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Meridian Library Sign AP 99-007BEFORE 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, ! 999, 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 5 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 5 AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND 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 MERIDIAN LIBRARY DISTRICT 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 § 11-2-415 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 ROLL CALL: COUNCILMAN ANDERSON day of VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED COUNCILMAN ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAIad~R) DATED: t/--,~ --t52~) VOTED MOTION: APPROVED: ~ DISAPPROVED: Copv served u~on ADnlicant, the Plann~ilamn~,nin~ Der)artment, Public Works d _r- ~. Department and the C~ty Attorn~..4 C~tk Clerk ' ms~Z:~Work~eridian 15360M~eridianLib~w~ ~lSignPermit~ iRG~ntingAppealOver-RulingPZDenail O~ER G~TING ~P~ OV~ r~~ OE P~NING - PAGE 5 OF 5 ~D ZONING ~MINIST~TOR'S ; ~N~O~ MONUMENT SIGN WITH MESSAGE CENTER FOR THE ME~D~ LIBBY DIST~CT ~D O~ER OF ~~D