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Request for Reconsideration (2)
City Clerk, City of Meridian Meridian, Idaho, 83642 Todd Mendel Primerica 1640 W. Cherry Lane, # 100 Meridian, Idaho, 83642 Dear Sir, RECEIVEjj JUL - 31001 CITY OF MERIDIAN CITY CLERK OFFICE This correspondence and package is a request for reconsideration by the City Counci 1 of their upheld decision of the Planning Department to deny our permit for our existing sign at the aforementioned address. Prior to final approval of their decision, slated for the July 10'h Council agenda, we request reconsideration based on the following reasons stated below: l . The interpretation by the Council at the June 26`h Hearing, of the UDC section reflects that 9% of wall space is allocated for tenant signage, where a freestanding sign is available on the property, with or without the tenant using that sign; versus the 18% allocation as indicated in the code for those that don't use or have a freestanding sign. This was described as the "intent" of this code section by Council members. So rather than rely on the 18% allocation, we were unable to pursue supporting documentation of compliance within the 9% rule, which has subsequently been achieved, and not previously presented to the Council. This documentation shows that the Primerica sign does meet the code as interpreted. 2. This package further addresses the Council's assertion of a 9% rule within the UDC section in question, and summarily shows community businesses approved by City Planning Department for signs, that are in violation; thereby setting Community Standards indifferent to the 9% rule. 3. Also, during the Public Hearing of June 26'h, it was brought up by the Director of the Planning Department, that our sign was impeding the business of other tenants, "BIBS", and that of "Preferred Physical Therapy" in suites # 110, and # 120 respectively. It was our intention at that hearing to address matters concerning the denial of our sign permit by the Planning Department. It was not our intention at that hearing to address the legal question of landlord -tenant rights to negotiate signage as part of their lease negotiations. Therefore, we would like to bring forward supporting documentation reflecting our negotiated exclusivity and rights over the entire storefront wall space on which our sign is located for the entire duration of our lease. This authorization was given before "BIBS" became a tenant, and has been upheld by the landlord, who has not yet violated this agreement in any way. Additional documentation from "Preferred Physical Therapy" will show that in their opinion we have had no effect on their business, as they have procured signage on another part of the building through their own landlord -tenant arrangements. This too, was unable to be addressed at the previous Public Hearing of June 26'h, because it was not expected to be of any merit on the decision for the denial of our sign by the Planning Department. 4. Finally, to preclude the appearance of discrimination or selective enforcement against our Company, myself, and/or place of business, for the denial of our sign permit, we address the community standards of approved signage throughout the City, and the review of additional pertinent information cited above. This too, could not be brought up at the Public Hearing of June 26`h, because this could not be a concern, until after the Council's decision was rendered. All of these reasons support the requested reconsideration by the Council, prior to their final ruling on 4the*ecision at the July 100i Council meeting. you Mende .e Presi ent Primerica Financial Services A Citi Company u M REQUEST FOR RECONSIDERATION OF CITY COUNCIL CONCERNING DENIAL OF SIGN PERMIT FOR PRIMERICA, LOCATED AT 1640 W CHERRY LANE, MERIDIAN, IDAHO. (APPLICANT: TODD MENDEL, REPRESENTING PRIMERICA) Addressing the issue of wall space allocation as interpreted by the City: In order to obtain a sign at this site, the lessee must first obtain landlord approval -which was subsequently achieved during our lease negotiations in March 2006, followed by the required visual displays of proposed signs. Next, in checking with the "Cherry Crossing Shopping Center" sign program, the lessee would then meet the requirements of that plan.We are a "trademarked" company, therefore under section B-1 are therefore exempt from sign height restrictions as long as it meets with City Code, along with gaining landlord approval; section A-1, and D-3. In then reviewing the City Code, UDC section 1 1-313-9-pars 3, "Wall signs are permitted in any number, location, or orientation, except toward an adjoining residential property, provided that the total square footage does not exceed 18% of the wall face upon which the sign is placed, or 9% of the wall if combined with a freestanding sign on the same lot. " This section can be interpreted that if the company does not have a "combined" sign on the freestanding sign, they would be allowed 18% of the wall face. The Council in its Public Hearing of June 26"' indicated that it was the "intent" of this section to allow 9% if a freestanding sign existed on the same lot, whether a company had advertising on it or not. Attachment IA. includes a report from Engineering Structures Inc, a Boise based firm, who was contracted to exact our allotted sign space with this "intent" of a 9% maximum from the aforementioned Code. Their findings summarily discovered that our sign met the code under this definitive "intent" of the code and that six other approved signs by the Planning Department in our complex alone failed this same code restriction. We would suggest that all signs within this shopping center must meet the 9% wall space requirement, due to the availability of freestanding signs within the complex. The following signs approved by the Planning Department include "Evergreen Chiropractic" on the southern wall face, and "Preferred Physical Therapy" on the eastern wall face, which failed this space requirement. Throughout the rest of the Shopping Center; "Planet Beach" southern wall face, "Glamour Nails", eastern wall face, "HealthNuts", southern wall face, and "Doggie Day Spa", eastern wall face, all exceed this standard, and all have the Planning Departments approval for their signs. Outside of this complex, throughout the City of Meridian, this standard is not being met as proven by the list of businesses in Attachment 2A. This does appear, that our company's denial of a sign permit, where numerous others have been granted, is inappropriate based on this requirement, specifically since we meet the requirement. The other requirement cited by the Planning Department as in violation by our Primerica sign, was UDC section 1 1-1 A-1; the definition of an off premise sign; "A sign that is not related to the property upon which it is located or to the activity conducted thereon. " We are the single largest tenant of the building with 2500 rentable square footage, with Evergreen Chiropractic using 1625 square feet, Preferred Physical Therapy with 1625 square feet, and BIBS with 750 square feet. This makes up the 6500 total rentable square footage of our building. We are obviously related to the property for which our sign is displayed, and whereas we conduct business activity thereon. In the Public Hearing of June 26 h, we addressed this definition, showing and citing numerous City of Meridian businesses with approved signage that wasn't displayed directly over their entranceway, and even over that of being over other business entrances, or interior walls. 3. As further stated in our reasons for reconsideration by the City Council, our intention at the Public Hearing of June 20h, was to specifically address the aforementioned UDC sections allegedly being violated by our sign, and not deal with the landlord -tenant negotiations of their lease agreements, and the rights of the landlord -tenant in negotiating for signage as part of their agreement. Our lease agreement must fall within a stated purview as dictated by our Home Office in Georgia, to include how it is held, what signage is approved, and personally secured by the Vice President of that office. U 1 ./ As indicated in attachment 3A, supporting documentation provided by the landlord of this complex, Mr. Charles Story of Stormer LLC; prior to entering into our agreement with him, we secured the rights of the space for which our sign is now displayed, for the full duration of our lease. How is it then that according to "BIBS", the Planning Department has approved them for a sign in that location, without landlord approval in accordance with the "Cherry Crossing Shopping Center" sign program, or having negotiated with Primerica for use of that space? Our agreement was made nine months prior to BIBS even becoming a tenant of the complex. BIBS has in fact displayed signage on the freestanding sign of the complex, their frontage windows, as well as in the physical parking lot of the complex. In response to the previously alleged disruption of business for "Preferred Physical Therapy" in space #120, we've obtained supporting documentation from them, reflecting no disruption from our negotiated signage. Attachment 4A. 4. I sincerely feel that my business "Primerica" deserves the same accepted Community Standards for signage as other businesses in the community, and that our denial of a sign permit be of violations of the UDC not otherwise allowed for approved signage of other businesses, especially in the amount of businesses cited or shown through supporting documents. We are a subsidiary of Citigroup, a Fortune 500 company, and a direct representative of that company, which is the largest financial services company in North America. Primerica operates in all fifty US States, Canada, Puerto Rico, the United Kingdom and Spain. Our Primerica office in Meridian meets the State's authority to conduct business in mortgages, lines of insurance, and Federal authority to conduct investments as authorized by the NASD. I respectively submit that we be allowed to work within the community standards and not be singled out for enforcement of the UDC, for which we contend we are in compliance, where others are not. n you for yo reconsideration, odd Mendel Senior Vice Pres dent Primerica Financial Services A Citi Company cat GENERAL CONTRACTORS InCONSTRUCTION MANAGERS 12400 West Overland Road ■ Boise. Idaho 83709 Phone (208) 362-3040 ■ PAX (208) 362-3113 www.esiconstruction.com ALASKA: License #27938 Mr. Todd Mendel ARIZONA: ROC132139, class B-01 Primerica Financial Services 1640 W Cherry Lane, Suite 100 ARnn ESI ConstructiooMa n Management LLC Meridian, ID 83642 License #0139340407 CALIFORNIA: Mr. Todd Mendel, dba Idaho ESI, Inc. License #696242 Per your request on June 28`h, 20071, Brian Kane, Construction Project Manager, representing COLORADO: Certificate of Authority our company, has completed the survey of "Cherry Crossing Shopping Center", located at 1640 W. Cherry, in Meridian, Idaho. This survey consists of area calculations for storefront and sign RCE-3 08 Public Works license #1 1288-AAA-3 elevations within the building complex containing an existing tenant sign. This report was prepared for presentation to the Meridian City Council, or any subsequent judicial review. INDIANA: dba ESI Construction Co. Certificate ofAuth" As a Construction Project Manager for Engineered Structures, Inc., 1 am personally in charge of construction for large commercial buildings. Some examples of work our company has performed IOWA: License#90021-06 in Ada and Canyon Counties includes Kohl's, Home Depot, Fred Meyers, Edwards 21, Treasure Valley Shopping Complex, Karcher Mall Renovation, KANSAS: and many others. Our company is extremely knowledgeable in calculating storefront elevation Certificate of Authority area and as it relates to individual city code. ID #3697455 KENTUCKY: Per your instructions to use a nine percent (9%) maximum allowable percentage of the available dba ESI construction co, Inc. Certificate ofAlrthorry surface area of wall space of each tenant's storefront elevation, as a pass/fail and a common denominator for all tenants. This is using direct interpretation of the following City of Meridian LOUISIANA: UDC section: License #42326 MINNESOTA: Certificate of Authority Under UDC- 11-3D-9D3, planned sign program standards, "W all signs are permitted... Corporate Charter #1611179-2 provided that the total square, footage does not exceed 18% of the ivall face upon which MONTANA., the sign is placed, or nine percent of the trall if conihined with a freestanding sign on the ". License#11367 sane lot NEBRASKA: ID#24-7077203 For the purpose of this survey, we included the glass and glazing area of each tenant storefront NEVADA: as part of the tenant's square footage of the storefront wall space, otherwise all tenants in this complex License #24265, class B would fail the nine percent rule. The following results are hereby submitted: NEW MEXICO: dba ESI Construction, Inc. Primerica Signage and Storefront: License #88125 NORTHDAKOTA: The surface area of the storefront elevation wall face and Signage is calculated using three separate interpretive License #21246, class A calculations: oonAHction Calculation According To Code: dba ESI Construction Co., Inc. to#619%8 Three dimensional surface area is 837.7 square feet including the outcropping g overhang western face. The existing Primerica is OREGON: sign a total of 46 square feet, which is 5.5% of leased storefront wall space. dba Engineered Structures, Inc., a Corp. Alternate I - Subtracting Western Face although less than code allows: OUTHDAKOCB#77160 SOUTH DAKOTA: One dimensional total is 791.6 square feet, showing only southern frontage view, without License #73-018140-ET-6 consideration of the western face of the outcropping overhang, of which the Primerica Tom' sign is a total of 46 square feet, which is 5.8% of leased storefront wall space. (This dba ESI Construction Co. ID#3-01159-7686-9 second calculation was made at your request, even though you have shown proof of leased rights of the overhang UTAH: License outcropping of the building as storefront elevation) Alternate 2: Subtracting Overhang Outcropping,although less than code - #2459%-5501, class 8-1oo WASHINGTON: allows The third view is the immediate storefront and western outcropping overhang, excluding the leased storefront space in the License#ENGINSI152K2 middle of the building. The surface area excluding the south face of the overhand is 531.35 WISCONSIN: Corp#4138343 square feet, and the Primerica sign occupies 46 square feet, or 8.7% of leased storefront wall space. This also passes the 9% rule. (This third calculation was made at request, WYOMING: your even though you have shown proof of leased CID #1985-00229069 "Experience... Service... Integrity" Ala,4i7p ?,�- 14 rights of the overhang outcropping of the building as storefront elevation) Based on our calculations, it is the opinion of this survey that the Primerica sign specifically meets both the 18% and 9% maximums, however interpreted by the City. Summary of other tenants within "Cherry Crossine Shopping Center": Evergreen Chiropractic: On the Southern wall sign the existing wall face area of the storefront elevation for the Southern wall is 508.13 square feet. The southern wall sign is 48.13 square feet, which is 9.5% of leased storefront wall space. This sign fails the 9% rule. Evergreen ChiropracticlPreferred Physical Therapy: The eastern wall sign has wall space of 1084.29 square feet of surface area. There are two signs on this wall, one of Evergreen Chiropractic, whose entranceway is on the South/East corner facing South, and whose interior occupancy follows the total length of this wall. Preferred Physical Therapy is located in Suite #120, in the middle of the southern building and around the around the corner. Not knowing the lease arrangements between tenant and landlord, for this signage; in splitting the two directly in half for the wall space area on the Eastern Wall, Evergreen Chiropractic and Preferred Physical Therapy would each be allowed 542.15 square feet for their respective signs. Using this determination, Evergreen Chiropractic passes the 9% rule, with a total sign square footage of 45.84 square feet, or 8.45%. Preferred Physical Therapy fails the 9°/6 rule, with a total sign square footage of 61.20 square feet, or 11.29% of the available wall square footage. Planet Beach: Southern wall area is 457.24 square feet, and their existing sign occupies 44.14 square feet, or 9.65% of wall space, thus failing the 9% rule. Health Nuts: Southern wall area is 536.48 square feet, and their existing sign occupies 106.85 square feet, or 19.92% of wall space, thus failing the 9% rule. Doggie Day Spa: Eastern wall area is 603.94 square feet, and their existing sign occupies 55.63 square feet, or 9% of wall space, thus failing the 9% rule. Glamour Nails: Eastern wall area is 511 square feet, and their existing sign occupies 54.7 square feet, or 10.7% of wall space, thus failing the 9% rule. Rossias Coffee House: Eastern and Southeastern facing storefront wall area is 1043.15 square feet, and their existing sign occupies 72 square feet, or 6.9% of wall space, thus passing the 9% rule. This is also a 3 dimensional wall square footage calculation, due to the outcropping of their southeastern facing wall. Lotus Hair Spa, Pizza Hut, and Total Womens Fitness Center all passed the 94% rule, based on total square footage of their respective storefronts. In conclusion, it is the determination by the author of this survey that if a 9% maximum square footage is allowable, due to the existence of freestanding signs within the complex, six of the twelve business signs examined failed to meet this standard, of which Primerica was not included. Respectively submitted, Brian M. Kane Construction Project Manager Engineered Structures Inc. 12400 West Overland Road, Boise, Idaho, 83709 Telephone: (208) 484-5878 47�dMC�� �4 I-- /Y� c4l�f - � 4 ., ` f� ;+rtl+ki �' r #.� *., r ,µyUt�W.�..wa:;•M . F-P a 4- 7z'�r� 1 ?'k" x 712 r: f©jai 5G"Y'C P 4 Z j�.��}Z = �'37 i z �. �. 33 � x 1 • q17 7 — L DT 5; 3 ��E A(?Qrria"te Z -1-11.13Ps Ate, s-1 4ed ere v,als�r �,� rcwa,,S qeera, Over �gY D��cno tv� yz "F x TZ„= 3oc.35 -,,t, Q1A11 9�1c< t5� Fci T4 e 5,—, i:;)rs5eJ 44e- 1hMrlprpw fkrt 9 Z r) � - 9� PRI ERKAJ' The5G 5)'Jos cI,`cl o, 4- In N, 91,r 'w +paw s 4 wo 4 SSLf WASH GRanw' mo r i 4ir:•�, %4/fic/xwe,-/-, /FF P�6�W,4- 14 ""W 9 °1- f sad 7 �`ioPP%n� Coe. y lex --ree. 5-) �hs�5 M, ckxw f l# ATTACHMENT 2A The following is a list of businesses that represent a sample of business signs allowed by the City of Meridian on an approximate 4 mile stretch of Fairview and Cherry from Linder Road to Eagle Road in Meridian. Exact measurements were not contracted, but visual inspections of each storefront and sign clearly indicates potential failure of the 9% rule of the vertical storefront and allowable square footage of each business. In a 4 hour visual survey of the aforementioned street, 30 additional businesses, excluding the 6 measured in our complex, appear to fail this rule. Many more businesses were also sighted, but not as visually apparent as those listed. Mentally, fitting I I of their existing sign visually within the storefront as a whole was the rule of thumb for these examples. All of these complexes have freestanding signs on the premises. Photos of most of them are attached. Jackson -Hewitt 1815 W. Cherry H3 Pet Foods 1801 W. Cherry Great Clips 1751 W. Cherry Movie Gallery 1723 W. Cherry Pier 49 Pizza 1551 W. Cherry # 102 The following businesses at 70 E Fairview Complex (Cherry Plaza) Liquor store Little Ceasars Rehab Authority Nutrition West Fast Bucks The following businesses at 519 E. Fairview: Money Tree Avante Nationwide Insurance Cricket Mongolian Barbecue The following businesses at 2100 E. Fairview: Premier Signs Getsum Olsen Gallery and Gifts The following businesses at 1580 W_ Cherry: Embroidery Cottage Meridian Computer Center The following businesses at 1629 Main: (Corner of Fairview) Hepper Homes Corona Village Bermuda Tan "Affordable Flooring" at 3055 E. Fairview "PayDay Loans" at 189 E. Fairview "Cleaners" at 189 E. Fairview "Pizza Lovers Take and Bake" in the Fred Meyer Shopping Center "Famous Footwear" and "Game Stop" at 3355 Eagle and Fairview. "Sports Clips and Cuts" at 1540 E. Fairview �O N C � col ----- (ry` O r• N N • O i a W f l Rif I.11 , It + r.l � ,' O r �� 1 i rr. g;; p 1 10 q 4,ffa 24- Charles Story Dba Stormer LLC 4565 West Quail Ridge Drive Boise, Idaho, 83703 208-344-8630 June �71', 2007 To Whom it May Concern; Due to the ongoing dispute for signage at 1640 Cherry Lane, Meridian, Idaho, 83642, I am submitting this documentation to restate my contractual position with Primerica. In March, 2006, as a condition of the lease agreement with Todd Mendel (Lessee) dba as Primerica, I agreed to assign the entire wall front middle portion of the building, facing South to Todd Mendel, dba Primerica, for the entire term of his active lease. This assignment of signage rights to Todd Mendel, dba Primerica, is for his use to obtain and maintain signage for his business, or to retain control for future use. By doing so, I have made no contractual, verbal or written, with any other tenant to procure signage within stated wall space as a condition of their lease agreement with me. Upon obtaining possession of their rental space, Primerica erected a sign within their allotted space, which was subsequently denied by City Planning, however Primerica still retains the right to said space contractually, and may elect to bring their sign within City compliance, or remove their sign and reserve the exclusive right to the space for future use. Any other use of that space must be entered into with the express approval of Todd Mendel and Primerica. State of Idaho) County of Ada ) On this 2nd day of July, 2007, before me, the undersigned, a notary public in and for said state, personally appeared Charles Story, known to me to be the Owner of the Corporation that executed this instrument and the person who executed the instrument on behall' of said Corporation, and acknowledged to me that such Corporation executed the same. In witness whereof; I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public � �.�� Oy°•�. Residing In : Residing at Boise, Idaho ••`,' +'• Expires: -- Commission Expires: 2/28/2008 �4 �. Jf �r�'•e ,0 �•��e.�� ♦ems' F'•Ot6Y/FF FDi�b LMM Dr. Matthew Hales 1640 W Cherry Ln. Meridian, ID 83642 July 2, 2007 I am the lease holder for the suite #120 1640 W. Cherry Ln. Meridian Id 83642. This suite is occupied by Preferred Physical Therapy. To my knowledge the Primerica sign on our building has not created any known business loss to this business. I have negotiated my own signage with the Landlord. I am satisfied with the current signage. Matthew Hales D.C. 4ffi6Zx't'I1 �� Page 1 of tmendel From: "Bill Nary" <naryb@meridiancity.org> To: <tmendel @cableone. net> Cc: "Sharon Smith" <smiths@meddiancity.org>; "Tara Green" <greent@meridiancity.org>; "Anna Canning" <canninga@meridiancity.org>; ' WWI Berg" <bergw@meridiancity.org> Sent: Wednesday, June 27, 2007 6:22 PM Subject: RE: Appeal to City Council Decision of June 26th Mr. Mendel, You can request that the Council re -consider your appeal. You will have to snake that request in writing. it is a discretionary decision of the Council to grant re -consideration. You would have to include in your request a reason that would cause them to want to review this matter a second time. That usually means you would have to raise some issue that was not addressed originally with a reason why it could not have been raised in your original hearing. The findings and order denying your appeal will be on the Council agenda for final action on July 10th for their final approval. If you want your request re -considered you will have to have a written request to the City Clerk by July 5th. After the decision is final the only appeal at that point is to District Court. You may want to hire Counsel to assist you if that is what you choose to do. BM iV aly f» Gi1y ofMcridia� 703Malu Slrect llcridiarl, ID 83642 208.898.5506 or 208.898,5503 (office) 208.884.8723 (fax) From! Will Ram City Clerk, RECEIVEDCity of Meridian Meridian, Idaho, 83642 JUL 3 2007 Todd Mendel Primerica CITY OF MERIDIAN 1640 W. Cherry Lane, # 100 CITY (-I F R K n r i= I r: Meridian, Idaho, 83642 Dear Sir, This correspondence and package is a request for reconsideration by the City Council of their upheld decision of the Planning Department to deny our permit for our existing sign at the aforementioned address. Prior to final approval of their decision, slated for the July 10`h Council agenda, we request reconsideration based on the following reasons stated below: 1. The interpretation by the Council at the June 26th Hearing, of the UDC section reflects that 9% of wall space is allocated for tenant signage, where a freestanding sign is available on the property, with or without the tenant using that sign; versus the 18% allocation as indicated in the code for those that don't use or have a freestanding sign. This was described as the "intent" of this code section by Council members. So rather than rely on the 18% allocation, we were unable to pursue supporting documentation of compliance within the 9% rule, which has subsequently been achieved, and not previously presented to the Council. This documentation shows that the Primerica sign does meet the code as interpreted. 2. This package further addresses the Council's assertion of a 9% rule within the UDC section in question, and summarily shows community businesses approved by City Planning Department for signs, that are in violation; thereby setting Community Standards indifferent to the 9% rule. 3. Also, during the Public Hearing of June 26th, it was brought up by the Director of the Planning Department, that our sign was impeding the business of other tenants, "BIBS", and that of "Preferred Physical Therapy" in suites 4110, and # 120 respectively. It was our intention at that art negotiate signage as part of their lease negotiationsme hearing to address matters concerning the denial of our sign permit by the Planning De to It was not our intention at that hearing to address the legal question of landlord -tenant rightsnt. e . Therefore, we would like to bring forward supporting documentation reflecting our negotiated exclusivity and rights over the entire storefront wall space on which our sign is located for the entire duration of our lease. This authorization was given before "BIBS" became a tenant, and has been upheld by the landlord, who has not yet violated this agreement in any way. Additional documentation from "Preferred Physical Therapy" ect on their business, as they have procured will show that in their opinion we have had no eff signage on another part of the building through their own landlord -tenant arrangements. This too, was unable to be addressed at the previous Public Hearing of June 26`h, because it was not expected to be of any merit on the decision for the denial of our sign by the Planning Department. 4. Finally, to preclude the appearance of discrimination or selective enforcement against our Company, myself, and/or place of business, for the denial of our sign permit, we address the community standards of approved signage throughout the City, and the review of additional pertinent information cited above. This too, could not be brought up at the Public Hearing of June 20h, because this could not be a concern, until after the Council's decision was rendered. All of these reasons support the requested reconsideration by the Council, prior to their final ruling on 4the*ision at the July loth Council meeting. unde Presi ent Primerica Financial Services A Citi Company REQUEST FOR RECONSIDERATION OF CITY COUNCIL CONCERNING DENIAL OF SIGN PERMIT FOR PRIMERICA, LOCATED AT 1640 W CHERRY LANE, MERIDIAN, IDAHO. (APPLICANT: TODD MENDEL, REPRESENTING PRIMERICA) Addressing the issue of wall space allocation as interpreted by the City: In order to obtain a sign at this site, the lessee must fast obtain landlord approval -which was subsequently achieved during our lease negotiations in March 2006, followed by the required visual displays of proposed signs. Next, in checking with the "Cherry Crossing Shopping Center" sign program, the lessee would then meet the requirements of that plan. We are a "trademarked" company, therefore under section B-1 are therefore exempt from sign height restrictions as long as it meets with City Code, along with gaining landlord approval; section A-1, and D-3. In then reviewing the City Code, UDC section 11-313-9-para 3, "Wall signs are permitted in any number, location, or orientation, except toward an adjoining residential property, provided that the total square footage does not exceed 18% of the wall face upon which the sign is placed, or 9% of the wall if combined with a freestanding sign on the same lot" This section can be interpreted that if the company does not have a "combined" sign on the freestanding sign, they would be allowed 18% of the wall face. The Council in its Public Hearing of June 26u' indicated that it was the "intent" of this section to allow 9% if a freestanding sign existed on the same lot, whether a company had advertising on it or not. Attachment IA. includes a report from Engineering Structures Inc, a Boise based firm, who was contracted to exact our allotted sign space with this "intent" of a 9% maximum from the aforementioned Code. Their findings summarily discovered that our sign met the code under this definitive "intent" of the code and that six other approved signs by the Planning Department in our complex alone failed this same code restriction. We would suggest that all signs within this shopping center must meet the 9% wall space requirement, due to the availability of freestanding signs within the complex. The following s i s gn approved by the Planning Department include "Evergreen Chiropractic" on the southern wall face, and "Preferred Physical Therapy" on the eastern wall face, which failed this space requirement. Throughout the rest of the Shopping Center; "Planet Beach" southern wall face, "Glamour Nails", eastern wall face, "HealthNuts", southern wall face, and "Doggie Day Spa", eastern wall face, all exceed this standard, and all have the Planning Departments approval for their signs. Outside of this complex, throughout the City of Meridian, this standard is not being met as proven by the list of businesses in Attachment 2A. This does appear, that our company's denial of a sign permit, where numerous others have been granted, is inappropriate based on this requirement, specifically since we meet the requirement. The other requirement cited by the Planning Department as in violation by our Primerica sign, was UDC section 11-1A-1; the definition of an off premise sign; "A sign that is not related to the property upon which it is located or to the activity conducted thereon. " We are the single largest tenant of the building with 2500 rentable square footage, with Evergreen Chiropractic using 1625 square feet, Preferred Physical Therapy with 1625 square feet, and BIBS with 750 square feet. This makes up the 6500 total rentable square footage of our building. We are obviously related to the property for which our sin is displayed, and whereas we conduct business activity thereon. In the Public Hearing of June 26 , we addressed this definition, showing and citing numerous City of Meridian businesses with approved signage that wasn't displayed directly over their entranceway, and even over that of being over other business entrances, or interior walls. As further stated in our reasons for reconsideration by the City Council, our intention at the Public Hearing of June 26d, was to specifically address the aforementioned UDC sections allegedly being violated by our sign, and not deal with the landlord -tenant negotiations of their lease agreements, and the rights of the landlord -tenant in negotiating for signage as part of their agreement. Our lease agreement must fall within a stated purview as dictated by our Home Office in Georgia, to include how it is held, what signage is approved, and personally secured by the Vice President of that office. As indicated in attachment 3A, supporting documentation provided by the landlord of this complex, Mr. Charles Story of Stormer LLC; prior to entering into our agreement with him, we secured the rights of the space for which our sign is now displayed, for the full duration of our lease. How is it then that according to "BIBS", the Planning Department has approved them for a sign in that location, without landlord approval in accordance with the "Cherry Crossing Shopping Center" sign program, or having negotiated with Primerica for use of that space? Our agreement was made nine months prior to BIBS even becoming a tenant of the complex. BIBS has in fact displayed signage on the freestanding sign of the complex, their frontage windows, as well as in the physical parking lot of the complex. In response to the previously alleged disruption of business for "Preferred Physical Therapy" in space # 120, we've obtained supporting documentation from them, reflecting no disruption from our negotiated signage. Attachment 4A. 4. I sincerely feel that my business "Primerica" deserves the same accepted Community Standards for signage as other businesses in the community, and that our denial of a sign permit be of violations of the UDC not otherwise allowed for approved signage of other businesses, especially in the amount of businesses cited or shown through supporting documents. We are a subsidiary of Citigroup, a Fortune 500 company, and a direct representative of that company, which is the largest fmancial services company in North America. Primerica operates in all fifty US States, Canada, Puerto Rico, the United Kingdom and Spain. Our Primerica office in Meridian meets the State's authority to conduct business in mortgages, lines of insurance, and Federal authority to conduct investments as authorized by the NASD. I respectively submit that we be allowed to work within the community standards and not be singled out for enforcement of the UDC, for which we contend we are in compliance, where others are not. you for yo reconsideration, odd Mendel Senior Vice Pres dent Primerica Financial Services A Citi Company = -- - I a [1 GENERAL CONTRACTORS ■ CONSTRUCTION MANAGERS 12400 We st Overland Road ■ Boise, Idaho 83709 Phone (208) 362-3040 ■ FAX (208) 362-3113 www.eSiconstruction.com ALASKA: License #27938 Mr. Todd Mendel ARIZONa ROC132139, class B-01 Primerica Financial Services ARKANsue` 1640 W Cherry Lane, Suite 100 ESI Construction Management, LLC MeridianID 83642 License #0139340407 CALIFORNIA: Mr. Todd Mendel, dba Idaho ESI, Inc. #6962 License 2 Per your request on June 28th, 2007 I, Brian Kane, Construction Project Manager, representing Cour Certificate AuoADOdrodry company, has completed the survey of "Che r Crossing Shopping Center", located IDANO. Cherry, in Meridian, Idaho. This survey consists of area calculations for storefront anat 1640 W. RCE-3108 elevations within the building complex containing an existing tenant sign. This report was prepared sign Public works license #11288-AAA-3 for presentation to the Meridian City Council, or any subsequent judicial review. INDIANA: dba ESI Construction Co. As a Construction Project Manager for Engineered Structures, Inc., I am personally in charge of CertificaM of Authority construction for large commercial buildings. Some examples of work our company has performed IOWA: in Ada and Canyon Counties includes Kohl's, Home Depot, Fred Meyers, Edwards 21, Treasure License#90021-06 Valley Shopping Complex, p lex, Karcher Mall Renovation, and many others. Our company is extremely Certificate A S : knowledgeable in calculating storefront elevation area and as it relates to individual city code. ID #3697455Auftft KENTUCKY: Per your instructions to use a nine percent (9%) maximum allowable percentage of the avle dba ESI Construction co, Inc, surface area of wall space of each tenant's storefront elevation, as apass/fail and a common CediCate of Auf r ty denominator for all tenants. This is using direct interpretation of the following City of Meridian LOUISIANA; UDC section: License #42326 Ce� �ofAu Under UDC-11-3D-9D3, planned sign program standards, "Wall signs are Co"rate Charier#1e 611179-2 provided that the total square footage does not exceed 18% of the wall face uponwhichMONIT,Na the sign is placed, or nine percent of the wall if combined with a freestanding sign on the License #11367 same lot". NEBRASKA: ID #24-7077203 For the purpose of this survey, we included the glass and glazing area of each tenant storefront as NEVADA. part of the tenant's square footage of the storefront wall space, otherwise all tenants in this complex License #24265, clams B would fail the nine percent rule. The following results are hereby submitted: NEW MEXICO: dba ESI Construction, Inc. License #88125 Primerica Signage and Storefront: NORTH DAKOTA The surface area of the storefront elevation wall face and signage is calculated using three separate License #21246, des A interpretive calculations: OKLAHOMA. Calculation According To Code: dba ESI Conssinction co., Inc. Three dimensional surface area is 837.7 square feet including the outcropping overhang ID#619968 western face. The existing Primerica sign OREGON: leased storefront wall space. is a total of 46 square feet, which is 5.5% of dba Engineered SM tunes, Inc., Alternate 1: Sublac—ting Western Face although less than code allows: a Corp.of Idaho, OR CCB #77160 One dimensional total is 791.6 square feet, showing only southern frontage view, without SOUTH #7 -01810DAKOTA: consideration of the western face of the outcropping pping overhang, of which the Primerica sign is a total of 46 square feet, which is 5.8% of leased storefront wall space. (This Tom' second calculation was made at your request, even thou dba ESI Construction Co. 1D #3 o11ss 7se6 s rights of the overhang outcropping of the building as storrelfront elevation) you have sho,wn proof of leased urAN: Alternate 2: Subtracting OverhangOutcro in althoughless than code allows: License #24596tissol, class B 100 The third view is the immediate storefront and western outcropping overhang, excluding WASHINGTON: the leased storefront space in the middle of the building. The surface area excluding the Llcense#ENGINS1152K2 south face of the overhand is 531.35 square feet, and the Primerica sign occupies 46 WISCONSIN: square feet, or 8.7% of leased storefront wall space. This also passes the 9% rule. (This Cori)#4138343 third calculation was made at your request, even though gh you have shown roof of leased cID #196s-ooz2soss p °Experience... Service... Integrity" rights of the overhang outcropping of the building as storefront elevation) ALASKA: License #27938 ARIZONA: I Based on our calculations, it is the opinion of this survey that the Primerica sign specifically meets both the 18% ROC132139, class B-01 and 9% maximums, however interpreted by the City. I ARKANSAS: ESI Construction Manag, LLC Management. I Summary of other tenants within `°Cherry Crossing Shonnin� Center" License 40139340407 CALIFORNIA:Evergreen Chiropractic: On the Southern wall sign the existing wall face area of the storefront dba Idaho ESI, Inc. License elevation for the Southern wall is 508.13 square feet. The southern wall sign is 48.13 square feet, #696242 which is 9.5% of leased storefront wall space. This sign fails the 9% rule. COLORADO: Certificate of Authority Evergreen Chiropractic/Preferred Physical Therapy: The eastern wall sign has wall space IDAHO: RCE-3108 of 1084.29 square feet of surface area. There are two signs on this wall, one of Evergreen Public Works license #11288-AAA-3 Chiropractic, whose entranceway is on the South/East corner facing South, and whose interior INDIANA: dba ESI Construction Co. occupancy follows the total length of this wall. Preferred Physical Therapy is located in Suite #120, in the middle of the southern building Certificate of Authority and around the around the corner. Not knowing the lease arrangements between tenant and landlord, IOWA: for this signage; in splitting the two directly in half for the wall space area on the Eastern Wall, Evergreen License #90021-06 Chiropractic and Preferred Physical I Therapy would each be allowed 542.15 square feet for KANSAS: Certificate their respective signs. Using this determination, Evergreen Chiropractic passes the 9% rule, with a total sign square footage of Authority ID #3697455 of 45.84 square feet, or 8.45%. Preferred Physical Therapy fails the 9% rule, with a total sign KENTUCKY: square footage of 61.20 square feet, or 11.29% of the available wall square footage. dba ESI Construction Co, Inc. Certificate of Authority Planet Beach: Southern wall area is 457.24 square feet, and their existing LOUISIANA: I sign occupies 44.14 square feet, or 9.65% of wall space, thus failing the 9% rule. License 442326 MINNESOTA: Certificate of Authority Corporate Health Nuts: Southern wall area is 536.48 square feet, and their existing sign occupies 106.85 square feet, or 19.92% of wall space, thus failing the 9% Charter #1611179-2 rule. MONTANA: I License #11367 Doggie Day Spa: Eastern wall area is 603.94 square feet, and their existin sign g occupies 55.63 NEBRASKA: square feet, or 9% of wall space, thus failing the 9% rule. ID #24-7077203 NEVADA: Glamour Nails: Eastern wall area is 511 square feet, and their existing License #24265. class B sign occupies 54.7 square feet, or 10.7% of wall space, thus failing the 9% rule. NEW MExlco: dba ESI Construction, Inc. License Rossias Coffee House: Eastern and Southeastern facing storefront wall area is 1043.15 #88125 NORTH DAKOTA: square feet, and their existing sign occupies 72 square feet, or 6.9% of wall space, thus passing the 9%rule. This is also a 3 dimensional wall square footage License #21246, class A calculation, due to the outcropping their southeastern facing wall. OKLAHOMA: dba ESI Construction Co., Inc. ID #619968 P + � Lotus Hair Spa, Pizza Hut and Total Womens Fitness Center all passed the 9% rule, based OREGON: on total square footage of their respective storefronts. dba Engineered Structures, Inc., a Corp. of Idaho: OR CCB #77160 In conclusion, it is the determination by the author of this survey that if a 9% maximum SOUTH DAKOTA: License #7 o-Er-6 square footage is allowable, due to the existence of freestanding signs within the complex, six of the twelve business signs examined failed to TEXAS: TEXAS. � meet this standard, of which Primerica was not included. dba ESI Con0115 ruction-7686- co. ID #3-01159-7686-9 U5 Respectively submitted, License #245966-56-5501, class &100 ! WASHINGTON: Brian M. Dane License #ENGINSI152K2 I Construction Project Manager WISCONSIN: I Engineered Structures Inc. Corp#4138343 12400 West Overland Road, Boise, Idaho, 83709 WYOMING: I Telephone: (208) 484-5878 CID #1985-00229069 44"Ov'41( 14 S5*40m T'bK'r C4 (< u k4llo✓1 S Z1 / 11' ��yn .. 9Z _ 73/ 7F"I" x7'Z" 29T, 6 x9 i (r_ 561•1�4x= z76.3 �+Z = To-�al 56l ,y4 fZ 42 76.3-�' f z : 837 7 �4 Z 7-x17= Soo 33T+'z x�•117 _ 7.67 ff' � 7.� y 7 yIV *Z + _______ -------------- �T",K-j �-. J- 6�Y37.7 ^ 5.5540""-f,"4 15 5113Ae,5e 7g1.61 z j4 (442C04�e- Z Amw, S-�4e� prcv�ciN°vtf 4rCci tivlaOr Over�QV15 du4croe :S w 53 7:7 + � 7 - 30 6 r y z5 31. 3 -C f L �9,e �1! viz ��,► X 7►Z ►,= 3o�.3S -�t z �� Ss 41 dowl ol / �-JC4 r *4 �- //�- T�e5e, 5; j�►s ' i-a , led 9 °la Fu le ------------ I% Ira-S Q % T led f �`ioPQ%aS 1-'0t-*V 4x 5 s mckXC4,t l# ATTACHMENT 2A The following is a list of businesses that represent a sample of business signs allowed by the City of Meridian on an approximate 4 mile stretch of Fairview and Cherry from Linder Road to Eagle Road in Meridian. Exact measurements were not contracted, but visual inspections of each storefront and sign clearly indicates potential failure of the 9% rule of the vertical storefront and allowable square footage of each business. In a 4 hour visual survey of the aforementioned street, 30 additional businesses, excluding the 6 measured in our complex, appear to fail this rule. Many more businesses were also sighted, but not as visually apparent as those listed. Mentally, fitting 11 of their existing sign visually within the storefront as a whole was the rule of thumb for these examples. All of these complexes have freestanding signs on the premises. Photos of most of them are attached. Jackson -Hewitt 1815 W. Cherry H3 Pet Foods 1801 W. Cherry Great Clips 1751 W. Cherry Movie Gallery 1723 W. Cherry Pier 49 Pizza 1551 W. Cherry # 102 The following businesses at 70 E Fairview Complex (Cherry Plaza) Liquor store Little Ceasars Rehab Authority Nutrition West Fast Bucks The following businesses at 519 E. Fairview: Money Tree Avante Nationwide Insurance Cricket Mongolian Barbecue The following businesses at 2100 E. Fairview: Premier Signs Getsum Olsen Gallery and Gifts The following businesses at 1580 W. Cherry: Embroidery Cottage Meridian Computer Center The following businesses at 1629 Main: (Comer of Fairview) Hepper Homes Corona Village Bermuda Tan "Affordable Flooring" at 3055 E. Fairview "PayDay Loans" at 189 E. Fairview "Cleaners" at 189 E. Fairview "Pizza Lovers Take and Bake" in the Fred Meyer Shopping Center "Famous Footwear" and "Game Stop" at 3355 Eagle and Fairview. "Sports Clips and Cuts" at 1540 E. Fairview : ? * ^® G \ \ \ 3 @ }) ) w z . , { CL , 2 { O a � �3 • y o c OC"i O N i O 0 O N N 3y -O f t, r O Charles Story •.- Dba Stormer LLC 4565 West Quail Ridge Drive Boise, Idaho, 83703 208-344-8630 June �7th, 2007 To Whom it May Concern; Due to the ongoing dispute for signage at 1640 Cherry Lane, Meridian, Idaho, 83642, I am submitting this documentation to restate my contractual position with Primerica. In March, 2006, as a condition of the lease agreement with Todd Mendel (Lessee) dba as Primerica, I agreed to assign the entire wall front middle portion of the building, facing South to Todd Mendel, dba Primerica, for the entire term of his active lease. This assignment of signage rights to Todd Mendel, dba Primerica, is for his use to obtain and maintain signage for his business, or to retain control for future use. By doing so, I have made no contractual, verbal or written, with any other tenant to procure signage within stated wall space as a condition of their lease agreement with me. Upon obtaining possession of their rental space, Primerica erected a sign within their allotted space, which was subsequently denied by City Planning, however Primerica still retains the right to said space contractually, and may elect to bring their sign within City compliance, or remove their sign and reserve the exclusive right to the space for future use. Any other use of that space must be entered into with the express approval of Todd Mendel and Primerica. L �(L State of Idaho) County of Ada ) On this 2nd day of July, 2007, before me, the undersigned, a notary public in and for said state, personally appeared Charles Story, known to me to be the Owner of the Corporation that executed this instrument and the person who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public �� * U Residing In : Residing at Boise, Idaho �••' y� gyp'••, Expires: fission Expires: 2/28/20pg 0 , A, ti •• s660" SO •� .• N AAdmeo� 3'14 Dr. Matthew Hales 1640 W Cherry Ln. Meridian, ID 83642 July 2, 2007 I am the lease holder for the suite #120 1640 W. Cherry Ln. Meridian Id 83642. This suite is occupied by Preferred Physical Therapy. To my knowledge the Primerica sign on our building has not created any known business loss to this business. I have negotiated my own signage with the Landlord. I am satisfied with the current signage. Matthew Hales D.C. YAt, 1 Page 1 of 2 Tara Green From: Sent: To: Cc: Subject: Nancy Radford Tuesday, June 26, 2007 7:54 AM tmendel@cableone.net Sonya Watters; Tara Green FW: Primerica Sign City Council Packet - Online Attachments: council.doc Mr. Mendel, RECEIVED City of Meridian City Clerk Office We request documentation 7 days in advance to give Council time to review. However, if you have documentation to bring to the City Council Meeting, you can submit that at any time just please make sure the Clerks office gets a copy for the record. Thank you, Nancy Radford From: tmendel [mailto:tmendel@cableone.net] Sent: Monday, June 25, 2007 6:16 PM To: Nancy Radford Subject: Re: Primerica Sign City Council Packet - Online Nancy, Thanks for your notice, but in reading the hearing notice stating additional information was to be received 7 days from hearing date, does little to allow me to provide the supporting documentation gathered to present to the council. I have attached the documentation synopsis, but have numerous attachments and photographs to present. My telephonic call to the planning Department on June 11th, rerquesting whether or not such a notice was necessary, I was informed by "Sonya" that none was required, and I had no idea of said notice and requirements until your email today. Please let me know if this documentation will be able to be presented to the council for review, or if a continuance of this matter is possible. Todd Mendel ---- Original Message — From: Nancy Radford To: t_mendel@cableone.net Sent: Monday, June 25, 2007 10:06 AM Subject: Primerica Sign City Council Packet - Online Your City Council Packet is available on our website. For future reference, please save the below link in your "favorites" folder. Follow these steps to access your pending project: hhV weblink.meridiancity,org/w.eblink/ (Below Browse on the left side of the page) 6/26/2007 Page 2 of 2 Go to City Council Meetings Go to Meeting Date Go to your Project Name to view the items on the Agenda If you have any questions, please give us a call. Thank you, Nancy Radford Meridian City Clerks Office (208) 888-4433 No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.476 / Virus Database: 269.9.7/868 - Release Date: 6/25/2007 12:20 PM 6/26/2007 ..: June 23`d, 2007 Meridian City Council Meridian, Idaho, 83642 RE: Denial of sign permit for leased property at 1640 W. Cherry Lane #100, Meridian, Idaho. Dear Mayor and Fellow Council Members; The following is a synopsis of the details surrounding the sign permit request, and subsequent denial by the Planning and Zoning Department of the City of Meridian. In March, 2006, the business "Primerica", a member of the Citigroup companies, reached a rental agreement for 2500 square feet of usable rental space located at 1640 W. Cherry Lane with Stormer LLC, the owner of that complex. This estimated $240,000 rental agreement with triple net and annual increases, was largely influenced by the signage rights to the middle brocade of that structure. The middle brocade of that property was adjacent to our main entrance, located just 14 feet from our entranceway, and 8 feet from our inside linear wall of our front entrance. The middle brocade was above entranceway #110. Space #110 was unfinished construction, and was cut to less than half its original size, since our construction build out of rentable square footage was "L" shaped and took the entire back portion of this space for #110. The middle brocade also was above #120, which was part of "Evergreen Chiropractic" which was leased space who's entranceway was at #130, and signage above that entrance, and the whole Eastern wall of the building facing Linder. The remainder of space #110, was available for expansion in the future as needed. Our lease arrangements included signage in the front Center of the building, facing Fairview, and the western wall facing inwards to the mall area. We had no agreement to obtain any free standing display on the complex free standing signage. Our middle signage did not impede or obscure any business located directly beneath its display, and was agreed to by the Landlord, who was provided a diligent visual pre approval display by "Premier Signs" prior to it being erected. The signage also was approved by our Home Office in Atlanta, Georgia, and was found to meet all regulatory requirements of a trademarked company for our business needs. The signage met all the requirements as set forth in the lease agreement, and subsequently that of the "Planned Sign Program" then available for that site; "Cherry Crossing Shopping Center", which had been approved by the City. It was my understanding, that any additional approval needed from the City would and had been obtained by my contracted sign company, "Premier Signs". About 10 months later, the landlord rented out the remaining space of #110 of that complex to "BIBS" a bicycle retail business, whose front entrance was partially below our middle buildin si obtained no signage approval from landlord per letter dated May 41' from landlord to tenants. They currently display on the freestanding complex signage, and the front of their business windows. Any signage must have landlord approval, for which he has only "Primerica" for their existingsignage, given to "Evergreen Chiropractic" and Pro age, including the sign in question, as noted on the Cherry Crossing Sign gram document. On the V of May, 2007, the City Planning and Zoning notified me that the center si to not obtaining a City sign permit, so I immediately initiated the fee and gn was in violation, due accomplished. On May 11`s, 2007, I was denied the Citypaperwork for this to be Permit, base on three specific signage codes. 1. The assertion that the middle center sign was "Offpremise sign" by code definition. "A sign that is not related to the property upon which it is located or to the activity bung conducted thereon" This is ludicrous since we were 40% of the entire rentable square footage of the building thereon, and where the sign was located. Nothing in the City code reflects that si gnae Your entranceway. "Thereon" reflects the entire premises of that building.nce� to be directly above 2. Per UDC- 11-3D-8D; Wall area shall mean the wall surface of a single tenant structure or the storefront of a mukitenant structre. Again, I don't have any qualms with this definition as there is available wall front and wall area available below the middle center sign to accommodate another tenant located below the center brocade. Obviously this wall space has less visibility, but available nonetheless. I Furthermore, under UDC-11-3D-9D3; Wall signs are permitted in any number, location or orientation, except towards an adjoining neighborhood residential property, provided that the square footage does not exceed eighteen percent of the wall space upon which the sign is placed, or nine percent of the wall if combined with a freestanding sign on the same lot. The assertion here is our sign was larger than 9% of the wall face on which it was placed, where the city was in false assumption that we had a freestanding display, of which we don't, therefore we are allowed 18% of the wall on which it is placed, which we do not exceed. Further, the first sentence above only asserts that the orientation and location is within code, as we don't face a residential neighborhood. Upon full review of the lease agreement, the "Chevy Crossing Shopping Center" planned sign program, and the City Code, our sign does not violate any standards or regulations as set forth in any of these documents, therefore; we request that our sign permit be granted and subsequently be left in place. Thank you, Todd O. Mendel Sr. Vice President, Primerica Financial Services a Citi company Attachments include: Opening photo of our signs and office in June 2006 as approved by Landlord Pre approval signage proposal submitted by "Premier Signs" to Landlord, and regulatory department. Basic Lease Provisions and sign program document of our lease. Cherry Crossing Shopping Center Sign Program document. City Code areas cited. Miscellaneous signs throughout Meridian, showing similar situations, and where "over the entranceway" is not a requirement, nor is being on the same wall of building. Current Photograph of our building sign, and that of the other center brocades within the marea all The sign permit denial letter from Planning and Zoning The appeal letter and substantiation from Primerica to Planning and Zoning Letter from Landlord to tenants, dated May 4th specifically naming Primerica as approved by him. Current photograph of tenant signage for building, reflecting no freestanding sign for Primerica, and the plastered signs of BIBS in suite #110, on windows, in handicap zone, and with the makeshift skateboarding and bicycle ramp in the parking lot. 'RECEIVED June 23`d, 2007 JUN 2 6 2007 Meridian City Council CITY OF MERIDIAN Meridian, Idaho, 83642 CITY CLERK OFFICE RE: Denial of sign permit for leased property at 1640 W. Cherry Lane # 100, Meridian, Idaho. Dear Mayor and Fellow Council Members; The following is a synopsis of the details surrounding the sign permit request, and subsequent denial by the Planning and Zoning Department of the City of Meridian. In March, 2006, the business "Primerica", a member of the Citigroup companies, reached a rental agreement for 2500 square feet of usable rental space located at 1640 W. Cherry Lane with Stormer LLC, the owner of that complex. This estimated $240,000 rental agreement with triple net and annual increases, was largely influenced by the signage rights to the middle brocade of that structure. The middle brocade of that property was adjacent to our main entrance, located just 14 feet from our entranceway, and 8 feet from our inside linear wall of our front entrance. The middle brocade was above entranceway # 110. Space # 110 was unfinished construction, and was cut to less than half its original size, since our construction build out of rentable square footage was "L" shaped and took the entire back portion of this space for # 110. The middle brocade also was above #120, which was part of "Evergreen Chiropractic" which was leased space who's entranceway was at # 130, and signage above that entrance, and the whole Eastern wall of the building facing Linder. The remainder of space # 110, was available for expansion in the future as needed. Our lease arrangements included signage in the front Center of the building, facing Fairview, and the western wall facing inwards to the mall area. We had no agreement to obtain any free standing display on the complex free standing signage. Our middle signage did not impede or obscure any business located directly beneath its display, and was agreed to by the Landlord, who was provided a diligent visual pre approval display by "Premier Signs" prior to it being erected. The signage also was approved by our Home Office in Atlanta, Georgia, and was found to meet all regulatory requirements of a trademarked company for our business needs. The signage met all the requirements as set forth in the lease agreement, and subsequently that of the "Planned Sign Program" then available for that site; "Cherry Crossing Shopping Center", which had been approved by the City. It was my understanding, that any additional approval needed from the City would and had been obtained by my contracted sign company, "Premier Signs". About 10 months later, the landlord rented out the remaining space of #110 of that complex to "BIBS" a bicycle retail business, whose front entrance was partially below our middle building signage. "BIBS" obtained no signage approval from landlord per letter dated May 4,' from landlord to tenants. They currently display on the freestanding complex signage, and the front of their business windows. Any signage must have landlord approval, for which he has only given to "Evergreen Chiropractic" and Program document. "Primerica" for their existing signage, including the sign in question, as noted on the Cherry Crossing Sign On the I51 of May, 2007, the City Planning and Zoning notified me that the center sign was in violation, due to not obtaining a City sign permit, accomplished. On May 11 �', 2007, I so I immediately initiated the fee and paperwork for this to be was denied the City permit, base on three specific signage codes. 1. The assertion that the middle center sign was "Off Premise sign" by code definition. conducted thereon" "A sign that is not related to the property upon which it is located or to the activity being This is ludicrous since we were 40% of the entire rentable square footage of the building thereon, and where the sign was located. Nothing in the City code reflects that signage needs to be directly above Your entranceway. "Thereon " reflects the entire premises of that building. 2. Per UDC- 11-3D-8D: Wall area shall mean the wall surface f a .single tenant stri re ur the storefront of a multitenant struetre. Again. I don't have any qualms with this definition as there is available wall front and wall area available below the middle center sign to accommodate another tenant located below the center brocade. Obviously this wall space has less visibility. but available nonetheless. 3. Furthermore. under UDC-11-3D-9D3; Wall signs arepermitted in any number, location or orientation, except towards an adjoining neighborhood residenliul property; provided that the square footage dues not exceed eighteen percent of the wall space upon which the sign is placed, or nine percent of the wall if combined with a freestanding sign on the same lot. The assertion here is our sign was larger than 9% of the wall face on which it was placed. where the city was in false assumption that we had a freestanding display. of which we don't. therefore we are allowed l 8% of the wall on which it is placed. which we do not exceed. Further, the first sentence above onl} asserts that the orientation and location is within code. as we don't face a residential neighborhood. Upon full review of the lease agreement the -Chen3- Crossing Shopping Center" planned sign program. and the City Code. our sign does not violate any standards or regulations as set forth in an of these documents. therefore: we request that our sign permit be granted and subsequent)} be left. in place. / k 3 ou. o d O. Mend 1 Sr. Vice Presid t. Primerica Financial Services a Citi company Attachments include: Opening photo of our signs and office in June 2006 as approved by Landlord Pre approval signage proposal submitted by 'Premier Signs" to Landlord, and regulatoiy- department. Basic Lease Provisions and sign program document of our lease. Cheri} Crossing Shopping Center Sign Program document. Cit} Code areas cited. Miscellaneous signs throughout Meridian, showing similar situations. and where "over the entranceway" is not a requirement. nor is being on the same wall of building. Current Photograph of our building sign, and that of the other center brocades within the nna]] area The sign permit denial letter from Planning and Zoning The appeal letter and substantiation from Primerica to Planing and Zoning Letter from Landlord to tenants. dated May 4th specificall}* naming Primerica as approved by him. Current photograph of tenant signage for building, reflecting no freestanding sign for Primerica. and the plastered signs of BIBS in suite #110_ on windows. in handicap zone. and with the makeshift skateboarding and bicycle ramp in the parking lot. Document Information File n 3D Lettering Skis Fuw SIOLFS Dlreckft,Nww: c:UobsVMMerlce OW—TINW 47R08 PEI I 72L834224 2100 E Febview Ave. �� :v2WZ006 ID 5/GH5 Sere Ar;,JA Cherry Lrl. Meridian,, ID. 83842 ��" row. Ion Ph: (208) 85s-0380 13 In x 2so in vPKEMTfffP MUOFXfWA6 Fax: (208) 855-0381 11Z' Router�edAcrylic Lettering Pnmlers 9nslnc@gwsst.net MldnlgM �� Document Information Fie Name: 31) Lettering Front Full Size. FS Directory Name: c:UobslPrimerlcs Om" Dow. 3r2o20e Qrnnt7bw. 428:30 PM doom UNLEA&M TIE POWER-waxu 2100E Felrviaw Ave �oror 3l2ei2006 Mori i March 20 2006 Mi �Amald Afarldlan, !D. 83841 i xn � roww Faxr(2008) 855-038f °1riw ------------ 3Dimensional p-1*rW9' tnc@gwest.net 2 tt• Formed Plastic Lettering Midnight Blue wlth Ullered 1/2'Acrvllc Red Svr„h.,i i l BASIC LEASE PROVISfONS The following lease provisions are hereby incorporated into and made a part of the Lease to which this is attached: A. DATE OF LEASE: March ,2006 B. NAMES AND ADDRESSES OF PARTIES: LESSOR: Stormer LLC 4565 West Quail Ridge Drive Boise, ID 83703 Phone: 208-344-8pp6....30 LESSEE: Todd Mendel �iPRIMERICA) 1640 W. Cherry Lane Suite 140 Meridian, ID 83642 Work 888-1507 Cell 2834224 C. LEASED PREMISES: A portion of the retail/office building owned by Lessor known as Cherry Crossing, Meridian, Idaho, as shown in the drawings attached hereto as Exhibit "A" and by this reference incorporated herein. D. E. F. G. H. I. J. RENTABLE AREA: 2500 square foot LESSEE'S ESCALATION PERCENTAGE: 3% annual escalation BASE TAX YEAR: 2006 TERM: 5 year TARGET COMMENCEMENT DATE: June 1, 200gSubject to Governmental approval) ANNUAL RENTAL: $ 36,250.00 MONTHLY BASE RENT: $3,020.83 . Rental shall be payable to Lessor at the address set forth above or such other address as Lessor may designate in writing. Page 1 Initials: es L ss Lessor Lessee Lessee lw�' EXHIBIT "B" Page One BUILDING RULES AND REGULATIONS SIGNS Except as otherwise provided in an applicable Lease, the following rules and regulations shall apply to the_j63West �w+,e� Meridian,Idaho property. 1. The sidewalK , enttr'annces, halls, passages, elevators and stairways shall not be obstructed by any of the L by them for any other purpose than for ingress and egress to and from their respective leased premises. essees, or used 2. Lessees, their agents, employees, or visitors, shall not make or commit any improper noises or disturbances of any kind in the building, or make or defile the water closets, toilet rooms, windows, elevators, or doors of the building or interfere in any way with other Lessees or those having business with them. 3. The toilet rooms, water closets, and other water apparatus shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, ashes, chemicals, or the refuse from electric batteries or other unsuitable substance, shall be thrown therein. Any damage from such misuse or abuse shall be borne by the Lessee by whom or by those employees or visitors of Lessee it shall be caused. 5. No linoleum, or oil cloth, or rubber or other air -tight covering shall be laid on the floors, nor shall articles (except for interior art work) be fastened to, or holes drilled, or nails or screws driven into walls, windows, partitions, nor shall the walls or partitions be painted, papered or otherwise covered, or in any way marked or broken, without the prior written consent of the Lessor. 6. Nothing shall be placed on the outside of the Building, or on the windows, window sills, or projections. 7. The only window treatment permitted for the windows in the leased premises is that installed by and approved in writing by the Lessor. 8. No sign, advertisement, or notice other than as approved by Lessor, shall be inscribed, painted, or affixed on any part the outside or inside of said Building. Signs on doors and windows shall be subject to prior written approval by Lessor, the cost of affixing to be paid by Lessee. A directory in the lobby, with the names of Lessees, will be provided by Lessor. 9. After permission to install telephones, call boxes, telegraph wires, or other electric wires has been granted, Lessor will direct where and how the same are to be placed. No wires shall be run in any part of the Building excepting by or under the direction of Lessor. Attaching of wires to the outside of the building is absolutely prohibited. It is understood that telephones are installed solely for the use and benefit of Lessee and, accordingly, Lessee will save Lessor harmless for any damages thereto. 10. The Lessor shall in all cases have the right to prescribe the weight and proper position of safes or other heavy objects in the building; and the bringing in of said safes, all furniture, fixtures or supplies, the taking out of said articles, and moving about of said articles within the Building, shall only be at such times and in such manner as the Lessor shall designate; and any damage caused by any of the before mentioned operations or by any of the said articles during the time they are in the Building, shall be repaired by Lessee at Lessees expense. 11. No additional locks shall be placed upon any doors without the written consent of the Lessor, and the Lessee shall not permit any duplicate keys to be made. All necessary keys shall be furnished by the Lessor, and the same shall be surrendered upon the termination of this Lease, and the Lessee shall then give to the Lessor or his agents explanation of the combination of all locks upon the doors or vaults. Lessor will provide one key at Lessor's expense. All other keys will be paid for by Lessee at Lessee's reasonable cost. 12. No motor vehicles will be allowed in Building, except in approved spaces. Page 16 Initials: Lessor Lessor )LVSee Lessee To: Cherry Crossing Project File from Sonya Allen CC: Daunt Whitman, Golden West Advertising (Roger Llewellyn), Hawkins Companies (Brian Huffakes) Datm September 5, 2003 Re: Approved Sign Program for Cherry Crossing by Hawkrhs Companies Roger Llewellyn (Golden West Advertising) on behalf of Hawkins Companies, submitted a Planned Sign Program Application for Cherry Crossing on 9i2J03. This letter outlines my review and approval notes of the Planned Sign Program. The number and types of approved signage are as follows: Center 1 Commercial Signs (the larger signs on Chevy Lane and N. Linder Road) • Total # of allowed Center/Commercial type signs = 2 (one on Cherry and one on Linder) • Golden West Advertising is applying for both (2) of these signs with the Planned Sign Permit and both are approved by P&Z. Single Building Signs (the smaller signs to identify each individual building in the oroLec�t • Total # of allowed Single Building type signs = 4 • Golden West is only applying for two of these signs right now. The two remaining signs will require separate sign permit applications. • Each of the future signs must be in conformance with the design approved under this Planned Sign Program. Wall Signs • No wall signs have been applied for or are approved at this time. Sign Setbacks The setbacks for the Center Sign(s) are approved as shown on the Site Plan. The Cherry Crossing Center Sign(s) meets the minimum one foot setback on the front property line and five-foot setback on the side property line. • Page unera crossing tsunaMg 1640 W. Cherry Lane This criteria has been established for the mutual benefit for all tenants. Conformance will be strictly enforced and any non -conforming or unapproved signs must be removed or brought into conformance at expense of tenant. A. GENERAL APPROVAL REQUIEMENTS: 1. Tenant shall submit or cause to be submitted to the landlord for approval before fabrication, at least three copies of detailed colored drawings indicating 16cation, layout, design and color of . the proposed signs, including all lettering and/ or graphics with complete specifications and dimensions. 2. All permits for Tenant's signs and theirinstallation shall be obtained by the Tenant or his representative and shall conform to all local building and electrical codes as well as the criteria set forth hereafter. 3. All signs shall be designed, constructed and installed at Tenant's expense. 4. Tenant shall be required to fulfill all the requirements of these criteria. B. PAD SITES: 1. Trade marked logos will be exempted from sign standard height restrictions given that it still complies with city code and is approved by landlord C. N[TWER, LOCATION, DESIGN AND CONSTRUCTION OF SIGNS: 1. One tenant space on Pylon sign shall be permitted if available. In addition one pad identification sign may be allowed per building ifavailable. N2_ All Tenant's identification designs, logos, copy, shapes and blurbs shall require landlord's approval. 3. No exposed conduit, brackets, fasteners or wiring of any type will be permitted. 4. Exterior signs shall be individual pan channel letters installed directly to wall Sculptured channel cabinet signs will be allowed only upon written approval from landlord No raceways permitted. a. All illumination shall be UL approved and have sign company's identification amp load and UL sticker in legible view from ground N5. Total sign length shall not exceed 75% of tenant's linear feet of leased frontage up to a letter height of 36". 6. Total square footage of wall signs not to exceed 9% of the wall elevation. D. MISCELANEOUS REQUIREMENTS: 1, Tenant shall be responsible for the operations of Tenants sign contractors. Tenant and sign contractor will be liable for any actions committed during installation or service of signage. 2. Tenant or his representative shall be responsible for cost of maintenance, service, repair or replacement. of Tenant's sign, time clock or electrical wining. b. Tenant shall be required to keep his sign in working order and all surfaces shall be maintained in good condition. 3. As of May 8, 2007 two signs have been approved by the landlord of said property: Evergreen Chiropractic Primerica 11-1A-1 11-1A-1 that does not now conform to the dimensional standards for the district in which it is located. kff Premises Sign: A sign that is not related to the property upon which it is located or to the activity being conducted thereon. Orientation: The placement of a sign in accord with its primary visibility from a particular location. Permanent Sign: Any sign intended and constructed to be long term in nature. Pole Cover: Decorative structure or treatment that encloses the support structure of a freestanding sign. Projecting Sign: A sign other than a wall sign, that projects from and is supported entirely by a wall of a building or other structure. Projection: ' The distance by which a sign extends over public property or beyond the building line. Public Service A sign that provides general public service Information Sign: information such as time, date, temperature, weather, directional information and other noncommercial messages of interest to the traveling public. Reader Board: A sign on which copy is changed. Copy can be changed manually or automatically. Also known as a changeable panel sign. Automated reader boards may also be classified as animated signs. Revolving Or Oscillating Sign: Any sign that incorporates movement of the structure or any portion thereof. Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure or extending vertically above the highest portion of the roof. A mansard roof is treated as a wall. City of Meridian July 2006 'RIB 11-3D-9: PLANNED SIGN PR(I—IZAM: Page 2 of 2 1. Signs shall incorporate materials, colors and a design motif that is compatible with and complements the architectural theme and style of the building or complex for which the sign identifies. Sign designs shall reflect a common theme and incorporate similar design elements in terms of materials, letter style, illumination, sign type and sign shape. 2. One primary freestanding sign, hereinafter referred to as "center sign", shall be allowed per the subject area of the planned sign program unless otherwise restricted by subsection 11-3D-81, "Subdivision Identification Signs", of this article. One additional center sign shall be allowed per one thousand feet (1,000') of street frontage or any portion thereof. The one thousand feet (1,000) shall be cumulative for corner lots. For example, a corner lot with four hundred feet (400') of frontage on one street and five hundred feet (500') of frontage on a second street shall only be allowed one center sign because the combined total street frontage is less than one thousand feet (1,000'). a. In addition to the center sign, one secondary freestanding sign for each building within the development is permitted, with size and background area in accord with tables 1 through 8, section. _1.1-3D-1.0of this article, provided that no sign exceeds a height of ten feet (10') and background area of seventy (70) square feet. b. Where there is a subdivision identification sign on the same street frontage as the center sign, the background area of the subdivision identification sign shall be subtracted `I from the allowable background area for the center sign. i. Wall signs are e permitted in any number, location, or orientation, except toward an adjoining residential property, provided that the total square footage does not exceed eighteen percent (18%) of the wall face upon which the sign is placed, or nine percent (9%) of the wall if combined with a freestanding sign on the same lot. 4. Sign height and placement shall be consistent throughout the development site. 5. After approval of a planned sign program, no signs shall be constructed except in conformance with such plan. Upon approval, the sign program shall apply to all existing and future tenants. This planned sign program shall be included in the lease for each individual tenant. Proof of said inclusions shall be submitted to the planning department by the property owner. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) http://www.sterlingcodifiers.com/ID/Meridian/13003004000009000.htm 5/10/2007 11-3D-3: PROHIBITED SIGN. Page I of 1 11-3D-3: PROHIBITED SIGNS: The following types of signs are prohibited in all districts: A. Private signs within public right of way or upon city owned property. (This does not prohibit the transportation authority or city from placing signs on the property.) B. Pennants, strings of lights, ribbons, streamers, spinners, twirlers or propellers, balloons, bubble machines and similar devices of a carnival nature. C. Signs which because of color, wording, design, size, movement, location or illumination resemble or conflict with any traffic control device or with the safe and efficient flow of traffic. D. Signs that emit any sound, odor or visible matter. E. Abandoned nonconforming signs. (See subsection 1__1.73075A._of this article.) F. Roof signs. G. The parking of any idle vehicle or trailer on any property for more than seventy two (72) hours, any part of which is located within thirty five feet (35') of a public right of way, and which has affixed to it a sign which is intended to attract or direct customers to a business which is on or near the property. This prohibition is not intended to apply to a fleet vehicle (s) which leaves the premises during the hours of the business operation. H. Strobe, revolving or flashing lights. Reader boards in all residential districts, except as approved through the conditional use permit process for nonresidential uses. J. Off premises signs, except as permitted in subsections 1.1-307.6C1_ and 1.1_-3D78G, and section _1._1-3D-9of this article. K. Signs for illegal uses. 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SIMgqE 1993 MAYOR Tammy de Weerd May 11, 2007 CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Todd Mendel Charles M. Rountree Primerica DavidLaremba .1640 W. Cherry Lane, Suite 100 CITY DEPARTMENTS Meridian, ID 83642 Cite Attorney/HR :Mailing ,Jddress: RE: Denial of Sign Permit for the property at 1640 W. Cherry Lane 33 E. Idaho Avenue Street .-Address: Dear Mr. Mendel: 703 N.Main Street 898-5506 (City Attorney) This letter is in response to your application for a Sign Permit for at 1640 W. Cherry 898-5503 (HR) Fax 884-8723 Lane. Per UDC 1 1-3D-9C, the Director shall review and approve the planned si n p g program for consistency among all signs within the develop ment. Fire 540 E. Franklin Road After reviewing your application for a proposed Sign Permit for Primerica, I am denying 888-1234 / fax 895-0390 the sign on the south elevation for the following reasons [emphasis added]: Parks & Recreation 1. The proposed sign meets the definition of an off -premise sign: 1 1 W. Bower Street 888-3579 / fax 898-5501 A sign that is not related to the property upon which it is located or to Planning the activity being conducted thereon. 660 E. Watertower Street The sign is located above two separate entrances to two separate tenant Suite 202 884-5533 / fax 888-6854 spaces that does not encompass the Primerica business. Police 2. Per UDC- 11-3D-8D: 1401 E. Watertower Street 888-6678 / fax 846-7366 "Wall Area" shall mean the wall surface of a single -tenant structure or the storefront of a multitenant structure. Public Works 660 E. Watertower Street This is a multitenant structure with separate tenant entrances. Suite 200 898-5500 / fax 895-9551 3. Furthermore, under UDC- I 1-3D-9D3, the Planned Sign Program standards for wall signs reads: - Building 660 I. Watertower Street Wall signs are permitted in any number, location, or orientation, except Suite 150 toward an adjoining residential property, provided that the total square 887-221 1 / fax 887-1297 footage does not exceed eighteen percent (18°/n) of the wall face upon - Wastewater which the sign is placed, or nine percent (9%) of the wall ifcombined 3401 N. Ten Mile Road with a freestanding sign on the same lot. 888-2191 , fax 884-0744 The proposed sign is over nine percent (9%) of the wall face for the - Water storefront elevation for Primerica. 2235 N. W. 81h Street 888-5242 / fax 884-1 159 In accordance with UDC 1 l -5A-4D and UDC I 1-5A-6, you have the option to appeal this decision to the City Council. All City Council Reviews (appeals) shall be filed in writing with the Planning Department within fifteen (15) days after the date CITY HALL 33 EAST IDAHo AVENUE MERIDIAN, IDAHo 83642 (208) 888-4433 CITY CLERK - FAX 888- 4218 FINANCE & UTILITY BILLING - FAX 887- 4813 MAYOR'S OFFICE -- FAX 884-8119 of this letter. The appeal will be forwarded to the City Council to conduct a public hearing. The appeal should specify the grounds upon which the appeal is filed. Please feel free to contact Jenny Veatch at 884-5533 with any questions or concerns. Sincerely, 046X "11,116 Anna B. Canning, AICP City of Meridian Planning Director May 1 Oth, 2007 City of Meridian Planning and Zoning Planning Department 660 E. Watertower, Ste #202 Meridian, Idaho, 83642 Attn: Anna Borchers Canning, A1CP Planning Director Primerica Financial Services A Citi Company 1640 W. Cherry Lane, # 100 Meridian, Idaho, 83642 Todd Mendel Sr. Vice President Tel # 208-888-1507 Cc: Primerica Financial Services 3120 Breckinridge Blvd. Duluth, Georgia, 30099 Attn: Office of General Counsel Mrs. Canning, My office has been informed via telephone, that the required sign permit from the City of Meridian, applied for at our location stipulated above has been denied. More specifically, the frontage wall sign, located on the building that we occupy in Meridian. The necessity of such a permit for this signage was brought to our attention in writing from our landlord, in correspondence dated Ma 4`h , 2007, and received May 7`", at our office. The required permit was submitted to your office on May 9 ,and subsequently denied the same day. I have obtained copies of the Planned Sign program, "Cherry Crossing Shopping Center" in effect when we took occupancy of this lease held space, the City Code sections I 1-1A-1, 11-313-3, 11-3D-7, 11-313-8, and I 1-313-9, and failed to identify the reason for the permit to be declined. My office has been operating under a lease held agreement at this location and with this signage since March 2006, with the sign submitted and approved by the landlord on March 20`h, 2006. I was unaware that the sign installer or landlord did not procure any necessary permits prior to installation, nor was I aware that one was necessary from me, since no planned sign program was attached to the lease, nor is it mentioned in the lease negotiated. The lease did address signage (Attached, exhibit B), and this was complied with by my office. Once I was notified that a permit was required, I initiated the filing for said permit, and have been subsequently denied. As a trademarked company, regulatory issues had to be addressed by me, in reference to our signage prior to it being installed, and it was subsequently in compliance with necessary regulatory agencies before the expense of installing said sign. If, in fact, my office, Primerica Financial Services, has had the permit request declined for the signage existing as is on our building, I would like something in writing from your Department stating so, and with what code violated, Oprig with the appropriate appeal options and process. Please feel free to contact me. Toad . M ndel Sr.Vice President Amember of atigroup An independent representative of Representing Primerica Financial Services Primerica Life Insurance Company Executive Offices: Duluth, GA May 19'h, 2007 Planning and Zoning 660 E. Watertower Street Suite #202 Meridian, Idaho, 83642 RE: Denial of sign permit for property at 1640 W. Cherry Lane (Primerica) Appeal request for decision rendered. Dear Mrs. Canning, AICP This letter is in response to your letter, dated May 11`h, 2007, officially denying my application for a sign permit at our business located at the aforementioned address, specifically the storefront sign on the southern wall face of the building. 1 would like to officially appeal your decision based on the reasons stated in your declination of the sign permit, as specifically outlined for the following reasons: 1. The proposed sign meets the definition of an off premise sign. Pursuant to 1 1-1 A-1, "a sign that is not related to 1he property uj)on which it is localed or to the activity being conducted thereon. " Primerica southern wall face signage is most definitely related to the property upon which it is located and is related to the activity being conducted thereon. (thereon referring to the property as a whole, and not in any specific single tenant leased frontage located within the property. The Primerica sign is 14 feet from our front door storefront entrance, and 8 feet from the interior wall of our linear storefront occupied space. Nothing in the City code reflects that the sign must be exactly, above the entranceway of the advertised storefront. This then should preclude the sign from being considered an "off -premise" sign by definition. 2. Per UDC 11-3D-8D: I agree that the "Wall Area" shall mean the wall surface of a storefront of a multi -tenant structure. At the time Primerica negotiated a long term lease with the landlord of this property, and erected the sign, the southern Primerica sign did not impose on any storefront of any tenant of this building, as space # 1 10 was unfinished and unoccupied, and space #120, was part of space #130 (and still is; "Evergreen Chiropractic"), who had already placed his storefront signage above his space located above the entranceway of # 130, and the eastern wall facing Linder. The Primerica southern signage was approved by the landlord on March 20th 2006. Over a year later, when the Planned Sign Program for the development was provided to me, and reviewed for guidelines, it was determined that no breach of the "Cherry, Crossing Shopping Center" planned sign program had been made. Specifically; pursuant to City Code 11-3D-9 PLANNED SIGN PROGRAM, Section A, under "Purpose"; "If approved, a planned sign program may allow for increases to the background area, height, and other standards for wall signs". The Cherry Crossing Shopping Center" planned sign program had been approved by the City, and within its limits made the following relevant exclusions and notations; Section B, # 1: "Trade marked logos will be exempted front sign standard height restrictions, given that it .still complies with City code and is approved by landlord". Primerica is a trademarked logo of Citigroup, and is a Citi company, and the sign had to be approved per regulatory requirements within our own company, and the financial industry, as well as the landlord. Further, Section C, #5: Total sign length shall not exceed 75% of tenants linear feet (height x length of store frontage) of leased frontage up to a letter height r f 36': Primerica southern sign falls witin this allowable space. Note: The Cherry Crossing Shopping Center sign program was not provided for review at the time I exercised a long term lease in March 2006 from the landlord, but a separate sign program "Exhibit B" was attached to the lease, and all requirements for the Primerica southern sign did meet those standards. Once it was discovered a City permit was necessary, we applied for same, thus leading to the City's denial of said permit, leading to this appeal. No previous written notice or written warning was received by my office from City Planning or Code Enforcement, that my sign was out of code, until May 1 I `h, 2007, the date of your permit denial. 3. Furthermore, under UDC -I 1-3D-9D3, the planned sign program standards for wall signs reads, "Wall signs are permitted in any number, location, or orientation, except toward an ar joining residential property, provided that the total square footage does not exceed (18%) of the wall face upon which the sign is placed, or (9%) of the wall with a freestanding sign on the same lot" Primerica southern sign doesn't face a residential property, square footage doesn't exceed 18% of the wall space, (Since we have no other freestanding sign on the same lot), and definitely fits within the orientation or location as stated in the City Code provision. Further, as stated above, the previously city approved "Cherry Crossing Shopping Center" sign program, also addresses the exclusions as previously stated. So, based on the reasons given for the denial of a sign permit, and the grounds for appeal as outlined above, I hereby submit my appeal. Further, be it noted, that Primerica occupies 40 % of the entire building property structure in square footage, had landlord approval for all signs, and did not infringe on the sign rights of other tenants in any way when the sign was erected. Primerica southern sign matches all designs and congruence of each and every protruding front wall space within the entire Shopping Center, wherein only one business name is properly displayed and protrudes on every building facing within the complex. I, hereby submit any necessary fees for a City Council Hearing concerning this matter, and appeal your decision. T nk you dd Mend r. Vice President Primerica Financial Services A Citi Company Cc: Primerica Financial Services 3120 Breckinridge Blvd. Duluth, Georgia, 30099 Attn: Office of General Counsel May 04, 2007 Mr. and Mrs. Todd Mendel Primerica 1640 W. Cherry Lane 100 Meridian ID 83642 Dear Mr. and Mrs. Todd Mendel,Mr. and Mrs. Todd Mendel As per our lease agreement and verbal ageement: I or Stormer LLC will not be installing or obtaining any signs or approvals to put signs on said property. I received another call from Jennifer Veatch and this matter is still not settled. I will be contacting Golden West Advertising (or a professional sign company) which had the intial sign program approved for Cherry Crossing to get a approved sign plan for our building. It has come to my attention that no permits were taken out to place any signs on said building. In order to come within complicance with the City of Meridian said signs must be approved through the sign program. I will explain to the sign company that I agreed to the signs in this order and design: V1. Evergreens signs were agreed and approved by me Primerica was agreed and approved by me. 3. BIBS signage was never agreed upon at the time of lease signing. I have since paid for and had install the two electrical boxes (Cost of $1400) for signage to be installed which too was not approved by the City. Now I know why landlords stay away form getting involved with signage. Lesson learned. T e final sign or signage shall have the approval of the building owner and city. Do to the fact no signs have obtained any approval from the City they maybe all subject to change in order to come within complaince. We will be coming within complaince. I will have the sign representive contact you in the order previous outlined to get us within complaince. Any change or cost to come within complaince shall be the cost of the tenants. Your co-operation in this matter would greatly be appriecated. If you have any questions give me a call at 863-9620 cell or home 344-8630. R ards, /) Chuck Story 208-344-7477 Lo" ` 13 n 06/22/2007 -wwam n MI , Q a -Rated Movies 0 51STE�S J _J low . 2 0�/.2007 ° SI HOME"4�CONSTRUCTIO too 1►tll-ILlLol In 130 06/24/200 Aa ! ^y i ( w fit" d - ;�u rM M• i i i _ ' • �F L