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HomeMy WebLinkAboutFindings March 16; 2001 AP O1-001 MERIDIAN CITY COUNCIL MEETING March 20, 2001 APPLICANT A to Z Rental & Supply ITEM NO. 3-G REQUEST Findings -Appeal of the Planning and Zoning Administrator's interpretation of the definition of "flashing sign" - 1603 East 1st Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ,~7~ V,~ SANITARY SERVICE COMPANY ~0 ~ " CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shell become property of the City of Meridian. Sent By: ; 20H HHB 6H54; Jan-29-01 4:02PM; Page 4%4 t KUR 0! TRF.ASURF, YALLEy (MAYOR A Good Place to Live Rob+kt n, Cowie L,EQAI, uF.PARTMeNT CITY OF M + RIDIAN ~ZUIZ, 28g_2.~, . Fox zsa-2501 crrv cou~rcr~, n~~~.as PUBLIC WORIW Rcv4Anderscm 33 EASY IDAHO 1)ul[,D[NO uNNARrMLN1~ xgie' Bird MERIDIAN, IDAHO 83642 (zos> se7_zzi ~ ~ Fax $87-1297 T~ly deWecrd QOB) 888-4433 • FAX (208) 887813 PI,ANNINCI ANn 7,ONING CAerie?MeCandkss City Clerk Ofnee Fstx 0208) 88~1.l~J ~ ~~ DHPARTMEN`I' (208) 854-5533 ~ PAX 888.6854 MEMORANDUM: JAN ~ ~ ~~r~ city o! llleridinra January 29, 2001 1'0: Mayor & City Council City Clerk Otlice From: < Brad Hawkins-Clark, Planner ~~ Re: Appeal of the P&Z Director's Decision to lleny a Flashing Sign Application -- by A to Z Rental & Supply (File# APw 01-001) We hive reviewed this submittal and offer the following comments, As conditions of t5e appticgnt. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCA n IUN & ZONING The property is located at 1603 last ls` Street, approximately 275 feet south of the Fairview/E. ]s` intersection on the west side c>,f the street. The Rite Aid retail complex is located directly east of the site,. Thy property is currently zoned Community CommercialBusiness (C-C). i On November 30, 2000, A to Z Rental submitted a sign application to the Platuung & Zoning Department for a new free-standing sign on the East 1 `t Street frontage of their property, The proposed sign included an electronic readerboard component. The sign application was reviewed by Staff according to the existing sign ordinance (the new sign ordinance was not forrnalIy adopted yet). Under the exiting sign ordinance, the Zoning Administrator has deemed electronic readerboards to be classified] as "flashing lights" or containinb the potential to flash lights, which are prohibited by Ordinance 11-14-3.G. Consistent with previous applications for electronic readerboards, the P&Z Departtt~ent denied the application based on the Administrator's interpretation of Ordinance 11-14- 3.G. The Applicant was informed that the proposed sign withnut a readerboard would be acceptable. Prior to subm~ttit>.g the sign application, the Applicant's sign company sales representative was informed by me that,an amendment to the sign ordinance was pending before the City Council and that the ordinance amendment prohibits electronic readerboards in the C-C zone. The proposed sign ordinance allows electronic readerboards up to 20% of the sign background area, but only in the C-G and I-L zones• Tj,~ey are prohibited in the C-C zone. AN-01-col A to Z Rental; Appeal.doc JAN 29 '01 16 16 208 888 6854 PAGE. 04 • February 2, 2001 AP 01-001 MERIDIAN CITY COUNCIL MEETING February 6, 2001 APPLICANT A to Z Rental &Supply ITEM NO. 22 REQUEST Appeal of the Planning and Zoning Director's interpretation of the definition of "flashing sign" 1603 East 1st Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See atFcched U- ~ i~ ~~ OTHER: Contacted: ~p~i~, ~,~/~~j~~(v~ Date:a'S" ~~~ Phone: ~~ 3333 Materials presented at public meetings shall become property of the City of Meridian. ~, ~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02-06-01 IN THE MATTER OF THE APPEAL ) OF THE PLANNING AND ZONING ) ADMINISTRATOR'S INTERPRETATION ) OF THE DEFINITION OF "FLASHING ) SIGN" FOR A TO Z RENTAL & SUPPLY ) SIGN ~ BY: A TO Z RENTAL ) FILE COPY ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR' S DENIAL OF APPLICATION AND ORDER OF REMAND This matter coming before the City Council on February 6, 2001, at the hour of 6:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, upon the appeal of A to Z Rental & Supply, and the Council having received the Appeal Application form, and the record in this matter, and having heard the arguments and presentation of Shari Stiles, Planning and Zoning Administrator, and Toby Williamson, the Applicant, and being fully advised in the premises issues the following Findings of Fact and Conclusions of Law and Decision and Order: FINDINGS OF FACT 1. Toby Williamson submitted for approval, to the Planning and Zoning Administrator, an application for a new sign for A to Z Rental & Supply which includes a computerized electronic reader board, similar to the signs at Meridian ORDER GRANTING APPEAL, OVER-RULING OF PLANNING -PAGE 1 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION AND ORDER OF REMAND (By: A to Z Rental - AP-01-001) • • High School, the Meridian Public Library, and the Idaho Independent Bank, located in a Community Business C-C) zone at 1603 East 1S` Street, Meridian, Idaho. 2. The Planning and Zoning Administrator's office denied the application for a new sign for A to Z Rental & Supply which includes a computerized electronic reader board at 1603 East ls` Street, Meridian, Idaho, upon the basis that electronic reader boards, within the existing sign ordinance, are classified as "flashing lights"or containing the potential to flash lights, which are prohibited by Ordinance 11-14- 3.G. Therefore, to be consistent with previous applications for electronic reader boards, and the interpretation of Ordinance 11-14-3.G., the application was denied. Additionally, the Planning and Zoning Administrator informed the Applicant that the proposed sign without a reader board would be acceptable. Prior to submitting the sign application, the Applicant's sign company sale representative was informed that an amendment to the sign ordinance was pending before the City Council, and that the ordinance amendment prohibits electronic reader boards in the C-C zone. The proposed sign ordinance allows electronic reader boards up to 20% of the sign background area, but only in the C-G and I-L zones. They are prohibited in the C-C zone. 3. Toby Williamson timely filed an appeal of the Administrator's determination and decision for hearing before the City Council. ORDER GRANTING APPEAL, OVER-RULING OF PLANNING -PAGE 2 OF S AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION AND ORDER OF REMAND (By: A to Z Rental - AP-01-001) U ~~ 4. The .sign, which will be used for the electronic reader board for A to Z Rental & Supply, includes a computerized electronic reader board, and will scroll and switch to time and temperature, but will not flash, and it conforms to the maximum height requirement. The sign is intended to enhance the looks of A to Z Rental SL Supply, to provide promotional information, time and temperature updates, and provide a conduit for local public service announcements. 5. Subject to the conditions of Finding no. 4, herein, the proposed use of a computerized reader board sign will not have "flashing lights" and is not a prohibited sign, and therefore, the decision of the Administrator of denial is over-ruled. CONCLUSIONS OF LAW 1. The City of Meridian has duly enacted the following ordinance provisions regulating signs as follows: 1.1 The activities and types of signs shall be expressly prohibited in all districts except as otherwise provided by Ordinance. 1.2 Flashing lights or strobe lights of any color. 2. The City ordinances provide at Meridian City Code § 11-3-4 for an appeal, hearing and review by the City Council of an order, requirement, decision, interpretation or determination by the Planning and Zoning Administrator. ORDER GRANTING APPEAL, OVER-RULING OF PLANNING -PAGE 3 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION AND ORDER OF REMAND (By: A to Z Rental - AP-01-001) DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION FOR A COMPUTERIZED ELECTRONIC READER BOARD AT 1603 EAST 1sT STREET, MERIDIAN, IDAHO OF TOBY WILLIAMSON AND ORDER OF REMAND Based upon the above and foregoing Findings of Fact and Conclusions of Law IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The decision of the Planning and Zoning Administrator of denial of the computerized reader board sign is based upon the grounds that electronic reader boards, within the existing sign ordinance, are classified as "flashing lights"or containing the potential to flash lights, which are prohibited by Ordinance 11-14- 3.G. Ordinance 11-14-3.G., state as follows: 11-14-3 PROHIBITED SIGNS: G. Flashing lights or strobe lights of any color. 2. This matter is remanded to the Planning and Zoning Administrator for further action in accordance with this decision. 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 § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the appeal may within twenty-eight (28) days after the date of this decision and ORDER GRANTING APPEAL, OVER-RULING OF PLANNING -PAGE 4 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION AND ORDER OF REMAND (By: A to Z Rental - AP-01-00.1) ,f ~ ~ 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 ~=~J~ -day of %~~~ , 2001. ROLL CALL: COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: .3~~~-O/ MOTION: APPROVED: DISAPPROVED: VOTED__v VOTED__ G~~ VOTED__ `~~ VOTED `~e~-t-- VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. By: ,~G~~ Dated: City Clerk 3 z~-off ~' ~~E;I~,,_ ~ r~ ~~i ~.4 r sac ~y 5 msg/Z:\Work\M\Meridian\Meridian 15360M\A Z Rental Appeal of P & Z\ORDERGrantingAppealOver-RulingPZDenialFlashingsign.wpd ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE S OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION AND ORDER OF REMAND (By: A to Z Rental - AP-O1-001) i • /~/ ~0 p Y BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02-20-01 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR STATEN PARK SUBDMSION FOR 24 BUILDING LOTS AND 5 OTHER LOTS ON 8.15 ACRES, LOCATED EAST OF BLACK CAT AND SOUTH OF USTICI~ ROAD, MERIDIAN, IDAHO Case No. PP-00-027 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT BY: LEAVITT AND ASSOCIATES ENGINEERING The above entitled matter coming on regularly for public hearing before the City Council on February 20, 2001, at the hour of 6:30 p.m:, at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-00- 025, and the City Council based upon its. Findings of Fact and Conclusions of Law and Decision and Order in Case No. AZ-00-025, does hereby deny the application for preliminary plat approval. FINDINGS OF FACT 1. It is found that the Recommendations to City Council of the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING PRELIMINARY PLAT STATEN PARK SUBDIVISION BY: LEAVITT &ASSOCIATES (PP-00-027) - 1 and Zoning Commission is not reasonable, nor appropriate ate, for the conditions of approval of the preliminary plat due to the denial of the annexation and zoning in Case No. AZ-00-025. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5, and based upon the above and foregoing Findings of Fact which are herein adopted. IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-00-025, the Council does hereby deny the application for preliminary plat approval. By action of the City Council at its regular meeting held on the ~ ' day of ' , 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED_ ~6~~`~ VOTED /~ ___~ VOTED_Z~~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING PRELIMINARY PLAT STATEN PARK SUBDIVISION BY: LEAVITT &ASSOCIATES (PP-00-027) - 2 ~ ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~-6-©~ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. _~..~a~.x, By L„ Dated: City Clerk 9-6-a/ msg/Z:\Work\M\Meridian\Meridian 15360M\StatenParkDenyAZ025\FfClsOrdDeny.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING PRELIMINARY PLAT STATEN PARK SUBDIVISION BY: LEAVITT & ASSOCIATES (PP-00-027) C~' ~~ ~~ - 3