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HomeMy WebLinkAbout8/7 Letter from Todd Mendel City Council City of Meridian, Idaho 7/30/2007 Todd Mendel Dba Primerica 1640 W. Cherry # 100 Meridian, Idaho, 83642 !leoelJ;: AUG, ." ~1"l Ctry - 1 2a :tJ CIty Of: M 'Ol - CL~Rk'€I?ID/A.1v - OFF'/C E: Cc: Office of General Counsel Primerica Financial Services 3120 Breckinridge Blvd Duluth, Georgia 30099 Dear Mayor and members of the City of Meridian City Council; After two reviews by the cOlIDcil, concerning the legal standing of our sign located at the aforementioned address, with a decision still forthcoming, it now appears the sole reason for the Planning Department to have denied my sign permit, and continuously deny my permit, is their interpretation that my sign, on my building, adjacent to my entranceway to my office, is considered by Code as an "off premise sign". Having addressed the 9% rule as previously heard by the council, and with two professional companies; ESI and Premier Signs, reviewing this concern, my sign is only 6% of the minimal frontage space as measured. This excludes the rightful and legally contracted frontage as agreed witb my landlord, at the time of initiating my lease for space on this property. Further, per UDC-II-3D~8D; "Wall area" sball mean the wall surface of a single-tenant structure or tbe storefront of 8 multitenant structure", by legal defInition reflects that the wall area shall mean the wall surface of a one tenant structure, or the entire storefront (or wall area) of a multitenant structure" (Not of one tenant storefront, but the entire storefront of all tenants of one wall facing.) This legal interpretation applies not only to the 18% or 9% rule, but also the rule of "number, location, and orientation..." as cited below in lI-3D-9, section 3. This interpretation was the consensus ofattorneys at Huntley Park, L.L.P., . located in Boise, Idaho, who at my request has reviewed this package. On 30 July, 2007, I attempted to reapply for this permit with Planning, with an adjustment to my sign size, due to the logo of our company being dropped from our trademark sign, and having received home office approval to do so, earlier than our other National offices. This was done to ensure no further concerns of the 9% minimum rule, as previously discussed. At that time, Premier Signs owner, Mr. Mike Arnold, was informed that the approval would be denied again due to the "off premise" definition of the code, and that my sign was not located above my main entranceway. I will hereby site the specific code definition concerning "off premise signs"; UDC section II-lA-I; "A sign that is 1I0t related to the property UpOIl which it is located or to the activity cOllducted thereon" As previously stated in correspondence in this matter, we are the single largest tenant of this property with 2500 square feet, and we obviously conduct business thereon. No where in the City Code does it state that a sign must be positioned directly over the entranceway to the business on the property, wherein business is conducted thereon. Also, no where in the City code does it state that a sign for a business cannot be located on any part of the building in which it conducts business, or that the sign cannot be over the entranceways of another business, that also operates within that structure. (Specifically; refer to the example and photographs provided concerning the Fred Meyer signage on the Western building side, directly over the entranceways of Starbucks and Baskin Robbins.) We have provided to the Council, at least 10 examples of approved signage for businesses that are not over their entranceways, or on outside structural walls that don't relate to their business on the immediate interior of those walls. I refer you to City Code 11-3D-9, section 3; which states "WaD signs are permitted in any number, location, or orientation, except towards an adjoining residential property, provided that the total square feet..... "(the 9% rule issue). Since the 9% rule appears to no longer be the challenge or reason for denial of my permit, I can only assume that the above statement says that a my sign can be placed in any number, location, or orientation, specifically since I have landlord approval for the sign, and the space it occupies, and I have not violated any area of the City Code with the sign size, style, etc. I am becoming concerned that the continued denial of my sign permit for the reason stated above is totally selective in nature, as the same standard for business wall signs have not been applied to other businesses within the City. As to the other concern, brought up by the Planning Director, concerning the lack of available space for BIBS to advertise in the space I previously was granted by the landlord; BIBS now has (5) frontal advertising signs in our lot for their business. They have two signs on the lot freestanding sign, which is controlled by someone other than my landlord. They have a Car sign and bicycle, parked in the front lot. They have a Sign on the bicycle rack they placed directly in front of their business, and they have a banner below my sign, directly over their entranceway. I obviously have no control over any agreed advertising or signage they may obtain, even though these methods are indifferent to the rest of the complex. In conclusion, I have stayed completely within the code as written, and the idea that our sign is "off premise", through Planning's interpretation, than I immediately suggest that numerous other businesses also in violation to the strict interpretation of this, should also be changed or not allowed to have signage not directly over their entranceway, or on an outside wan that doesn't correlate directly to their business, or over business entrances not their own. cJ?!11{ Primerica Financial Services A Citi Company ctG. "TIO'~ ::~"~ , erldltrn '&:; \, IDAHO \1 /. jJ ~(~ ., r' ' '.~~;\t'J'Jtl':r ~."-: u ~ T HE^S\)I~l.!. Y N-).. . MA YOR Tammy de Weerd CiTY COllNClL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR Mailing Address: 33 E. Idaho Avenue Street Address: 703 N.Main Street 898-5506 (City Attorney) 898-5503 (I-IR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/ fax 895.0390 Parks & Recreation II W. Bower Street 888-3579/ fax 898-5501 Planning 660 E. Watertower Street Suite 202 884-5533 / fax 888-6854 Police 1401 E. Watertower Street 888-6678 / fax 846-7366 Public Works 660 E. Watertower Street Suite 200 898-5500/ fax 895-9551 - Building 660 E. Watertower Street Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242 / fax 884-1159 May 11,2007 Todd Mendel Primerica 1640 W. Cherry Lane, Suite 100 Meridian, lD 83642 RE: Denial of Sign Pennit for the property at 1640 W. Cherry Lane Dear Mr. Mendel: This letter is in response to your application for a Sign Permit for at 1640 W. Cherry Lane. Per LJDe 11-3D-9C, the Director shall review and approve the planned sign program for consistency among all signs within the development. After reviewing your application for a proposed Sign Permit for Primerica, I am denying the sign on the south elevation for the following reasons [elnphasis addedJ: 1. The proposed sign meets the definition of an off-premise sign: A sign that is not related to the property upon 'which it is located or to the activitv heinl! conducted thereon. The sign is located above two separate entrances to two separate tenant spaces that does not encompass the Primerica business. 2. Per UDC-11-3D.8D: "Wall Area" shall mean the wall surface (?la single-tenant structilre or the storefront of a multitenant structure. This is a multitenant structure with separate tenant entrances. 3. Furthermore, underUDC-l1.3D-9D3, the Planned Sign Program standards for wall signs reads: Wall signs are permitted in any number, location. or orientation. except toward an ac(joining residential property. provided that the total square jbotage does not exceed eighteen percent (18%) of the wallface upon which the sign is placed, or nine percent (9%) of the wall flcombined with afreestanding sign on the same lot. The proposed sign is over nine percent (9%) of the wall face for the storefront elevation for Prime rica. In accordance with UDC 11-5A-4D and lJDC 11-5A-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 CITVHALL 33 EAST IDAI.IO AVENUE MERlDIAN, IDAHO 83642 (208) 888-4433 CITV CLERK _ FAX 888- ..218 FINANCI: ,I:,,: UTIl.lTY IllLl.1NC - F/,X 887- 4KL'> MAYOR'S OITTer -- FAX 81'\4-8]19 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. Sincerel , flllM1!J Anna B. Canning, AICP City of Meridian Planning Director 11-1A-1 / ~ff Premises Sign: Orientation: Permanent Sign: Pole Cover: Projecting Sign: Projection: ' Public Service Information Sign: Reader Board: Revolving Or Oscillating Sign: Roof Sign: 11-1A-1 that does not now conform to the dimensional standards for the district in which it is located. A sign that is not related to the property upon which it is located or to the activity being conducted thereon. The placement of a sign in accord with its primary visibility from a particular location. Any sign intended and constructed to be long term in nature. Decorative structure or treatment that encloses the support structure of a freestanding sign. A sign other than a wall sign, that projects from and is supported entirely by a wall of a building or other structure. The distance by which a sign extends over public property or beyond the building line. A sign that provides general public service information such as time, date, temperature, weather, directional information and other noncommercial messages of interest to the traveling public. 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. Any sign that incorporates movement of the structure or any portion thereof. 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. July 2006 City of Meridian t-!f . 11-3D-9: PLANNED SIGN PROGRAM: Page 2 of2 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 JJ.:.3Jd:8L "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 11 w3Q:1Q...of 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 from the allowable background area for the center sign. '\. 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 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, eft. 9-15-2005) htto:1 Iwww.sterlingcodifiers.com/ID/Meridian/13003004000009000.htm 5/10/2007 11-3'0-3: PROHIBITED SIGNS: Page 1 of 1 11-30-3: 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 Jl:~,Q,,:::,~8,_.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. I. 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 11-3D-6C1 and 1J.:,;2"Q.,:::,a,~_, and sectionJJ:::,~,Q:~_of this article. K. Signs for illegal uses. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) No VlD (c. h'or1 heft htto ://www.sterlingcodifiers.comlIDlMeridian/13003004000003000.htm 5/1 0/2007 '::: ,f'; ~ .. 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'rl€l"r- S'IJ~ II qn tv't:t..t/ 4?1' /".,ArltJr ,(l rWlI O~r bJ1J/h...e/...a-eS~ ...~ 'i Charles Story Dba Stormer LLC 4565 West Quail Ridge Drive Boise, Idaho, 83703 208-344-8630 Jnne :pm, 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 ofthe 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. ~;fAL .~~ 7 .~~~) 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. /<~~o "~ ---- 'N5tary Public Residing In : Residing at Boise. Idaho Expires: COmmission Expires: 2/2812008 - ~.~,...,-, ",......... ....''''.. ...... ...... ..! O~ ..... ....~ :vJ.. ~ lb<r -, ~\ : ~ :.. '"'.... ~ its. '" ,.> ~: :....: -< . ~ . : :...... \"" , ~ .~: .~\ 0 Ai-." .'%.'\ - .. ~v... 1- z."'t'.: *'. ~ ~ ...... J' t.. ...... C) ...:' ...... "'T.J IN .. .... i.,.~ ..... ........,',' If I/tt vA 111 etA f ) t4 ~-. -,r" 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 slgnage. Matthew Hales D.C. Ytttl)~,c . /J#Ad'*"f Y4 M.a~i II k 07 OS: 02a Chuc:k St.OI"'~ 208-378-1346 Cherrv CrOSSin!! DUUQlng 1640 W. CheFrv Lane Tills criteria has been established for the mutual benefit for aU tenants. Confonnan.ce will be strictly enfoi~ed and any non...contorroinq; or unapproved signs must be removed or brought into conformance 'at expense of tenant. ' . . A. GENE'RAL APPROVAL REQUIE:MENTS: 1. Tenant shall submit or .caU$e to be submiued to tbe Jan~ord for approval before fabrication, at least three copies of detailed colored diawings indicating lOcation, layout, design and color of. the prwosedsigos, including all Jettering and! or graphics' With complete specifications and dimeosions. 2. All permits for Tenant's signs and tbeir-ioslaijation shall be obtained by the Tenant or his repre~tive and sJiaUconfo~ to allloCaI buil.ding and electrical gxles as Well as the criteria set forth hereafter. ' ' ....v.. . . 3. All signs shall be designed, COnstructed and installed at Teilant;s Ch-pel1SC. 4. Tenant shall be rcquircrd to fulfill all the requirements of these criteria. B. PAD SITES: ~' L . Trade DJaJked logos will be exemp~ frOm sign standard height restrictions given that it ~ complies with city code and is approved by landlord . c. NUMBER. LOCATION, DESIGN ~ CONSTRUCTlON OF SIGNS: 1. One te~ space on Pylon sign shall be peni1ilted if available. In addition one pad . identification sign may be alloWed per building' ifavallable. - ~2:' All Tenant's identification designs, logos, copy, shapes and blurbs shall require landlord's a~tova1. ' . 3_ No exposed couduit, brackets, fasteners or wiring of any type will be permitted 4. Exterior signs sha1l ~ individual pan channel ietters installed directly to wall Sculptured channel cabin.ei signs Will be allowed. only 'upon written approval from ,landlord No raceways pcnnitted' .. , a. " .AII.illumination shall be UL approved arid have sign company's identification amp load and UL sticker ,in legible view from ground ~ 5 Total si!Pllength shall not exceed 75% of tenant's.linear feet ofieased frontage up to a letter height of36". 6. Total square foo~ge of wall signs,oot to exceed 9% of the wall elevation. D. MlSCELJ\NEOUS REQUlREMENTS: 1. Tenant shall be responsible for the operations of Tenants sign contractors. T eDant and sign , contractor will be liable for any actions coinmittcd during installation or service of signage. 2. Tenant or his representative shall be responSible for Cost of maintenance, service, repair or (eplacement, of Tenant's sign, time dock o.r electrical wiring, b. Tenant shall be requir!ld to keep bis sign,in working order and all Surfaces shall be mainta41cdtD good condition. ' "13. As of May 8,2007 two signs have been approved by the landlord of said property: Evergreen Chiropmctic Primerica p.2 City Council City of Meridian, Idaho Todd Mendel Dba Primerica 1640 W. Cherry #100 Meridian, Idaho, 83642 Cc: Office of General Counsel Primerica Financial Services 3120 Breckinridge Blvd Duluth, Georgia 30099 Dear Mayor and members of the City of Meridian City Council; 7/30/2007 1?tc C AUG /T l . OF MF ?00? R�d�gN After two reviews by the council, concerning the legal standing of our sign located at the aforementioned address, with a decision still forthcoming, it now appears the sole reason for the Planning Department to have denied my sign permit, and continuously deny my permit, is their interpretation that my sign, on my building, adjacent to my entranceway to my office, is considered by Code as an "off premise sign". Having addressed the 9% rule as previously heard by the council, and with two professional companies; ESI and Premier Signs, reviewing this concern, my sign is only 6% of the minimal frontage space as measured. This excludes the rightful and legally contracted frontage as agreed with my landlord, at the time of initiating my lease for space on this property. Further, per UDC- 11-3D-8D; "Wall area" shall mean the wall surface of a single -tenant structure or the storefront of a multitenant structure", by legal definition reflects that the wall area shall mean the wall surface of a one tenant structure, or the entire storefront (or wall area) of a multitenant structure" (Not of one tenant storefront, but the entire storefront of all tenants of one wall facing.) This legal interpretation applies not only to the 18% or 9% rule, but also the rule of "number, location, and orientation... " as cited below in 11-3D-9, section 3. This interpretation was the consensus of attorneys at Huntley Park, L.L.P., located in Boise, Idaho, who at my request has reviewed this package. On 30 July, 2007, I attempted to reapply for this permit with Planning, with an adjustment to my sign size, due to the logo of our company being dropped from our trademark sign, and having received home office approval to do so, earlier than our other National offices. This was done to ensure no further concerns of the 9% minimum rule, as previously discussed. At that time, Premier Signs owner, Mr. Mike Arnold, was informed that the approval would be denied again due to the "off premise" definition of the code, and that my sign was not located above my main entranceway. I will hereby site the specific code definition concerning "Off Premise signs": UDC section 11-1A-1; "A sign that is not related to the property upon conducted thereon" which it Is located or to the activity As previously stated in correspondence in this matter, we are the single largest tenant of this property with 2500 square feet, and we obviously conduct business thereon. No where in the City Code does it state that a sign must be positioned directly over the entranceway to the business on the property, wherein business is conducted thereon. Also, no where in the City code does it state that a sign for a business cannot be located on any part of the building in which it conducts business, or that the sign cannot be over the entranceways of another business, that also operates within that structure. (Specifically; refer to the example and photographs provided concerning the Fred Meyer signage on the Western building side, directly over the entranceways of Starbucks and Baskin Robbins.) We have provided to the Council, at least 10 examples of approved signage for businesses that are not over their entranceways, or on outside structural walls that don't relate to their business on the immediate interior of those walls. I refer you to City Code 11-313-9, section 3; which states "Wall signs are permitted in any number, location, or orientation, except towards an adjoining residential property, provided that the total square feet..... "(the 9% rule issue). Since the 9% le appears to no longer be the challenge or reason for denial of my permit, I can only assume that the above statement says that a my sign can be placed in any number, location, or orientation, specifically since I have landlord approval for the sign, and the space it occupies, and I have not violated any area of the City Code with the sign size, style, etc. I am becoming concerned that the continued denial of my sign permit for the reason stated above is totally selective in nature, as the same standard for business wall signs have not been applied to other businesses within the City. As to the other concern, brought up by the Planning Director, concerning the lack of available space for BIBS to advertise in the space I previously was granted by the landlord; BIBS now has (5) frontal advertising signs in our lot for their business. They have two signs on the lot freestanding sign, which is controlled by someone other than my landlord. They have a Car sign and bicycle, parked in the front lot. They have a Sign on the bicycle rack they placed directly in front of their business, and they have a banner below my sign, directly over their entranceway. I obviously have no control over any agreed advertising or signage they may obtain, even though these methods are indifferent to the rest of the complex. In conclusion, I have stayed completely within the code as written, and the idea that our sign is `off premise", through Planning's interpretation, than I immediately suggest that numerous other businesses also in violation to the strict interpretation of this, should also be changed or not allowed to have signage not directly over their entranceway, or on an outside wall that doesn't correlate directly to their business, or over business entrances not their own. Th you, odd Mende Sr. Vice Presiden Primerica Financial Services A Citi Company CITY OF " �YlG�1Gf"yl � ,I IDAHO 6 �N�r� r1itASl;ftE�Y SINCE 1903 MAYOR May 11, 2007 Tammy de Weerd C.I'I Y COUNCIL MEMBERS Keith Bird Joseph W. Burton Todd Mendel Charles M. Rountree Primerica Davidlaremba 1640 W. Cherry Lane, Suite 100 CITY DEPARTMENTS Meridian, ID 83642 City Attorney/HR Mailing Address: 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) Lane. Per UDC 11-3D-9C, the Director shall review and approve the planned sign Fax 884-8723 program for consistency among all signs within the development. 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 o a single -tenant structure or f the storefront of a multitenant structure. Public Works 660 E. Watertower Street This is a multitenant structure with separate tenant entrances. Suite 00 898-5500 /fax 895-9551 3. Furthermore under UDC-1 the Planned Sign Program standards > for wall signs reads: - Building 660 E. Watertower Street Wall signs are permitted in any number, location, or orientation, except Suite 150 887-221 toward an adjoining residential property, provided that the total square 1 / fax 887-1297 footage does not exceed eighteen percent (18%) of the wall face upon - Wastewater which the sign is placed, or nine percent (9%) of the wall if combined 3401 N. Ten Mile Road with afreestanding sign on the same lot. 888-2191 / fax 884-0744 - Water The proposed sign is over nine percent (9%) of the wall face for the 2235 N. W. 8th Street storefront elevation for Primerica. 888-5242 / fax 884-1159 In accordance with UDC 11-5A-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 I'INANCF & UTILITY BII,LING - PAX 887- 4813 MAYOR'S OFFICE -- FAX 884-8119 m 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. Sincerel , i Anna B. Canning, AICP City of Meridian Planning Director 11-1A-1 11-1A-1 that does not now conform to the dimensional standards for the district in which it is located. ff 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 Any sign that incorporates movement of the Oscillating Sign: 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 a[ 11-3D-9: PLANNED SIGN PR TRAM: 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 (1,0001) of street frontage or any portion thereof. The one thousand feet (1,0001) 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_-31D-1.0_of 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 from the allowable background area for the center sign. 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 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) httD://www.sterlinacodifiers.corn/ID/Meridian/13003004000009000.htm 5/10/2007 11-3D-3: PROHIBITED SIGN--. Page 1 of I 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. resemble or conflict with any traffic control device or with the safe and efficieC. Signs which because of color, wording, design, size, movement, location or illumination traffic. nt flow of D. Signs that emit any sound, odor or visible matter. E. Abandoned nonconforming signs. (See subsection 11._-3D-5Aof 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. I. 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 11-3D-_6C1_ and 11-3D-8G, and section 1173D-_9-_of this article. K. Signs for illegal uses. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) �o V/ro � �01y? ere htto://www. sterlin2codiliers. com/ID/Meridian/13 003 004000003 000. htm 5/1 n/,)nn7 s a, r -11 D CC 1� LAW � � l 0 e —'4C 7 ris S1�t, 7�_ s P✓ ze,r �D�ra�GPtJc iS �N �sf S�C� i e Vu✓�KC� (J ►L/'C✓�� �Grr�g 'Q.I't�'4�tC,Ck� `�OJ�i r���PGi �✓ �� Sr�h iS 11o¢ �6av,e, i� Y fey 0A -S'I/ nesS . L-1 — L,,.o - 'f / j -144 fad" c�ok �Z/ vrnCr� and 4ol, c;;i :�7*,;oy- 6ttslires's- 3 .� �-� ���� �i�.s �.u�,.�s S/' ns ovev _ oi�,er eSr�Sljs�� v� S � ��iicCSSe S � /l.©� i'i�°G!� !'�r.�ir �°it �9�2G� S . �"`' � � � 11 � � .- r o .- ov,,& C4.fS E ra�•c,P Y F.Lrt� 30 _ 1i._J nr_a, Z R-Rated Movies Slcl'h iS 1UCc,�cQ ll,c°GrGs�- 7�U �r}r C��4nPYS ���-�hC�,kjG Ale, r'C�� .............. \STEe St„� �c � ��� �e T�GtG�C d� 5�e_ l.�r��l��%�q �'U41� �°/iV%R/t G� ✓ // �On1 PS t s �L� 'y 41 l/ % f S f {7•t Cc S �Si- . 411ida/� o ,� LQ �'J"- �1A l�(irrfA�irig Gnc� OICiPt�! ��' /►'deP7� [l� GJi'S� i s ozc Eel �f vh G.�a�G! mr'�' r�i jft`!o� ®�' ➢�w� Oj�,- %rl�h.e��.eS. Charles Story Dba Stormer LLC 4S65 West Quail Ridge Drive Boise, Idaho, 83703 208-344-8630 June �7111, 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. Z4- r Cf— 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. N6tary Public •,••`���.*n.r����,,i,, .•`� 0 Residing In '•. :_ Residing at Boise, Idaho +ti Expires: isswn Expires: 2/28/2008 -1 J;000 w ca= 3ti JIN '•�•. AlAdxieof 3'1' 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. Mza d 11. 07 OG: 02a Chuck story 208-378-134G p.2 Ulm crossing txuanaang 1610 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 REQUIEIVIENTS: L Tenant shall submit or cause to be submitted to the landlord for approval before fabrication, at least three copies of detailed colored drawings indicating location, 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 their_ installation shall be obtained by the Tenant or his representative and shall conform to all local building and electrical odes as well as the criteria set forth hereafter. 3- All signs shall be designed, co nstructed and installed at Tenant's expense. 4. Tenant shall be required to fulfill all the requirements of these criteria. B. PAD SITES: L 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. NVMBER, LOCATION, DESIGN AND CONSTRUCTION OF SIGNS: L One tenant space on Pylon sign shall be permitted if available. in addition one pad identification sign may be allowed per building if -available. 1 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 Ietters installed directly to wall. Sculptured channel cabinet signs will be allowed only upon written approval from landlord. No raceways permitted a. Allillumination shall be UL approved and have sign company's identification amp load and UL sticker in legible view from ground- S. Total sign length shall not exceed 75% of tenant's. linear feet of leased frontage up to aletter height of 36". 6. Total square footage of wail 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 wiring. 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 b the landlord o s min' Y f said property: Evergreen Chiropractic Primerica