HomeMy WebLinkAboutFindings (2)JAN-13-2000 04 09 PM AIM SIGN CO 202 3437598 P. 03
BEPORE TF'IE CITY COUNCIL OF THE CITY OP MERIDYAN
IN THE MATTER OF THE APPEAL )
OF THE PLA~'`tNING A.11D ZONING )
ADMINISTRATOR'S DENIAL OF )
SIGN PERMIT FOR THE MERIDIAN )
LIBRARY LOCATED AT Y 32 b `W. )
CHERRY LA.'VE, MERIDL~N, IDAY-IO )
,)
CASE NO: AP-99-007
ORDER GRANTING
APPEAL, OVER-RULING OF
PLANNING AND ZONIivG
AAMINISTRATOR' S
DENIAL OF MOtiTUMENT
SIGN'WI7'I-I MESSAGE
CENTER FOR'I,Hl~
MERYnIAN Y.ITiRA.RY
DIS'T`RICT AND ORDER OF
REMAND
This matter coming before the City Council on December 21, 1999, at 7;30
p.m., upon the appeal of the Meridian Library District, by and L.hrough its
represontative, AI1vI Sign Company, Inc., and the Council having received the Apptal
Application form, and the record in this matter, and having heard the aro ments and
presentation of Shari Stiles, the City of Meridian Planning and Zoning
Administrator, and appearing on behalf of the Applicant, Ron Harold, representative
of AIl1~i Sign Company, Inc., and Patricia Younger, from the Meridian Library
District, and being fully advised in the premises issues the following Findings of Fact
and Conclusions of Law and Decision and Order:
ORDER GRANTING APPEAL OVER-RULING OF PL~'VNING -PAGE 1 OF S
AND ZO:`'ING ADMIl~'ISTRATOR'S DENLA.I.OF yI01~;UMEri'T
SIGN' W'YTH MESSAGE CENTER FOR TI-IE MERIDL~N
LIBRARY DISTRICT AND ORDER OF REMAI~ID
JAN 13 '00 16 25 202 3437598 PAGE.03
JRN-13-2000 04;09 PM AIM SIGN CO
202 3437598 P. 04
'i'~:~l~fi~....i~•3~~M.......1~7~'fA~r'L''i~1~A~Y ...........................................................N~:~i2.......~.:~..,;~ ....,..
,,~:
FINDINGS QF PACT
1. The Nleridian Library District submitted for approval, to the n(anning
and Zoning Administrator, a sign as depicted in AIM Sign Company, Inc. Design
Approval, Job Name MERIDIAN LIBRARY, dated 12-16.99, Site flan Scale 1/2"
1'0".
2. The Planning and Zoning Administrator's office denied the Electronic
Message Center portion of the proposed sign upon the basis that it violated the
provision of § 1 I-2-4I5 C paragraph 7 of the Nlwnicipal Code, which prohibits, signs
in all districts, e~ccept as otherwise provided by ordinance with '`flashing lights or
strobe lights of any color".
3, The Meridian Library District, through its representative, AIM Sign
Company, Inc., timely filed an appeal of the Administrator's determination and
decision for hearing before the Clty Council.
4. The Meridian Library District has agreed to turn the message center oFf
when the Library is closed and to use the system, which will be used for the ,
SaA s~ ~~ "~ ~'+n• iu c./v~M C /GOO s't"r%e5 oa'tt/oor' / n e;~ d ps[~.~`~
Electronic Message Center, is a ,which emit
Clec,r
very little light, and will be a colored system
and rnrill not use the "clash" message
'` system display.
ORDER GRANTING APPEAL OVER-RULING OF PLA~'~1I:vG -PAGE 2 OF ~
AND ZONING AD>VIINYSTRATOR'S DENTI4L OF MONUMENT
SXGN 'W'ITH MESSAGE CENTER POR THE MERIDIA~1
LIBRARY DISTRICT A:\iD OT.DER OF REtVIAiVD
JAN 13 '00 16 25 202 3437598 PAGE. 04
JAN-13-2000 04;10 PM AIM SIGN CO 202 3437598 P. 05
......:......:YAN:'i2': ~,~i~.....i~: ~i~~M..... 'M~'ib~Aiti "L'7~~A1~`............................................................ NO~: ~ ~i ~...... p.; ~;;~.
S, Subject to the conditions of Finding no. 4, herein, the proposed
Electronic Message Center is not a "flashing lights or strobe lights" prohibited sign,
and therefore the decision of the Administrator of denial is over-ruled.
CONCLUSIONS OF LAW
1. The City oe Nlerldlan has duly enacted the following ordinance
provisions regulating signs as follows;
1. I The activities and types oP siRr-s shall be expressly prohibited in
all districts except as oth~rwlse provided by this Ordinance.
1,7 Flashing lights or strobe lights of any color.
2. The City ordinances provide at § I 1-2.404 D I a of the Municipal Code
for an appeal, hclring and review by the City Council of an order, requirement,
decision, interpretation or determination by the Planning and Zoning Administrator.
DECISION AND ORDER GRANTING APPEAL, OVER•ILULING OF
PLANNING AND ZONING pDMINISTR.ATOR'S DENIAL OP ELECTRONIC
1VIESSAGE CENTER PORTION OF 1ViERIDIAN LIBRARY DISTRICT SIGN
AND ORDER OF REM.~4~1D
Based upon the above and foregoing Findings of Fact and Conclusions of Lati~r
IT IS I-IEREBY ORDERED A2~1D THIS DOES ORDER TIiAT:
1. The decision of the Planning and Zoning Administrator of denial of the
ORDER GR.AiVTING APPEAL OVER-RULING OP PL4i~11~'ING -PAGE 3 Or- S
A;~iD ZONING ADMINISTIt~TOR'S DENIAL OF MONUMENT
SIGN WI'T'H 1VIESSAGE CENTER FOR THE MER[DIA~f
LIBRARY DIS~'RYCT A1~D ORDER OF REMAI~ID
JAN 13 '00 16 26 202 3437598 PAGE. 05
JRN-13-2000 04 11 PM R I P1 SIGN CO 202 3437598 P. 06
.,....:....'JAI`1.~12.Z@00 ...12~39PM.......MERIDZAI`I LIB~ARY ...........................................................NQ.~c1c...,. -F'.5i5.............,
Electronic Message Center portion of the proposed sign upon the basis chat it
violated the provision of ~ 11.2.4I~ C paragraph 7 of the Municipal Code, tivhich
prohibit signs in all districts except as otherwise provided by ordinance with:
''Flashing lighu and strobe lights of any color", !s over-ruled upon the condition cllac
the Meridian Library• District has agreed to turn the message cancer off
when the Library is closed and to use the system, which will be used For the
Sansfrt- McAn~.Ar~ ldoo sBr,E•y mN~a~oo/ lit>a~~'s«"
Electronic Message Center, a ,which emit very
C leu~
little light, and will be a sir colored system
and will not involve the use°clie "flash"
message system display and otherwise is in accordance with the presentation and
dimensions as depicted in AIM Sign Company, Inc. Desi~ Approval, Job Name
ylERIDIAN LIBRARY, dated 12.16.99, Site Plan Scale 1/2" ~ 1'0".
2. This matter is remanded to the Plaru~ing and Zoning Administrator for
further attion in accordance with this decision.
NOTICE OF FINAL ACTION
Please take notice chat this is a final action of the governing body of the Cicy
of Meridian. rursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely afCectitd by the denial of
'` the appeal may within twenty-eight (2$) days after the date of this decision and
ORDER GRA:~ITING APPEAL OVER RULING OF PLAI~`:~1I:~IG -PAGE 4 OF S
A~~iD Z0~1I:~TG ADMIN'ISTRATOR'S DENL~. OF MONUMENT
SIGN WITH MESSAGE CE~1TE1~ FOR THE MERIDL4I~T
LIBRARY DISTRICT AND ORDER OF RE'~rIAND
JAN 13 '00 16 27 202 3437598 PAGE. 06
JRN-13-2000 0411 PM AIP1 SIGN CO
202 3437598 P. 07
........ J'A~~:'i~:~~0~.....i~.;dlapM......M~'i1ti2'A1w~L''f~A~Y ............................................................Ni~~:~'i~...... -p•:6~~,................
order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Coda.
By action of the City Council at its regular meeting held on the ~_ day of
a~cwl. ? ov
ROLL CALL;
COAL"NCILiVL~:~i ~'~TDERSON
CO'UNCILMAN' BEN'T'LEY
COUNCILMA'v BIRD
COUNCILMAN ROUNTREE
VOTED,
VOTEb~
VOTED `L
VOTED
MAYOR ROBERT D. CORB,zE (TIE BREAIGER) VOTED
Dt1TED: /-- ~ -~O~
iviOTI0~1:
APPROVED: .
Copy served upon Applicant, the Plann~~
Depanm nt and the City Attorney.~,~•~`;.~~
DISAPPROVED: _
malu~-ing Department, Public Worlcs
'~~
,,
~,
By. Dat$ -
icy Cleric ~ ~~.~.
•~ msc,~Z:\WorltlM~Mertdlan 1S36~M\Merldlan lshmry A I Slgn Petmic~ RG~hany,Appcs~Over•Rullna['ZDensll
--
.~,''~~ Sr 1 ~' . `~.
ORDER GRANTING APPEAL OVL~,- .'®~,NING -PAGE 5 OF S
AND ZONING ADMINISTRATOR'S` ~~ MONL'ME~1T
SIG\' WITH MESSAGE CENTER FOR THE MERIDIA~1
LIBRARY DISTRICT AND ORDER Op REMAND
JAN 13 '00 162? 202 343?598 PAGE.O?
December 16, 1999
MERIDIAN CITY COUNCIL MEETING: DECEMBER 21, 1999
APPLICANT: MERIDIAN LIBRARY AGENDA ITEM NUMBER: ~_
REQUEST• APPEAL OF P8~Z ADMINISTRATOR'S DENIAL Of SIGN PERMIT
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED DOCUMENTS
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: S ,~
ADA COUNTY STREET NAME COMMITTEE:
~~
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION: /; /~
SETTLERS IRRIGATION: (`"~ I ,
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
• •
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE APPEAL )
OF THE PLANNING AND ZONING )
ADMINISTRATOR'S DENIAL OF )
SIGN PERMIT FOR THE MERIDIAN )
LIBRARY LOCATED AT 1326 W. )
CHERRY LANE, MERIDIAN, IDAHO )
CASE NO: AP-99-007
ORDER GRANTING
APPEAL, OVER-RULING OF
PLANNING AND ZONING
ADMINISTRATOR'S
DENIAL OF MONUMENT
SIGN WITH MESSAGE
CENTER FOR THE
MERIDIAN LIBRARY
DISTRICT AND ORDER OF
REMAND
This matter coming before the City Council on December 21, 1999, at 7:30
p.m., upon the appeal of the Meridian Library District, by and through its
representative, AIM Sign Company, Inc., and the Council having received the Appeal
Application form, and the record in this matter, and having heard the arguments and
presentation of Shari Stiles, the City of Meridian Planning and Zoning
Administrator, and appearing on behalf of the Applicant, Ron Harold, representative
of AIM Sign Company, Inc., and Patricia Younger, from the Meridian Library
District, and being fully advised in the premises issues the following Findings of Fact
and Conclusions of Law and Decision and Order:
ORDER GRANTING APPEAL OVER-RULING OF PLANNING -PAGE 1 OF S
AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT
SIGN WITH MESSAGE CENTER FOR THE MERIDIAN
LIBRARY DISTRICT AND ORDER OF REMAND
• •
FINDINGS OF FACT
1. The Meridian Library District submitted for approval, to the Planning
and Zoning Administrator, a sign as depicted in AIM Sign Company, Inc. Design
Approval, Job Name MERIDIAN LIBRARY, dated 12-16-99, Site Plan Scale 1/2" _
1'0".
2. The Planning and Zoning Administrator's office denied the Electronic
Message Center portion of the proposed sign upon the basis that it violated the
provision of § 11-2-415 C paragraph 7 of the Municipal Code, which prohibits signs
in all districts, except. as otherwise provided by ordinance with "flashing lights or
strobe lights of any color".
3. The Meridian Library District, through its representative, AIM Sign
Company, Inc., timely filed an appeal of the Administrator's determination and
decision for hearing before the City Council
4. The Meridian Library District has agreed to turn the message center off
when the Library is closed and to use the system, which will be used for the
Electronic Message Center, is a LED (Light Emitting Diodes System), which emit
very little light, and will be a amber colored system with equivalent light from the
LED of approximate 5 watt incandescent system, and will not use the "flash" message
system display.
ORDER GRANTING APPEAL OVER-RULING OF PLANNING -PAGE 2 OF S
AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT
SIGN WITH MESSAGE CENTER FOR THE MERIDIAN
LIBRARY DISTRICT AND ORDER OF REMAND
r
5. Subject to the conditions of Finding no. 4, herein, the proposed
Electronic Message Center is not a "flashing lights or strobe lights" prohibited sign,
and therefore the decision of the Administrator of denial is over-ruled.
CONCLUSIONS OF LAW
1. The City of Meridian has duly enacted the following ordinance
provisions regulating signs as follows:
1.1 The activities and types of signs shall be expressly prohibited in
all districts except as otherwise provided by this Ordinance.
1.2 Flashing lights or strobe lights of any color.
2. The City ordinances provide at § 11-2-404 D 1 a of the Municipal Code
for an appeal, hearing and review by the City Council of an order, requirement,
decision, interpretation or determination by the Planning and Zoning Administrator.
DECISION AND ORDER GRANTING APPEAL, OVER-RULING OF
PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC
MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BAND SIGN
AND ORDER OF REMAND
Based upon the above and foregoing Findings of Fact and Conclusions of Law
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
1. The decision of the Planning and Zoning Administrator of denial of the
ORDER GRANTING APPEAL OVER-RULING OF PLANNING -PAGE 3 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT
SIGN WITH MESSAGE CENTER FOR THE MERIDIAN
LIBRARY DISTRICT AND ORDER OF REMAND
^~
Electronic Message Center .portion of the proposed sign upon the basis that it
violated the provision of § 11-2-41 S C paragraph 7 of the Municipal Code, which
prohibit signs in all districts except as otherwise provided by ordinance with:
"Flashing lights and strobe lights of any color", is over-ruled upon the condition that
the Meridian Library District has agreed to turn the message center off
when the Library is closed and to use the system, which will be used for the
Electronic Message Center, a LED (Light Emitting Diodes System), which emit very
little light, and will be a amber colored system with equivalent light from the LED of
approximate 5 watt incandescent system, and will not involve the use the "Flash"
message system display and otherwise is in accordance with the presentation and
dimensions as depicted in AIM Sign Company, Inc. Design Approval, Job Name
MERIDIAN LIBRARY, dated 12-16-99, Site Plan Scale 1/2" = 1'0".
2. This matter is remanded to the Planning and Zoning Administrator for
further action in accordance with this decision.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the denial of
the appeal may within twenty-eight (28) days after the date of this decision and
ORDER GRANTING APPEAL OVER-RULING OF PLANNING -PAGE 4 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT
SIGN WITH MESSAGE CENTER FOR THE MERIDIAN
LIBRARY DISTRICT AND ORDER OF REMAND
order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the `~'" ~ day of
ROLL CALL:
COUNCILMAN ANDERSON VOTED G o~
COUNCILMAN BENTLEY VOTED-_~~~
COUNCILMAN BIRD VOTED_~
COUNCILMAN ROUNTREE VOTED w
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~r ~- 00
MOTION:
,`~~p~11„1111/-~-~f
APPROVE _ DISAPPROVED: ~~,
~~ ~T~ 1j.
G
Copy served upon Applicant, the Planning and Zoning Department, Pti~lic o~~~ x
Department and the City Attorney. z ~ ~,
G g ' '~
By: ~C~~<-- _ Dated: ~~ ~ ~ l / '•, O r tst • p~ ~~~•+
City Cleric ++~'~''~~ ~„a~ ~„+~~~~~~`~~.
msg/Z:\Worlc\MWleridian 15360M\Meridian Library Appeal Sign Permit\ORDERGrantingAppealOver-RulingPZDenait
ORDER GRANTING APPEAL OVER-RULING OF PLANNING -PAGE 5 OF S
AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT
SIGN WITH MESSAGE CENTER FOR THE MERIDIAN
LIBRARY DISTRICT AND ORDER OF REMAND
112 W. 38th • Boise, Idaho 83714
(208) 343-7525 • FAX (208) 343-7598
RE°E~D
DEC 2 3 1999
City of Meridian
City Clerk Office
City of Meridian
Planning and Zoning
200 E. Carlton Ste.201
Meridian, ID
December 22, 1999
The Meridian District Library agrees to refrain from using flashing type display on their
double-sided message center. They also agree to turn the unit offat night when the
library is closed. If you have any questions please feel free to call. -~ti.~ s w ; i~
~~~~ ~ n ~ f v i'z / c SS'a~ C C'e n ~t j /70 f ~~-~ pv,°r ~`. .2 , E .
/~6/~/Di.9.~/ GiB.e~,e ~
Thank you,
~~~
Ron Harrold
Aim Sign Co., Inc.
P.~. ~ ~-
~~ ~prCti-'~ Di rector