Meridian Town Center VAR-12-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN,~-
~J
In the Matter of a Variance to UDC 11-3D-8F.4d for Free-Standing Signs at Meridian Town
Center, Located on the Northeast Corner of N. Eagle Road and E. Fairview Avenue, by Idaho
Electric Signs.
Case No(s). VAR-12-002
For the City Council Hearing Date of: July 17, 2012 (Findings on August 7, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 17, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 17, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2012,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 17, 2012, 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. §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 April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-12-002
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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 all in the attached Staff Report for the
hearing date of July 17, 2012, 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 request for a Variance is hereby approved per the Staff Report for the hearing
date of July 17, 2012, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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.
E. Attached: Staff Report for the hearing date of July 17, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-12-002
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By action of the City Council at its regular meeting held on the 1 ~- day of ~- ~,.7f _,
2012. ~ ~ Q _
COUNCII, PRESIDENT BRAD HOAGLUN VOTED~Qg~
COUNCII, VICE PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED_
(TIE BREAKER) ~ ~ ~ q
Mayor Tai I de Weerd
Da,TED AUr,U~
Attest: 3`oes , 9
o~
1 _ n nc~cyoe
- lonxa
Jaycee an, City Clerk ~,
~~, SEAL
9,,EB'~Ide TRf RSEa~,,
Copy served upon Applicant, The Plann parts
Public Works Deparhnent and City Attorney.
By: Dated: ~-~'/,-
City Cler ' Office
CITY OF MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). VAR-12-002
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EXHIBIT A
STAFF REPORT
Hearing Date: July 17, 2012 i'~ T~T /~ k T~
TO: Mayor & City Council I d A H 4
FROM: Sonya Wafters, Associate City Planner
(208) 884-5533
SUBJECT: VAR-12-002 -Meridian Town Center Free-Standing Signs
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Idaho Electric Signs, requests approval of a variance to UDC 11-3D-8F.4d, which
limits the background area offree-standing signs to two hundred (200) square feet on properties that
exceed seven hundred fifty (750) feet of linear street frontage.
The applicant proposes five (5)free-standing signs with a maximum background area of three
hundred fifty five (355) square feet each. See Section VIII Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff finds that the request for a variance does not meet all of the findings criteria required in the
UDC in order for the City Council to grant a variance (see Exhibit B for the required variance
findings). Therefore, Staff recommends denial of the subject Variance application for the reasons
stated herein.
~_ ummarv of City Council Public Hearin:
i, In favor: Dan Lipsett, CenterCal Pro ep roes
11: In opposition: None
lil. Commenting: None
iY. Written testimony: None
y. taff nresentin~ apnlication: Sonya W
y1, Other staff commenting on application: Bruce Chatterton
I~ ev Issues of Discussion by Council•
L Restrictions on limited duration and changeable coov signs
~_ Key Council Changes to Staff Recommendation
L Council voted to annrove the VAR application
III. PROPOSED MOTIONS
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number VAR-12-
002 as presented in the staff report for the hearing date of July 17, 2012, for the following reasons:
(you should state specific reasons for denial.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number VAR-12-
002 to the hearing date of (date certain) for the following reason(s): (you should state specific
reason(s) for continuance.)
Meridian Town Center VAR-12-002 PAGE 1
EXHIBIT A
Approval
After considering all staff, applicant, and public testimony, I move to approve File Number VAR-
12-002 as presented in the staff report for the hearing date of July 17, 2012, with the following
changes: (insert any changes here). OPTIONAL: I further move to direct Staff to prepare Findings
for this project, to be considered at the (date certain) public hearing.
IV. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
This site is located on the northeast corner of N. Eagle Road and E. Fairview Avenue in the
northwest'/4 of Section 4, Township 3 North, Range 1 East
b. Owners:
Meridian CenterCal, LLC
7455 S.W. Bridgeport Rd., Ste. 205
Tigard, OR 97224
c. Applicant:
Tony Mead, Idaho Electric Signs, Inc.
6528 Supply Way
Boise, ID 83716
d. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
a. The subject application is for variance. A public hearing is required before the City Council on
this matter, consistent with Meridian City Code Title 11, Chapter 5.
b. Newspaper notifications published on: July 2, and 9, 2012
c. Radius notices mailed to properties within 300 feet on: June 29, 2012
d. Applicant posted notice on site by: July 6, 2012
VI. LAND USE
a. Existing Land Use(s): This site is currently in the development process and is proposed to
develop with a mix of commercial uses.
b. Description of Character of Surrounding Area: The surrounding area consists primarily of
existing commercial uses & property zoned for future commercial uses with a park to the east.
c. Adjacent Land Use and Zoning:
1. North: Single-family residential, zoned RUT in Ada County & future multi-family residential
(under construction), zoned R-40
2. East: Kleiner park, zoned C-G & vacant commercial property, zoned C-G
3. South: Commercial uses, zoned C-G
4. West: Vacant commercial property, zoned C-G
d. History of Previous Actions: NA
Meridian Town Center VAR-12-002 PAGE 2
EXHIBIT A
VII. UNIFIED DEVELOPMENT CODE
The following Unified Development Code (UDC) section is pertinent to this application:
UDC 11-3D-8F.4 - "Free-standing signs are allowed. In addition to the standards set forth in
subsection A14 of this section, all free-standing signs shall meet the following standards:
a. The maximum background area of any free-standing sign shall not exceed eighty (80) square
feet.
b. The maximum height of any free-standing sign shall not exceed twenty feet (20').
c. A maximum of one free-standing sign is allowed per one hundred fifty feet (150') of linear
street frontage. Properties with less than one hundred fifty feet (150') of linear street
frontage shall be allowed a maximum of one such sign per property.
d. Properties exceeding seven hundred fifty feet (750') of linear street frontage may be allowed
an additional sign height and background area allowance. Such signs shall not exceed thirty
five feet (35') in overall height and two hundred (200) square feet of background area. Only
one such sign shall be allowed per seven hundred fifty feet (750') of linear street frontage.
e. Changeable copy signs proposed as free-standing sigs are allowed. In addition to the
standards set forth in subsection A12 of this section, all changeable copy free-
standing signs shall meet the following standards:
(1) Any changeable copy free-standing sign visible from a public street shall be
programmed as follows: All displays, including, but not limited to, graphics,
letters, numbers, color and/or brightness shall remain unchanged for a minimum
of eight (8) seconds, except that any text messages that are longer than the
display area and do not contain any graphics may scroll in a consistent and
predictable manner.
(2) Only one changeable sign proposed as afree-standing sign shall be allowed per
property, except properties abutting two (2) arterial streets may be allowed one
changeable copy free-standing sign along each arterial street."
VIII. ANALYSIS
a. Analysis Leading to Staff Recommendation
The applicant requests a variance to UDC 11-3D-8F.4d to exceed the maximum background
area allowed of 200 square feet (s.f.) for free-standing signs on properties that exceed 750 feet of
linear street frontage. The applicant proposes a maximum background area of 355 square feet for
5 signs within the site along N. Eagle Road and E. Fairview Avenue.
Staff has done a complete analysis of the signage (# of allowed signs & background area vs. # of
proposed signs & background area) for the overall site based on the street frontages shown on
each lot on the approved final plat (see calculations table below).
Based on these calculations, the property as a whole is allowed a total of (28) 20-foot tall signs
with a maximum background area of 80 s.f.; and a total of (5) 35-foot tall signs with a maximum
background area of 200 s.f. for a collective maximum background area of 3,240 s.f.
Instead of utilizing the maximum number of smaller signs allowed on the site, the applicant
proposes to decrease the number from 28 to 11 for a reduction in the overall allowed background
area of 1,360 s.f. The applicant proposes to utilize the 5 larger signs but requests an increase in
Meridian Town Center VAR-12-002 PAGE 3
EXHIBIT A
the allowed background area from 200 s.f. to 355 s.f. for an overall increase of 775 s.f. on the
larger signs. The applicant is not proposing an increase in the height limit of any signs on the
site.
The total background area proposed by the applicant for signage on the site is reduced from
3,240 s.f. to 2,655 s.f. (585 s.f.); and the total number of signs is proposed to be reduced from 33
to 16.
The applicant's justification for the request is that by eliminating 17 of the smaller signs and
applying a portion of the square footage allowed for those signs toward the 5 larger signs, it will
not take away from the ambiance of the development by having too many signs. Additionally,
the applicant feels fewer signs will be safer for the motoring public as fewer signs will be easier
to read and cause of less of a distraction.
Lot & Block Allowed #
of small
signsl Proposed
# of small
signsl Allowed #
of large
signsl Proposed #
of large
signsl Allowed
background area
(s.f.) Total Proposed
background area
(s.f.)
Lot 1, Blk 1 2 1 0 0 160 80
Lot 2, Blk 1 0 0 1 1 200 355
Lot 3, Blk 1 NA3 NA3 NA3 NA3 NA3 NA3
Lot 4, Blk 1 3 0 1 1 440 355
Lot 5, Blk 1 2 1 0 0 160 80
Lot 1, Blk 2 2 1 0 0 160 80
Lot 2, Blk 2 0 0 2 2 400 355+355=710
Lot 3, Blk 2 3 1 0 0 240 80
Lot 4, Blk 2 1 1 0 0 80 80
Lot 5, Blk 2 7 1 1 1 760 80+355=435
Lot 6, Blk 2 1 1 0 0 80 80
Lot 7, Blk 2 1 1 0 0 80 80
Lot 8, Blk 2 2 1 0 0 160 80
Lot 9, Blk 2 1 1 0 0 80 80
Lot 10, Blk 2 3 1 0 0 240 80
Total 28 11 5 5 3240 2655
Notes:
'Small (20' tall w/80 s.f. background area)
ZLarge (35' tall w/200 s.f. background area)
3Lot 3, elk 1 is a future multi family residential lot -see UDC 11-3D-SC, Subdivision Identification Signs for requirements.
In order to grant a variance, the Council needs to make the following findings:
1. The variance shall not grant a right or special privilege that is not otherwise allowed in the
district;
2. The variance relieves an undue hardship because of characteristics of the site;
3. The variance shall not be detrimental to the public health, safety, and welfare.
Meridian Town Center VAR-12-002 PAGE 4
EXHIBIT A
While staff is of the opinion the proposed variance will not grant a right or special privilege to
the applicant, nor will be it be detrimental to the public health, safety, and welfare, staff does not
find there is an undue hardship because of characteristics of the site. Because the UDC requires
all three findings to be met in order to approve a variance, staff recommends denial of the
proposed variance.
Note: The applicant has stated they would also like to install some subdivision identification
signs at the entrances to the development. These signs fall under subdivision identification signs
(UDC I1-3D-SC) and are not included in the number offree-standing signs allowed for the site.
IX. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site Plan Showing Proposed Locations of Free-Standing Signs
3. Proposed Signs
B. Required Findings from the Unified Development Code
Meridian Town Center VAR-12-002 PAGE 5
EXHIBIT A
A. Drawings
L Vicinity Map
Exhibit A -I-
EXHIBIT A
2. Site Plan Showing Proposed Locations of Free-Standing Signs
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EXHIBIT A
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EXHIBIT A
B: Required Findings from the Unified Development Code (Variance)
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the
findings listed in Section 11-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:
The City Council finds that granting a variance would not allow a right or special privilege
that is not otherwise allowed in the district because the overall number of signs for the site
and the background area of the signs are proposed to be reduced significantly over what is
allowed by the UDC.
B. The variance relieves an undue hardship because of characteristics of the site;
The City Council finds that granting a variance does relieve an undue hardship because of
the site's location on the corner of State Highway 55/Eagle Road and Fairview Avenue, the
busiest intersection in Ada County. The City Council finds that reducing the total number
or signs on the site and increasing the background area on the larger signs as proposed will
help to enhance safety by creating less of distraction to the motoring public as well as
make the signs more visible at the high rate of speed allowed on the highway.
C. The variance shall not be detrimental to the public health, safety, and welfare.
The City Council does not find that granting the proposed variance would be detrimental
to the public health, safety, and/or welfare and actually is of the opinion that public safety
and welfare would be increased by reducing the number of signs on the site. See Section
VIII Analysis for more information.
Exhibit B -1-