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Oakbrook Plaza CUP 00-034~ ~ CITY CLERK FILE CHECKLIST Project Name: Oakbrook Plaza (sign) File No. Contact Name: Dan Conlin /Idaho Electric Signs Phone: CUP 00-034 338-9401 / 440-7798 Date Received from Planning and Zoning Department: Planning and Zoning Level: Hearing Date: ^ Transmittals to agencies and others: ^ Notice to newspaper with publish dates: ^ Certifieds to property owners: _ ^ Planning and Zoning Commission Recommendation: Notes: ^ Approve ^ Deny City Council level: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: City Council Action: and Hearing Date: July 5, 2000 n/a n/a and n/a n/a Approve Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: ^ Approved by Council: ^ Copies Disbursed: ^ Findings Recorded Development Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Ordinance No. Resolution No. ^ Approved by Council: ^ Recorded: Deadline: 10 days ^ Published in newspaper: ^ Copies Disbursed: Notes: No 2nd ublic hearin for CUP in Commercial Zone ^ Deny Resolutions: Original Res! Copy Cert: Minutebook Copy Res 1 Copy Cert: City Clerk City Engineer City Planner City Attomey Sterling Codifiers Project File Copy Res /Original Cert: Ada County (CPAs) Applicant (non-CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. Sterling Codrfiers City Attomey City Engineer City Planner Project file Applicant (if appl.) Findings /Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attomey "Record Vacation Findings " Recorded Development Agreements: Original:Fireproof File Copies to:Applicant Project file City Engineer City Planner City Attomey 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 Planning and Zoning Commission of the City of Meridian wi11 hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on June 13, 2000 for the purpose of reviewing and considering the application of Dan Conlin, Idaho Electric Signs, for an amendment of a conditional use permit for proposed larger sign and additional pylon sign to site at Oakbrook Plaza 2100-2180 Fairview Avenue. A more particular 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 19th day of May, 2000. ~~~~~~ti~,~saars~~rrr~~~f~ *,~ ~ OF sr`~®i'~~, at % ~A/ ~_ ILLIAM G. BERG, JR., CI Y CLERK --~ ~, ~ _ ~_~.~ - ~~~ ~~ ~ ~ !W PUBLISH May 26 and Juyr're,,~, K`! ~~~~``~\~ a ~ ` ~ 0~ Ft~l~ltt.Sii ~i't~~t~,, RT ,-- RT `,.~ R~ D111VE R~4 a __~ RT RT ~, ;-~ ~T RT R1 ' ~: ~ .,z I' ~ ,~ ~~ ~j ' ~~' ~~~ RT .. '"I RT ' ' ' I! I ~;, . N ~~~ ~~~ `°'R~e RT RT i M C-. ~-,,~~ RT ' RT R1 RT I1 R1 'i~i RT ~ ~~ ~~ RT MAYOR HUB OF TREASURE VALLEY 4. Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bit-d MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (2~8) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 388-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: __ June 2. 2000 TRANSMITTAL DATE: May 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: CUP-00-034 REQUEST: To amend existing conditional use to include larger Sian criteria and add additional pylon sign to site zoned C-G BY: Dan Conlin -Idaho Electric Sians LOCATION OF PROPERTY OR PROJECT: Oakbrook Plaza - 2100-2180 Fairview (Norco Industries and assortment of retail tenants) - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE 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 COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: Sent By: City of Meridian; 2088886854; Apr-25-00 1:08PM; Page 4 CITY of MERIDIAN MAY 0 9 2000 APPI:ICATION FOR A CONDITIONAL, USE PERMIT P IT'S t~~,. , ~, E~ ~ ` ~~ ~~ ~,, ~ Cu P-oo - o3y NAME: ~-~"-~ L.O-JL ~ ~ PHONE: 3~g-~~~ 1 ADDRESS:_ ~ S"Z ~ .S~Av" % ~`¢`~ 33fs l `f O/ T GENERAL LOCATION: ~ /~ - ~ / ~'~ ~i9--ice d t ~-~cJ ~-vc DESCRIPTION OF PROPQSAT CONDITIONAL USE: ~~~~ ~~sTi^-' ~~`z GGNZ> ~T/ON~I-t- G[~ E rD /.~000C~C ~A~i2~~~ 5i~ r..! J ~~ G~~ / 7~7~ /.~{- ~ ~'aa ~F ~i ~ '~'~(L05L S t 0;~1. T~, ~ ~ ~ ~ ZONING CLASSIFICATION: ~ - ~ I certify that the information cornained herein is tnie and correct.. Signatiu~e of Applicant Social Security Number 4 ~~ - `~ y - ~ ( / LEGAL NOTICE OF PUBLIC HEARING Pursuairt to established, procedure, NOTICE IS HEREBY GIVL'N that the Meridian Planning and ~~ I=otlt~oA vvi~ hr~ld s Public Hearing m the I1~eridian City Hall on ~ .._ _ m- The purpose of the H~cBoig is io consider a CONDITIONAL USE PERMIT sezbmRtoa by ~~} ~ C6 N L ~ N ~r ~ P~P~Y 8' deacr~od as located ar ~~~~~ ~ ~ ~ ~v h*-revs ~-~u ~.ur,; SUBDIVISION, BLOC.'K ,LOT TO r'~ n~~a0 J ~~(iZGtl''<G r~nr~nr~ 6528 SUPPLY WAY • BOISE, IDAHO 83716 (208) 338-9401 FAX (208) 338-9409 Opvo City of Meridian C.U.P. 99.036 This cover letter and application are submitted in hopes of re-addressing the sign criteria in reference to the Oakbrook Plaza located at 2100-2180 Fairview Ave. The property in question is at this time in the beginning phase of construction to erect two retail buildings. One being exclusively for Norco Industries, and the second for an assortment of retail tenants. There will also be a third building for a future restaurant pad. The square footage will be 21,2000+/-, 24,540+/-, and 5,400+/- respectively. The criteria we are attempting to amend is specific to the retail plaza and Norco Industries building. These two buildings comprise approx. 45,750 square feet of a development that has almost 7001inear feet of frontage on Fairview Ave. At this time, there are no firm numbers on how many tenants will be in the main retail center but there could be as many as 15. Of these tenants, there will be a large anchor restaurant, and of course, Norco Industries, both located at the back end of the development, approx. 250' off of Fairview Ave. Being set back as they are, both will want appropriate signage on Fairview Ave. to help start and sustain a healthy business. Leaving the remainder of the square footage for the remaining tenants. The 25' x 15' design submitted was drawn with the building architecture, colors, and appearance in mind. The logo for the Plaza takes up the top third, which is significant to expedite traffic and designate a professional and well thought-out plaza. The main cabinet dedicated to the tenants, will include two larger sections (Norco and the anchor restaurant) and the remaining tenants. A smaller monument sign set on the East End of the development will address the stand- alone restaurant pad. The future restaurant has been purposely set back a bit, with it's own entry and parking. The monument was designed with the same principles as the larger pylon, and will benefit the visual appearance of the whole plaza, as well as expedite traffic. Appropriate signage for a development of this scale is key to the success of the future business. It will also assist Mr. Kissler, as the owner, to keep the building full of valuable, successful businesses. Thank you, ~__.._ ___~__._ -c%_ an Conlin Idaho Electric Signs ~-. ,^ u,~s,SCEtatty oxvm'xvim: anaraxiva •a osiz ~ _ ~ rr v. ^~ v v ~xoam~mva.naK ~ a tf z -~- _ lil -- ---~- - lil O I a i ,, ` ~~ -p ---- -~,--- ---- ri A C~ ~ k i /- l / ~ ' UI i H ~ ~ ~ ~~Q~~ - it ' w w ~rn~ n -~ I / .~ ~ ~ I I I I aIN ;~ y 1 I I I °zN If G li OI ~ i ~ ~ I I ~ i~ ~ ~ Q li ~ I ~I I!~ I ~ ^ III I ~ Iw ~ t Y ~ ~ ! I!a ~ ~-- -- - 1 i I j • ~ --~ Q~ I -------~ I rf I i i I I it i I I li ~ I it i r~Q~ r ~ ~~ ,' I• N - - - - - - ~ ~ I s II ---------~~-~--•-----•-----•---•------ -- ---- II • I' -- -- f ~~ - -- -- -- --, i I #~ b .a-I I O~ U -0 x~ L v~ ¢1 a i ~ ~ o e $ ~ s~ ~~} ~ ~ ~ ~ d ~ 4 ~ ~ ~ ~ ~ ~ ~ ~ S Y gq < Q ti ~ ~ 4 ~ !gJ ~ 2 1~u ~ ~ ~~ x A ~ ~ ~ ~ ww~ yps ~ ~ ~ ~ i ~ ~ d ~ 3 ~ N ~ ~ IY ~ 0 6 ~ 4 ~ E ~ f~ ~ ~ S ~ ~ ~ ~ ~r~l ~ ~ ~ 6 a ~~~ I~~ ~ ~_~~ W ~~ ~~~ ~~~~ ~ ~a~~~~ ~~ AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) I, Jim Kissler 1125 West Amity Road (name) (address) being first duly sworn upon Boise Idaho 83705 oath, depose and say: (city) (state) That I am the record owner of the Property described on the attached, and I grant my permission to -Idaho Electric Si~ns~ , 6528 Supplv Way Boise, Idaho 83716 (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. _ Dated this ~~~ day of ~~~ , 20 Z~ ~~~~ ./~ (Signature) SUBSCRIBED AND SWORN to before me the day and year above written. ~ ~. _ ~ : - . -- _ _ Notary Public for Idaho \ ~~~" - _ Residing at -,: °_ .`~ _ - --- My Commission Expires: ~ G 'C~ ? -~ - - - - ,; -f- ___ ~. ~i~ <' 6528 SUPPLY WAY • BOISE, IDAHO 83716 o~~~ )338-9401 FAX (208) 338-J409 I, Dan Conlin, agree to post the property located at 2100-2180 Fairview Idaho 7 days prior to the hearing. .. _ .~ ~--~ ~"~. - ; `~ S ~ CsC~ Signed Date Ave., Meridian /~ ~' A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, AAKGE i EJ1ST, 80ISE ~IEAIDIAN, ADA COUNTY, IDAHO BEING ~AORE PARTICULARLY DESCRIBED AS FOLLOYYS: COMMENCING AT THE SECTION CORNEA COMBAON TO SECTIONS 5, 6, 7 AND 8 OF SAID TOWNSHIP ANQ RANGE, WHICH IS MARKED BY A BRASS CAP MONUMENT, THENCE SOUTH 89 DEGREES 59' 18' EAST A DISTANCE 1336.31 FEET ALONG THE SECTION (.INE COMMON TO SAID SECTIONS 5 AKD 8, TO A POINT 6EING 10.00 FEET EAST OF THE SOUTHWEST CORNER OF THE SO{fhiEAST 4UARTER (1F T1iE SOUTHWEST QUARTER OF SAID SECTION 5, THENCE . NORTH 00 DEGREE 28' 58' EAST A DISTANCE OF 68.21 FEET AND PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 5, THENCE 50UTH 83 pEGREES 32' 56' EAST A QISTANCE OF 230.00 FEET AND PARALLEL WITH THE CENTERLINE OF FAIAVIfW AVENUE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING 57.00 FEET DISTANT FROM (WHEN MEASURED AT RICHT'AHGIES TO} THE CENTER LINE OF FAIRVIE111 AVENUE, THENCE NORTH 00 DEGREE 26' 58' EAST A DISTANCE OF 619.58 FEET ANO PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO A POINT, THENCE SOUTH 59 pEGAEES 53' 42' EAST A DISTANCE OF 582.68 FEET TO A FOUND 5/8 INCH IRON PIN, THENCE SOUTH 00 DEGREE 23' 98' WEST A DISTANCE OF 331.27 FEET TO A POINT BEIN4 57.00 FEET DISTANT FROM (WHE~i MEASURED AT RIGHT ANGLES TO) THE CENTER LINE OF FAIAVIEW AVENUE, THENCE NORTH 89 DEGREES 32' 56' WEST A DISTANCE OF 506.68 FEET ANO PARALLEL WITH THE CENTER LINE OF FAIRVIEW AVENUE, TD THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO ADA COUNTY HIGHWAY DISTRICT BY DEER RECORDED UNDER INSTRUMENT H0, 94068952 END OF LEGJ14. ~JESCAIPTIUK TQTRL P.05 P-152971 JB/HH ~_ ~ d~ PIONEER TITLE COMPANY OF ADA COUNTY 821 West State Street /Boise, Idaho 83702 (208) 336-6700 888 North Cole Road /Boise, Idaho 83704 (208) 377-2700 Reviewed and approved by:i ~/nj./~, SPACE AHOVE FOR RF,CORDING DA?A `:^~~'~ >~ru ?eir ~0.~,at ~ ~ ?~>~>~,~-~ ~?~ 7Ar.7,~.1 ~ ~ ?Plt ~C-4 ?~1~-~,>~ ~,1G ,7(i~ 7,2T~..1i~-t ~?.i1~,1(:-~ 1U~ llll >~ ~G?tl~ .1Gt lti~ ~,i,; ~Gt.,1l-~~t: ?4:,4 ~(~: WARRANTY DEED ~~ (INDIVIDUAL) i.~ ^ ' ~ : ^ FOR VALUE RECEIVED TIMBRE 0. WULFE, an unmarr.'_ed man, as to an , undivided one third S~ interest and GRAYE H. WOLFE, SR., a married man dealing with hi s sole and seperate ~~~ ^ property, as to an undivided two thirds interest, {their entire interests in the propert~ GRANTOR(S) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto ~; JAMES A. prop ert KISSLER, a married man dealing with V his sale and seperate ~" ~~ ~ ~ y GRANTEE(S), whose current addfess rs. 1591 Sendero, Boise, Idaho 837].2 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE LEGAL DESCRIPTION, EXHIBIT "A", ATTACHED HERETO AND MADE APART HEREOF AND CONSISTING OF ONE (1) PAGE. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby ccwenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservatio estrictions, dedications, casements, rights of way and agreements, (if any) of record, and general taxes and assessments, inclu .irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will arrant and defend he same from all lawful claims whatsoever. Dated: D tuber 10, 1996 TIMBRE 0. WOLF Y H. WOI.FE, SR. STATE OF ~ IDAHO ,County of _-_=•__~--_- , ss. ~~ ~~ ~yi On this jOth day of _.---~P~EIDher__.___-_.___-__~, in the year of _199.x__ -_, before me ~= "^~ _ _Che undersigned _____~ , a Notary Public., personally appeared ___ _ __ _ ___ ____ _ ~^~ ~ TIMBRE 0. WOLFE and GRAYE H, WOLk'F~r~ifiidr~.._ - ~; r~ --_ - -- ---- --- --- -- ---- -- ^~ known or identified to me to be the person(s) instrument, and acknowledged to me that __ K~ ~~ t/~ ~~ :rC it l~ r^i 1^i i'!! r y[ r~l i`ll~l i~(i^( i7f i~ l i 1![ 1 96102'i3y ~U~ ~~~. RECORUEP, ~~ t7l'~`:1 ~ ~ IAYARRO i30;SE 1D P~UNEEA TITLE Cp, '96 DEC 13 Pfd 3 52 FEE ~_~ DCf ~-'~ RECORDED AT 7fIE REQ EST OF -• d and ^v~ ~ ~/ ~vgcaFy o n / y Resid;r ~i ~ ~ .~-~ .r~~ _.~ ~i ar. __-_.____-_ _______ subscribed to the within ~^ `~ ~' y~ c: B ISE IDAHO ----------- - _ -.- r ion x res: ~.-~~ ~~' 14~ ~.~ 1U1~ iJ~ ~l'J/ 7u~ jL~ ~~~ )~~~ t ~~ 1J~ ~J~ )_~ ~,.t ~ ~ t..~~ ~..1 i.~ ~.~~1 ' r.. rOr~ o ~ d y~ z Q >` N `~ ~ ~ ~ p c*~ ~ ~ ~ ~ C O 0 Ch ~L S~ 2 ` V ;~~ d ~~. ~ti ,. Gj !~; Z Q ~` N 0 ~ c`~ W ~ ~ s c~ ~ ~~ `~~ Q~ Li E` w ~ ~~ oo~ .~ _~ __ U r N N N ~ N 0 ~ J c S ~ o ~ ~ ~ o o W L ~ ~ ~ N _ ~ d ~ ~ U a a ~ ~ Z O ~a a w C7 0 ~ a S m U H N ~ ~ d C~ ~ ~ D O J Y) O ~ 7) V v O~Q ao ~p d a> >. ~ m '~ i ( v y ~ , A N 0 " z _ ~ ~ N ~ ~, ~ ~ m ~„ ~ ~~ ~ ~ o a Q ~o z Q N O r N ~ f0 i ~ I~ _~ ~ - i ~ o ~z N o ~ ~, ~ ~~ ~ ~o `~ z 1 i° • - ~ -- -- ~„ .n _ _ -- - --- -- - -- - --- -- - -- - -~. 4'~ `~' e 7 r) ~ o ~ J c ~ x a ~ ° ~ o w -- o t s a w O ~ U a U G Z r a y a Q ~ ~~ a -- ti .~ > o ~~ O U oq y ~ a' m d 1 ~~~ 9 co ~ A N m ~ N o _ _ M o ~Y ~p `Uy 1 Q z N ~ W N Z ~~ c~ a 3 Z u ~~ Q ~o W ~Z is CD 00 'mot =°~ U ¢ o^ Q m y U m Z 2 L N O m Q m F=Q, UJF~ N Y NWT-~ = U ~~~rn _J N U x^m O O \ O I~ \ N U1 C'") N LLI ~ Q - ~O w^w 1\ =o c' ~ M ~h Oo m \N.. ~ Q~ a ~ o ~o Q 4rn O o ~ ~ ~ Op ~ N 0 coo `. n: W "~ H OO .~ ~ ,~., w U C H O w ~ ~ ° z O Q w x H ~ ~ O a c a 1 I i LJ"1 C~ 1 J LJl rY'I . a rf1 P S r. .. ru C~ t 0 a .~ ru .a _• :.0 J J M 00 M N = O N O UQo m y Q U ~ oo~ O am Z Y m~nFaaN ~?Q~-~ U U~~rn W _ ~ ~inU U =^¢' O O O \ ~ ~--{ \ ~ Ul c'") tii M Q ~s Qi ~ a o ~ ~ Q O~ o _ ~ O pp \ ~"~ O ~ ~ m N z ~~ ~ >~ ~ 5 H ~ ~- p H a rn E-y U ~ ~ z ~ N ~ ~ H Ga O ~ ~ ~ ~ W W c°, q ~ '~ ~ ~ ~ O ^~ w v w W ~ o O x w H ~ O ~- Q } Q d d a ~' i ^ Ul N 1 1 rt1 ~~ I~ O u~ a Tom' I.J R.~ I'7'9 O a ti .-~ ~~ 71 r L J -~ Certified Mailing Ret~~s Project Name ~oY~ File No(s) ~~.~~- ,r-~ July 28, 2000 r~• VAR 00-010 MERIDIAN CITY COUNCIL MEETING .lUly 5, 2000 APPLICANT Dan Conlin, Idaho Electric Si ns ITEM NO. 6 REQUEST Amendment to CUP for a proposal of a lar er si nand additional pylon si n to the site at Oakbrook Plaza currently in a C-G zone - 2100 throw h 2180 Fairview Avenue 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Recommendations v ~~ ~ ~`" (~ ~ P ~~ ~i P~2 ~~~~' ~~~w ~N ~~~- ~ Contacted: ,!~~.~~•~ (n' ~ r ~(, r~ ~~V~ Date: ~ j v~~ Phone: ?i,'~ - ~~~` f Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE [V.IIN FISCFIER 200 EAST CARLTON AVENUE NAMPA OFFICE WM. F. GIGRAY, JII BRENT J, JOHN$GN POST OFFICE $OX 1 150 104 NINTFI AVENUE SoUTA D. SAMUEL JOHNSON MERIDIAN, IDAHO 83680-1150 POST OFFI('EBOX 247 WILLIAM A. MoRROw NAMPA, IDAHO 83653-0247 WII.LIAM F. NICHOLS TEL. (208)466-9272 CHRISTOPHER S. NYE TEt. (208) 288-2499 FAX (208) 466~L05 PHII,m A. PsrmsoN FAX (208) 288-2501 STEPHEN L. PRUSS PLEASE REPLY TO ERIC S. RossmwN ~~~ ~~~ TODD A. ROSSMAN DAVID M. SWARTLEY TIItRFrrcER WHITE June 26, 2000 ~ ~ "`~ `` ~~~ To: Staff .SUN 2' 9 2000 Applicant Affected Property Owner(s) CITY OF MERIDIAN CITY rl__1=1~K ri~~~r~= Re: Application Case No. CUP-00-034 Hearing Date: Tuly 5, 2000 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the pity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is im ortant to have a consistent format by which matters are presented at the public hearings be~ore the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plaruurlg and Zoning Commission; and That you carefully complete (be sure it is legg~~'ble) the Position Statement if you disagree with the Findings and~Zecommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be ppresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a g~rroup, it is strongl recommended that one Position Statement be filled out for the group, wFiich can be signed by the representative for the group. Ve truly you s, ~/ City Attorney's Offi ly/ r BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP-00-034 REQUEST FOR CONDITIONAL ) USE PERMIT MODIFICATION ) RECOMMENDATION TO CITY TO INCLUDE LARGER SIGN ) COUNCIL CRITERIA AND ADDITION OF ) A 25 FOOT PYLON SIGN FOR ) OAKBROOK PLAZA ~ IDAHO ELECTRIC SIGNS ) Applicant 1. The property is located at 2100-2180 E. Fairview Avenue, Meridian, Idaho. 2. The owner of record of the subject property is Jim I~issler of Boise. 3. Applicant is Dan Conlin, Idaho Electric Signs. 4. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit modification to include larger sign criteria and addition of a 25-foot pylon sign for Oalcbroolc Plaza. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT MODIFICATION TO INCLUDE LARGER SIGN CRITERIA AND ADDITION OF A 25 FOOT PYLON SIGN -IDAHO ELECTRIC SIGNS /'v including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for a second sign on the site, as requested by the applicant of a 25-foot high sign. ey/Z:\Work\M\Meridian 15360M\Recommendations\CUP340akbrooksign.wpd RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT MODIFICATION TO INCLUDE LARGER SIGN CRITERIA AND ADDITION OF A 25 FOOT PYLON SIGN -IDAHO ELECTRIC SIGNS ''1 June 9, 2000 MERIDIAN PLANNING & ZONING MEETING: June 13. 2000 APPLICANT: DAN CONLIN-IDAHO ELECTRIC SIGNS ITEM NUMBER: 8 REQUEST: AMENDMENT OF A CUP FOR PROPOSED LARGER SIGN CRITERIA AND ADDITIONAL PYLON SIGN - OAKBROOK PLAZA AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: COMMENTS COMING MERIDIAN SCHOOL DISTRICT: SEE COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: j ~., CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: C ~` G roc OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: i`~ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 To: From: Re: Planning & Zoning Commission, Mayor and City Council Brad Hawkins-Clark, Planner'i~ LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 `v~CEI~~ J l; ~ ~ ~ 200Q - ~ f~i ~`i~es~iriiax~ ?~,rlZ ; ~' `" ':If`fice Request for Modification to Existing Conditional Use Permit to In~ude~~ ~ B Criteria and Add a 25-foot Pylon Sign for Oakbrook Plaza -- by Idaho Ele trgc Ssgns (Dan Conlin) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY /BACKGROUND This application requests a modification of Oakbrook Plaza/Norco's existing Conditional Use Permit for their 5.5 acre site at 2100-2180 E. Fairview Avenue. In their original CUP application, the Applicant requested the same signage (one 25-foot pole sign and one 6-foot monument sign) and same locations on the site as presented in the subject application. However, at the October 12, 1999 public hearing, the P&Z Commission limited the project signage to a single, maximum 72-sq, ft. sign (at the recommendation of Shari Stiles during her verbal Staff report). The P&Z motion modified the October 7th Staff report which recommended approval of both signs as proposed. The City Council approved the P&Z Commission Findings and Recommendation, including the restriction to only one, 72- sq. ft. sign. CUP applications in commercial zones do not have public hearings before the City Council, so the Applicant was not able to address this sign restriction with the Council directly. Therefore, in order to modify the approved CUP, they are required to submit a new application. GENERAL COMMENTS 1. The City has consistently applied the 72-sq. ft. maximum sign size for the Fairview Avenue / Cherry Lane entryway corridor since the Fall of 1997 when the City Council requested this standard be applied. Since it is not an Ordinance, the only avenue for the City to enforce the 72 s.f. sign size is through CUP applications. Since that time, new uses along this corridor requiring a CUP have had the 72-sq, ft. maximum sign size condition placed on the site during the application process. Examples in close proximity to the Oakbrook Plaza site include Elm Tree Plaza, Subway, Schucks Automotive, EconoLube and Walgreen's. Notable sites in the area that either did not require a CUP or which were constructed prior to the Fall '97 date and that have larger free-standing signs include Fred Meyer, D&B Supply, Westside Church, and Chevron. CUP-00-034 Norco Sign Amendment.CUP.doc ^, ,,~ P&Z Commission/Mayor & Council June 8, 2000 Page 2 2. Staff certainly agrees with the Applicant that appropriate signage is a vital part of sustaining a healthy business. The Comprehensive Plan instructs the City to encourage commerce. However, in the absence of a detailed sign ordinance, the difficulty comes in seeking to address signage on a site-by-site basis. What size and quantity of signage is "appropriate" or reasonable for each site and/or business? It is an issue of both community aesthetics (see Comprehensive Plan policies below) and economics. Until such time as the City adopts a more comprehensive sign code, Staff feel these site-by-site decisions lie largely with the Commission and Council. At build-out of the Plaza, the Site Plan shows an estimated eight (8) business tenants in the retail building plus the Norco building and the restaurant pad, for a total of ten (10) businesses on the site. The large center sign proposed in the application contains 144 sq. ft. of sign background area (12' x 12', not including the logo area). This would provide an average of 14.4 s.f. of sign area per business on the site (i.e. a 2' x 7' panel). If the second monument sign is added, this ratio would, of course, increase. By comparison, the Elm Tree Plaza sign for amulti-tenant site with ten (10) businesses has a total sign background area of approximately 42 s.f. resulting in 4.2 s.f. of sign area per business (a 1' x 4' panel per business). As a ratio of total site area, the Oakbrook Plaza site is 5.5 acres versus the Elm Tree Plaza area of approximately 2.2 acres. The Oakbrook also has more than twice the amount of frontage on Fairview. The building floor area sizes are also larger in Oakbrook Plaza. Both sites are zoned C-G. While it's difficult to make a direct comparison of these two sites, Staff feels there is grounds for allowing greater sign area on the Oakbrook Plaza site. 3. Since there is a separate access drive to serve the restaurant pad and this building is both a different use and tenant separate from the main retail building, the proposed monument sign at this east end of the site seems appropriate to serve this building. As shown on the rendering, the design of this sign should compliment any other signage on the site and should only allow a single tenant panel. 4. It should be noted that the "Denny's" logo on the monument sign rendering is for mock-up purposes only and is not necessarily the actual tenant. 5. (Correction to note:) The Applicant's application cover letter states the site has "almost 700 lineal feet of frontage." In fact, the site has 5071ineal feet of frontage. 6. If approved, the signs must be outside of the 10' x 20' clear vision triangle at both access drives. The Site Plan submitted with the application meets this condition. Any changes to the sign locations shown on the Site Plan require P&Z Department approval. CUP-00-034 Norco Sign Amendment.CUP.doc rr, ~ P&Z Commission/Mayor & Council June 8, 2000 Page 3 7. If approved, the signs must be placed within a landscaped bed area that includes shrubs, groundcover, lawn or a combination thereof. 8. If approved, both signs must be submitted for sign permits through the P&Z and Building Departments. MERIDIAN COMPREHENSIVE PLAN POLICIES Land Use Goal Statement -Page 23 1. l0U Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 2.3U Protect and maintain residential neighborhood properly values, improve each neighborhood's physical condition and enhance its quality of life for residents. Community Identification Goal Statement -Page 71 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement -Page 72 2.2U Encourage area beautification through uniform sign design that enhances the community. Quality of Environment Goal Statement -Page 73 S.lU Preserve the aesthetic natural resources of the Meridian area. RECOMMENDATION Staff supports the addition of a second sign on the site. However, we do not support the proposed 25-foot height and recommend a 20-foot maximum. CUP-00-034 Norco Sign Amendment.CUP.doc iJ.i ~/ ~~ l 72a~rr~a & ~tenidiasi ~Innigatco~ Diafiuct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: CUP-00-034 To amend existing conditional use permit to include larger sign criteria and add additional pylon sign to site zoned C-G for Dan Conlin -Idaho Electric Signs Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 May 23, 2000 06/06/2000 08:42 2088885052 -'"! ivIAYOR l^''ober[ D. CU~'rie CITI' COUNCIL ivlEtvIBERS Ron Anderson Keith Bird Tammy de~vee~°d Cherie ~1cCandless 33 CAST IDAHO MERIDIAN, IDAHO 836'12 (305) 555-4433 • Fax (^_OS) SS7•~1513 City Clcrk OIl'ice Fax 1305) S38•a: t3 PAGE 05 LEGAL DEI'ARTiv1ENT Pl~l3l,IC w(1rzi:s I31i1L171(rC 17f:1'ART~IENT ,zoS)ao?•azll• Fin ss7.1277 PL~~NNING AND ZONING oer',~ Rr~~~ Evr (205) 551.55? ± • Fix S8~•6ti51 TRANSMITTAL TO AGENCIES FOIL COMMENTS ON DEVELOPMENT PROJECTS WITH THE CXTY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2, 2000 TRANSMITTAL DATE: May 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: CUP-00-034 REQUEST: To amend existing conditional use to include larger sign criteria and add additional pylon sign to site zoned C-G BY: Dan Conlin -Idaho Electric Signs LOCATION OF PROPERTY OR PROJECT: Oakbrook Plaza - 2100-2180 Fairview (Norco Industries and assortment of retail tenants) - SALLY NORTON KENT BROWN, P!Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE 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 COMMUNITY 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 & FINAL PLAT) BUREAU OF RECLAM~Ft(PRELIM & FINAL) YOUR CONCISE ~CE~D JUN - 6 2000 CITY OF I~~I~?I~~ SANITARY SERVICE HUB OF TREASURE VALLEY A Goud Place w Live CITY 4~' MERIDIA.N ~ ..... JUN 06 '00 08.49 2088885052 PAGE.05 z8.3Jdd MAYOR Robert D. Currie bbL0b8880z CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy dcweerd Chtric McCandless NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 PAST IDAHO MERIDIAN, XDAHO 53642 (208) SS3-a.133 • Fax (208) 3S"7-a813 City Clerk Officc Fax (20&) S88-218 ~b : s i 0e . zz ~,dw LEGAL DEPARTMENT (203) 3~5-2499 • Fax ?38-~SO! P(iRLIC WORKS 2UILDING OEYARTMENT (20J; 537-2211 • Fax 357-1297 PLANNING AND ZONING DEPARTMENT (20S) SS4-5533 • Fnx SSR-6554 TRANSMITTAL TO AGENCIES FOR COM1vIENTS ON DEVELOPMENT PROJECTS WITH THE CYTY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8 Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2, 2000 TRANSMITTAL DATE: May 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: CUP-00-034 REQUEST: Yo amend existing conditional use to include larger sign criteria and add additional pylon sign to site Zoned C-G BY: Dan Conlin -Idaho Electric Signs LOCATION OF PROPERTY OR PROJECT: Oakbrook Plaza -• 2100-2180 Fairview (Norco Industries and assortment of retail tenants) - SALLY NORTON MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT RICHARD HATCHER, P/Z COMMUNITY PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRiE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHERIE McCANDLESS, C/C IDAHO POWER C0.(PRELlM & FINAL PLAT) KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) TAMMY de WEERD, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT SEWER DEPARTMENT BUREAU OF RECLAMATION(PREL{M 8~ FINAL) SANITARY SERVICE BUILDING DEPARTMENT /~ FIRE DEPARTMENT YOUR CONCISE REMARKS,~~:~ 1 POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MAY 2 3 2000 CITE' OF l~IDIAN ~0/ZBd •bbL0b8g80Z=Qi 2i3_Lb'M3_LSb~M Nb'IQI2i3W ii~:bT AA-ZZ-SO ti ~ HUB OF TREASURE VALLEY '~' • MAYOR A Good Place to Live LEGAL DEPARTMENT Bober[ D. Corrie (208) 288-2499 • Fax 284-2501 CITY OF MERIDIAN LIC WORKS ~1TY ~OUN~,L MEMBERS PUB Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Pax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (203) 333-4-133 • Fax (208) 337-4813 PLANNING AND ZONING C(ierie McCandless City Clerk Office Fax (203) 333-4213 DEPARTMENT ~ (_08) 884-5533 • Fas 888-6854 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 Planning Sz Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2, 2000 TRANSMITTAL DATE: May 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: CUP-00-034 REQUEST: To amend existing conditional use to include larger sign criteria and add additional pylon sign to site zoned C-G BY: Dan Conlin -Idaho Electric Signs LOCATION OF PROPERTY OR PROJECT: Oakbrook Plaza - 2100-2180 Fairview (Norco Industries and assortment of retail tenants) -SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE 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 COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) R,~C~~D MAY 1 8 2000 CITY OF IYIE~,IDIAN OAKBROOK PLAZA PROPERTY OWNERS WITHIN 300' AVEST LIMITED PARTNERSHIP SCHIEDEL TERESA F AND PO BOX 140075 GEORGE JOHN WAYNE BOISE ID 83714 2252 E GRAPEWOOD DR 1776 N AVEST LN MERIDIAN ID 83642-7332 1722 N AVEST LN GILLUM DERICK R & DOVE MEADOWS HOMEOWNERS ASSOC GILLUM AMY M 9550 BETHEL CT 2347 E APRICOT DR BOISE ID 83709-0000 MERIDIAN ID 83642-7329 N DIXIE AVE MCCRYSTAL BARBARA A AND LYASHCHUK FEDOR & DAVIS TAD G LYASHCHUK YEVGENII'A 2093 E GRAPEWOOD DR 2175 E APRICOT DR MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 SIMS MARVIN S JR & PORTER JAMES V & SIMS SARAH M PORTER MARCIA J 2363 E APRICOT DR 2201 E APRICOT DR MERIDIAN ID 83642-7329 MERIDIAN ID 83642-0000 SMITH JEANETTE M PRIOR DONALD P 13376 W HAZELNUT ST 1911 N DIXIE AVE BOISE ID 83713-0868 MERIDIAN ID 83642-0000 2135 E GRAPEWOOD DR CARLEY JAMES F & HARR KAREN LYNN CARLEY PAM S 2387 E APRICOT DR 1898 N DIXIE AVE MERIDIAN ID 83642-7329 MERIDIAN ID 83642-0000 BOBKO RAYMOND L BOUNYAVONG PHONETHIP 5254 RHONDA DR 1883 N GINKGO AVE SAN JOSE CA 95129-4260 MERIDIAN ID 83642-7328 2288 E GRAPEWOOD DR DECKER BRIAN M & WESTSIDE BIBLE CHAPEL CAMPBELL DANNA L PO BOX 903 2162 E GRAPEWOOD DR MERIDIAN ID 83680-0903 MERIDIAN ID 83642-0000 2040 E FAIRVIEW AVE JOHNSON JEFFREY B & STOHL NATHAN B JOHNSON BRANDI D STOHL KRISTA 2200 E GRAPEWOOD DR 2171 E GRAPEWOOD DR MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 FINGER EDWARD P III & SWIGER FRANK R & FINGER BERYL KAY SWIGER LUCILLE M 2321 E APRICOT DR 2318 E GRAPEWOOD DR MERIDIAN ID 83642-7329 MERIDIAN ID 83642-7333 DAHLGREN SHIRLEY J 2217 E GRAPEWOOD DR MERIDIAN ID 83642-0000 ~C~ ~ ''~ MERTINS TOM W JR LINDQUIST MICHAEL J & 2336 E GRAPEWOOD DR LINDQUIST MARY L MERIDIAN ID 83642-7333 2351 E GRAPEWOOD DR MERIDIAN ID 83642-7335 SMITH NICKOLAS G 2255 E GRAPEWOOD DR BYINGTON JAY D MERIDIAN ID 83642-0000 BYINGTON SHAWNA 2379 E GRAPEWOOD DR GARCIA ROBERTO S MERIDIAN ID 83642-7333 2364 E GRAPEWOOD DR MERIDIAN ID 83642-7333 WOLFE DAVID M 2393 E GRAPEWOOD DR MATTSON DAVID ALLAN & MERIDIAN ID 83642-0000 MATTSON DOREEN A 2382 E GRAPEWOOD DR DOTSON JANIS T MERIDIAN ID 83642-7333 2409 E GRAPEWOOD DR MERIDI ~N ID 83642-0000 SEVER DAVID P & SEVER ANNA K KUYKENDALL BILLY JOE & 2396 E GRAPEWOOD DR KUYKENDALL MARIAN M MERIDIAN ID 83642-7333 2421 E GRAPEWOOD DR MERIDIAN ID 83642-7334 WARD KAREN M 2416 E GRAPEWOOD DR CIRELLI BARBARA H MERIDIAN ID 83642-7334 2443 E GRAPEWOOD MERIDIAN ID 83642-0000 DONNELLY SCOTT C & DONNELLY MARLA J SCHMITH NANCY L 2430 E GRAPEWOOD DR 2465 E GRAPEWOOD DR MERIDIAN ID 83642-7334 MERIDIAN ID 83642-7334 AUSTIN KEVIN J & EWING JOHN R AUSTIN MICHELLE L 2230 E FAIRVIEW AVE 2273 E GRAPEWOOD DR MERIDIAN ID 83642-5704 MERIDIAN ID 83642-7332 E FAIRVIEW AVE KISSLER JAMES A EWING SARA L 1591 E SENDERO LN 1500 ELDORADO ST STE BOISE ID 83712-0000 BOISE ID 83704-8565 E FAIRVIEW AVE 2230 E FAIRVIEW AVE MCCLOUD RUTH F AV I L L C 10635 OSHETNA CIR PO BOX 44809 EAGLE RIVER AK 99577-8261 BOISE ID 83711-0809 2295 E GRAPEWOOD DR 1658 N AVEST LN FISHER JEFFREY L & B W INC FISHER PAULA M BRANDT DONALD K 2311 E GRAPEWOOD DR 250 S BEECHWOOD DR SUITE #120 MERIDIAN ID 83642-7333 BOISE ID 83709-0000 2075 E FAIRVIEW AVE MILLENSIFER WILLIAM G & 2115 E FAIRVIEW AVE MILLENSIFER ANNE 2327 E GRAPEWOOD DR MERIDIAN ID 83642-7333 LONGSON LEES & LONGSON LEEANN 3497 HOLL DR EAGLE ID 83616-2843 2145 E FAIRVIEW AVE 2295 E FAIRVIEW AVE EDWARDS ARTHUR W & EDWARDS RUE LA 2255 E FAIRVIEW AVE MERIDIAN ID 83642-5799 E FAIRVIEW AVE 2265 E FAIRVIEW AVE A & R GREEN THUMB EDWARDS ARTHUR & 2255 E FAIRVIEW AVE MERIDIAN ID 83642-5799 CB FINANCIAL DEVELOPMENT LLC 10378 FAIRVIEW AVE STE 216 BOISE ID 83704-0000 E FAIRVIEW AVE ELLIOTT INDUSTRIAL CO INC 424 PEBBLE BEACH WAY EAGLE ID 83616-5184 2065 E FAIRVIEW AVE 4 ~~J I~~>~ ~ 1 y `/`~ - ~--. ,-.. CENTRAL CENTRAL DISTRICT HEALTH DEPARTI``tENT •• DISTRICT Environmental Health Division ~1'r H EA LT H Retuo Boise DEPARTMENT ^ Eagle Rezone # ^ Garden City Meridian Conditional Use # ~ C.C. ~ ~- C~~ ~-~~ y ^ Kuna Preliminary /Final /Short Plat ^ ACZ I. We have No Objections to this Proposal. / MAY 2 4 2000 ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 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C _ 0 ¢U _ ~ 5 ^~^^ d E E LL 0~ o ~ '0 y a ~ ~ ~ O Y W Ir ~ O ~ ~ ~ j ^ ^^^ a ~ 2 d ` ~ ~ m ~ M ~ N .0 ~\~ ~1 a o m ~ ~ ~ ~ ~ ~ o ~ ~ {{ ~ \ C ~o E ~ o ~ n z v ~ / a a -- ~+ ~ ~ - ~~ z > ~~ a ~ ~ ~ ~~ r ~ ~ n ti ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c~ ~ r ~ ~ U L C j ~ ~ N __ d - Q Z O U ~ C N y~ M =~ Z ~,~~ .~ D ~ a T N M ~ ~ ~ n ~ M O _ T T T T T m m ~ J O Z J C d i C_ O L R n O C V d a m .a Q ti M E `o LL s • • BEFORE THE MERIDIAN CITY COUNCIL 07-10-00 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT MODIFICATION TO INCLUDE LARGER SIGN CRITERIA AND ADDITION OF A 25 FOOT PYLON SIGN FOR OAI~BROOI~ PLAZA ZONED C- G ZONE LOCATED AT 2100- 2180 E. FAIRVIEW AVENUE, MERIDIAN, IDAHO IDAHO ELECTRIC SIGNS, APPLICANT. Case No. CUP-00-034 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT MODIFICATION The above entitled conditional use permit application having come before the City Council on July 5, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appear-~ng and testifying was Dan Conlin of Idaho Electric Signs, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY IDAHO ELECTRIC SIGNS /CUP-00-034 n u FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 5, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 5, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-b509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a General Retail and Service Commercial (C-G) zone, by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ,MID ORDER GRANTING CONDITIONAL USE PERMIT 2 BY IDAHO ELECTRIC SIGNS /CUP-00-034 • T facilities and services required by the proposed development will not impose expense upon the public if the conditions, if any, of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Commercial". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAI~ITING CONDITIONAL USE PERMIT 4 BY IDAHO ELECTRIC SIGNS /CUP-00-034 ^ 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to deternline prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3 ) a. .Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a General Retail and Service Commercial. (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY IDAHO ELECTRIC SIGNS /CUP-00-034 _ 6 • • E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THEABOVEAND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for modification to include larger sign criteria and addition of a 25-foot pylon sign for Oakbrook Plaza, subject to conditions of use, if any, and development. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY IDAHO ELECTRIC SIGNS /CUP-00-034 _ g • • then a copy served by the Clerlc upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 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 maybe adversely affected by the issuance or denial of the conditional use permit 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 on the ~~ day of ~ , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILPERSON KEITH BIRD VOTED ~~- COUNCILMAN TAMMY deWEERD VOTED--~~~ COUNCILMAN CHERIE McCANDLESS VOTED a- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~ DATED: ~l ~OO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY IDAHO ELECTRIC SIGNS /CUP-00-034 -9 U MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department and the City Attorney. ~~,,,,,,,,,~J~ . ```~~ F ~~''~ ,y `, By: .~~z~--~ ~ ~~ Da€~ ` City Clerk = - - ~~~L - "~ msg/Z:\Work\M\Meridian 15360M\Oakbrook Plaza CU} ~ I+31$Ci ir~~3~ ~~ \\~~ -~ ~ ~ ',,., a~,~,~ • ,, .~ -~~ -ov FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY IDAHO ELECTRIC SIGNS /CUP-00-034 - 10 • • BEFORE THE MERIDIAN CITY COUNCIL 07-10-00 IN THE MATTER OF THE APPLICATION OF ) IDAHO ELECTRIC SIGNS, FORA ) CONDITIONAL USE PERMIT MODIFICATION) TO INCLUDE LARGER SIGN CRITERIA AND ) ADDITION OF A 25 FOOT PYLON SIGN FOR ) OAI~BROOI< PLAZA ZONED C-G ZONE ) LOCATED AT 2100-2180 E. FAIRVIEW ) AVENUE, MERIDIAN, IDAHO ) CASE NO. CUP-00-034 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 18``' day of July, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for modification to include larger sign criteria and addition of a 25 foot pylon sign for Oalcbroolc Plaza, the proposed application request of a conditional use permit for the construction, development, maintenance and use for modification to include larger sign criteria and addition of a 25 foot pylon sign for Oalcbroolc Plaza, as described in the SITE DEVELOPMENT PLAN, DRAWN: BRS, DATE: 1 FEB 00, JOB NO. 98146, SHEET SC-1, NEW FACILITY FOR NORCO, BRS ARCHITECTS, and in the SIGN PLAN, SKETCH #7711, DATE: 7/8/99 REVISED 4/4/00, DESIGN BY: STEVE, SALES REP: DAN, FILE: steve'sc:\jobs\norco2.plt, LOCATION: Meridian, BY: Idaho Electric Signs, NORCO, Developer, for the development of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE I OF 2 BY IDAHO ELECTRIC SIGNS / CUP-00-034 • ~ aforementioned development for a development consisting of modification to include larger sign criteria and addition of a 25 foot pylon sign for Oakbrook Plaza and which property is described in the attached E.~chibit "A" and incorporated herein as if set forth in full hereat. 2. That the above named applicant is granted a conditional use permit for modification to include larger sign criteria and addition of a 25 foot pylon sign for Oalcbroolc Plaza, located at 2100-2180 E. Fairview Avenue, Meridian, Idaho, subject to the conditions of use, if any, and development. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 8 ~~ day of ~- ~,~~v~ , 2000. I Robert D. orrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. ~,-„--~---~rrrrrjf By. ~~-~--- ~' Dated: City Clerk ~,`~-D~ msg/Z:\Work\M\Meridian 15360M\Oakbrook Plaza CUP\CUPOrder034 r` 4~~~~,,,~~ ~ '``'`f 'mow ~,~ ~ _c, T~ ~'r y~'' w y ~ ~ a'''v ~ ~t,.3T iS'~ ' ~.~ J ~ ~~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 2 BY IDAHO ELECTRIC SIGNS / CUP-00-034 A PAFCcL OF IN THE SOUTHEAST QIlART'cR OF THE t~WES T OiJAATeR OF SECTION 5, TOIP 3 NQATF{~ RAT4GE 1 ElIST, SOZSE~IDIAH, ADA CO(R1TY, IDAHO B'cING uORE PARTICULARLY DESCF[IBEF1 AS FDLLOYYS: CO1~IE~ICING AT THE SECTION CORNE'as C08~iDN TO SECTIONS 5, 8, 7 ANd 8 OF RAID TOWtISHIP AND RANGE, V1t{ICH IS AIARKE~J BY A BRASS CAP 1bONLA~E3~iT, -rlENCc SOUTH 84 DEGREES 59' 1B' EAST A DISTANCE 1336.31 rt~ii ALQNG TF{F Sci.TIOtY SINE COA4MON TO SAID SECTIONS 5 AND 8, TO A POINT BEING 10.00 F::i E45T OF TitE SOUT}-MrEST CORNER OF THE SOLFFHFAST 4tIAATER QF THE SO(lTt4yE5 QUARTER OF SAID SECTION 5, THENCE NORTH 00 OEGRE= 2B' S8' EAST A DISTAI+tCc OF fi8.21 FcET AND PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUART~A OF THE SOUT'riWES T QUAR7cR QF S.kI~J S'cCTION 5, THENCE SOUTH Sg DEur~E=S 32' So' EAST A DISTAl~CE OF 23a.OQ Fc=T AND PAAALLL WITH THE Cc3JTERLINE OF FAIRYI~Y AVENUE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING 57.00 FcET DISTANT F301~ (`MiE?1 MEASURED AT RIC~F[T .~iGL.S TO} THE CENTER LINE OF FAIRZrc~i1 AVEhti1E, THE~iCc NORTH 00 OErRE= 26' S8' EAST A DISTANCc OF 616.58 F=~~i ANp P,4F~riLL_? WITH THE 4+(EST LINE OF THE SOUTHEAST QW1ATEr~ OF iFIE St'1U7t11NEST QUAAT"cn OF S.aID SEGTIQN 5 TO A POINT, THENCE SOUTH 59 bEvREES 53' 42' SST A DISTANCc OF 582.88 rc.T TO A FOUND 5/8 ZNCH IRON PIN, THENCE SOUTH 00 DE'3RE= 23' 98' WEST A OISTANCc OF 331.27 FE:T TO A POINT BEiNa 57.00 rc~ OISTAHT FRO#i (YME'! ~iEASUHED AT RIGHT ANGZ°_S TO} THE CENT'cR LINE OF FAZAVIEW AV'c.~1UE, TNE3YCE NE}fiTFi 99 OEvAEES 32' 56' WEST A OISTAPfCE OF 506.68 FEET ,AND PARALLEL WITH THE CE}iTER LING OF FAIRVIE~Y AVENUE, TO THE POINT OF BEGINNING. cXCE?T THAT FORTIOK COFIY=YESO TO ADA C1]L'-'4'TY FtZC-izYAY DISTnICT BY DES RE:,CRDE7 UNDER INSTAUL{ENT N0. 94065952 tilCncian ~!anning and ?oning Com;~iss~on 1~leeting June 13, ?000 Page 62 most appropriate. Th city attorney can make that decision end additional recommendation as well as the staff will have time to formulate that better before council. Our concerns are being addressed that the Morgan's have raised to us and the council will make the final decision anyway. Norton: I'd agree to that. Barbeiro: I would concur with my second. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: I have to apologize. When we started this I though that would be a 5 minute item. 8. PUBLIC HEARING: REQUEST FOR AN AMENDMENT OF A CONDITIONAL USE PERMIT FOR PROPOSED LARGER SIGN CRITERIA AND ADDITIONAL PYLON SIGN TO SITE ZONED C-G BY DAN CONLIN-IDAHO ELECTRIC SIGNS-OAKBROOK PLAZA 2100-2180 FAIRVIEW AVENUE: Siddoway: Mr. Chairman and Commissioners this project has been before you with a conditional use permit and the requirement of that conditional use permit was single monument sign no greater that 72 square feet. This is an application to modify that requirement and they are proposing the signs that were originally proposed. Brad's staff report, I don't see the date but it was stamped received June 9, 2000. He does not that there is some grounds for allowing a greater sign area but we do need to come up with some criteria for that so it is not just a hap hazard application of various sign standards when we tried to be consistent as much as possible up and down Fairview over the last year or so. Our recommendation is to approve the signs as proposed with the modification that the 25 foot high sign be reduced to a 20 foot sign and that is all. That recommendation is based on the draft sign ordinance which will be coming before you in a month. Brad's comments make a pretty good case of the issues showing that there maybe comparing it to other sites in the area showing that it is a larger site and based on that there could be some basis to approve larger signs in the 72 square foot sign that was originally approved. Borup: Applicant like to come forward. Conlin: Dan Conlin. I work for Idaho Electric Signs and I am representing Norco Industries in this matter. Mr. Kissel of Norco Industries has asked me to present the sign package again. I guess it was originally submitted for the conditional use permit and during the second Planning and Zoning Commission meeting through this, it was amended through a verbal statement by Shari Stiles to reduce down to 72 square feet. Unfortunately for some unknown reason it was not caught by the representative at the time. I think we are close to staff recommendation. The only design criteria that we (1~leridian °lanninc and %cning Commission 1~leeting June 13, 20C~ Page 63 came up with this has a lot to do with what Boise Cit has recommended in a Ict of Their Y sign ordinances. That is what we went off of from discussions with Brad in designing this. He stated that Meridian's future sign code would mimic with what Boise City had been doing. The five feet seems like a minor detail as far as helping this project get started. One thing we are worried about this time is the production time. This plaza is opening middle or beginning of August and our production time will make it tough to get this sign installed. This makes it difficult for Norco as a hole to least the building out. Respective clients will want to know what kind of sign they will have on the roadway. The five feet again seem minor considering that all we are really doing with that extra 5 feet is trying to copy the architectural design of the whole plaza. With the Oakbrook Plaza we feel that is a really strong case that not only do you put a sign like this, your not only marketing individual tenants that are going to be present at this development, your also marketing the development. Tenants will use Oakbrook Plaza in their advertising and it is important to get Oakbrook Plaza up there as well. We took time to do a presentation. By looking at that if you look on paper at 25 feet tall with the cabinet size it may sound intimidating but laid out on a scale in comparison to other signs in the area, just the McDonald's Chevron sign alone is 32 feet over all height. The McDonald's cabinet is 12 x 12. We think it is a clean package and make sense. It ties the entire plaza together. We would like to get the extra five feet. Borup: Any questions Commissioner's Nary: The comparison drawing here has the two sign from Meridian Crossroads. Is the fact that their location close to that intersection and the Eagle Fairview area, is that the reason for the larger signs versus what is being recommended here. Borup: That was our rationale there. That was a very large development and we felt some larger signs was appropriate. Nary: So this isn't a fair comparison. Borup: The Crossroads one isn't. Nary: This other one at the top of the hill there is closer to the freeway. Was the intent of this was because it was suppose to be visible-the Chevron McDonald's. Borup: Isn't that the Chevron that is just right down the road. Oh on Eagle Road. That is not the Chevron on Fairview. Well, that is the one that would count. That doesn't really mean anything then. We would have like to seen some things on Fairview if you were trying to compare. Conlin: The fitness center is on Fairview. If you look at Brad's recommendations and the comparison he makes to Elmtree Plaza being 2.2 acres and Oakbrook Plaza being 5.5 acres, the scale is over 50,000 square feet with 3 retail buildings. It is a sizable project and I don't mean to say this is the same size as the family center, but take Brad's comparison with Elmtree the issue at hand which is Oakbrook and then the rVleridian Planning and Zcning Commission Nteeting June 13, 2000 Page 64 comparison with the ily center, in-between there somewr-sere there has to be a medium that will work for Oakbrook Plaza to be able to market the amount of tenants they are going to have. Nary: Mr. Conlin I think your always going to have (inaudible) the bigger the sign the more people your going to attract. That doesn't necessarily mean it fits with the topography with Fairview and that location. What would that 20 foot sign be in relation to the other businesses across the street. Conlin: The monument sign is basically almost useless. You can't really see it heading west because of the cars coming eastbound. The sign is only 10 feet tall. The best visibility the entire plaza has is for eastbound traffic and it is not because of the monument sign. It is because the wall signs face in an L shape for the eastbound traffic. Nary: How high is that clock? Conlin: The clock is 22 feet overall height and that is the top of the clock. The tower goes taller then that. What we tried to do is follow suit with what we applied for in Boise City with the understanding that Meridian's future sign code would probably mimic in a lot of ways with Boise had done and successful with. Nary: Do you know how tall the sign is at Fred Meyer. Conlin: I can't visualize it right now. I'd be guessing at it. Norton: It looks like your proposing this Oakbrook sign for ten businesses and according to Brad, he calculated that is 144 square foot sign. Elmtree with ten businesses has a 42 square foot sign. Yours is like a 100 square foot bigger. Is that my understanding. Conlin: Yeah. It is about twice the size. 72 square feet we are going up to 144. Borup: Unless it is a typo, he said that size was 42 square feet. Conlin: it is 72. I noticed that as well. Norton: Where exactly is Oakbrook. You have the address on Fairview but where is it. Siddoway: Look here on the vicinity map. Oakbrook Plaza is this gray site here. This red area is Fred Meyer. Using Brad's staff report as an example, he talks about the application of the 72 square feet that it has been exampled and close proximity to Oakbrook Plaza that have had the 72 square foot maximum size applied to them include Elmtree Plaza and Subway, Chucks Automotive, Econolube and Walgreen's. There are others in the area that did not require a CUP and therefore no way for the city N1er,,;ian P!anninc and Zoning Commission +bleeting June 13, 2000 Page 65 to apply this r2 square foot requirement because it does n~x~ e ist as a formal ordinance. It is simply a policy enacted by the City Council. END OF SIDE EIGHT Siddoway: I think it is along the lines of 25 or more. Borup: If you go the same criteria that property is four times bigger than yours, so your would have to be four times smaller. Siddoway: So the issue is whether there is a case that even though this did require a CUP and we have been consistent with requiring the 72 square feet sign with the CUP most of those have been applied to smaller sites so we are seeing-there could be a logical reason to allow for a larger sign, since this is not just a single building, it is 3 separate structures with multiple tenants and the question is, what's the rationale, what is the basis and what is the appropriate height. Ours based on the draft ordinance, which is the only other option we can give you as a suggestion is that 20 foot height, but we do see there is justification for a larger sign and to be specific the two signs, there is the smaller sign here, a small monument for an individual restaurant pad and then the larger Oakbrook Plaza which we would say or recommend shortening by 5 feet. Borup: Does that answer your questions. You said the applicant did not know or realize that it was a 72 foot sign. I don't believe that was a verbal comment from Shari. I think that is how is came out of Planning and Zoning Commission and the recommendation to City Council. I don't know if City Council did anything different but I believe that was a recommendation from Planning and Zoning Commission so it was not a last minute verbal change. It was - Conlin: As far as I can tell from reading through the minutes it seems there was several points of confusion on this. I don't think anyone is to blame. On October 12, 1999 public hearing P&Z commission limited the project signs to a single maximum 72 square foot sign area at the recommendation of Shari Stiles during her verbal staff report. The reports that I have list out what was approved and what we had asked for was approved and then there was (inaudible) on the back with on sentence on a addition I guess that stated the 72 square feet. It was stipulated both ways in the reports I received. Siddoway: I wrote the original staff report on it and believe I did recommend approval of these signs at that time in the original staff report. =That was then modified by Shari Stiles in the meeting. Conlin: I think what happened was whoever was the representative at the time looked at that, read the paragraph that he read initially and everything was fine and moved on. Barbeiro: If we lowered the sign to 20 feet then it is going to (inaudible) 5 blocks and one foot off the ground. Meridian rlanniny and ~~nir.g Commission Meeting June 13, X000 Page 66 Conlin: We would ha to alter the roof top or sink it further down to the round which would give us a problem addressing the vision triangle. There might be some issues there. Borup: Why would that be a problem with the vision triangle. If 2 feet is a problem then 6 feet will be the same problem. Conlin: Is there a criteria as far as visibility Siddoway: We would require all signs to be outside of the vision triangle. In this case it is a driveway (inaudible) intersection and not that large. It is the 10 x 20 site triangle. Conlin: I think it would be a benefit to the visibility even with the shortened vision triangle. The bottom would be open for visibility. It would be more attractive and safer application for the sign. Borup: Why safer? Conlin: If the sign is lower to the ground we might as well just build a big foundation for it and make it look like an enormous monument and that would block a lot of visibility underneath that sign as far as traffic getting in and out. A lot of cities we deal with any type of pylon sign they will require to be X amount of feet off the ground simply to get the cabinet out of the visibility for the drivers and for traffic as well. Borup: Is there a minimum distance off the ground that would still give the visibility? Conlin: Some cities it is 6. Some 8. Usually not more than 8. The other option would be to flatten off the roof which as far as production wise it would not be a big deal but it would take away from esthetic quality of the sign as it ties in with the plaza. In Boise City one of the things we tried to do with retail centers like this is that they have a criteria for shopping centers under their Comprehensive Plan. We would be attempting to get this approved under a residential shopping center with the square footage (inaudible) it would be more then likely be approved as residential shopping center and the overall height approved would be 30 feet and about 180 square feet would be allowed for residential shopping. Nary: Would it be fair to say that the only reason you are here today is because what was approved by the City Council back in October of 99 is adequate and I think what your testimony is that no one noticed that at the time they approved that. No one ever appealed it to the district court as being arbitrary or anything else. Is that correct? Conlin: Correct and from all the minutes I went through it really looked like there wasn't much representation here to here and to respond- Borup: And, no one made an argument to City Council iti1zridian Manning and Zcning Commis pion Meeting June 13, 2000 Page 67 Conlin: The City Co cil minutes they went through and difFerent thin s back and fo g rth and the last statement in the minutes I received said that oh, I'm sorry. Was there a representative here for this. We apologize. It got left at that. No body was sworn in or said what their name was and what they were representing. Nary: But, the applicant knew what the Planning and Zoning Commission recommendation to the City Council was going to be. Conlin: As far as I can tell it has been a mess from the word go. Basically what we should have done was not have submitted the signs with the conditional use permit. We should have submitted them with a regular sign permit. Unfortunately it got messed up. Nary: Do you know if a person was there at the meeting because they had a written recommendation or something in writing to make them show up. Conlin: I really don't know. The minutes that I have addressed somebody but nobody was sworn in. Borup: They would not be sword in. Their name would be on the record. Siddoway: The issue is it is zoned general commercial which does not have a second public hearing in front of City Council. It was not a public hearing. The applicant was probably given a chance to address the council but it was not a public hearing and council acts on evidence presented from the recommendation from the Planning and Zoning Commission. It was a conditional use permit at the time and for clarification, we do require submission of the signage details with the conditional use permit. The one that came through with H&W tonight, they did not submit sign details. We recommended a maximum of 72 square foot, which is what got approved on them as well. Nary: What I wanted to make clear for the record is if the applicant disagreed with that recommendation by the Planning and Zoning Commission was there a means for them to voice that objection either in writing or in person to the City Council to not approve those recommendations with that limitation of a 20 foot sign. Siddoway: I imagine they would have had to submit it in writing to the City Clerk's office for distribution to the City Council prior to the hearing. Borup: Actually it wasn't a 20 foot. It was a 72 square foot monument. Quite a difference. Nary: I move we close the public hearing. Norton: I second. N1~rdian Planning and Zoning Commission tileeting June 13, 2000 Page 68 Borup: All in favor? N10TION CARRIED: ALL AYES Borup: Are we in agreement that square footage of the sign is acceptable. Barbeiro: Steve, you did the original recommendation. Was this the size of the original recommendation. Siddoway: Yes it is. 25 feet. I originally drafted staff comments recommended approval based on this size and it was then modified by Shari to require it to be dropped to 72 square feet. Borup: Are we in agreement that the size of the sign is okay. The only question may be the height. I am a little torn. Nary: I understand Miss Stiles recommended the 72 square foot -- The 20 foot comes from the new draft ordinance. At the time when this was approved by the City Council they didn't deal with 25 or 20 feet. We are dealing with it now and what we are trying to do is be consistent with what we've done with smaller properties or maybe with what we've done with bigger properties. It appears to me that the sign ordinance will probably resolve- Borup: Essentially that street has a real miss mash Barbeiro: I wish to make a motion that we recommend to City Council approval of the request for an amendment of a conditional use permit for proposed larger sign criteria and additional pylon sign to site zoned C-G by Dan Conlin -Idaho Electric Sign as presented by the applicant for the 25 foot sign with all other staff comments.. Nary: Second. Borup: Any discussion. All in favor'? MOTION CARRIED: ALL AYES 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 5.4 ACRES ZONED I-L FOR CAFARELLI INDUSTRIAL SUBDIVISION BY THOMAS M. BEVAN, JR.-NORTH SIDE OF FRANKLIN, WEST OF CINDER: Siddoway: Mr. Chairman and Commissioners. Here is the proposed plat, 3 lots. I would point out in the ACRD staff report that they make mention of a potential connection for this land lock parcel to come out along Linder road but I would make it clear that access does not exist at this time. Staff comments submitted by Bruce and Shari dated June 9, 2000 stand. I will let the applicant address any concerns. "~. ~: ~.;ar ~!annu~_ ar„ ~cning Commissicn ti-lee±ing ,;une 13, 2000 Page e0 ~ ~- Bevin: After talking to my engineer I realized I only have 3 items. The first item they talk about the sewer. We agree to that. Item 2, 3,4 we agree to that. Item 5 they are saying they designate Franklin Road as a entry way corridor. As such staff recommends that Franklin landscape buffer be a minimum of 35 feet in width (inaudible) right of way constructed by the developer as a condition of this plat. On parcel 3 we have a building permit that we are currently building the Interstate Battery building on and the city and ACRD approved a 20 foot landscape easement here. What they are saying on the rest of it they want to go to a 35 foot so coming in on Franklin it would go from 35 foot down to 20 foot. What we're requesting to do is to keep it all the same. We are asking for that exception from what staff recommended. Item 6 we agree with that although my engineer said what that has to do with the landscape buffer having the storm water retention in it. Your staff is asking not to put it in the landscape but underneath the surface of the parking lot. We would be glad to do that but DEQ and City of Boise is trying to get away from that for some reason. Siddoway: I can respond to that now. What it says it should not be allowed in the landscape setback unless design details are submitted that clearly show that it would comply with the goals of the Comprehensive Plan-basically means that we want that just as was presented earlier tonight in the landscape ordinance-it is a required landscape buffer. We want it to look like landscaping. If you want to incorporate the drainage in it, we are all for it as long as you provide design details that show its going to be still a landscape buffer and not just a gravel drainage area. Bevin: That is fine then. We are having grass. No problem. We agree to that and submit that in. Number 7 okay. Now number 8 and 9 we lumped together here. The original approval they allowed a driveway right here. We designed the building around this driveway. It is a drive through building where the semi comes in through here, goes through the building and unloads and comes back out. What the staff is asking us to do is do away with this driveway-we've all ready built the building (inaudible-Bevin off microphone through out testimony) plan that approved by ACRD and City of Meridian. We built the building with driveway here. Now they are saying they want to get rid of this and put it over here on easement (inaudible) ACHD was saying that if the easement intersection -they are saying that if this becomes a road and that becomes a intersection, then our driveway here would be too close to that intersection. This easement showed on the original plat so somebody either missed it or what happened. We found out that ACHD we went to them and asked them about it and what they said is if you look at exhibit C on the back page no actually exhibit B of what I handed you tonight, their site specific requirement on page 2 article 3 is they rather instead of getting rid of that driveway, they rather locate a temporary driveway as proposed approximately 140 feet west of the property line as temporary driveway and that is the one we showed you there and will be eliminated when a shared driveway or public street is constructed within the 60 foot easement. What they are saying is they will allow us this driveway here until this road is built. Once the road is built then we'd have access through here. ti1e~ ~i,n ='arming anc coning Cor emission Meeting June 13, 2000 Pager 1 M Borup: Steve does s want it removed immediately? Siddoway: Our intention is to get that access road in immediately and then close it off after they have access. Edwards: The difference shows on the schedule C or exhibit C. This is ACRD map they gave us. Why they want to grant us the temporary and wait and keep their options open because on exhibit C the road that is marked in blue is the road they think is going to happen up here. They think that road is very close to becoming dedicated. Also they told me they have another road that has been applied for but they have not done the process yet. ACRD told us they much rather have access to that northern parcel then they would on our easement. One reason is they don't want to put a bridge in there if they don't have to. Plus they thought the city might be more or better for the city to bring the sewer and water over the land like that then it would be over a canal. Also they said they estimate the trips generated by the industrial area north of the Subdivision generate about 60 trips per acre per day. While this is comparatively light, they'd still prefer this traffic to ingress egress up here onto Linder which is a collector street then they would onto Franklin which is a arterial. They don't want this road. Borup: Steve are you saying then that P&Z staff differs with ACHD's recommendation. Siddoway: I am not understand how we differ. Borup: Aren't you saying that P&Z wants the driveway eliminated now and that there be access from that 60 easement. Siddoway: As opposed to what? Borup: As opposed to leaving the driveway in place and have it accessed on that 60 foot easement if it ever becomes a public street. Siddoway: Yes, we do differ in that we are saying it should be dedicated as a public street as part of this plat. Staff does have a problem with that. Number 9 under Shari's conditions has although the highway district (inaudible) references a future public road to the land lock parcel from Linder road no plans have been submitted for approval by the City of Meridian and the 60 foot wide access easement shall be shown as a public road unless approved as a private road by the City Council. Borup: Who owns that land lock parcel. Edwards: Miss Martin. They don't access it now it is bear ground. There is nothing there. Just one lot. What I think ACRD is getting at is they are trying to hold this off until they can get the determination on that parcel here. They don't have it yet but he told me this morning that they have all the terms and conditions agreed between the applicant and ACRD. Now just the formality of the dedication so everyone has agreed to put the road in here and they have not got to that stage yet. ACRD is asking us to tl?eridian Manning and ~onir,g Commission Meeting June 13, 2000 Page 72 hold off and wait to serif that can be done and finished ivin g g them acc,.ss in the back in a position that is more favorable to the city and to the ACRD. Nary: I want to be dear from Steve and I know this is not your report, but is the concern trying to match up with ACHD's recommendations or trying to do something a little different. Siddoway: I think there are more issues with that potential access out to Linder that may make it not as feasible as -the way it is being presented is that it is all most a sure thing and I don't think it should be characterized that way. We feel that this access should be provided. Martin: Justin Martin. I live at 2332 E. Apricot Drive. I would be the representative for the parcel that is going to be landlocked. My only comments would be- Borup: Is it going to be or presently is? Martin: Landlocked? It is -there is no bridge over the canal. We do have a bridge designed that would meet Ada County's (inaudible). We have not spoken with Ada County about it. We have no plans for development. We know nothing of the new accesses from Linder except what Mr. Bevin showed me tonight and obviously I will be looking into that. Borup: What would be your preference. Martin: I think it would be better if we had one on each. Borup: You willing to pay for them? Martin: We weren't willing to buy the access to Linder Road based on the price the guy who owns the land was giving us. We would have rather built the bridge we designed. My concern would be that if it is not dedicated a public street, and easements don't come across from Linder Road at that point that road we'd be accessing our property from Franklin on would be too close to the other driveway. So I guess on the other hand is that it is looking like ACHD is giving them a open ended contract. We have no problem paying for a bridge. Norton: Lot one does not have any sanitation. Are you planning on developing lot 1. Martin: Yes eventually. Nary: I move we close the public hearing. Norton: I second that. Borup: All in favor? Meridian Planning end mooning Commission Meeting June 13, 2000 Page r3 N1OTION CARRIED: ALL AYES Borup: Steve do you have any idea why the other one was approved at 20 feet. Siddoway: How long ago was that put in. I don't know. END OF SIDE NINE Nary: Is the 35 foot buffer basically going down Franklin west of this property so just this one portion is what the applicant is asking he wants it to be 20 because the one piece of property to the east of him is 20 feet. All the property going west of this property is 35 feet. Siddoway: Our standard should be 35 feet along all interior corridors. That has been the standard for years. I don't know where the 20 feet came from. Nary: One glitch in the program should not change the standard we have. Borup: What are we approving on lot 3. Siddoway: Interstate Battery sits on lot 3. It is a 3 lot Subdivision. Apparently the 20 feet that has been discussed was approved on lot 3. Borup: That was part of a building permit not part of a plat. Siddoway: Correct. Borup: Is there a difference. Barbeiro: How can a building permit change a ordinance. The building permit allowed only a 20 foot setback. That doesn't make sense. Borup: The building is how far back from the road? Siddoway: Based on the site plan that was approved for lot 3 with Interstate it looks like they have a 20 foot landscape buffer and then the two bays of parking with drive isle in between with the minimum standards and then the building abutting against the parking. I think we are stuck with 20 landscape buffer on lot 3 and then this line here would show what the 30 foot buffer would then line up with it. The building is constructed. I think we have to live with that on lot 3. Nothing else to do. Nary: I would move that we approve the preliminary plat for the 5.4 acres zoned IL for Cafarelli Industrial Subdivision by Thomas M. Bevan, Jr. north side of Franklin west of Linder with the staff comments as attached specifically addressing the condition 5 which has a 35 foot landscape buffer that we specifically want that to be included but would titericiun FianrinG arC 'oning Commission Meeting June ' ~, 2000 Page 74 recommend to the C Council that condition 8 and 9 be amended to reflect that the be in compliance with the ACRD requirement that the shared driveway on lot 3 only y needs to be removed when the access on the easement public road that is adjacent the 60 foot access easement is becomes a public roadway or public or private road when it is developed. Untif that time the driveway on lot 3 can remain where it is at. Basically performing 8 and 9 to be consistent with the ACHD's requirement as presented by Mr. Beven and his comments on time B which is ACHD's site specific number 3. Norton: Would you amend your number five for the thirty five foot setback for lot 1 and lot 2 since lot 3 is all ready been built on at 20 feet. Nary: Yes, absolutely. Norton: I would second that motion. Borup: Discussion? Barbeiro: One of Mr. Bevin's concerns was that should there be access off of Linder and 10-20-30 years later they decide they want that easement frankly they can come back and do that. Do you want to make any sort of amendment that if access is on Linder that we will no longer accept the option of easement off Franklin. Borup: The motion was to accept the ACHD recommendation and I don't know that ACRD addressed it to that extent. Nary: I am not sure what the concern is that some time in the future that is going to impact (inaudible) remove that driveway in ten years. I think that is the way ACHD- they left that open. Borup: Either that or apply for a vacation. All in favor. MOTION CARRIED: ALL AYES Certified Mailing Returns Project Name, ~ ^ n file No s 'o Date of Hearing Name Address Reason for Return -. ,_. r~ (. ~ ~ ~ Meridian City Council ?`r~ouncil Meeting October 19, 1999 Page 11 Rountree: Okay. So we need to add that to the agenda. Okay. Gigray: And I would, Mr. President, with your permission, advise that this is with the consent and understanding of the Mayor. Rountree: Okay. Bird: We can put it in the consent agenda. Rountree: Is there any objection for consideration of consent agenda? Bird: Not me. I think it'd be great. (Inaudible discussion between Council members.) Rountree: Any other questions? Bird: I have none. Rountree: Council? Staff? Anything else you want to bring up at this point? Okay. Mr. Gigray. O DISCUSSION OF IDAHO INDEPENDENT BANK'S REQUEST TO MAKE ADDITIONAL REQUEST OF COUNCIL BY CHERRY LANE GOLF COURSE LETTER OF CREDIT. Gigray: Mr. President, members of the Council, I just want to make sure you have in your packets, I think we provided you with a memorandum at the request of the Mayor concerning certain features with regards to the discussion of the request of Idaho Independent Bank. Hopefully you have that in your packet. It should be with reference to the provisions of the leasehold deed of trust. Just explains my points on some of the provisions of that. I just want to make sure you have that in your packet because those were distributed. We also provided you, I believe it's been discussed by the Clerk, a memorandum just to acquaint you with procedure and possibly a legal issue with regards to the appeal which is Item No. 17. Rountree: Okay. Mr. Mayor, I'll turn it back to you. Corrie: Thank you, Charlie. Rountree: We're through with the pre-council meeting. If you want to go into adjournment for a few minutes, that would be fine. Bird: Recess. Meridian City Council M~ng October 19, 1999 Page 4 O DISCUSSION OF IDAHO INDEPENDENT BANK'S REQUEST TO MAKE ADDITIONAL REQUEST OF COUNCIL BY CHERRY LANE GOLF COURSE LETTER OF CREDIT. Corrie: Okay. On the regular agenda, first before No. 1 is the discussion of the Idaho Independent Bank's request to make additional request of Council by Cherry Lane Golf Course letter of credit. Before I start, I want to let the public know that this is not a public hearing. There will be no public input in this. This is a discussion between the City Council and what they have been requested by the Independent Bank to do. I guess, what is the pleasure of the Council? Do you want to have the attorney explain his letter to you? Anderson: Yes, please. Corrie: Mr. Gigray. Bird: Do it in layman's terms, too. Gigray: Mr. Mayor and members of the Council, as I understand the consideration before you, it is the request by the bank that the City agree by a separate agreement to provide the bank with notice on two occasions: one if there's a default on the part of Cherry Lane Recreation, Inc., and number two, there is a 60-day notice request in the event there would be modification of the lease agreement. This would be done by a separate agreement between the bank and the City. It's something for you; I think it's a matter of your discretion as to whether or not you wish to do this. I believe that the City Council has taken the action that is required under the terms of the lease agreement to perform, but is a matter for your consideration. I have been asked to provide some information to the Council by the Mayor to acquaint you with at least some of the terms and conditions the lease-hold deed of trust in regards to its provisions so that at least you have that information available to you. I believe you have the lease-hold deed of trust in your packets, and it has a very small font which is somewhat difficult to read. If you want me to go through this memo with you, I'd be more than happy to do so. I defer at this point, Mr. Mayor, as to what you want me to do. Corrie: Okay, Council. Anybody want to go through it? Bird: Short version. Corrie: Okay. Thank you, Mr. Gigray. Bird: Yeah. I do. Corrie: Okay. Let him know that. Meridian City Council Me~Ti'ng October 19, 1999 Page 5 Bird: Mr. Mayor, I want him to go through that. Corrie: Okay. Mr. Bird would like to go through it, please. Gigray: Sure. Basically, the instrument proposes like a deed of trust on your house to secure an obligation of a loan which I assume Cherry Lane Recreation, Inc. would have received from the bank, and then as security for that loan, they would have alease-hold deed of trust. We don't -our statutes regarding deeds of trust talk about providing a security interest in real property. I know the bank says this is a somewhat unusual form in Idaho. Not often seen. It seems like there's a plausible explanation under Idaho Law that you can in fact do this. What happens is that there's a trustee appointed which would be Pioneer Title Company. As long as payments are made timely and there's not default under the original note or the deed of trust, nothing happens other than it's held by Pioneer Title and then they'd have to reconvey the interest of the bank back to Cherry Lane Recreation once the obligation is paid. If Cherry Lane for some reason defaulted under the terms of the agreement, and I have in Point 5 kind of a laundry-list of what that deed of -lease-hold deed of trust provides would be a default, then the foreclosure procedures after notice, and if there was a failure to cure the default, could be entering and taking possession of the property and proceeding to sell the property as you would sell the property after 120-day notice first for sale and then the purchaser, the highest bidder, would then get the interest of Recreational Properties, Inc. There are some provisions here where the bank, through the trustee, could assume and take possession and manage the property. They would have to perform the terms and conditions of the lease agreement as the lease agreement has provided. They couldn't remain in default because they wouldn't be in any higher position than Cherry Lane Recreation is. That is basically how this is set up. Corrie: Mr. Bird. Bird: This is also the letter of credit? This is more than just the letter of credit. This is for the loan. Gigray: Mr. Mayor, members of the Council, I know that having and going through these requests or condition, as I understand it, for the issuance of the letter of credit. You may want to inquire of Cherry Lane Recreation as to whether or not it involves more than that. Point 3, I noticed on the form that was provided, provided for two separate loans, one in the amount of $400,000 and the other in the amount of $500,000, and it is drafted so that if there were arrangements subsequent to entering into the lease-hold deed of trust up to $1,800 000 it would still cover that. It limits -that doesn't mean that the initial loan would be that amount, but it would provide for that kind of negotiation in the future. Corrie: Other questions from Council? Meridian City Council M~R',`ng • October 19, 1999 Page 6 Bird: I have none. Corrie: Any discussion on their request? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: Do we have any indication from the lender that this is the only avenue that they can accept in order to make the loan, provide the money for the letter of credit and apparently the money for financing the construction? Corrie: Mr. Gigray. Gigray: Mr. Mayor, Councilman Rountree, members of the Council, the discussions that I have had relative to the request that you have before you are with Mr. Edward Hansen who represents Idaho Independent Bank. He advised me that the bank is somewhat uncomfortable with lease-hold deeds of trust. No reflection upon Cherry Lane Recreation, Inc. It's just the form and that they would be in a position, at least, this is my understanding of his representations to me on the phone, that they would proceed to issue the letter of credit and proceed with the loan arrangements, I assume, with Cherry Lane Recreation, Inc if the City would agree to the request that you have before you. There was originally a discussion with Mr. Hansen, and he had indicated that they would like to have a provision that the bank would be in a position to have to consent to any change in the lease agreement. My discussions with him were that I thought that this would be a very difficult issue for the Council to deal with, but certainly they have any right to present whatever they want to. He felt that they could live with notice and so you see the form of this request, and it's two-fold. One, if there's a default, they have to receive notice of the default. The bank does in addition to Cherry Lane Recreation, Inc., and number two, 60 days prior to the effective date of any modification of the lease agreement, the bank is to be notified, and, of course, as you look through the lease-hold deed of trust, if the bank didn't like some of the provisions of any amendments to the lease agreement, they would have to take that up with Cherry Lane Recreation, Inc. Bird: Ninety days. Gigray: Ninety days. Excuse me. Ninety days notice. That's in my memo. I misstated it. Thank you, Councilman Bird. Rountree: We've been at this too many months now. Personally, I would like to see it move forward, but I cannot accept the position the City would be put in this particular proposal. I have no particular problem with the notice requirements, but I do have some problems with the idea that the City would be taken out of any position as it relates to the Golf Course in a default situation. I don't have a Meridian City Council Meeting October 19, 1999 Page 7 solution. I believe we were advised at the beginning that the solution was there, but it apparently hasn't been found at this point. Corrie: Any other discussion? Rountree: Mr. Mayor, I guess the other comment I would make is it seems that this negotiation process that apparently has been established is not acceptable either. I think we need to just sit down and roll up our sleeves and find a solution. If we continue to have letters bantered between our attorney and their attorney, and then have to have it scheduled at a regularly scheduled Council meeting, the soonest anything can be done has atwo-week delay. We're not getting anywhere. We've been two weeks here and three weeks there a month just meeting our meeting schedule, and I don't know if a special meeting is in order to deal with this specifically between our legal representation and us that we can negotiate something that appears acceptable and then take action. Throw that out for discussion. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I agree with Councilman Rountree. I think it's went on long enough. I don't know how we got it, but it's got to go forward. I have a real problem taking this out of the first. If you read the Pioneer Title will be the trustee and they've got the right to come in and sell the lease, whatever, which I don't like. If this is all because of the letter of credit, then I for one would be for dropping the letter of credit. It all falls back on us regardless one way or the other, so if this defaulted, we're going to pick up the bill. I think it's went on long enough. Let's get the thing solved and let Cherry Lane go on with their clubhouse and we get out there and get us a good clubhouse and get the course going like it's supposed to be. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I, too, have some real reservations about some of the items in the lease-hold deed of trust, and I would concur with Councilman Rountree. I'm not sure that this the right format to set down and discuss these. I think probably a one-on-one meeting with the City Council and Cherry Lane, Inc. and their legal representatives and ours and has out what some of our courses are, and let's get that agreed to before we come back to a Council meeting because this has taken forever in the current process and current format that we're doing it now. Corrie: Mr. Bentley. Bentley: Yes. I concur with what's been said tonight. I can't put the City or the taxpayers' property up for a loan, but I think we do need to sit down with an open Meridian City Council Mee ing October 19, 1999 Page 8 meeting with them and see if we can't come up with some form and means of getting this project put together. Thank you. Corrie: It seems to be the consensus that we need the Council, the two attorneys and the Cherry Lane Rec to sit down with the Council. Bird: Absolutely. Anderson: And the bank. Corrie: And the bank, yes. And the bank. Since they're involved here. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: If the bank's willing to accept the notice requirement again, I don't have a problem with that, but if it's going to go beyond that, then I agree. We need to sit down and hammer it out. If we can offer that back to them, and they're willing to accept that along with the offer that if that's not acceptable, we'll sit down. That gives them the option. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, just to answer Councilman Rountree's question, it is my understanding the bank would be prepared to go ahead with the loan if the City honors their request that you have before you. Rountree: The whole thing. Go ahead, Mr. Gigray. Gigray: Right. And as I have discussed in my memos to the City Council, I believe you've already done what you are legally obligated under the lease to do. I think this goes beyond that, but I think it's a matter of your discretion whether or not you want to do that. If you want to enter in negotiations with the bank and with Cherry Lane Recreation, Inc. on if you are going to provide them with notice and go this extra step that you need some consideration on the other side with regards to potential modifications of the lease agreement or otherwise, then I think it'd be a very good idea to sit down with the representatives of the bank and Cherry Lane Recreation, Inc. to see if that couldn't be hammered out. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Mr. Gigray, are you talking about the agreement of September 30cn~ Meridian City Council Meeting • October 19, 1999 Page 9 Gigray: Yes. The one that's in the packet. Bird: Okay. Corrie: Any further discussion? Bird: Yes. Corrie: Wouldn't you like to make this into a motion that we do that, Mr. Rountree, per your preference, or do you want to just - Rountree: I didn't hear anybody object to that, oppose. Corrie: I didn't either. If nobody objects to it, we don't have to have a - Bird: Let's set a date. Corrie: Okay. Bird: The sooner the better. Rountree: Do we want to discuss a potential date, Mr. Mayor? Corrie: Pardon? Rountree: Discuss a potential date, Mr. Mayor? Corrie: Okay. What date would you like to -we've got 26t", there's a - we have a set - Rountree: We could have a special meeting on the 26th in conjunction with the workshop. Bird: Okay. Corrie: Do you want to have that? Bird: That's fine if that's agreeable with the other parties. Corrie: This is not a public hearing, but is that all right with the bank? The 26tn~ What time would you like to have it? Bird: 6:30? Corrie: 6:30? Meridian City Council Mi'!~ing October 19, 1999 Page 10 Bird: Is that okay with Cherry Lane? Corrie: Cherry Lane, is that permissible to you? The 26tH at 6:30? (inaudible) gone until the 28tH (inaudible) Corrie: He's gone until the 28tH. I'm sorry. Okay. That's going to put us into - we can have it before the meeting at 6:30 on the 3~d of November. He'll be back by then, will he (inaudible)? (inaudible) Corrie: Can you come up here while that - so we can get it on record? I couldn't hear you. Lovan: Mr. Mayor and the Councilmen, my name is Wally Loven. (inaudible) of Cherry Lane Recreation. As I said, my attorney is gone until the 28tH of this month. I was considering having an attorney of his organization come in this evening. He said it would take him quite awhile to go through and get everything square in his mind so he represent me. Right now, I started last February in getting this thing, trying to get it going, and here we are now in October. Now we're going to November and we're looking at the first of the year. I don't know the answer except that we're just not going anywhere. We're spinning our wheels. Corrie: That's why we want to get together. Lovan: Yes. I know that, Bob. I guess it'll have to be that way. Corrie: Yeah. Council, would you like - Lovan: Then - Corrie: Can everybody be here on the 28tn~ Bird: Yeah. The 28t" is fine with me. Corrie: Charlie? Rountree: I'll be here. Corrie: Okay. (inaudible). Bird: Is his attorney going to be here or does he just get in that day? Lovan: He's supposed to get back on the 28tH Meridian City Council Mng October 19, 1999 Page 1 l Corrie: Will that give him enough time to have the meeting at 6:30 the 28th, then? Lovan: That I can't answer. Bird: We need to set a meeting and get it -Wally's right. We need to get this thing ironed out and get it done and let's get going. Lovan: If we go into November, then I wait a month and a half to finish the clubhouse, and there's no way. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we schedule a special meeting October 28, 1999 to negotiate the terms that may be necessary to reach agreement for the bank of the leaseholder, Cherry Lane Recreation, Inc. to agree to lending the leaseholder sufficient funds to cover letter of credit desired by the City, meeting to be held at 6:30, City Half. Corrie: Do I hear a second to the motion? Bird: Second. Corrie: Motion's been made by Mr. Rountree and seconded by Mr. Bird to hold a special meeting October 28th at 6:30 p.m. to work with the Cherry Lane Rec, the bank and the City to see if they can resolve the letter of credit at that point. Any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I'm assuming that we would leave the caveat that if their attorney does not have enough time on the 28th if he doesn't get in until late or something that we could leave that up to you to reschedule a meeting or something. Corrie: If that's desired - if that's okay with counsel. Rountree: Mr. Mayor, that's within your power. Corrie: Okay. All right. With that in mind, any other discussion? Okay. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH ]UUE 1tLEIN PISCHER WM. F. GIORAV, HI D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288.2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466.4405 William G. Berg, Jr. Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: IDAHO INDEPENDENT BAND APPEAL FILE: 5.1.A Dear Will: PLEASE REPLY TO MERIDIAN OFFICE ~ECEIVEp SEP 15 1999 City of ~eridiasi City Clerk ®ffice Regarding the above referenced matter, please find enclosed the original of the ORDER GRANTING APPEAL OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BANK SIGN AND ORDER OR REMAND, for the City Council meeting of September 21, 1999. If approved, please serve a certified copy of the ORDER upon the Applicant, Planning and Zoning, Public Worlcs Department, and the City Attorney. If you have any questions please advise. Very truly y, III Enclosure Lmail via Internet @ wfg@wppmg.com September 15, 1999 msg~Z:AWork\M\Meridian 15360M\IDAHOINDEPENDENTBANKAPPEAL\ClerlcOrderAppeaLltr i ~ 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-RULIN~GL OF ELLECTRONIC PAGE 1 OF 5 AND ZONING ADMINISTRATOR'S DEN MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BAND 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 ELLECTRONIC PAGE 2 OF 5 AND ZONING ADMINISTRATOR'S DENIAL MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BAND SIGN AND ORDER OF REMAND • 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 BAND 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: COUNCILMf1N ANDERSON VOTED ~~~/~~r~u 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 ~ M COUNCILMAN BENTLEY VOTED ~E~ COUNCILMAN BIRD VOTED "~ E l~ COUNCILMAN ROUNTREE VOTED~_ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~~-Z( ~~ MOTION: APPROVED: ~-' u~~' DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. t\~~,~rrrrrrrrrr!! ity Clerlc ~~~ ~ ~o~o~rFO `$' xr'~~. _ S~t~.L ~ d~ w G„ to ~ ,. ~~ ~ ,,~, ti msg/Z:AWork\M\Meridian 15360M\IDAHOINDEPENDENT~BANKAPPEAL\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 MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1999 AGENDA ITEM NUMBER: APPLICANT: IDAHO ELECTRIC SIGNS REQUEST: APPEAL OF P 8~ 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: COMMENTS SEE ATTACHED ORDER NAMPA MERIDIAN IRRIGATION: ~ J SETTLERS IRRIGATION: n ^~, ~ l~~' ~~ IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: of the Ci of Meridian. All Materials presented at public meetings shall become property tY MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 11 Rountree: 10/5/99. No discussion? All those in favor of the motion? MOTION CARRIED: ALL AYES 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: APPEAL OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF PROPOSED ELECTRONIC MESSAGE CENTER FOR THE IDAHO INDEPENDENT BANK BY IDAHO ELECTRIC SIGNS: (APPROVE) Rountree: Item No. 7, Findings of Fact and Conclusions of Law, appeal of Planning and Zoning Administrator's denial of proposed electronic message center for the Idaho Independent Bank and electronic sign. That item has just been recently slipped in. No, excuse me. Go ahead and act on this item,and then I've got some additional information. Anderson: Mr. President. Rountree: Mr. Anderson. Anderson: I'd like to abstain from voting on this as I have a conflict of interest on this particular issue. Rountree: My question would be, should you remove yourself from the bench or just abstain? Anderson: Probably ought to leave. Rountree: Don't go far. Okay. We have - Bentley: I have a question. Rountree: Okay, Mr. Bentley. Bentley: Item No. 2, Page 4, it says this matter is remanded back to P & Z Administrator for further action. Is this correct procedure? Gigray: Mr. President. Rountree: Mr. Gigray. Gigray: Councilman Bentley, members of the Council, the reason that language is in there is because that is the -- Administrator's the one that issued the permit, and it was ~ ~ MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 12 denied based on that one portion of the sign, and you've overruled the order of the Administrator by this order, so you remand it back to her in accordance with this decision as this says so that she can then go ahead and issue the remaining portion of that sign. And that's the reason that language is there. Rountree: Thank you. Bentley: Okay. Thank you. Rountree: Any other - Bentley: I have none. Rountree: --questions, comments? Bentley: (inaudible) Rountree: I need a motion. Bentley: Mr. President. Rountree: Mr. Bentley. Bentley: I move we approve the order granting the appeal overruling of Planning and Zoning Administrator's denial of an electronic message center portion of the Idaho Independent Bank sign in order of remand. Bird: Second. Rountree: It's been moved and seconded to approve the Findings of Fact and Conclusions of Law which overrules the denial of the sign in Item No. 7. Roll-call vote. Councilman Bentley. Bentley: Aye. Rountree: Councilman Bird. Bird: Aye. Bentley: Councilman Rountree. Rountree: Aye. I'll choose not to vote. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 13 Bird: He has to vote. Rountree: Do I have to vote? Bentley: Yes, you do. Rountree: Well, since I made the motion, aye. Bentley: You thought I was kidding. (inaudible audience discussion) Rountree: Tell Ron he can come back now. He's not missing all the fun. Gigray: You all want him back, don't you? Rountree: I believe we're now where most of the audience wants us to be, and that would be with Items 8 and 9. Before we open the public hearing, just a little housekeeping for all of you to make it potentially easier on us and as well as easier for you. We would appreciate that you all give us your thoughts, your concerns, our issues, both against and for, but to limit your comments to no more than three minutes and to try to limit the number of times that the same kinds of things are said. We're looking at a 25-item agenda tonight, and we'll be here until sometime tomorrow, and I don't think you all want to be here that later either, so just a word of procedure. The way the hearing will go will be very similar to the hearings that you all attended, or at least some of you attended at Planning and Zoning. The applicant will make a presentation to tell us about what it is they're proposing. You'll have an opportunity to testify before the Council. The applicant will again have an opportunity to address any questions or issues that are brought up during that testimony period. The Council will have a discussion on that, and the Council will ask questions of both the appicant as well as those who are testifying, if they have questions. At the end of that, we will close the heaering, there'll be a discussion, and then the Council will make a recommendation as to where we go from here. But again, probably for all of us this evening, I know we've got people who have been standing out there since 6:30, and I wish we could accommodate you all, and maybe if nothing else comes out of this, the need for a new City facility of some kind. Got to put in a plug when I can. And again, I welcome you all here this evening. I know a great number of you are here for the first time in terms of a City Council meeting, and I don' t know how it will turn out for you, but at least I ;pope you feel and walk away that you've been treated fairly. So with that, I will ask one more question. We have two public hearings on this particular item. One is for annexation and zoning, and one is conditional use permit. The annexation and zoning deals with whether or not this piece of property comes into the city, and if so, how it will be zoned and what kinds of uses could then follow. The conditional use permit is a permit or a ~ ~ MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 14 request to do a certain kind of use, presuming it's annexed and zoned. Now I have the option of asking you all, would you like to have or would you consent to having both hearings opened up at the same time to save having to go through essentially the same kind of process twice, or is there enough of you that would like to see two separate hearings, and I'll do that by a show of hands, so is there anybody in the audience that would like to see two separate hearings? And I can't see everybody out there, and I'm (inaudible) hear what I'm saying: Is there anybody out there that would object to that procedure? Do I have any objections from the Council? Bird: No. I think it's a great idea. Rountree: Or Mr. Gigray? Gigray: I think it's preferable. Rountree: The last item I'm going to do, is I'm going to open up the agenda at fihis point in time and take recommendations from the Council on if we will close our consideration of hearings at a certain time this evening. Mr. Bentley. Bentley: Mr. President, as we've done in the past, I think it would be my preference to close the public hearings at 10:30 so we can continue with the rest of our agenda. Anderson: I concur with that. Rountree: Concur that - so for those of you who are hear for another public hearing, we will not open up another public hearing after 10:30. Hopefully we can get through most of them if not all of them, but if we get to a point where it's 10:30 and there's a couple public hearings left, we will reschedule those to our next regularly scheduled meeting. I hope that's not a great inconvenience to you, but really at that point in time, if you're having a public hearing at that time in the evening, you're probably not necessarily getting the full benefit of everybody's thinking processes at that late of time in the evening. 8. PUBLIC HEARING: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI-FAMILY RENTAL (FOR PROPOSED SUNDANCE APARTMENT HOMES BY SUNDANCE, LLC - NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: (ATTORNEY TO PREPARE FINDINGS) 9. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI- FAMILY HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: (TABLE UNTIL 10/5/99) • • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7 1999 APPLICANT: IDAHO ELECTRIC SIGNS AGENDA ITEM NUMBER: 27 REOUEST_ 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 APPEAL l~ ~ c ~~ ~~~ ,~~ ~~~~ c ~~ BUREAU OF RECLAMATION: OTHER: Ail Materials presented at public meetings shall become property of the City of Meridian. F-' i~ ~ . ~ ~~B~ ~~~ Appeal of Decision of: Applicant: Address: Phone Number: Nature of Appeal: APPEAL APPLICATION FORM Zoning Administrator City Engineer Building Department Staff P&Z Commission Other (Specify) AUG 2 4 1999 Shari Stiles Idaho Electric Signs 6528 Supply WaY Boise ID 83716 X208) 338-9401 Idaho Electric Signs is appealing the decision by the Planning Director, Shari Stiles, to deny the application for a proposed electronic message center for the Idaho Independent Bank. The decision was based on an interpretation of the current ordinance prohibiting "flashing lights or strobe lights of any color". (See attached) It is our contention that the intent of the ordinance is to prohibit marquis or strobe lights, which may create a safety hazard or an "eyesore" to the community. We believe that an electronic message center does not fall within these restrictions. Furthermore, it is hoped that an electronic message center will also provide a service to the community by displaying local events and information previously difficult to obtain. The sign will be located in the center of town and will not effect the residential community. Signature Fee: $100.00 2-415 SIGNS 2-415 A UNIFORM SIGN CODE The Uniform Sitm Codc, as published by the International Conference of Building Officials. shall be the guide concerning standards and regulations for all signs within the City, and three (3) copies of the Uniform Sign Code shall be kept and maintained in the office of the Adminishator or the City Clerk. 2-415 B SUPPLEMENTARY REGULATIONS Any sign or structure located on a eammercially zoned lot which is adjacent to a residentially zoned lot shall be set back so as to meet the side, rear, and front yard setback tequiremeets of said adjoining Residential district if such residential setback requirements exceed those of the Commercial District. 2-415 C PROHIBITED SIGNS The following activities and types of signs shall be expressly prohibited in all districts except as otherwise provided by this Ordinance: The tacking, pasting, or otherwise affixing of signs of a miscellaneous character and visible from a public way and located on the walls of buildings, hams, sheds or on trees, poles, posts, fences, or other structure; 2. On-premise business sigts that advertise an activity, business, product, or service and which sre no longer conducted or available on the premises on which the sign is located; 3. Signs placed on any curb, sidewalk, post, pole, elearoller, hydrant, bridge, or tree except official public notices as posted by a public officer; 4. Signs which are placed in any public right-of--way except publicly owned signs, trafftc control sigQals, directional sigps, and signs which direct and guide trafftc and parking on private property but bear no advertising matter; 5. Signs which restrict vision within any public right-of--way; 6. Off-premise signs; and 7. Flashing li~ts or strobe lights of any color. 2-415 D FEES All foes for permiried signs by this Ordinance shall be the same as outlined in the fee schedule far buildings of the Uniform Building Code (Ord. 430, 4-2-84). *:* TOTAL PAGE . D2 ~~~ ~i i r yr MItKIUIHIV _ "Hub ofr;easure Valley' .. _. Idaho Meridian, Idaho 83642 888-4433 «,..r,._~.. DATE: 8/24/99 T0: CITY OF MERIDIAN JOR: 114.200 - OIPEP.N ACCOU`dT: ID IND. BANIZ AMOUNT: $100.00 FOR: DEBBIE ANDERSON Order No. Name ~ / Date ~/~G~G ~~ ~ Z 7 ` ~ y J Address ,6528 ~~~ ~ t'.~ 7~ 7 Q C~ ,/ Phone: J ~ U - L `f'O~ SOLD BY CASH C ~L.D CHARGE Orv ACCT. ~ ~ "~9DSE. RETD PAID OUT ~~ ~ I i I C ' ~~~YU I /~ I I I I I I ' C~i~~i%~iV~ ~ I I I i I ~ ! ~ I i I O 3g2o Z I I All claims and returned go ods MU T be accompanied by this bill. 4 TAX --~- Recei 0 010 7 3 ~ Tf~~:~ L a`% ~sl- GS-202-2 V A PRINTED IN U.S.A. ,J P"~"reo wn" ~ ~ Q SOYINK - C`./yttAriKJ 6LU ~~IJ~JaOO ®f ~~ 6528 SUPPLY WAY • BO1SE, 1DAH0 83716 ~D~~~~c ~, (208) 338-9401 • FAX (208) 338-9409 PAY ONE HUNDRED AND 00/100 DOLLARS CHECKNO.039202 DATE: g/24/99 ~ 100.00 U.S. BANK HILLCREST BRANCH 1515 SOUTH ORCHARD BOISE. IDAHO 83705 92-372 / 1231 PAY TO THE ORDER OF CITY OF MERIDAAN MP 1; MERIDIAN CITY COUNCIL MEETING: ~~ /~ Cr APPLICANT:. f~ r?-c~ w~~~_. -.~ ;'~ ~.~ / ; L~ - / AGENDA ITEM NUMBER: ~ REQUEST:_~J''". ~`1' ~ ~~ ~~: ~i~ .,~`t G~~=~''tiGC.~ ~- ~ /->7 c~r~. 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: ~ ~~ ~` ~~ ,r,S ~' ^ ~~ ~~ ~~~s ~,' ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ f 6528 SUPPLY WAY, BOISE ID. 83716 (208) 338-9401 • FAX (208) 338-9409 June 1, lyyy To: City of Meridian City Council Members Re: Electronic Message Center Discussion Dear Members of the Council, Dc~--t- ~'e~~r fis ~"arm # lib--l It is our understanding that you will be discussing tonight whether or not to allow signage in the city which would incorporate an electronic message center. The confusion as to whether or not to allow this type of signage seems to revolve around two issues: 1) The section of ordinance which prohibits signs with "flashing lights or strobe lights of any color" and 2) the city's dislike of signs such as the one found at Texaco station at Eagle and 184. We ourselves, are currently requesting the approval of a sign with an electronic message center for the new Idaho Independent Bank located on First Street across the street from the new Generations Plaza. In order to appreciate the difference in the sign we propose as compared to some of the signs you may be familiar with, it is important to explain some technologies. Message center signs are illuminated in one of'three ways. The most common is with incandescent bulbs which range anywhere from 5 watts per lamp all the way up to 50 watts per lamp. The signs currently found in Meridian on the 184 corridor such as the Texaco and the Meridian Ford would be in the 30-50 watt range. A fluorescent "flip type" system can also be found primarily on "time and temperature" units and it emits very little light. However, the technology is quite old and therefore they are primarily being replaced by LED systems which are more reliable and flexible. LED type systems also emit very little light and are available typically in either red or amber. We are requesting an amber colored system for the bank. The equivalent light from the LED would approximate that of a 5 watt incandescent system. Messages, too, can be delivered to the screen in various ways. It is true that these systems have the ability to "flash" messages. Our client has agreed to not use this method of display but will rather "scroll" messages. We believe that this compromise places us in compliance with your ordinance, a section of the ordinance which we feel was probably intended to prohibit signs of the "Las Vegas" or "Fifties" style which relied heavily on flashing strobe lights and neon. The sign we propose is nothing like this. It will be used, certainly, to display information on bank offerings as well as time and temperature. Just as importantly, the bank wishes to be a part of; and contribute to, the community. To this end they have agreed to allow the use of this sign to advertise local city and school events. Thank you for your time and consideration. Sincerely, r~ '/~!, '~eborah Anderson /DAHO electYic S/GNS iNC. Account Executive !~ Toward a Better Understanding of Message Centers Because the communicative medium of electronic signage is relatively new, a number of questions have quite naturally arisen relative to its use in the environment. In general, electronic signs are subject to the same land or property use standards which apply, in any given community, to all sign subject to public view. These standards typically seek to impose some degree of order and communicative balance to sign systems which serve public need. To this end, some types of signs may be favored over others depending upon prevailing community preferences and attitudes toward individual sign types. The following question and answer format is intended to provide some means to allow community planners, legislators and other interested persons judiciously to evaluate the positive role that electronic signage can play in providing a high degree of communication, information, direction, and aesthetic appeal to most communities. Q. What exactly is an Electronic Changeable Message Sign? A. An Electronic Changeable Message Sign is an electrically activated sign whose message content, either in whole or in part, may be changed by means of electronic programming. Q. How do Electronic Changeable Message Signs work? A. Electronic Changeable Message Signs display messages on a display surface comprised of a number of "pixels" not unlike the display surface of a modern graphic computer. Currently, these "pixels" typically consist of either incandescent lamps, reflective disks, light emitting diodes (LEDs), liquid crystal components (LCDs), neon or plasma light segments, or various combination of the above. Under the control of a computer, the "pixels" on an Electronic Changeable Message Sign can be energized to display messages in alphabetic, graphic, symbolic, or pictorial modes. Current technology can also provide for display panels of partial or full color capability, by means ofultra-sophisticated computer programming capable of blending primary color "pixels" into partial of full color pictographs. Q. Who can use Electronic Changeable Message Signs? A. Electronic Changeable Message Signage can be used in any public or private institution or commercial business enterprise which has the need to transmit timely information to motorists or pedestrians. Current technology allows the use of Electronic Changeable Message Signs both indoors and outdoors and in extremes of all weather or meteorological conditions. Q. Are Electronic Changeable Message Signs permitted under the Federal Highway Beautification Law? A. The Federal Highway Beautification Law, which regulates outdoor advertising on interstate and federal aid primary highways in the U.S.A. specifically allows for Electronic Changeable Message Signs advertising activities conducted on the property on which they are located. Q. Are Electronic Changeable Message Signs considered "flashing" signs? A. No. Typically a flashing sign is a sign which seeks to attract attention to itself or its fixed message by means of a sequential or intermittent display of light. In this context, the flashing made of operation is employed primarily as an attention arresting device. Electronic Changeable Message Signs also utilize a sequential display of light, but only as a means to r effectuate changes in "pixels" configuration on the display background. This sequential action usually involves certain individual "pixels" being turned off, while other individual "pixels" are turned on, which results in the message change. True flashing, on the other hand, would involve the action of rapidly turning the same "pixels" on and off. Although true flashing can be made part of the program of an Electronic Changeable Message Sign, it is not central to the operation of the medium. Thus, in its primary role of providing changeable information, the Electronic Changeable Message sign should not be considered a flashing sign. Q. Do Electronic Changeable Message Signs cause traffic accidents? A. No, Electronic Changeable Message Signs do not cause traffic accidents. A number of empirical and theoretical studies have been conducted by various research and academic organizations in an effort to determine if any casual relationship exists between the presence of roadside signs and traffic safety. Not only has no casual relationship been found, but a number of researchers and qualified observers have actually concluded that the presence of signs may actually serve to heighten a motorist's attention, and thereby make a positive contribution to traffic safety. In an exhaustive study relating to Electronic Changeable Message Signs entitled "Safety and Environmental Design Considerations in the use of Commercial Electronic Variable Message Signage", the conclusion was made that "...under routine driving conditions, there is little, if any, correlation between driving performance and the presence of roadside advertising signs." Q. Are Electronic Changeable Message Signs effective? A. As a medium of communication, Electronic Changeable Message Signs have been found to be one of the most effective information and/or advertising mediums available. For public service institutions and small business particularly, both of which must operate with limited resources, the measurable impact of the use of Electronic Changeable Message Signs to inform or to advertise has been uniformly outstanding. Typical reports from commercial usage indicate increases of twenty to thirty percent in the sale of products or services promoted through the use of Electronic Changeable Message Signage. Similarly, public service and civic institutions have experienced considerable increases in public awareness and response to programs and events advertised by means of Electronic Changeable Message Signs. Q. Can Electronic Changeable Message Signage harmonize with community standards? A. Electronic Changeable Message Signage can generally be custom designed to accommodate any community or architectural environment. Although the provision of timely information is the primary purpose of the medium of Electronic Changeable Message Signage, aesthetic harmony with existing or planned landscape and environmental conditions is of equal importance to the design of the graphic display itself. In addition, because of the inherent capability of Electronic Changeable Message Signage to display more than one message, the environmental clutter resulting from the use of numerous signs, each displaying only one static message, can frequently be eliminated. f _~, ~--,.~ T/ME-O-Mi4T/C~~ Since 7932 ~~ ~;. ~r,~~;, ~~ ~.~. O V ~O ~o 2 Q O 0 0 o ~ I~ ~ ~ ~. _ r I ~ ~ ,. ... - i ~AGEa~~ -- ----~ ~~ ~~ P~ ~~ P~rr ~~ ~~ 8x64 MATRIX 10"/1 1"CHARACTERS SINGLE LINE LED MESSAGE CENTER ~~ ^~ ^~ ~~~ 0 -- i~• 1'-loll ~; ~1~ SIDE VIEW DOUBLE FACE INTERNALLY ILLUMINATED PYLON SCALE 3/8" = 1'-0" MAIN ID CABINET: FABRICATED FROM SHEET METAL, PRIMED & PAINTED STUCCO FINISH (BenjMoore # ) 2" x 3" MOLDINGS PRIMED & PAINTED DARK GREEN (DuPont #GS ). FACE: 3/76" WHITE PLEX DECORATION: COPY IS REVERSED IN GREEN TRANSLUCENT VINYL (230-)WITH BURGUNDY UNDER /OVER LINES (230-49) BORDER LEFT WHITE. ILLUMINATION: 800 MA FLUORESCENT LAMPS, UL LISTED. MESSAGE CENTER: (DOUBLE FACE) L2100 LED-COMM AMBER MESSAGE CENTER, 1 LINE 10" / 11"CHARACTERS, 8x64 MATRIX. TENANT CABINET: FABRICATED FROM SHEET METAL, 1"MOLDINGS, PRIMED & PAINTED STUCCO FINISH (BenjMoore # ) FACE: 3/16" WHITE PLEX. DECORATION: TRANSLUCENT VINYL, VARIOUS COLORS. ILLUMINATION:- 800 MA FLUORESCENT LAMPS, UL LISTED. POLE COVER & BASE: FABRICATED FROM SHEET METAL, PRIMED & PAINTED STUCCO FINISH (BenjMoore # ). SUPPORT; EXISTING 8" STEEL POLE. REVISION 3/19/99 REVISION 2/17/99 LED MESSAGE CENTER ADDED. MAIN ID CABINET RE-SIZED FROM 4'-6" x 9'-0" TO 4'-0" x 8'-0", CLADDING ADJUSTED, END-CAPS ADDED TO MESSAGE CENTER, ATM CABINET ENLARGED TO REVISION 2/18/99 ACCOMMODATE TENANT PANELS SHEET METAL BASE ADDED, POLE COVER SIMPLIFIED, REVISION 4/1/99 CO O DRAWN BY: (~~Ue SKETCH #7250 SALES REP; D.A. FILE; Steve C;\JOBS\IDAHOIND.PLT MAIN ID PY N W REVERSED IN DK, GREEN BACKGROUND. ®~ IIDAH®~~e~t-°®~ IIGOf cowrzlGHr ~ t 9e9 ,~I"'s AN °"`Da"SHED DPAWI"'DESIGN sUBMRIED CUSTOMER: IDAHO INDEPENDENT BANK THFCOLOaSDFPICTEDIN7H19DaA`MNGAaETO FOR VOUR PERSO~uL USC IN CONNECnoN WRH A ASSISI YOU IN VISUALILNG OUR PfEOPOSAL AND PROJEO~ BEING PUNNED FoR you av IDAHO Etecmlc LOCATION; MERIDIAN nnAV NoT NwTCH AcTUa. COLORS usED oN THE SIGNS INC. AND IS NOi TO BE REPRODUC[D. COPIED OR ..,~.~~..... ,.~ ,.....,.~~ ~~,..~,. m. ~..~,. ,.,..~...~ ................~ FINISHED DISPIAV 6~1 8 0 61I CABINET & MESSAGE CENTER L 6'-0" TENANT CABINET _ I r