HomeMy WebLinkAbout2021-05-13 Molly Hagens
Charlene Way
From:Joseph Dodson
Sent:Thursday, May 13, 2021 4:09 PM
To:Chris Johnson; Molly Hagens
Cc:Bill Nary; Robert Simison; Bill Parsons; Charlene Way
Subject:RE: Oasis Night Club
Ms. Hagens,
In addition to the information below and in response to your other questions, a vast majority of your questions were
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answered at the first hearing and then clarified further at the hearing a week ago. Here is the link for the March 18
Commission meeting minutes where you can read how the discussion transpired and hopefully obtain answers to your
questions. The Oasis discussion starts on page 37 of the document, for reference.
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The meeting minutes have not been approved for the May 6 hearing yet but following the Commission meeting on the
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20 you should be able to read the minutes for the May 6 hearing as well.
Regards,
Joseph Dodson | Current Associate Planner
City of Meridian | Community Development
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.884.5533 |
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Chris Johnson
Sent: Thursday, May 13, 2021 3:58 PM
To: Molly Hagens <mollyh@promission.net>
Cc: Bill Nary <bnary@meridiancity.org>; Joseph Dodson <jdodson@meridiancity.org>; Robert Simison
<rsimison@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>; Charlene Way <cway@meridiancity.org>
Subject: RE: Oasis Night Club
Ms. Hagens,
I have added your email to the record. Because a Conditional Use Permit is an application type for which the Planning
and Zoning Commission is the deciding body, a request for Council Review requires a new public hearing process. This
requires an application to the City’s Planning Department. As with any land use application, there are associated fees.
The application process is completed online at https://citizenportal.meridiancity.org/CitizenAccess/Default.aspx. The fee
of $692 is set by City Code and covers the costs associated with a public hearing (legal noticing required by state statute
and city code).
The specific provisions in city code regarding requesting a city council review of a Planning and Zoning Commission
decision is available here: MCC 11-5A-7
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Charlene Way
From:Chris Johnson
Sent:Thursday, May 13, 2021 3:58 PM
To:Molly Hagens
Cc:Bill Nary; Joseph Dodson; Robert Simison; Bill Parsons; Charlene Way
Subject:RE: Oasis Night Club
Ms. Hagens,
I have added your email to the record. Because a Conditional Use Permit is an application type for which the Planning
and Zoning Commission is the deciding body, a request for Council Review requires a new public hearing process. This
requires an application to the City’s Planning Department. As with any land use application, there are associated fees.
The application process is completed online at https://citizenportal.meridiancity.org/CitizenAccess/Default.aspx. The fee
of $692 is set by City Code and covers the costs associated with a public hearing (legal noticing required by state statute
and city code).
The specific provisions in city code regarding requesting a city council review of a Planning and Zoning Commission
decision is available here: MCC 11-5A-7
Any questions related to the process of starting the request via the above website should be directed to Mr. Dodson,
who is copied on this email.
If you have questions regarding other forms of legal recourse including the request for Council Review, they can be
directed to the City Attorney. Mr. Nary is also copied on this email.
For your convenience, below my signature is the complete text of the pertinent section of Meridian City Code linked
above.
Chris Johnson, M.Ed., IdCMC
City Clerk | City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.4433|Email: cjohnson@meridiancity.org
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------
A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission concerning the
administration of this title may be made by an applicant, the Director, or a party of record.
B. All requests for review shall be filed in writing with the department within fifteen (15) days after the written decision
is issued. The request shall include the following information:
1. The decision being requested for review;
2. The name and address of the person requesting the review and their interest in the matter; and
3. The specific grounds upon which the request is made.
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C. All requests for review of the action of the Director or commission, shall require a de novo public hearing before the
City Council as set forth in Section 11-5A-6 of this article to reach a decision to uphold or overrule the action.
D. By simple majority vote, the City Council may uphold or overrule the decision.
1. In the case of consideration of a decision of the Director:
a. If the action is overruled, the City Council shall issue a written decision and send the matter back to
the Director for action consistent with the City Council's decision.
b. If the action of the Director is upheld, the City Council shall issue a written decision stating the decision and
the reasons for the decision.
2. In the case of consideration of a decision of the commission, if the decision is overruled, the Council shall
issue findings consistent with the decision.
E. A request for City Council review stays all proceedings in furtherance of the action unless the Director certifies to the
Council or commission, after notice of the request is filed, that by reason of facts stated in the application, a stay would
in the Director's opinion cause imminent peril to life and property. In such cases, proceedings shall not be stayed other
than by a restraining order which may be granted by the Council or court based on an application, with notice showing
due cause.
F. Within ten (10) days, after a decision has been rendered by the City Council, the Director shall send a copy of the
written decision to the individual requesting the City Council review and the applicant, as may be applicable.
From: Robert Simison
Sent: Thursday, May 13, 2021 3:23 PM
To: Molly Hagens <mollyh@promission.net>
Cc: Chris Johnson <cjohnson@meridiancity.org>; Bill Nary <bnary@meridiancity.org>
Subject: RE: Oasis Night Club
Molly,
As this is still an open application and as you note could be subject to appeal, I am not able to comment outside of the
public process. I have copied our City Attorney and City Clerk so they can address your questions/comments and to
include this email in the record should it be necessary.
Respectfully,
Mayor Robert Simison
City of Meridian
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Molly Hagens <mollyh@promission.net>
Sent: Thursday, May 13, 2021 3:10 PM
To: Robert Simison <rsimison@meridiancity.org>
Subject: RE: Oasis Night Club
External Sender - Please use caution with links or attachments.
Hello Robert,
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I am reaching back out to you regarding the Oasis Night Club, it is my understanding that this establishment is on its way
to being approved.
I was contacted through email and informed that, “Once the Facts and Findings are typed out and submitted by the P&Z
th
Commission, which will occur on May 20 (next Thursday), we have a narrow 2-week window to pay for and complete the
appeal” do citizens truly have to pay to file an appeal?
If this is passed who will enforce the attendance max the developer/business owner submitted in order to help get this
establishment approved? What are the legal recourses the citizens can take against the establishment if the owner’s don’t live
up to what they agreed to?
I’ve seen it before… businesses promise X, Y and Z to get approval and once established do whatever they want without
consequences.
Thank you for your time.
Molly
208-830-7223
From: Robert Simison <rsimison@meridiancity.org>
Sent: Thursday, March 11, 2021 12:08 PM
To: Molly Hagens <mollyh@promission.net>; City Clerk <CityClerk@meridiancity.org>; Liz Strader
<lstrader@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Jessica
Perreault <jperreault@meridiancity.org>; Luke Cavener <lcavener@meridiancity.org>
Subject: RE: Oasis Night Club
Molly,
Thank you for your email. I appreciate you taking time to share your thoughts and comments.
Because this project is part of an open application, myself and City Council members are prohibited from commenting
outside the public hearing. We take public feedback seriously and want you to know that I have received your email and
have read your comments.
A public hearing before the City of Meridian Planning & Zoning Commission will be held on Thursday, March 18, 2021 at
6:00pm. The Planning and Zoning Commission will make the decision on this project unless their ruling is appealed. If
that occurs it would then be heard by the City Council. While I do not have a vote unless there is a tie, any comments
regarding the project should be reserved for that public process.
Your email and my response will be included in the public record. The City Clerk has the project file available online for
review: The Oasis CUP H-2021-0004. Prior to the public hearing anyone is able to review the application materials at any
time as well as submit testimony. If you have any additional comments you are able to submit testimony in advance in a
number of ways. Please note, all forms of testimony hold the same weight. Written testimony may be submitted by
email to cityclerk@meridiancity.org or by text message by texting “Comment” to 31996. Video testimony can be
recorded in advance and sent by email to cityclerk@meridiancity.org. Comments can also be left by voicemail. Please
call (208) 288-5607 to record your voice testimony. For additional information associated with this application please
contact the City of Meridian Planner Joseph Dodson at 208-884-5533.
Thank you again for sharing your comments.
Respectfully,
3
Mayor Robert Simison
City of Meridian
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Molly Hagens <mollyh@promission.net>
Sent: Thursday, March 11, 2021 11:17 AM
To: City Clerk <CityClerk@meridiancity.org>; Robert Simison <rsimison@meridiancity.org>; Liz Strader
<lstrader@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Jessica
Perreault <jperreault@meridiancity.org>; Luke Cavener <lcavener@meridiancity.org>
Subject: Oasis Night Club
External Sender - Please use caution with links or attachments.
Hello All,
I understand that a potential, let’s hope it is truly potential but as the bull dozers have sat on the corner since the sign
came down I think this is more of a formality, night club/BAR/event center may be built on the corner of Ustick and
Eagle Rd.
The building of this facility so close to homes is not a wise idea. A night club/BAR/event center is different than a
restaurant or a store. The homes were there first and the residents’ interests and standard of living should be first and
foremost in your minds when making this decision. In addition how will it impact the value of their homes? Would
you want to live next to something like this? How about noise ordinances, do any exist , how will they be enforced if
they do exist?
If this hasn’t ALREADY been approved why do they already have a website advertising their existence?
But on the other hand a major highway, with people going 55 mph at times, is the perfect place to build a night
club/BAR/event center.
Molly Hagens
208-830-7223
This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam.
4
Chris Johnson
From:Robert Simison
Sent:Thursday, May 13, 2021 3:23 PM
To:Molly Hagens
Cc:Chris Johnson; Bill Nary
Subject:RE: Oasis Night Club
Molly,
As this is still an open application and as you note could be subject to appeal, I am not able to comment outside of the
public process. I have copied our City Attorney and City Clerk so they can address your questions/comments and to
include this email in the record should it be necessary.
Respectfully,
Mayor Robert Simison
City of Meridian
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Molly Hagens <mollyh@promission.net>
Sent: Thursday, May 13, 2021 3:10 PM
To: Robert Simison <rsimison@meridiancity.org>
Subject: RE: Oasis Night Club
External Sender - Please use caution with links or attachments.
Hello Robert,
I am reaching back out to you regarding the Oasis Night Club, it is my understanding that this establishment is on its way
to being approved.
I was contacted through email and informed that, “Once the Facts and Findings are typed out and submitted by the P&Z
th
Commission, which will occur on May 20 (next Thursday), we have a narrow 2-week window to pay for and complete the
appeal” do citizens truly have to pay to file an appeal?
If this is passed who will enforce the attendance max the developer/business owner submitted in order to help get this
establishment approved? What are the legal recourses the citizens can take against the establishment if the owner’s don’t live
up to what they agreed to?
I’ve seen it before… businesses promise X, Y and Z to get approval and once established do whatever they want without
consequences.
Thank you for your time.
Molly
208-830-7223
1
From: Robert Simison <rsimison@meridiancity.org>
Sent: Thursday, March 11, 2021 12:08 PM
To: Molly Hagens <mollyh@promission.net>; City Clerk <CityClerk@meridiancity.org>; Liz Strader
<lstrader@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Jessica
Perreault <jperreault@meridiancity.org>; Luke Cavener <lcavener@meridiancity.org>
Subject: RE: Oasis Night Club
Molly,
Thank you for your email. I appreciate you taking time to share your thoughts and comments.
Because this project is part of an open application, myself and City Council members are prohibited from commenting
outside the public hearing. We take public feedback seriously and want you to know that I have received your email and
have read your comments.
A public hearing before the City of Meridian Planning & Zoning Commission will be held on Thursday, March 18, 2021 at
6:00pm. The Planning and Zoning Commission will make the decision on this project unless their ruling is appealed. If
that occurs it would then be heard by the City Council. While I do not have a vote unless there is a tie, any comments
regarding the project should be reserved for that public process.
Your email and my response will be included in the public record. The City Clerk has the project file available online for
review: The Oasis CUP H-2021-0004. Prior to the public hearing anyone is able to review the application materials at any
time as well as submit testimony. If you have any additional comments you are able to submit testimony in advance in a
number of ways. Please note, all forms of testimony hold the same weight. Written testimony may be submitted by
email to cityclerk@meridiancity.org or by text message by texting “Comment” to 31996. Video testimony can be
recorded in advance and sent by email to cityclerk@meridiancity.org. Comments can also be left by voicemail. Please
call (208) 288-5607 to record your voice testimony. For additional information associated with this application please
contact the City of Meridian Planner Joseph Dodson at 208-884-5533.
Thank you again for sharing your comments.
Respectfully,
Mayor Robert Simison
City of Meridian
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Molly Hagens <mollyh@promission.net>
Sent: Thursday, March 11, 2021 11:17 AM
To: City Clerk <CityClerk@meridiancity.org>; Robert Simison <rsimison@meridiancity.org>; Liz Strader
<lstrader@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Jessica
Perreault <jperreault@meridiancity.org>; Luke Cavener <lcavener@meridiancity.org>
Subject: Oasis Night Club
External Sender - Please use caution with links or attachments.
Hello All,
2
I understand that a potential, let’s hope it is truly potential but as the bull dozers have sat on the corner since the sign
came down I think this is more of a formality, night club/BAR/event center may be built on the corner of Ustick and
Eagle Rd.
The building of this facility so close to homes is not a wise idea. A night club/BAR/event center is different than a
restaurant or a store. The homes were there first and the residents’ interests and standard of living should be first and
foremost in your minds when making this decision. In addition how will it impact the value of their homes? Would
you want to live next to something like this? How about noise ordinances, do any exist , how will they be enforced if
they do exist?
If this hasn’t ALREADY been approved why do they already have a website advertising their existence?
But on the other hand a major highway, with people going 55 mph at times, is the perfect place to build a night
club/BAR/event center.
Molly Hagens
208-830-7223
This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam.
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