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HomeMy WebLinkAboutR.T. Nahas Company of Idaho VAR Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council M m rc CITY OF MERIDIAN `208' 884.464 CHARLES ROUNTREE 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT GLENN BENTI-EY MERIDIAN, IDAHO 83642 ~'og~ $g~-ZZI I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 12. 1998 TRANSMITTAL DATE:__ 7/31/98 HEARING DATE:_ 8/18/98 REQUEST: Variance for Off-Premis Sign at S Progress Avenue/1-84 BY: R.T. Nahas Comuanv of Idaho LOCATION OF PROPERTY OR PROJECT: NW 114. SW 1/4, ection 18, T 3N , R 1 E B.M.. Ada County. Idaho TAMMY DE WEERD, P/Z MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM ~& FINAL PLAT) ._.~_ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~° CENTRAL DISTRICT HEALTH '~` NAMPA MERIDIAN IRRIGATION DISTRICT ~: SETTLERS IRRIGATION DISTRICT '~- IDAHO POWER CO. (PRELIM. ~ FINAL PLAT) '<` U.S. WEST (PRELIM. 8~ FINAL PLAT) ~ INTERMOUNTAIN GAS (PRELIM. 8~ FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) ~~ CITY FILES ~_IDAHO TRANSPORTATION DEPARTMENT: YOUR CONCISE REMARKS: NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, at the hour of 7:30 p.m., on August 18, 1998, for the purpose of reviewing and considering the Application of R. T. Nahas Company of Idaho, for a Variance for land located in the NW I/4 , SW'/4, Section 18, T.3N., R.lE., B. M., Ada County, Idaho, and which property is generally located at S. Progress Avenue and I-84. The Application requests a variance for anoff-premise sign. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 31 ~` day of Juiy, 1998. ~:~"cr.~._. ~' WILLIAM G. BERG, JR., Y ERK PUBLISH July 31 and August 14, 1998. 7 ~(~~ ~~r" ~ 5~~~~ ~, t S~ /~ ~~ ~/}~/~~ • • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: ~~ ~~`-~'~ S ~o . (3 ~ (Owner or holder of valid option) ,~"" ADDRESS: IL~~ ~ _ /'7rh ~/5~ _L~4l~~ Phone: 3.~~ ~-6~ ~ / 2~~'702~ ~~ GENERAL LOCATION: .-~~7"~ZS i~~-~ g~ ~,~,r,p ~,/~sT ~i ~zsi ~ `, ,,~ LEGAL DESCRIPTION OF PROPERTY: lt~,~ o s ~o ~- ,~ y , ~~, c~c ys ~P ~ ~ PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: 1. " VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoting and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor. ) DESCRIPTION OF PROPOSED VARIANCE: ~ ~~t1~T~le ~ Fi~EE~fh(//~/,~,),(~ ~v/ail/ .~D~l/T%~yr~C.1lo "C,,~~cJTi2/~U i/f~GC ~ Gt D~~e ~1-T~ i~p~,~ >. ~'~UD N1~/ ~i@ ,~C15/G1~ 5S ~~ ~ l.C~ .Tfi~-~__t3~?.~L SIGN~''TUI~:-~ CITY COUN IL RECORDS Date Received City Council Hearing Date Received by • ---~- CENTRAL VALLEY CORPORATE PARK July 17, 1998 Meridian City Council 33 E. Idaho St. Meridian, ID 83642 RE: CENTRAL VALLEY SIGN APPLICATION ("VARIANCE") Dear Council Members: Please see attached drawing of a sign we would like to erect on our property at "Central Valley Corporate Park". The purpose for this sign is three fold: (1) to identify the park; (2) to identify major tenants located within the park; (3) to consol- idate the previously mentioned on one sign,. as opposed to having separate freestanding signs. The proposed new sign would be located on the south end of the park in a common area. The existing freestanding sign identifying the park on the east end of the property would be removed. According to your planning director, Sherry Styles, the reason this sign would require a variance is because the tenants on the sign are "off. premise" of the sign location. It is true that the tenants to be shown on the sign are not directly under the sign, but they are a part of Central Valley Corporate Park. Many shopping centers have main identification signs that have tenant .panels on them. This is a nice way of cutting down on the number of freestanding signs in a congested area. Your consideration on this matter would be greatly appreciated. 102 S. 17th, Suite 300 • Boise, Idaho 83702 • (208) 336-6661 23' - O" • ,,~. C~ ~INTI ' %, ~L 'I~ 1 ~.. ~. ~ ,~ "VA L1LEY .ti ~ "~ 1 \ ~ F ~ A R 1 1 ~ ~~ ~~~ COlIZ1POlR~~A`~TiE 1I'A1RiK ~~ „~ ~ ~ ~ ,.. ,M1 FRONT ELEt//1TION ®DOUBLE FADE PYLON 51GN SCALE: 3/16"= 1'- O" Z ', V ryas oRIGwnL DESIGN Is PROTCtrsD `"` CENTRAL VAUFN CORPORATE 1ARK UNDER FEDERAL GOPVRIWT lwWg AND CAFIIJDf BE REPROIXICED ~~ EIOIAI IDAIN) W WHOLE OR MI %1RT WfT110lJT PRIOR VJi1(TTEN PERMISSION OF I ~,/UHN MORTON I STEPHEN GOLDEN WEST ADVERTISIN(' YdC RR~ custorotEa APPROVAL _ '~ ~wmwe ra.nw~i~ ~' W M drra. 1ry""A~e.. ~'°~" L- . I FILE "CEN1 AL72. PLT" ~ 6/3/98 w~°A1~ ~""^ ~ ONE x ,` x JIB ~'- iii i i x ~vCP ~ ~, ~ . ~., { y i a/ w` ~ ~ (/ '1 >~G. NH ~ is°vi' • v~i~ ~' ~ro ~~ ft N~~ ~ p: Z ~ ~~. 1 ~ .I~ ~ ~ ~ ~ ^ ~ ti M1 tG I I ~ V N ~ ~ }' J ~.~i ~ N" N.N- ~/1 v Zb ~ ~ ~~ m ~_ a _ a a ~75~~ NoZ. ~~~~! NN ~~ Z Y ~ _ N ~ fM n~.N I ,. 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Idaho Meridia~~nooooldaho 83642 ~.7~ ~,uJwrner 5 Order No. Date 7" 3U ~~' Name ~'lolden ~•~/e3~ f}dv r-1-i5i n t Pall Address l I E • 31 ~'' Sfi - 13~iSP. I !)• FS311y- Phone: •3`~S- ~3N3 SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT cl~ ~~`' . ... .. ~'"fifiecl rY12i l i n S balance . . owed 10 I Z1 I I I I I I I I I I I I I I i I I I 1 I Aq claims and returned goods MUST be accompanied by this bilC 0 0 0 9 0 4 8 R TAX I eceived BY SI TOTAL )O ;Z7 liJ-000-L (C V PRINTED IN U.S.A. vni"Teo wire SOY INK „ pw :_ fl~o o~ m= ~o m 3 rn 0 H z n H a ~ I) ~ II o c ~ O v rn A ~ 'N^ ~ .. F1 ~~?' ~ . ~ ~~ O ~ tZ No O .a ~ ~ m O w _ ~ O ~o-+ r D r W ~ ---I ~ Wiz u, A 77 D m z 0 N t7 m ~ z ~ x cn ~ Z O ~m mn \ ~~ O ~_~ \ o y, ~p D '~ N = (3f r7 Y ~ .P N c ~ ~ N ~ ~ OIQ.' O f/ N n W m ~ n I"~ Y ~ O I•- (~ F= i t Y a f • CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888433 Customer's Order No. Date ?" 2.`f- ~ Name C-~o~den 1n/~PSf f~dyer~h'Si~~ q ~C2n,-{~'11Y~~a~ 1/c~11~PV Arid rocc ~ ~ ~-I t/ • 31 f~ S-r - /K(1)tf~` anYddlPt~ n`Q (3ocst, t p. $311y Phone: 3~" ~'3`f3 SOLD BY ~ CASH C.O.D. CHARGE Gh e ~~~ ~ ~ ON ACCT. MDSE. RETD. PAID OUT ~ 1~a r. 4 -~ c~e ZS I I ~Z ~. NZ CQ-"~'• n0.; 1~~ I I I I I I I i I I I I I I All ciaimsand returned goods MUST beaccompanied by'tbis bill TAX I 0 0 0 9 0 4 6 Byceiveds~, TOTAL Z51 , ~, Gs-ZOZ-z L PRINTED IN U.S.A. vxixr[o wiTx SOYINK - C~A1'Ifll 1~6U/ CENTRAL VALLEY CORPO H N 300A'~ PROPERTY OWNERS W WAREMART INC BURKE &. NICKEL 3336E 32ND ST SUITE #217 TULSA OK 74135 E O1 ST ST E 01ST ST MCI{AGUE RONALD D & BONNIE R 885 S LOCUST GROVE RD MERIDIAN ID 83642-6271 BRITTANY ASSOCIATES SHARPS MANAGEMENT COMPANY 8205 SW CREEKSIDE PL STE D BEAVERTON OR 97008-7112 895 S PROGRESS AVE POCOCK ARTHUR F 20630 PATIO DR CASTRO VALLEY CA 94546 993 S PROGRESS AVE R T NAHAS CO AND g~ANELLI AND NAHAS 102 S 17TH ST SUITE #300 BOISE ID 83702-5177 E O1 ST ST E 01ST ST S PROGRESS AVE B-II LIMITED LIABILITY CO RT NAHAS CO AND gpFANELLI & NAHAS 3959 MULDOON PL MERIDIAN ID 83642-5621 1047 S PROGRESS AVE 1051 S PROGRESS AVE 1019 S PROGRESS AVE STATE OF IDAHO 650 W STATE BOISE ID 83702 W WALTMAN DR i " lllr ~vCP i he varlrley News, P.O. Box 299, Meridian, Idaho Affidavit of Publi~~ion STATE OF IDAHO }' ss. COUNTY OF ADA 83680 Copy of Notice (First Copy) NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridia! and the Laws of the State of Idaho, that the City Council of the City of Meridian wii hold a public hearing at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, ~~ the hour of 7:3Q pym , on August 18, 1998, for, the purpose of reviewing and consic ` Bring the Application of R:T. Nahas Company of Idaho, for a Variance for land loca~ ed in the NW 1/4~SW 1/4, Section 18, T.3N., R. lE., B. M., Ada County, Idaho, an which property is generally located at S. Progress Avenue and I-84, The Applicatio requests a variance for an off-premise sign. ,~ Amore particular legal description of the above property is on file in the Cit. Clerk's office at Meridian City Hall, 33 East Idaho Street,'and is available for inspec tion during regular business hours. A copy of the Application is available upon request. Any and all interested persor. shall be heard at said public hearing and the public ~s welcome and invited to subm Notice of Public Hearing/R.T. Nahas Company o1 TITLE OF PUBLICATION CITY OF MERIDIAN, IDAHO ~ PLAINTIFF OR LEGAL AGENT Tim Frates bein deposes and says: That I am the Publisher of VALLEY weekly newspaper published at Meridian, in the County of Ada Idaho; that said newspaper has been and is in general circulation aforesaid, and in the vicinity of Meridian; that the advertisemen is attached hereto, was published in said newspaper once a weei consecutive weeks in the regular and entire issue of said I period and time of publication, and was published in the newsp; not a supplement; that said paper has been established and regu: more than seventy-eight consecutive weeks prior to the date of ; said advertisement. testimony. r Dated this 31st day of July, 1998. /s/William G. Berg, Jr, City Clerk . L-566M July 31 and,August 14, 1998. Such notice was published in the issue beginning with JULY 31 19 98 ,and ending with the issue of August 14 19 98 p ~ t X STATE OF IDAHO COUNTY OF ADA On this 3 day of September in the year of 1998 before me, a Notary Public, personally appeared Tim Frates known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the sa e. - ,, / QQ~ ,,......,, s ~ f -~OT A~ , Notary Public for I ho _„ ~ ,_ I~siding at / .~ ~~~ ~~~^~-~ L~ ~' ~~' ~ A~~-C;otnt~9t~~on expires ~ ~~~~~d .,. ~,. -~,i, '~' , ~ e~ ,, l ~,. - ''"`" STATEMENT Valley News Meridian, Idaho Number of Lines ................ 18 LINES Number of Insertions ............. 2 18 Lines @ 1.50 .....$ 27.00 18 Lines @ 1.25 ... , ,$ 22.50 TOTAL COST WILL BE .....................$ 49.50 N~. L-566 M Meridian City Council September 1, 1998 Page 19 Hanson: Okay. Currie: All right then we'll just continue item 7 then until the last part of the evening you have a chance to read that and then we'll ask you again if you understand it and agree to all those. Okay? Bird: Mr. Mayor, I move tha# we table this conditional use permit for Donovan Hanson until after item number 15. Rountree: Second. Corrie: Motion made by Mr. Bird and second by Mr. Rountree to table this item number 7 until item number 15. Any further discussion? All those in favor of the motion say aye? MOTION CARRIED: All ayes. ITEM NO. 8: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE FOR OFF-PREMISE SIGN AT S. PROGRESS AVENUE / I-84 BY R.T. NAHAS COMPANY. Corrie: Council you have the variance Findings of Fact and Conclusions of Law on the request. Any questions? Bentley: I have none. Bird: I have none. Anderson: None. Corrie: I'll entertain a motion on the Findings of Facts. Anderson: Mr. Mayor I make a motion we approve the Findings of Fact and Conclusions of Law for the variance for off-premise sign for R.T. Nahas and Company. Bentley: Second. Corrie: Motion made and second that we approve the Findings of Fact and Conclusions of Law. ROLL CALL VOTE: Bird, yea. Anderson, yea. Rountree, yea. Bentley, yea. Currie: Motion for the decision. • Meridian City Council September 1, 1998 Page 20 Anderson: Mr. Mayor, I make a motion that we accept the decision that is for the variance for the off-premise sign be hereby granted. Bird: Second. Corrie: Motion made and second the decision of the motion of the variance for the off- premise sign is hereby granted. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 9: FINAL PLAT FOR HAVEN COVE NO. 8 BY MERIDIAN LAND DEVELOPMENT CO. -SOUTH OF W. CHERRY LANE AND EAST TEN MILE RD. Corrie: Council do you have any questions of staff? Bentley: I have a question for staff. Gary, Shari is all the particulars been responded to and everything in order? Smith: Mr. Mayor and Council members, Councilman Bentley I have not received a response from the applicant on our comments unless city clerk has recently received it. So without that response I can only assume that they are in agreement with our requests for your approval. Rountree: Mr. Mayor I believe there some individuals in the audience (inaudible) that particular question. Jacobs: We have read the comments by staff and do agree with the comments and we can comply with them. Bentley: That's all I have. Rountree: Mr. Mayor, I move that we approve the final plat for Haven Cove No. 8 subject to conditions of staff. Bentley: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bentley that we approve the final plat of Haven No.8 with approval of the staff'. Any further comments? All those in favor of the motion say aye. MOTION CARRIED: All ayes. • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 1, 1998 APPLICANT: R.T. NAHAS COMPANY ITEM NUMBER: 8 REQUEST: VARIANCE FOR OFF-PREMISE SIGN AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED FINDINGS ,I L ~j~ ~~ ~t -j~ a; „ l~k~, ~l (` ~, l ~~ ,~v All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council August 18, 1998 Page 17 Corrie: Any further questions? All right, thank you. Is there anyone else from the public that would like to issue testimony on this issue? Hearing none, council discussion? Rountree: Mr. Mayor I move that the Meridian City Council - Corrie: Then I will close the public hearing at this time. Okay. Rountree: Mr. Mayor I move the Meridian City Council approves the Findings of Fact and Conclusions of Law with the following amendments: Deleting item 20 on page 23 relating to the Nampa Meridian Irrigation District, deleting the second sentence in item 7 on page 32 relating to parking space size. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to accept the Findings of Fact and Conclusions of Law as adopted by the Planning and Zoning Commission with the additions of the deletions. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: I'll entertain a motion on the decision. Rountree: Mr. Mayor, I move that the Meridian City Council approves the conditional use permit requested by the applicant for the property described in the application. The applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to accept the decision and recommendation as read. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 15: PUBLIC HEARING: REQUEST FOR VARIANCE FOR OFF-PREMISE SIGN AT S. PROGRESS AVENUE / I-84 BY R.T. NAHAS COMPANY -INTERSTATE 84 AND EAST 1ST STREET. • Meridian City Council August 18, 1998 Page 18 I, J Corrie: I will open the public hearing and invite Robert or your representative. JOHN MORTON 2880 W. FRANKLIN ROAD WAS SWORN BY THE CITY ATTORNEY. Morton: What we're proposing out there on Bob's property is to erect asign - I guess there's probably a picture of it here somewhere. But to erect a sign that identifies Central Valley Corporate Park as a whole. There is an existing smaller sign out farther east from where this sign would be placed that would be removed but as we stated in our letter the reasons for the request on this sign are three fold. Number one to identify the Central Valley Corporate Park as a whole. Number two to identify some major tenants that are located in that park, and number three to consolidate the previously mentioned on to one sign as opposed to having more than one sign for these various tenants. Those tenants at this present time being Home Depot and Waremart. We have a couple smaller tenant panels placed on this sign. It's kind of a -Shari tells us that this sign falls under the category of aoff-premise sign and the reason for that is that the sign actually sits on Central Valley Corporate Park land as a whole, but Home Depot has their own parcel. It's kind of like a shopping center situation where you might have one large sign and you have various tenants underneath that same sign. I'd sure entertain any questions if you had them. Anderson: If this is allowed then am I to understand that each tenant is not going to put a sign on their own piece of property? Morton: They would not put up a free standing sign. Anderson: But they may put sign up on the building. Morton: They may put up a wall sign that faces the you know the main entry road. Anderson: And they've agreed to that somewhere? Corrie: If you can see to get up here, Bob, you're all right. BOB NAHAS 8688 BROOKSIDE LANE BOISE WAS SWORN BY THE CITY ATTORNEY. Nahas: The question was concerning the signs on the buildings. Anderson: I guess my question is if this corporate sign for the entire park if that's allowed, I guess my question is are they going to forego putting up pole sign on their property and have they signed something to that extent? Meridian City Council August 18, 1998 Page 19 Nahas: I don't think they anticipate pole signs. They might want a monument sign at the entrances and the side of the building, but it's very important that they be seen from the freeway. Waremart is going to be very hidden and Home Depot is back in excess of 200 feet, and even a sign on the building you would not be able to see coming down the freeway so it's real important for them that they have that kind of exposure. Anderson:- So this sign could be in addition to what they do on their own site. Nahas: Yes, they probably will want signs at their entrances and sign on the buildings. The nature of the beast. Anderson: Okay. Bentley: To your knowledge do they plan on coming before us or Planning and Zoning to have their sign reviewed before erecting them? Nahas: Is it necessary that they have a conditional use if it's within the ordinance, the size requirements of the ordinance? I don't think they would need to come - (Inaudible) Corrie: Any further questions? (Inaudible) Corrie: Thank you Bob. This is a public hearing. Is there anyone else who would like to enter testimony at this time? Is there any further discussion on the request for Council? If none I'll close the public hearing. Council discussion? Pleasure on the request? Bentley: I have no discussion. Corrie: I'll entertain a motion on the variance request. Rountree: Mr. Mayor~l move that we have the city attorney prepare Findings of Fact and Conclusions of Law on the variance request for off-premise sign Progress and I-84 and have those Findings prepared and ready for us at our September 1St meeting and to indicate an acceptable decision. Bird: Second. Corrie: Motion made Mr. Rountree second by Mr. Bird to have the attorney draw up the Findings of Fact and Conclusions of Law for the variance for September 1St, 1998 Meridian City Council „F. August 18, 1998 Page 20 meeting. Any further discussion? Hearing none, all those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 16: FINAL PLAT FOR CROSSROADS NO. 7 BY J. RAMON AND MARILYN YORGASON -SOUTHEAST CORNER OF EAGLE AND FAIRVIEW. Corrie: I think we just got the general comments back. Council any questions of staff? Bentley: Question for staff. Shari have you reviewed their response? Stiles: Yes, I have. I would like -they took exception to one comment about the landscaping bonding for the landscaping. They said that they hadn't done that in the past. That's just normal for all of the subdivisions we have now before we sign off on the plat. They have had some problems out there with their existing landscaping. I understand that was a pressurized irrigation problem, but I would like that comment to stand. Smith: Mr. Mayor and Councilmen, Councilman Bentley, the only comment that I had concerns item number 11, which is the coordination of the extension of the waterline in this phase of Crossroads that presently serves Westdale Park No. 2 to the east. That's the only service line to that subdivision and since there was a reconfiguration of the roadway in the area of that waterline that extends over to Westdale, there is a cross water fitting that will need to be removed and replaced and so that line will need to be shut down, and so it's going to require some pretty close coordination. The engineer has indicated that they will work with public works to put a plan together but I just wanted to be sure that they were aware and that Ramon was aware that is the only water feed to Westdale Subdivision and when it goes down for connection or reconfiguration, that subdivision will be out of water. The only other thing we could do is to connect between a fire hydrant on Westdale number 1 which is United Water system and pirate some water with their approval of course. But I guess that we could -there would probably need to be notification made by the developers contractor to the residents of Westdale so that they are aware of exactly what's happening, how long water was going to be down, etc. and I don't see that that would be a problem. We've done that before in subdivisions. Bentley: Who does the notification on that Gary? Is that us? Smith: No, sir that is up to the developer or his engineer or contractor. Corrie: Sir, I assume that this meets with your approval? Okay. ~ ~ RACE ,D BEFORE THE MERIDIAN CITY COUNCIL AUG 2 8 1998 R . T . NAHAS COMPANY CITY OF MERIDIAN FOR A VARIANCE FOR AN OFF PREMISE SIGN AT PROGRESS & I-84 FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on August 18, 1998, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for August 18, 1998 the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 18,1998, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the property is zoned C-G (General Retail and Service Commercial). 4. That the Applicant's application states that the FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 1 • Applicant is proposing a single sign identifying all the tenants on one sign as opposed to separate freestanding signs for each tenant. The sign would be located on the south end of the property in the common area. 5. The entire property in question is described in the application and is incorporated herein as if set forth in full. 6. That at the public hearing, the Applicant's representative testified that they would like to put up a single sign for the whole development as opposed to individual signs on each separate parcel. 7. That the City Engineer, Planning and Zoning Administrator did not submit comments. Nampa Meridian Irrigation had no comment on the project. 8. There was no other testimony at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 2 • Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That Section 2-415 C 6 notes that off premise signs are expressly prohibited. 6. That the following provision of Section 11-9-612 A. l., of the'Subdivision and Development Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 3 • • to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 9. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the sign Ordinance would clearly be unreasonable since requiring a sign for each business as opposed to one sign would be onerous. b. That strict compliance with the requirements of the sign Ordinance would result in extraordinary hardship to the applicant. c. That .the granting of the variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the granting of the variance would not violate the provisions of the Idaho Code. e. That the variance would not have the effect of altering the interests and purposes of this Ordinance or the Meridian Comprehensive Plan. 10. That it is concluded that the Application for variance from Section 2-415 C 6 of the Subdivision and Development FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 4 • • Ordinance on sign requirements should be granted. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 5 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL-CALL: COUNCILMAN BIRD COUNCILMAN ANDERSON COUNCILMAN ROUNTREE COUNCILMAN BENTLEY MAYOR CORRIE (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED That it is decided the variance for the off premise sign is hereby granted. APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 6 • MERIDIAN CITY COUNCIL MEETING: August 18, 1998 APPLICANT: R T. NAHAS COMPANY ITEM NUMBER: 15 REQUEST: VARIANCE FOR OFF-PREMISE SIGN AT S. PROGRESS 8~ I-84 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~ p ~ ~ ~~' ~ ~~ , -~ ~ ~ All Materials presented at public meetings shall become property of the City of Meridian. Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERI_ DIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT ~2os~ as7-221 t PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 121998 TRANSMITTAL DATE: 7131198 HEARING DATE: 8118198 REQUEST: Variance for Off Premise Sian at,~S Proaress Avenue/1-84 BY: R T Nahas Company of Idaho LOCATION OF PROPERTY OR PROJECT: NW 114 SW 1/4 Section 18. T.3N.. R.1 E.. B M Ada County, Idaho -- TAMMY DE WEERD, P/Z MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~~ POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) _~,ADA COUNTY HIGHWAY DISTRICT °-- ADA PLANNING ASSOCIATION '~ CENTRAL DISTRICT HEALTH ~~ NAMPA MERIDIAN IRRIGATION DISTRICT `~ SETTLERS IRRIGATION DISTRICT ~' IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT) k U.S. WEST (PRELIM. & FINAL PLAT) k INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) `~ CITY FILES u IDAHO T NSPORTATION DEPARTMENT: YOUR CONCISE~MARK~: _,,T/'lri~ -- • • HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 88a-4264 Cou~~,I Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILD'NG DEPARTMENT (..08) 887-.._1l GLENN BENTLEY MERIDIAN, IDAHO 83642 ~i~,~ T~~1 RON ANDERSON Phone (208) 888-4433 • Fax (208) 88~~-is`J~~-V PLANNING AND ZONING DEPARTMENT KEITH BIRD AUG p 3 199$ (208) 88<t-5533 ~'?'!" ~?F MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERH)IAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 12 1998 TRANSMITTAL DATE: 7131/98 HEARING DATE: 8/18198 REQUEST: Variance for Off-Premise Sian at S. Progress Avenue/I-84 BY: R.T. Nahas Company of Idaho LOCATION OF PROPERTY OR PROJECT: NW 1/4 SW 1/4, Section 18. T.3N., R.1E.. B M ,Ada County Idaho TAMMY DE WEERD, P!Z MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8 FINAL PLAT) ~_ADA COUNTY HIGHWAY DISTRICT ',- ADA PLANNING ASSOCIATION '~' CENTRAL DISTRICT HEALTH ~~~ NAMPA MERIDIAN IRRIGATION DISTRICT `~" SETTLERS IRRIGATION DISTRICT `-.' IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT) 't U.S. WEST (PRELIM. & FINAL PLAT) k INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) X CITY FILES k IDAHO TRANSPORTATION DEPARTMENT: YOUR CONCISE REMARKS: ~' ~ la f~" • • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT o.n it M mb *c CITY OF MERIDIAN (208) 88-1-d26~1 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BEN"IZ-EY MERIDIAN, IDAHO 83642 (2os> s87-2z1 t RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 12. 1998 TRANSMITTAL DATE: 7!31/98 HEARING DATE: 8/18/98 REQUEST:_Variance for Off-Premise Sign at S Progress Avenue/I 84 BY: R.T. Nahas Comnanv of Idaho LOCATION OF PROPERTY OR PROJECT: NW 1/4. SW 1/4. Section 18 T 3N R 1 Ems, B.M.. Ada Countv Idaho TAMMY DE WEERD, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8 FINAL PLAT) ._~ADA COUNTY HIGHWAY DISTRICT '-- ADA PLANNING ASSOCIATION %' CENTRAL DISTRICT HEALTH `~ NAMPA MERIDIAN IRRIGATION DISTRICT `~ SETTLERS IRRIGATION DISTRICT `~` IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT) ~' U.S. WEST (PRELIM. & FINAL PLAT) k INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) k CITY FILES ~t IDAHO TRANSPORTATION DEPARTMENT: YOUR CONCISE REMARKS: ~. ,~ ~ ~ REcE~D AUG 1 4 1998 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 RE: Variance for Off-Premise Sign at S. Progress Avenue/I-84 - R. T. Nahas Dear Commissioners: The Nampa & Meridian Imgation District has no comment on the above referenced application. Sincerely~,f l/" CMG :c~-~- John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA:dIn cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 12 August 1998