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Idaho Independent Bank CZC 98-013 HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208)887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 CERTIFICATE OF ZONING COMPLIANCE* Date: MaX29, 1998 Owner: Idaho Independent Bank Cu' ~~~ ~~ 3 Address: 113 E. Idaho Street Proposed Use: Bank with Drive-thru Facilities. Zoning: O-T Comments: Off street parking and landsca~ingto meet requirements of City Ordinance 11-2-414. Provide striping~and handicapped mace with signage to meet ADA requirements. Sianaae subiect to design review and requires separate permits No oil premise portable or temnorary s><anasae permitted Provide screened trash enclosure in accordance with Citv Ordinance. Owner to secure Certificate of Occupancy_prior to any use of the property Shari Stiles Planning & Zoning Administrator *Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, etc. This certificate shall expire one (1) year from the date of issuance if work has not begun. • • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21.1999 APPLICANT: IDAHO ELECTRIC SIGNS AGENDA ITEM NUMBER: REQUEST: APPEAL OF P & Z ADMINISTRATOR FOR ELECTRONIC MESSAGE CENTER FOR IDAHO INDEPENDENT BANK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER 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: COMMENTS SEE ATTACHED ORDER BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE APPEAL OF THE PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BAND SIGN CASE NO: AP-99-001 ORDER GRANTING APPEAL, OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BAND SIGN AND ORDER OF REMAND This matter coming before the City Council upon the appeal of Idaho Independent Banlc, by and through its representative, Idaho Electric Signs, 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, the City of Meridian Planning and Zoning Administrator, and Debbie Anderson, representative of Idaho Electric Signs, and Gerry Mattison, from Idaho Independent Banlc, and being fully advised in the premises issues the following Findings of Fact and Conclusions of Law and Decision and Order: ORDER GRANTING APPEAL OVER-RULING OF PLANNING -PAGE 1 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BANK SIGN AND ORDER OF REMAND FINDINGS OF FACT 1. Idaho Independent Banlc submitted for approval, to the Planning and Zoning Administrator, a sign as depicted in Sketch #7250, Revision 2/18/99, File: Steve C:\JOBS\IDAHOIND.PLT. 2. The Planning and Zoning Administrator's office denied the Electronic Message Center portion of the proposed sign upon the basis that it violated the provision of § 11-2-415 C paragraph 7 of the Municipal Code, which prohibits signs in all districts, except as otherwise provided by ordinance with "flashing lights or strobe lights of any color", as evidenced in the fax transmission to Debbie Anderson, from Brad Hawkins-Clarlc dated 8-12-99. 3. The Idaho Independent Banlc, through its representative, Idaho Electric Signs, timely filed an appeal of the Administrator's determination and decision for hearing before the City Council. 4. The system, which will be used for the Electronic Message Center, is a LED (Light Emitting Diodes System), which emit very little light, and will be a amber colored system with equivalent light from the LED of approximate 5 watt incandescent system, and will not use the "flash" message system display. 5. Subject to the conditions of Finding no. 4, herein, the proposed Electronic Message Center is not a "flashing lights or strobe lights" prohibited sign, ORDER GRANTING APPEAL OVER-RULING OF PLANNING -PAGE 2 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BAND SIGN AND ORDER OF REMAND • N 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 this Ordinance. 1.2 Flashing lights or strobe lights of any color. 2. The City ordinances provide at § 11-2-404 D 1 a of the Municipal Code for an appeal, hearing and review by the City Council of an order, requirement, decision, interpretation or determination by the Planning and Zoning Administrator. DECISION AND ORDER GRANTING APPEAL, OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BAND SIGN 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: 1. The decision of the Planning and Zoning Administrator of denial of the Electronic Message Center portion of the proposed sign upon the basis that it violated the provision of § 11-2-415 C paragraph 7 of the Municipal Code, which ORDER GRANTING APPEAL OVER-RULING OF PLANNING -PAGE 3 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BANK SIGN AND ORDER OF REMAND prohibit signs in all districts except as otherwise provided by ordinance with: "Flashing lights and strobe lights of any color", is over-ruled upon the condition that the proposed sign uses a system for the Electronic Message Center, a LED (Light Emitting Diodes) which emit very little light, and will be of amber color with equivalent light from the LED of approximate 5 watt incandescent light, and will not involve the use of the "flash" message system display and otherwise is in accordance with the presentation and dimensions as depicted in Sketch #7250, Revision 2/18/99, File: Steve C:\JOBS\IDAHOIND.PLT. 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 seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held September 21, 1999. ROLL CALL: COUNCILMAN ANDERSON VOTED ORDER GRANTING APPEAL OVER-RULING OF PLANNING -PAGE 4 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BAND SIGN AND ORDER OF REMAND COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED COUNCILMAN ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED, DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk By: Dated: msg/Z:\Work\M\Meridian 15360M\IDAHO INDEPENDENT BANK APPEAL\ORDERGrantingAppealOver-RulingPZDenail ORDER GRANTING APPEAL OVER-RULING OF PLANNING -PAGE 5 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BAND SIGN AND ORDER OF REMAND SITE INSPECTION CIiECKLIST City of Meridian Planning & Zoning Project: ~ .~' ~'~+~~ Inspection Date: ~_/a~ / ~ Contact: ~ ~ ~ Inspected by: ~c~ '~ ~- . Site Review Elements Comments O.K. ~ 1. Landsca in a) # of Trees (1, 3" cal. er 1,500 s.f. of as halt b) Tree Locations (per site lan c) Shrubs & Planters (# and location d) Plant Species (as submitted ~ ~C~ ~ e) Sod & Gravel Areas . dimensions and sitin s fl Berms (dimensions and sitin .~ ~ s+,~ s-~,ri.~ ~'o ~~ ~e- W ~ ~ f g) Planting Beds & Islands dimensions, bark, to soil 2. Restrooms ADA a) Rails ,/ b) Insulated pipes 3. Signage ,~~,~;~ - 3~p~r~, 4. Parkin ~ ; Oo ; E' a) Standard Stalls ~ ~ ,~-- b) Handicap Stalls (van accessible, aisles, si ns ~" ` a ~~`~ ~' `°~' ~'0~ / c) Curbing & Striping 5. Trash Areas a Location M, b Screenin 6. Underground Irrigation 7. Walhways/Paths Inspection Sign-Off Incomplete (no sign-ofd Sure . Bond Yes No ~emporary Final ~ ~ rock t-s :~• C:\P&Zadmin\SiteInspectionChecklist