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HomeMy WebLinkAboutCecil Cherry & Sons CUP' Y CECIL CHERRY & SONS CONDITIONAL USE PERMIT FOR LAUNDRAMAT 309 WEST CHERRY LANE COMMENTS 1. Ada County Highway District: See Attached. 2. Central District Health: Approve with Central Water & Sewer: 3. City Engineer: See Attached: 9. Police Chief: See Attached: 5. Earl Ward, Sewer Supt.: Reassessment of Hookup Charges required, also future expansion would require reevaluation: Sewer system adequate for this usage. 6. Planning & Zoning Meeting held May 12, 1986, City Attorney instructed to Prepare Findings of Fact. t I 7. Special Planning & Zoning Meeting held May 28, 1986, P&Z approved the Findings of Fact and recommended that the City Council deny this applic- ation for a Conditional Use Permit. 8. Nampa Meridian Irrigation: Lateral ditch along Cherry Lane to be protected, All surface water has to be retained on site. 9. Two Letters that were submitted in opposition at P&Z Meeting Attached: 10. Petition submitted after P&Z Hearing in favor of this useage signed by 109 persons. f� Y -r IM w. lor p A 7 I t Al ./ �'• "`-� nI C-'/f �( CI !ice �','�} /' •' tj" - 0 0 I L/ 44 41 ZZ-) x -I Limit - AA -6Z-1 'i Alp �� ��IJ Z 6 r h h - ��� . Le)% 0 OFFICIALS JACK NIEMANN City Clerk A.M KIESERT.Treasure, BRUCE D. STUART. Water Works Supt WAYNE G. CROOKSTON, JR., Attomev EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief ROY PORTER, Police Chief GARY SMITH, City Engineer May 29, 1986 • H1 F 01 TRE I URE 1 ",41 1 Fl • A Gt.od Place to Live CITY OF MERIDIAN COUNCILMEN BILL BREWER RONALD R TOLSMA 728 Meridian Street J. E BERT MYERS ROBERT GIESLER MERIDIAN, IDAHO 63642 BOB SPENCER Phone 888-4433 Chairman Zoning & Planning GRANT P. KINGSFORD Mayor Cecil Cherry & Sons 1424 Meridian Street Meridian, Idaho 83642 Subject: Request for Conditional Use Permit: Dear Mr. Cherry, At the Special Meridian PLanning & Zoning Meeting held May 28, 1986, the Planning & Zoning Commission recommend- ed to the Meridian City Council that your request for a Conditional Use Permit be denied. We have published in the Valley News for a Public Hearing before the Meridian City Council on this request for June 16, 1986. If it is your decision not to proceed any further with this request, please advise. Sincerely ,J apx-mignia CiXy C erk :/Mayor & Council Attorney File % 1 0 • P LAN L I Iv C o 2 0, ;11 1117_.'_ l c, 9& Special Meeting of the Meridian P anr,ing & Zoning Commission called tc order at 5:15 p.m. by Chairman Bob Spencer: Members Present: Walt Morrow, Jim: Johnson, Jin. Shearer, Torr Cole: Members Absent: Moe Alidjani: Others Present: Dennis Kelly, Maria Azeveda, Jim Christie, Grant Kingsford: Item #1: Findings of Fact & Conclusions on Annexation & Zoning Request by Ron Van Aucker. Chairman Spencer, are there any comments or questions of the Commission on these Findings? There was no response. The Motion was made by Morrow and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings Of Fact and Conclusions as prepared on the Van Aucker request. Motion Carried: Roll Call Vote: Cole, Yea: Shearer, Yea: Johnson, Yea: Morrow, Yea: The MOtion was made by Morrow and seconded by Cole that it is hereby recommended to the City Council that this Petition for Annexation and Zoning, should be conditionallyapproved, which conditions should be investigated and discussed by the City Council. Motion Carried: 7--_1 Yea: Iters: $2: Findings of Fac_ and Conclusions or. Conditional Use Permit -reques t by Ceci i Ch err r o Sons: Chairman Spence_, are there any comments or cuestions of the Commission on these Findinas. mere was nc response.. The Motion was made by Morrow and seconder. b%' Cole that the Meridian Planning b Zoning Commission hereby adopts anc approves the Findings of Fact and Conclusions as prepared on the Cecil Cherry & Sons request. Motion Carried: Roll Call Vote: Morrow, Yea: Johnson, Yea: Shearer, Yea: Cole, Yea: The Motion was made by Morrow and seconded by Cole that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the Conditional Use Permit request- ed by Cecil Cherry & Sons for the property described in the application. Motion Carried: All Yea: Item #3: Findings of Fact & Conclusions on Conditional Use Permit request by Larry Bowen: BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CECIL CHERRY CONDITIONAL USE PERMIT 303 W. CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing May 12, 1986, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 12, 1986, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 12, 1986 hearing;- that earing;-that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That this property is located within the City of AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4481 0 AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counselors P& Box 427 Meridian, hiaho ON42 Telephone 8884461 • • Meridian and is owned by the applicant, Cecil Cherry, and is described in the application which description is incorporated herein the property is known as 303 W. Cherry Lane; 3. That the property is located in "L-0" Limited Office district, which requires a conditional use permit for the operation of a laundromat which is the use the application requests; that the Applicant indicated his proposal is to have a "manned" laundromat which person would do other peoples' laundry and would also be an attendant to keep the business clean and orderly. 4. That the "L -O", Limited Office district is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-0) Limited Office District: The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-0 District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. That a self-service laundromat is an allowed conditional use in the limited office district; that commercial laundries are not either a principal permitted use or an allowed conditional use in the limited office district. 6. That the building within which the laundromat would be AMBROSE, FITZGERALD dCROOKSTON Attorneys and Oounwlon P.O. Box 427 Morldlan, Who $3542 Telephone 585 4151 e situated has an orthodontist office and a dentist office on either side of where the laundromat would be located. 7. That the property to the west is a chiropractors office and single-family dwellings; the property to the east is a church; the property to the south is vacant land which is owned by the Applicant and was initially proposed to be developed as office space; the properties to the north across Cherry Lane are mobile home courts. 8. That a proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed; 9. That several people appeared at the hearing objecting to the use of the property as a laundromat; one was the chiropractor, who owns adjacent property and two others were tenants in the subject building, both whom felt the use would be incompatible with their uses; 10. That the property is presently used for office purposes; one tenant being an orthodontist and the other tenant being a dentist; 11. That the Chief of Police submitted written comment which indicated a possible pedestrian traffic and safety problem with residents of the mobile homes on Cherry Lane crossing Cherry Lane without the benefit of a control light. CONCLUSIONS 1. That all the procedural requirements of the Local 3 Y��AY AMBROSE, FITZGERALD dCROOKSTON Attorneys and Oounwlon P.O. Box 427 Morldlan, Who $3542 Telephone 585 4151 e situated has an orthodontist office and a dentist office on either side of where the laundromat would be located. 7. That the property to the west is a chiropractors office and single-family dwellings; the property to the east is a church; the property to the south is vacant land which is owned by the Applicant and was initially proposed to be developed as office space; the properties to the north across Cherry Lane are mobile home courts. 8. That a proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed; 9. That several people appeared at the hearing objecting to the use of the property as a laundromat; one was the chiropractor, who owns adjacent property and two others were tenants in the subject building, both whom felt the use would be incompatible with their uses; 10. That the property is presently used for office purposes; one tenant being an orthodontist and the other tenant being a dentist; 11. That the Chief of Police submitted written comment which indicated a possible pedestrian traffic and safety problem with residents of the mobile homes on Cherry Lane crossing Cherry Lane without the benefit of a control light. CONCLUSIONS 1. That all the procedural requirements of the Local AMBROBE, FnuERALD BCROOKSTON Anorm" end Couneelon P.O. Box 427 McNdlan, Idaho 03042 Telephone 0084401 0 • Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the applicant's property and having obtained the consent of 75% of the owners of property within 300 feet of the external boundaries of the applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission specifically concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. AMBROBE, FMUERALD &CROOKBTON ANomays and Counwlms P.O. Box 127 Meridian, Idaho $3012 Telephone 888 101 b. c. d. e. f. 9• The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning ordinance requires a conditional use permit to allow the use. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the,general vicinity such being designated as limited office but the operation and and maintenance of a laundromat adjacent to dental offices could be inharmonious and incompatible. That the use would not be hazardous but could be disturbing to existing or future neighboring uses such as the existing orthodontic, dental, and chiropratic uses. The property is already connected to sewer and water line. The use would not create excessive additional requirements at public cost for public facilities and services and no conclusion is made whether the use would be detrimental to the economic welfare of the community. The use could, and likely would, involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. ,� c h. The parking for the property and the proposed use apparently would be adequate. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. The possible, and desired, pedestrian traffic from the mobile home park, without a crosswalk control signal, is not desireable. 6. The fact that the use could be defined as a commercial laundry, which is not a principal permitted use or an allowed conditional use weighs against the application. AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8881461 0 3 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Morrow Commissioner Alidjani Commissioner Johnson Commissioner Shearer Commissioner Cole Chairman Spencer (Tie Breaker) Vote Vote Voted' Vote Voted /0 Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the Conditional Use Permit requested by the Applicant for the property described in the application. MOTION: AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone BBB -4481 APPROVED: DISAPPROVED: F e s v s`kr c 0 t Y,ti, W4� i�l 2 �$ 3 MERIDIAN PLANNING & ZCWG O MAY 12, 1986 PAGE # 4 There were no questions of Mr. Kelly. Spencer, is there anyone else present who wishes to testify on this request? There was no response. The Public Hearing was closed. The Motion was made by Morrow and seconded by Cole to have the City Attorney prepare Findings of Fact and Conclusions and that these Findings show a postive recommendation to the City Council on this request. Motion Carried: All Yea: Item #4: Request for Conditional Use Permit by Cherry & Sons: Chairman Spencer, is there anyone present representing this request? Mr. Kim Cherry, 1524 Meridian Street, Mr. Cherry was sworn by Spencer: Cherry, we own the property between 3rd & 4th Street off of Cherry Lane, we have a professional office building on this property that was built in 1979, in that building there are three offices, at one end is Dr. Tingy and the other is Dr. Brady, the center office space is approx- imately 1600 square feet and we have had considerable problems keeping the space rented over the past five years. What we propose at this hearing is a Conditional Use Permit to allow a public laundromat in that space. One reason for this is we have concern for the amount of professional office space that is presently vacant and the amount that is being constructed. We feel that this would be a good location for a facility of this type. We did not have any opposition from the resid- ents in the area. We realize the tenants on both sides of this are concerned the effect this will have on their business. Our concern is that this be a positive venture for them as well as for us. The laund- romat would be manned during all operating hours, six days a week Monday through Saturday, hours 7:00 a.m. to 10:00 p.m something in that order. Basically that is all I have to say is there any questions? Johnson, is this a list of people within 300 hundred feet? Cherry, yes this is all the property owners -E;7ithin the 300 foot requirement of the Conditional Use Permit. I might mention I received the comment sheets that were submitted, the requirements by the Ada County Highway District, one of the things they had mentioned was to provide curb gutter & paving on West 4th Street, that is not adjacent to this property, I talked to Jon Thompson and there is a misunderstanding there, he thought that the property on the corner was going to be developed.,as far as that requirement we would request that this be waived. Spencer, at this time I will enter into the record two letters, one from Terrell Tingy and the other from Rodney Brady both in opposition to this request. Terry Tingy, 303 West Cherry Lane, Mr. Tingy was sworn by Spencer: Tingy, I have my Orthodonist Office in this building, I purchased t V } d' P 1�v I', 3fi MEs:IDIAN P & Z MAY 12, 1986 PAGE # 5. the practice from Dr. Packard in 1982 who had been in this building since it was built. I finished the original term of the lease which was six years, during that time we paid for leasehold improvements which approached $20,000.00. I would like to go on record as opposing a laundromat immediately adjacent to my office on the grounds that it- is contrary to my views on how I want to appear or project my image to the community. A professional office which delivers health care seeks a place of business where traffic is more subdued and calmer than commercial environments and where people have the feeling of privacy to receive the treatment I provide. I object to the late hours and the accompanying noise when it comes to a laundromat and feel it would be unfair if I was forced to endure such an encroach- ment upon my professional privacy and if that were so it would be very costly for me to move and relocate my practice. Alidjani, what are your hours? Tingey,8;00 a.m. to 5:00 p.m. basically. Cole, while you have been there has the whole building complex been full at one time? Tingey,there three units, the middle unit has been virtually vacant most of the time. Cole, when there was something in all three offices was the parking adequate? Tingey,Yes, it has been. Alidjani, then the middle building is where the laundromat is going to go? Tingey, that is my understanding. Dr. Barry Sams, 403 Cherry Lane, Dr. Sams was sworn by Spencer. Sams, Mr. Cherry came to me a couple of weeks ago and informed me of his plan to put a laundromat in his building, this happened approx- imately four years ago also and I was very concerned at that time because that is where I wanted to establish my practice at 403 Cherry Lane and I was concerned as to what it might do to property values and the late hours and the same concerns that Dr. Tingey has already expressed.I entered a objection at that time and then it did not go any further. Mr. Cherry came to me again this year and I did sign that as far as I was concerned it was ok and it was my understanding that both Dr. Tingey and Dr. Brady were satisfied. Since that time I have been thinking about a great deal and have put myself in their place and I know that I would feel the very same way that they do, I would also want to relocate, again patients are very sensitive about where they are coming to for a service and about the hours and the people around there. Mr. Cherry has tried to give as much as a guarantee as would be humanly possible to establish the type of criteria we would want in terms of hours but there is no guarantee there is no guarantee of the place being kept up or of the place be- ing sold, so there are no guarantees as far as I am concerned, as MERIDIAN P & Z MAY 12, 1986 PAGE' # 6 r much as he would like to give me those guarantees. I would like it to show on the records that I am also opposed to having a laundromat there. Spencer is there anyone else present who wishes to testify? There was no response, The Public Hearing was closed.Any questions of the Commission? Morrow, Mr. Cherry what did you want to say? Cherry, first of all I hope I did not represent to Dr. Sams that we had the support of Dr. Tingey and Dr. Brady. One of the things that prompted us to go ahead with this was that Dr. Tingey was unwilling to renew a six year lease.The concern was as to what the property was going to do or how it was going to develop. We have tried at times to market the property, in fact we even approached both Dr. Tingey and Dr. Brady. We are concerned about the property being on a break-even basis. I understand the concerns they have as professional people. Alidjani, did you at any time when you were leasing the property to them either verbally or in writing promise them what could or could not go into the middle section? Cherry, no, other then the zoning that was orginally requested. Morrow, there appears to be extra land here, is this building the first phase of a professional comples? Cherry, we had six building approved to go in there. Morrow, one of the comments of the Police Chief was that they were concerned about pedestrian traffic in a full four lane street, the pedestrian coming back and forth across that to the laundromat from the Mobile Home Park, have you figured this impact? Cherry, I guess the thing I would say is that you do not see a lot of people packing all that laundry, you see them putting it in the car and driving to the laundromat. I don't feel there would be any more foot traffic than there is now. Spencer, have you read the City Engineers comments? Cherry, yes, I have and I have talked to the Engineer about those. The Motion was made by Alidjani and seconded by Cole to have the City Attorney prepare Findings of Fact and Conclusions on this request: Motion Carried: Morrow; Nay: Alidjani, Yea: Johnson, Nay: Shearer; Yea: Cole; Yea: Item #5: Public Hearing: Conditional Use Permit for Larry Bowen: Chairman Spencer, is there anyone present to represent this request? Larry Bowen, 205 W. 5th, Emmett, Mr. Bowen was sworn by Spencer: a , u r i 4,- F -6-Ad _ *'Ecwwyu t a �- n t.-S'" '�, �'' °'°,r �x ``f .� 'c,.: : -•�•� i F, 3�,e- '. } r 5t•: '�'" �Gi.-'sEc* _ 47 10 Zoning v �� - ='i$ Mem-idiri �Sz t»�x� t � ieridian, Idaho $ X42 ra , <x_ -•�"»,� "� .' "- IL -fig a� Dears�� aner�c�-5ar� A,, y - r &ti a✓ �.",-�' `_L „x.p „3,.�.. � � Sa � °; t ,���r4 � �a `"�, r'a-:�-y. .., E - -�' �.`�� �T �-�Vx �* `° � _ f. iga f .;_ he z la Frofe� ona� �ajt3€l° KS max` gr * adl%Si�r�t a L a -�"'.'�h--,6 �++xyd "^`L -AfA4 �1 �L.ilF es ti�ir T� he _ n � � c1ti8b?, - IL C 32i �'� , wz x�c.��r u iX��aAall y}�{�L sofs si so anch •u5„A-y:p.�+�y y� [� pmt Tye. a '+ �£F��%$#_. i✓,iy-/.:{.� i,4'Y�1�6+i#.�r 'E+-iisiLRi;�liri'vya"43 �S ri..�i,Vi},GL ,� `yam ,�'�• i- '"5���#F: 14�„r''.r=..rte r p �r e tt ted boba' Tu i- � � `eek ittlex��r,�atxorr-- iF- �k.'ee `hame. : Er� - h oamt€�eza `= r t -k i:iiM a �'$ il 4Yfi713$t+ 4 ,� �"4#��? Eecii?311+3.1`S?ilit? sof s ;;Olt ,P �qr,�. 3r..ri...'a*--e ,�. _- g'" 'rr "� '.'.d"c.•-'f'x .s. "S+y,�` _a'sh ' `.moi"`-`nS`°�c,-�. 'Y' -ar -„� '1'�°" _ L � s '.�� " `�.I3�I1�S�3n ��`k .�7Zo��S�al�Yta� Mill 111nlot x y �Irrar,�u bei �t TM 0 May 12, 1986 RODNEY D. BRADY. D.D.S. 313 WEST CHERRY LANE MERIDIAN. IDAHO 83642 TELEPHONE (208) 888-7888 Meridian Planning & Zoning Commission 728 No. Meridian Meridian, Idaho 83642 Dear Sirs: • I presently lease office space at 313 W. Cherry Lane in a pro- fessional office building, owned by Cecil Cherry and Sons. To this point in time, the Cherry's have been good landlords and the building has served well for my purposes, that being a dental practice. I believe the building enhances the surround- ing community and fits well into the present zoning of light office, which I believe is correct for this area. I am presently opposed to the proposal to change the zoning of the building or area to commercial or anything other than what it is at this time. I do not believe commercial zoning would be in the best interests of the neighborhood,or surrounding professional businesses and churches. Sincerely, I-- . vte, RODNEY D. BRADY D.D.S. RDB/mr V _NN11 t ' • e • CECIL CHERRY & SONS CONDITIONAL USE PERMIT FOR LAUNDRAMAT 309 WEST CHERRY LANE COMMENTS 1. Ada County Highway District: See Attached. 2. Central District Health: Approve with Central Water & Sewer: 3. City Engineer: See Attached: 4. Police Chief: See Attached: 5. Earl Ward, Sewer Supt.: Reassessment of Hookup Charges required, also future expansion would require reevaluation: Sewer system adequate for this usage. 6. Planning & Zoning Meeting held May 12, 1986, City Attorney instructed to Prepare Findings of Fact. 7. Special Planning & Zoning Meeting held May 28, 1986, P&Z approved the Findings of Fact and recommended that the City Council deny this applic- ation for a Conditional Use Permit. 8. Nampa Meridian Irrigation: Lateral ditch along Cherry Lane to be protected, All surface water has to be retained on site. ADA COUNPY HIGHWAYtISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 Inter -Department Correspondence To: Ada County Highway District Commission Date: May 1, 1986 From: Development Services Subject: MERIDIAN CONDITIONAL USE - CHERRY LANE & WEST FOURTH LAUNDRY MAT FACTS & FINDINGS: 1. To construct a laundry mat on the southeast corner of Cherry Lane and West Fourth Street. 2. Cherry Lane is under construction. Access is to be as shown on plans. 3. West Fourth Street has 30 -feet of right-of-way west of centerline and no right-of-way east of centerline, 30 -feet of right-of-way is required, and is improved with 26 -feet of pavement and curb, gutter and 4 -foot sidewalk on the west side of the street. SITE SPECIFIC REQUIREMENTS: : I. Provide by dedication 30 -feet of right-of-way from the centerline of West Fourth abutting parcel. 2. Provide curb, gutter, 4 -foot sidewalk, and matching paving on West Fourth abutting parcel. 3. Provide pedestrian ramp on the corner of Cherry Lane and West Fourth, in accordance with Idaho Code, Section 40-1335. 4. Contact all utilities concerning services, as no street cuts will be allowed for a period of five years. STANDARD REQUIREMENTS: 1. Improvements to the dedicated right-of-way to be designed and constructed to ACRD standards and specifications. 2. Submit a site drainage plan showing that site drainage will not flow onto Ada County Highway District right-of-way, in accordance with Boise City Code 11-3-54 (A) Vere applicable - and ACHD policy. 3. Any work within ACRD right-of-way requires a permit. For information regarding the requirements to obtain a permit, please contact Quality Control at 344-6111, extension 430. CU, DR, or PDC file number required. POLICY IMPLICATIONS: I. Requirements are made to Meridian Planning & Zoning Commission as condition for compliance. SIGNATURE OF STAFF SUBMITTING: Jon D. 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C, V w PC8 4 3 H 2 0 r C r tr O tr ',Ll Li E 3 y V r_, a' 7 a t r ►-� a o a SAD d Gni f3D r K da-' tOD 8 8 3 II �c a rt It a 0 a fD O• 't7 rtft a r- . w ►nc a a 4. fA D £ rt w fD rt �i A o a w O f.•• w 9 E N v ��' Fes+ v 3 a 03 r N M O f�D ?? n O 0 0 �K73�'0 G_N, a n a- ►�� rt 0 m � �•3 PC r• " u a N p a O O. a rt K r b O OK K a ic O�rt O a rt AK aM O7 n a C lKD r 77 CA MK0 m art~ "► to K S m 0C rt M r . a pa a" o �- � nm f ° .• `rt aO 0 r• O a rr �c b K fD a a �ft a K �e 2 rt rt w m ••. w `.d O C r' = v rte•- � n0 rt rpt ~ a rrts 3 =' N LTJ rte• to rt t+ a b rtEn H r•0 brta 0 a z = ft ~ CO :1m a • ro ,C 01 rtrt N r• tr O N a 00 rn H 0 CrJ n H r n x tl K En O z En C, 10 C m H • • Cecil Che- L Sons 152'cj^ r:� 1= t �L7n c-ns--ds--"=t4 r)r v--- here '-t_ with -.r .:'" Cil?= _"eques t `C C 't- 'T 11S ? "_'T.'t tl st 8 CO?1IIlerCi p- - i � 1aunQr n CL'.'_' of_"ick 30c '7- L, C Derr L -ie ',,u - _ ,r.: -I cans_, e ,, -U -c=: --- this r�au - . Kin 1'. Cherry• l� Cecil Cher_ L Sons • C' t'-- V LLL'LC" T • Cecil Che --r L_ 31-.i-,.F- 152,' cr_. 157' _ c'_"' �,-1? J•� . Jv'-'— 17 l� - :.-'t-= ! u� c-ns;der�t _or_, t�:e here bi,- w thdral- ou_ reouest ic,-� a c ,n t; ,., US ne_m;-t t' ��stall a commercial laundrir it Cu, Or_iCe )- �.t 300 ?asst C:".em r LaY_e_eri3ia �. . _,, ,L -- ..l._r CO2^S i cle. t_O_ in this mtt?_ , Sincere!,-.,, Kim TT. Cherri,T Cecil Cherr;,- L Sons PRINTED NAME 7;ver.. \ 1 r City of Mer.:c3ian is Ada County, Idaho ORDINANCE 466 VERBAL TESTIMONY of SPEAKERS at PUBLIC HEARING SING -UP SHEET EVERYONE MUST SIGN THIS SHEET IF THEY WISH TO SPEAK! SIGNED NAME RESIDENTIAL ADDRESS TO SPEAK m in AMBROSE, FITZGERALD 5 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83542 Telephone 885-4481 • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CECIL CHERRY CONDITIONAL USE PERMIT 303 W. CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing May 12, 1986, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 12, 1986, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 12, 1986 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by the applicant, Cecil Cherry, and is described in the application which description is incorporated herein the property is known as 303 W. Cherry Lane; 3. That the property is located in "L-0" Limited Office district, which requires a conditional use permit for the operation of a laundromat which is the use the application requests; that the Applicant indicated his proposal is to have a "manned" laundromat which person would do other peoples' laundry and would also be an attendant to keep the business clean and orderly. 4. That the "L-O", Limited Office district is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-0) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-0 District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. i 5. That a self-service laundromat is an allowed conditional use in the limited office district; that commercial laundries are not either a principal permitted use or an allowed AMBROSE, conditional use in the limited office district. FITZOERALD & CROOWON 6. That the building within which the laundromat would be Attomays and Counaalon P.O. Box 427 Marldlan, Idaho 83!42 ToWphonstiB8d4eI AMBROSE, FITZGERALD OCROOKSTON Ariomayaand COYRNIOR P.O. Box 427 McNdIm, Idaho 63042 Talaphom 66&1/01 0 i situated has an orthodontist office and a dentist office on either side of where the laundromat would be located. 7. That the property to the west is a chiropractors office and single-family dwellings; the property to the east is a church; the property to the south is vacant land which is owned by the Applicant and was initially proposed to be developed as office space; the properties to the north across Cherry Lane are mobile home courts. 8. That a proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed; 9. That several people appeared at the hearing objecting to the use of the property as a laundromat; one was the chiropractor, who owns adjacent property and two others were tenants in the subject building, both whom felt the use would be incompatible with their uses; 10. That the property is presently used for office purposes; one tenant being an orthodontist and the other tenant being a dentist; 11. That the Chief of Police submitted written comment which indicated a possible pedestrian traffic and safety problem with residents of the mobile homes on Cherry Lane crossing Cherry Lane without the benefit of a control light. CONCLUSIONS 1. That all the procedural requirements of the Local AMBROSE, FMERALD al, CROOKSTON Attomep end Counseloni P.O. Box 427 McNdlen,83542 Idaho Telephone BB3 461 0 • Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the applicant's property and having obtained the consent of 75% of the owners of property within 300 feet of the external boundaries of the applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission specifically concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. C. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the.general vicinity such being designated as limited office but the operation and and maintenance of a laundromat adjacent to dental offices could be inharmonious and incompatible. d. That the use would not be hazardous but could be disturbing to existing or future neighboring uses such as the existing orthodontic, dental, and chiropratic uses. e. The property is already connected to sewer and water line. f. The use would not create excessive additional requirements at public cost for public facilities and services and no conclusion is made whether the use would be detrimental to the economic welfare of the community. g. The use could, and likely would, involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to FlnaEF" person, property or the general welfare by reason of A CWOWON excessive production of traffic or noise. Attorneye and counselors P.O. Box 471 Meridian, Idaho tl3l42 Telephone 0 0 h. The parking for the property and the proposed use apparently would be adequate. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. The possible, and desired, pedestrian traffic from the mobile home park, without a crosswalk control signal, is not desireable. 6. The fact that the use could be defined as a commercial laundry, which is not a principal permitted use or an allowed conditional use weighs against the application. AMBROSE. FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Morrow Vote k Commissioner Alidjani Vote Commissioner Johnson Vote / �10 Commissioner Shearer Vote&K Commissioner Cole r Chairman Spencer (Tie Breaker) Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the Conditional Use Permit requested by the Applicant for the property described in the application. MOTION° AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888401 APPROVED AAI qtq DISAPPROVED : r - - a v 3 O, r .. G v roa N ►-� 3O He,j N ' . .�►cci row ro� a aK cO M (D . lb 0; C�o toT 01104 tr ��K �K�w :000" 0>4 -, ft N O £ rt (D a' b fr n 3 to N ': rt w • W`3~o5w�n K OW �' rO K O O w m F,• m (D :3 (aM(DD U2 fD PIS, rrtt K caEm N OCK OpOKrtaO £w4m K K M O O n rt m 0�• rt 0 N O 0 O F+• 0 O W K tD ^ '~ w o a ro ^ rt 11 p o a rr m n N m �o a m F, rt wm w co N (D In Fa, fah ' d ' � rrtt K K p' r Ow O m�t 'ro c~i HZ ►< :-3-m 0� rt � t7 O µ m �O n 0 o KI d rct rt o Frs1+- F•+ Oa r N A+ ° r~z ro p.. 0 v ►.• �i H o rat ta-+ a ro rt v' a H I -L o b `* o a m czi to O O ~ ON rtH ° �. p rnN N .�• C rt1-4 O K CA ® OD 3 � 14 CD wm a K vgu to w N z t7 jJ CO F-4 H p 1w+ fD d m H. r• G m O' 9 brtw " N CL �•i Im9 o K a w n w w" R t- w n P) w rt n m m M Fj (D K Q n m rwt r~t b $ 7d ? a O 6.1 w x CL w 03 (D n (D 31 n ~OP. to OQa � w�N S fD 0o n a mKw rt rt to H O 0 I-- m a n rt� 4-3 a s m n w o �:r 0 w $ H p � O o4 0' w e (D rt W w (D N (D g� N K w o 0 rt 11.7 .. Qµ = N W t>r n rt to o (D o a rt m rb W g ►Kc d w w ti ° � o ° a rt Lo (D (D rt O rt o.. (D O rt w o rt y. 0 n d a •� rt N rt a K w w FJ- (D a .o rt c O N t 3 � 14 CD wm a K vgu to w N 0 • CECIL CHERRY & SONS CONDITIONAL USE PERMIT FOR LAUNDRAMAT 309 WEST CHERRY LANE COMMENTS 1. Ada County Highway District: See Attached. 2. Central District Health: Approve with Central Water & Sewer: 3. City Engineer: See Attached: 4. Police Chief: See Attached: 5. Earl Ward, Sewer Supt.: Reassessment of Hookup Charges required, also future expansion would require reevaluation: Sewer system adequate for this usage. e ADA COUNTY HIGHWAY DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 Inter -Department Correspondence To: Ada County Highway District Commission Date: May 1, 1986 From: Development Services Subject: MERIDIAN CONDITIONAL USE - CHERRY LANE & WEST FOURTH LAUNDRY MAT FACTS & FINDINGS: 1. To construct a laundry mat on the southeast corner of Cherry Lane and West Fourth Street. 2. Cherry Lane is under construction. Access is to be as shown on plans. 3. West Fourth Street has 30 -feet of right-of-way west of centerline and no right-of-way east of centerline, 30 -feet of right-of-way is required, and is improved with 26 -feet of pavement and curb, gutter and 4 -foot sidewalk on the west side of the street. SITE SPECIFIC REQUIREMENTS: 1. Provide by dedication 30 -feet of right-of-way from the centerline of West Fourth abutting parcel. 2. Provide curb, gutter, 4 -foot sidewalk, and matching paving on West Fourth abutting parcel. 3. Provide pedestrian ramp on the corner of Cherry Lane and West Fourth, in accordance with Idaho Code, Section 40-1335. 4. Contact all utilities concerning services, as no street cuts will be allowed for a period of five years. STANDARD REQUIREMENTS: 1. Improvements to the dedicated right-of-way to be designed and constructed to ACHD standards and specifications. 2. Submit a site drainage plan showing that site drainage will not flow onto Ada County Highway District right-of-way, in accordance with Boise City Code 11-3-54 (A) Where applicable - and ACHD policy. 3. Any work within ACHD right-of-way requires a permit. For information regarding the requirements to obtain a permit, please contact Quality Control at 344-6111, extension 430. CU, DR, or PDC file number required. POLICY IMPLICATIONS: 1. Requirements are made to Meridian Planning & Zoning Commission as condition for compliance. SIGNATURE OF STAFF SUBMITTING: Jon D. Thompson g � SFr .,t =t 4 = { xl .W moi: i, g � SFr .,t ONTRAL DISTRICT HEALTH DEPARTMES ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise Rezone # Eagle Conditional Use # Preliminary/Final/Short Plat Kuna ACZ 1. _ We have no objections to this proposal. 2. We recommend denial of this proposal. 3. _ Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. _ We will require more data concerning soil conditions on this proposal before we can comment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. We can approve this proposal for: Central sewage _Interim sewage _Individual sewage _ Comn-mi.y sewage system and Central water Individual water _ Com unity water well. 8. Plans for aCentral sewage _Community sewage system _Sewage dry lines, and Central water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. _ Street runoff is not to create a mosquito breeding problem. 10. _ This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swinufmg pools or spas)(grocery store). 13. i co O Zi O a v ID R ori O. 7 W m rt %a a' IAC O 4 w n O0 �- a K a m r• La a fa �c a m K N CL ►G w � a � A 'j w w m rt o woa � a m O% K �- r rt tr wr 11111111 11111111 "-"3~zm> > 3 n r ro a p� C w a a a c3D T K It a (D a cr "v rr N w'c r ID I Im-' �_ W � N O p IV W ww a � rt ID K tj o a rOr W IECFO+- �G ro o N K a wlDKwma O Ir+ A k O a w b Fes+• rtrA O `C N O r b H ft m n n v (KD b M x `c A K !+- ID r - ►o w m w w w O (D mr M N 0 rw IC W rt rr W C h0 n p K R 04 a+ ID n fin P. a K m r r o z r w b rt rt 1-6 N a a O ct rr r r v aC rr 0 `e , r V H tv W 0 m ._m a K p 0 1 tC-4 CC0 Cm a G r K O a r m 9 9 9 tr p r a a a rt N4 N r rt W N M? f�D W- m w Gd 3 CL `3 3 O = K v- 0.O K m A 7 KtrA %at a)K 7 N R 3 rr O K «3 CL q r, Cp H Z em o j an --�s00 _ � n iMx - IO v' n m KN f0f rt K H w m m '< O t i Oo tD wy K (� Z ►� ((DD K m H < M r H z O O a n 0 v Qtq m m a ~r z 1-4 a z ccn cn L1] I+ m ttj D N 0► _ � y N 7 a ' g y a •� m K a c, � rr rD r - - _ v O '° r H A E 3 r4 c, Q so,r-i 3 �-+ z A �' =' 3 3 C1 [+] G7 � '� ', ''rJ a m W �, •- r�D O k a O O a ►< tt o a m a a m w �- w w e a c c rt a m 9 a• o ►e a rt a o a a �. w •� m n rr o y- M IE It p3�°► w rw w a M 'tw mo xo o 1eDO a aa oWO rt n a mom a rt mK°waa c r rt a C f o+ om ' ME 0 O m oto rt n N O cs r A a h. 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O 0• I, r- a �+o N ia MO rt va) h I- ~ �. rv �a a m 0° m dK Zn w w m 9 w K r w t- rt Or- mK n K N O.w� O ro O zH � wm ��" n vo rt z w o m -D w w rt n y M I-+rt� 22 NL=1 p.. .. ►� z m ct En sm rt ~ H ko 0 m w o rt ~ K ro °1oaE rt, ►J 1� w O F' C rt N r O H t (gyp . i ~ M v 00 .3J Ql N E � a O w K m to N � H O O w 'UIt0 w 0 H CL � In �K� tv a H AP 0 ft CO N m O b ti 0O w. 0 K n z F, mrt m y W4 d CD En o w o a y m 1 0 °rt' n K z x sv r NCL In a a m O : rt a z cA � N (n L=J @ a n £ ro a w m 11i a ft H a rt 0 :1 rt 4.^ w W W W EO �\ G z r I V 0 Wes 4 w IN PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required material. 3. Three-fourths (75%) of those persons owning property within 300eet must agree to this Conditional Use before the proposed use will be conside ed. WE THE UNDERSIGNED DO NOT OBJECT To SING THE LOCATED ATj O q )At `%te�-e{ /G'1� , MERIDIAN, FOR THE PURPOSE OF e Co>.?I r- C i ee- / a e, y4 C -i- - NAME ADDRESS PHONE DATE IV Ce"W smse. 4 63 P '/ S .Z'y &4101— s�E�7f 31 w 0k qWE 3 6 — ► L{ , L D r J �1- j 5 L I Lv L! `f- .12. (I'fl3 F/j t� 1 2 `4 5 �' + \J 21 3 Ir I� I� 12 II 10 9 8 7 5 16 23 Coq 6Q T 8 LONGFORD O �ryMER DR 18 0 10 11 12 13 14 15 24 25 26 27 28 29 3016 a /� BY/•4 z .� j 7 " 12 2 r 3 S ICI ® 312 I� v s o A T W 8 14® Np 5 P® , Q 4 3 2 I 1 5 1 �® lit � J 4 LAWNCALE ` S 4 3 2 t,s® V �2 I ®� 2' . a '1 AL1 tL � B- •o 1 Ljz Q 674 a 3 3 3os 'o 6d 'ye rl QN- ?06 V ct �C 7 Ae J CQP'D �1 iso' bIz W o� 140 cry /0 9 4311 1.2 12 2 3 ie 17 P, h \�8 17 e i 28 ias j CD ' N ' El - 2 MAPLE AVE. 8 0 9 B 7 6 3 4 3 2 7 78 MA PLE 2 s I 18. a 6 4 1 9 3 2 1 4 ♦ i 8 CAMELLIA AVE. s j / 2 3 q 6 3 � SHERRY A. 1 C HEPI< Y AV. � v 7 9 ,p f� 12 ;I3� cH RRY4 �1sl�lA/GToti �e �2 l4• II �CWERFt�' �.VE 7 a e a r �� � Lf) 30� 6 in 54 t v I 2 Y 4 y 21 3 • 7 17 I� 12 II 10 9 8 4 5 7 8 e LONGFORD • 16 ®3 CR�ryMER R 18 z 10 II 12 13 14 15 24 25 26 27 28 29 30 16 8 12 d� 7,6 l 3 2 4 1013 G2 12 7 1 +� 14O p\® J 8 3 $- Z AP S i5 18 20 8 Q8 4 3 2 I 1 l m J 4 Qe b • LAWNDALE�a4®I A- 5 4 3 2 r� 3® V 0 L 9J 2 1A 2 z V � o L .LASE ----- _ ----- -- -- sw B r� f� • 6a ! 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ASaIMG'TO� - ''' w rs :6 L 9 7 ' 4� 3 2 '� f r_ 0 0 MERIDIAN CITY COUNCIL FEBRUARY 2, 1987 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p,m.: Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Moe Alidjani, Kenny Bowers, Kevin Robertson, Bob Wherry, Miriam Barr, Wayne Crookston, Terry Tingy, Rod Brady, Cecil Cherry: 4 The Motion was made by Tolsma and seconded by Myers to approve the Minutes of the previous meeting held January 19, 1987 as written: Motion Carried: All Yea: Item #1: Findings of Fact and Conclusions on Conditional Use Permit Application for Cecil Cherry & Sons: Mayor Kingsford, does the Council have any questions or comments? Tolsma, Mr.Cherry are you still proceeding? If we approve this tonite when do you plan on having this in operation? Cherry, Yes, it will probably take two to three months. Giesler, I have a problem with this, I feel we are doing a disservice to the Professionals that are in this building, it is a professional center, and they did move in there with the understanding it was a 01 professional center. I would rather keep it as it is until the day they have decided to move out or whatever they intend to do, I know there is talk of that and when they do I would have no problem with this request. Brewer, I have a brief comment, this has been a long drawn out thing for several years, I have come to the conclusion that Dr. Tingy is the more solid lesse of the two, I have been given the impression that Dr. Brady has been searching elsewhere and I dont' believe he is going to -be a permanent lessee. If mr. Cherry has taken -the time-- -- and money to come back again, I can't help but feel once in a while that maybe a person should have the right to do what they want with their own property. I guess in my own mind I am ready to let Mr. Cherry do what he wants over there. The Motion was made by Myers and seconded by Brewer that the Meridian City Council hereby adopts and approves the Findings of Fact and Conclusions as prepared by the City Attorney on the application for a Conditional Use Permit by Cecil Cherry. Motion Carried: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Nay: The Motion was made by Myers and seconded by Brewer that the City Council of the City of Meridian hereby approves the Conditional Use :jLZRIDIAN CITY COUNCI� FEBRUARY 2, 1987 PAGE # 2 Eli Permit requested by the Applicant for the property described in the application subject to compliance with all City Ordinances and Codes, particularly, as they relate to sewer, water, building codes and fire anel-life saftey codes and that a Building Permit has to be obtained within one year from this approval date. Motion Carried: Three (3) Yea: One (1) Nay: Item #2: Pre -Termination Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford, You have been informed in writing, if you choose to, you have the right to a pre -termination hearing before the Mayor and Council, to appear in person to be judged on facts and defe#d the claim made by the City that your water, sewer and trash bill is delinquent, You may retain Counsel. Is there anyone in the audience who wishes a pre -termination hearing? There was no response. Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on February 10, 1987. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, Pursuant to Idaho Code. Even though they appeal the water will be shut off. The Motion was made by Myers and seconded by Giesler to approve the turn-off list: Motion Carried: All Yea: Mayor Kingsford, the amount of the delinquencies is $5,217.93: Item #3: Approve the Bills: The Motion was made by Myers and seconded by Tolsma to approve payment of the bills: Motion Carried: All Yea: Department Reports: Mayor Kingsford, the next meeting will be held on Tuesday February 17, 1987 due to Monday the 16th being a Holiday. Mayor Kingsford read a Proclamation deblaring the week of February 8-14, 1987 as Vocational Education Week and urged the residents to support the Vocational Education Week. City Attorney, I petitioned the Court for Attorney Fees in the Amyz matter and they granted a $4,000.00.plus some other costs. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Boa 427 Meddlan, Idaho 83842 Telephone 8884481 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CECIL CHERRY CONDITIONAL USE PERMIT 303 W. CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for initial public hearing June 16, 1986, at the hour of 7:30 o'clock p.m., and again on December 15, 1986, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notices of the public hearings on the Conditional Use Permit were published for two (2) consecutive weeks prior to the public hearings scheduled for June 16, 1986 and December 15, 1986, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 16, 1986 and December 15, 1986 hearings; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That this property is located within the City of a , Meridian and is owned by the applicant, Cecil Cherry, and is described in the application which description is incorporated herein and the property is known by the address 303 W. Cherry Lane; 3. That the property is located in a "L -O" Limited Office district, which requires a conditional use permit for the operation of a laundromat which is the use the application requests; that the Applicant indicated his proposal is to have a "manned" laundromat which person would do other peoples' laundry and would also be an attendant to keep the business clean and orderly; that the representations of the Applicant indicate the operation would be more in the nature of a self-service laundro-mat as oppossed to a commercial laundry. 4. That the "L -O", Limited Office district is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L -O) Limited Office District: The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature ,offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. That a self-service laundromat is an allowed AMBROSE, FIMIERALD &CROOKSTON conditional use in the limited office district; that commercial Attomeye erul Counselors P.O. Box 42? Meridian, Idaho 83842 Telephone 888-4481 A AMBROSE. FITZGERALD & CROOKSTON Attorneys and Couneelors P.O. Box 427 Mesidlan, Idaho 83842 Telephone 8854481 laundries are not either a principal permitted use or an allowed conditional use in the limited office district; 6. That the building within which the laundromat would be situated has an orthodontist office and a dentist office on either side of where the laundromat would be located; 7. That the property to the west is a chiropractors office and single-family dwellings; the property to the east is a church; the property to the south is vacant land which is owned by the Applicant and was initially proposed to be developed as office space;.the properties to the north across Cherry Lane are mobile home courts; 8. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission and City Council have been given and followed; that after the first City Council meeting held June 16, 1986, the Applicant indicated a desire to withdraw his Application and no further action was taken on the Application; that subsequently, on November 24, 1986, the Applicant submitted a request to withdraw the withdrawal and proceed with the Application; that prior to proceeding before the City Council on December 15, 1986, a certified mailing of the Notice of Hearing was again mailed to all property owners within 300 feet of the premises; additionally Notice of Hearing was again published in the Valley News for two consecutive weeks prior to the December 15, 1986, hearing; 9. That several poeple appeared at the initial City AMBROSE, FITZGERALD 6 CROOKSTON Attomeye and Couneelorn P.O. Box 427 mandlan, Idaho 83842 Telephone 888448/ 0 0 Council hearing objecting to the use of the property as a laundromat; one was the chiropractor, who owns adjacent property and two others were tenants, but not owners, in the subject building, all three whom felt the use would be incompatible with their own uses; that at the last Council hearing the Applicant represented that the dentist and orthodontist would not be renewing their leases in the building and would be moving; that neither the chiropractor, dentist or orthodontist appeared at the Council meeting December 15, 1986; that the Applicant filed the requisite petitions indicating that 75% of the owners of property within 300 feet of the premises had no objection to the proposed conditional use; 10. That the Chief of Police submitted written comment which indicated a possible pedestrian traffic and safety problem with residents of the mobile homes on Cherry Lane crossing Cherry Lane without the benefit of a control light. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have beer met including the mailing of notice to owners of property within 300 feet of the external boundarie's.of the Applicant's property and having obtained the consent of 75% of the owners of property within 300 feet of the external boundaries of the Applicant's property; 2. That the City of Meridian has authority to grant AMBROSE. FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Marldlan, Idaho 83642 Telephone 8884461 is • conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 (D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 (C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the. City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area; the City Council specifically concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. C. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity such being designated as limited office but the operation and maintenance of a laundromat adjacent to dental offices could be inharmonious and incompatible but these uses apparently will no longer be in the building. d. That the use would not be hazardous and would not be disturbing to existing neighboring uses as the existing orthodontic and dental uses will not be located there. e. The property is already connected to sewer and water lines but the use will create additional sewer and water requirements. f. The use would not create excessive additional requirements at public cost for public facilities and services and no conclusion is made whether the use would be detrimental to the economic welfare of the community. g. The use would not involve a use, activity,, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. The parking for the property and the proposed use apparently would be adequate. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. AMBROSE, 5. Since the time of the Planning and Zoning commission FITLOERALD & CROOKSTON Attorneys and Couneelors P.O. Box 427 Meridian, Idaho 83842 Telephone 8881481 AMBROSE, FITZGERALD &CROOKSTON Attomaya and Counselore P.O. Box 427 McNdlan, Idaho 83842 Telephone 8881481 • 0 Findings were made and since the time of the initial City Council hearing, June 16, 1986, it has become apparent that two of the major objectors, who were not even property owners, will be vacating the premises; that the only remaining property owner in the area who apparently still would object is the Chiropractor; all other owners in the area apparently either consent to the use or have no opinion. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL Councilman Brewer Voted 2 Councilman Tolsma Voted Councilman Myers Voted vre y Councilman Geisler Voted Mayor Kingsford (Tie Breaker) Voted f DECISION The City Council of the City of Meridian hereby approves the Conditional Use Permit requested by the Applicant for the property described in the application subject to compliance with all City Ordinances and codes, particularly, as they relate to sewer, water, building codes and fire and life safety codes. -- SEE MINUTES FOR ADDITIONAL CONDITION: 0 • MOTION APPROVED: / IV cy DENIED: AMBROSE, FITZGERALD A CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83012 Telephone 8884461 e e BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CECIL CHERRY CONDITIONAL USE PERMIT 303 W. CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for initial public hearing �une 16, 1986, at the hour of 7:30 o'clock p.m., and P again onDecember 15, 1986, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notices of the public hearings on the Conditional Use Permit were published for two (2) consecutive weeks prior to the public hearings scheduled for June 16, 1986 and December 15, 1986, th6, first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 16, 1986 land December 15, 1986 hearings; that the public was 9 given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. wBROBE, 2. That this property is located within the City of !TZOERALD :ROOKBTON :torrptye atro 3ounselm .O. Box 427 aatan, Idaho 83642 l h ne &8841461 I� AMBROSE, FITZGERALD sCROOKSTON Attomsys and Couftwors P.O. Sox 127 Aorldlan, IdaW B3S12 apttone 886401 Meridian and is owned by the applicant, Cecil Cherry, and is described in the application which description is incorporated herein and the property is known by the address 303 W. Cherry Lane; ;. rhal the property is located in a "L -O" Limited Office district, wh- ch requires a conditional use permit for the operation or a laundromat which is the use the application requests, that. tte Applicant indicated his proposal is to have a "manned" laundromat which person would do other peoples' laundry and would also be an attendant to keep the business clean and orderly; that the representations of the Applicant indicate the operation would be more in the nature of a self-service laundro-r-mat as oppossed to a commercial laundry. 4. That the "L -O", Limited Office district is described in the Zon ng Ordinance, 11-2-408 B. 5 as follows: (L+O) Liriited Office District: The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-0 District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5.; That a self-service laundromat is an allowed 1 conditional use in the limited office district; that commercial AMBROSE, FITZGERALD &cROOKSTON Attorneys WW counwon P.O. Box 427 Aorlttlen, Idaho 83842 epnone 8884481 laundries are not either a principal permitted use or an allowed conditional use in the limited office district; 6. That the building within which the laundromat would be situated has an orthodontist office and a dentist office on either side of where the laundromat would be located; 7.; That the property to the west is a chiropractors office and single-family dwellings; the property to the east is a church;�the property to the south is vacant land which is owned by the Applicant and was initially proposed to be developed as office space; the properties to the north across Cherry Lane are mobile 4ome courts; 8. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission and City Co ncil have been given and followed; that after the first City Council meeting held June 16, 1986, the Applicant indicated• a desire to withdraw his Application and no further action was i taken Un the Application; that subsequently, on November 24, 1986, the Applicant submitted a request to withdraw the withdrawal and proceed with the Application; that prior to proceeding before the City Council on December 15, 1986, a certifi?d mailing of the Notice of Hearing was again mailed to all property owners within 300 feet of the premises; additionally Notice of Hearing was again published in the Valley News for two consecutive weeks prior to the December 15, 1986, hearing; 9. That several poeple appeared at the initial City AMBROSE, FITZGERALD CROOKSTON 4ltorneye atnd Couneelon P.O. Box 427 :E,ndsan, Idaho 4;842 ygn co "X461 CounCili hearing objecting to the use of the property as a Laundromat; one was the chiropractor, who owns adjacent property and two others were tenants, but not owners, in the subject building, all three whom felt the use would be incompatible with their own uses; that at the last'Council hearing the Applicant represeInted that the dentist and orthodontist would not be renewing their leases in the building and would be moving; that neither;'the chiropractor, dentist or orthodontist appeared at the Council meeting December 15, 1986; that the Applicant filed the requisite petitions indicating that 75% of the owners of property within 300 feat of the premises had no objection to the proposed I conditional use; 10. That the Chief of Police submitted written comment which ipdicated a possible pedestrian traffic and safety problem I with re idents of the mobile homes on Cherry Lane crossing Cherry Lane wi hout the benefit of a control light. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property and having obtained the consent of 75% of the owners of property within 300 feet of the external boundaries of the Applicant's property; 2.1 That the City of Meridian has authority to grant AMBROSE, =ITZGERALD CROOKSTON morneys and Counselors P.O Box 427 .dndlan,Idaho 83642 ,phano 88&4481 0 • conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-21418 oil the Revised and Compiled Ordinances of the City of Meridian, Idaho; i 3, That the City of Meridian has authority to place conditions on a conditional use permit and the use of the propert pursuant to 67-6512, Idaho Code, and pursuant to 11-2-41 (D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4., Than 11-2-418 (C) of the Revised and Compiled I Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the.City Council shall review applications for Conditional Use Permits; that upon a revi w of those requirements and a review of the facts present�d and the conditions of the area; the City Council specifically concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c.; The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity such being designated as limited office but the operation and AMBROSE, FITZGERALD ;CROOKSTON Attorneys and Counselors P.O. Box 427 AMIdtan, Idaho 83842 0+906ne 8884481 M e. f.` 9• i. 5. maintenance of a laundromat adjacent to dental offices could be inharmonious and incompatible but these uses apparently will no longer be in the building. That the use would not be hazardous and would not be disturbing to existing neighboring uses as the existing orthodontic and dental uses will not be located there. The property is already connected to sewer and water lines but the use will create additional sewer and water requirements. The use would not create excessive additional requirements at public cost for public facilities and services and no conclusion is made whether the use would be detrimental to the economic welfare of the • community. The use would not involve a use, activity „ process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. The parking for the property and the proposed use apparently would be adequate. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Since the time of the Planning and Zoning Commission AMBROSE, FITZGERALD iCROOKSTON Attorneys and Cmmsebn P.O. Box 427 daddlan, Idaho ,sptk0ns 8B8,4481 0 Findings were made and since the time of the initial City Council hearing June 16, 1986, it has become apparent that two of the major o jectors, who were not even property owners, will be vacatin the premises; that the only remaining property owner in the ar a who apparently still would object is the Chiropractor; t all other owl:.r:: in the area apparently either consent to the use or have no opinion. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS , The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL Councilman Brewer Votee Councilman Tolsma Voted veq Coyncilman Myers Votedj Councilman Geisler Votedf/a d Mayor Kingsford (Tie Breaker) Voted DECISION The City Council of the City of Meridian hereby approves the ConditL6nal Use Permit requested by the Applicant for the property described in the application subject to compliance with all City Ordinances and codes, particularly, as they relate to sewer, water, building codes and fire and life safety codes. O.D X/ it 0 i I I MOTION p APPROVED :, 7- AMBROSE, FITZGERALD i CROOKSTON Couft"We P.O. BOX 427 ISO" BB041¢t E DENIED: 1 CITY COUNCIL • JANUARY 5, 1986 PAGE # 5 the agreement terminates on that date, more or less as a matter of courtesy. This would not require a default note in this case. The Motion was made by Tolsma and seconded by Myers that the City Attorney draw up a letter to Claremont. Development -Company advising them that the development agreement terminates on May 4, 1987 and there will be two payments and interest due should development proceed. Motion Carried: All Yea: Ztem #4: Request by Cecil Cherry & Sons to continue until February meeting consideration of the Findings of Fact and Conclusions of Law on their request for a Conditional Use Permit: Mayor Kingsford, Mr. Cherry sent a letter and I believe all the Council Members have received a copy saying he is out of town and would like this continued until the February meeting. i The Motion was made by Myers and seconded by Brewer to continue the Findings of Fact and Conclusions of Law on the request for a Cond- itional Use Permit by Cecil Cherry & Sons until February 2, 1987: Motion Carried: All Yea. Item #5: Pre -Termination Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford, you have been informed in writing, if you choose to, you have the right to a pre -termination hearing January 5, 1987 before the Mayor & Council, to appear in person to be judged on facts and - defend the claim made by the City that your water, sewer and trash bill is delinquent, you may retain Counsel. Is there anyone in the audience who wishes a hearing? There was no response. Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on January 13, 1987. In order to have their water turned back on, there will be an addit- ional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judical District Court, pursuant to Idaho Code. Even though they appeal, the water will be shut off. The Motion was made by Myers and seconded by Brewer to approve the turn-off list. Motion Carried: All Yea: Mayor Kingsford, the amount of the delinquencies amounts to $6979.37: Item #6: Approve the Bills: The Motion was made by Myers and seconded by Tolsma to approve the bills: Motion Carried: All Yea: Jan 30, 1986 Mayor Grant Kingsford Members of the Meridian City Council I would like to express my objection to the proposed conditional use permit for CHERRY AND SONS PROFESSIONAL PARK. I own the or- thodontic office which has been a faithful tenant since the building's construction in 1979. I am committed to a lease with the Cherrys until November 1987, which is renewable for another 2 years. In the planning of my business, it is my desire to conduct the specialty of Orthodontics in a neighborhood of fellow profes- sionals. The present zoning of this property and the fact that the Cherrys represented themselves as a "PROFESSIONAL PARK" seemed to offer adequate assurance that I could conduct my busi- ness in the type of environment that I desired. With that as- surance I have invested over $20v000 in leasehold improvements into the office space at 303 W. Cherry lane. I do not wish to practice my profession newt door to a laundromat. If a laundromat were built in the middle unit of the Cherry building, I would certainly relocate my practice to an area more compatible with professional use. The investment I have made in this property seems to be in jeop- ardy if a conditional use permit is granted, because I would be compelled to move and abandon the improvements. , I believe a laundromat and dental office to be incompatible for the following reasons: 1. Street sign - Professional ethics restrict the size and il- lumination of dental signs. The street sign required to ad- vertise a laundromat would eclipse the effectiveness any conservative professional sign might have. 2. Usage - The laundromat attracts much higher traffic, par- ticularly during non business hours, when vandalism or other mischief is more likely. business, hours, Image - For the same reason that finer hotels are not built in Barden City, professionals do not work out of laundromat buildings" I regret that the center space in this property has remained vacant for so long. I am sure that it has been a financial bur- den for the Cherrys. Indeed, many property owners in the valley find themselves in similar circumstances during this time of economic stagnation. However, professional offices continue to 1 be built, and professional tenants are being found to fill those buildings. If the space in the Cherry building is not rented, it is not for lack of prospective tenants, or because 2 dental of- s� fices already exist there, it is simply that the terms of the lease have not been competitive with the real market. I truly believe that the city of Meridian would be ill advised to �Y#. displace S dentists on Cherry lane so that another laundromat coU'ld be built. This sounds like urban renewal in reverse. , N Having a vital interest in the economy of Meridian, I encourage you to deny the conditional use permit in this case. Sincerely, �r r Terrell F. Tingey D.D.S. f MBROSE, TZGERALD ROOKSTON :orneye and ounaelora O.6oxW `.d ltln Ideho G;iW6 hone 88&4461 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CECIL CHERRY CONDITIONAL USE PERMIT 303 W. CHERRY LANE MERIDIAN, IDAHO I FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for initial public hearing qune 16, 1986, at the hour of 7:30 o'clock p.m., and again on December 15, 1986, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the City Council of the City of i Meridian;having duly considered the evidence and the matter makes i the foll�wing Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notices of the public hearings on the Conditional Use Permit were published for two (2) consecutive weeks prior to the public hearings scheduled for June 16, 1986 and December 15, 1986, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 16, 1986 and December 15, 1986 hearings; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That this property is located within the City of AMBROSE, FITZGERALD .cROOKSTON Attorneys and counsalore P.O. Box 427 Aerldlan,Idaho 83642 apron 888"1 Meridian and is owned by the applicant, Cecil Cherry, and is described in isle application which description is incorporated herein and the property is known by the address 303 W. Cherry Lane; i 3.� That the property is located in a "L-0" Limited Office distri4, which requires a conditional use permit for the i operation of a laundromat which is the use the application requests; that the Applicant indicated his proposal is to have a "manned" laundromat which person would do other peoples' laundry and would also be an attendant to keep the business clean and orderly; that the representations of the Applicant indicate the operation would be more in the nature of a self-service laundro-mat as oppossed to a commercial laundry. 4. That the "L -O", Limited Office district is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L O) Limited Office District: The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a I nature to create noise, vibration or emissions of a nature Offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense elor,-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and Sewer System of the City of Meridian is a requirement in this district. 5. That a self-service laundromat is an allowed conditional use in the limited office district; that commercial laundries are not either a principal permitted use or an allowed conditional use in the limited office district; 6. Thar the building within which the laundromat would be situ,a(.._d Ew orthodontist office and a dentist office on eith,;r si d : of v t)ere the laundromat would be located; 7. That. property to the west is a chiropractors office and sinal=-3.lrlily dwellings; the property to the east is a church; ), uperuy to the south is vacant land which is owned by th�� ),pplic,:,nt and was initially proposed to be developed as office space; the properties to the north across Cherry Lane are mobile home courts; 8.. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission and city council have been given and followed; that after the first City Co ncil meeting held June 16, 1986, the Applicant indicated a desir- to withdraw his Application and no further action was taken g1*1 th' Application; that subsequently, on November 24, 1986, the Applicant submitted a request to withdraw the withdrawal and proceed with the Application; that prior to proceeding before the City Council on December 15, 1986, a certified mailing of the Notice of Hearing was again mailed to all property owners within 300 feet of the premises; additionally Notice of Hearing was again published in the Valley News for two consecutive weeks prior to the December 15, 1986, hearing; AMBROSE, 9, That several poeple appeared at the initial City FITZGERALD 4CROOKSTON Attom"S arkd Ca+naslon P.O. BOX 427 Aerldlan, Idaho 83642 ml hww 8884401 I CounciL hearing objecting to the use of the property as a laundromat; one was the chiropractor, who owns adjacent property and two others were tenants, but not owners, in the subject buildinq, all three whom felt the use would be incompatible with their that at the last Council hearing the Applicant represente:; t.hat the dentist and orthodontist would not be renewing ttleir Leases in the building and would be moving; that neither thi, cr;trooractor, dentist or orthodontist appeared at the Council rrt l'.ir:, Dk2c.ember 15, 1986; that the Applicant filed' the requisite petitions indicating that 75% of the owners of property within 300 feet of the premises had no objection to the proposed conditional use; 10.E That the Chief of Police submitted written comment which indicated a possible pedestrian traffic and safety problem with residents of the mobile homes on Cherry Lane crossing Cherry Lane wit out the benefit of a control light. CONCLUSIONS That zi11 the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property and having obtained the consent of 75% of the owners of property within 300 feet of the external boundaries of the Applicant's property; iaewi� 2• That the City of Meridian has authorit 300KSTON y to grant mn,a and wnMlon) ). Bot 42? dean. Idaho 8843 AMBROSE, FITZGERALD CROOKSTON attorneys and Counselors P.O. Box 427 .erldlan, Idaho 83942 L.Phone 8884481 conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 3,I That the City of Meridian has authority to place conditions on a conditional use permit and the use of the propert pursuant to 67-6512, Idaho Code, and pursuant to 11-2-411 (ll) of the Revised and Compiled Ordinances of the City of Merigi.an, Idaho; 4. That 11-2-418 (C) of the Revised and Comgiled Ordinances of the City of Meridian sets forth the standards under which, Cll pl . rini ng and Zoning Commission and the. City Council shall u?;pl ications for Conditional Use Permits; that upon a of triose requirements and a review of the facts presented and the conditions of the area; the City Council specifically :.oncludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. C. The use apparently would be designed and constructed, to be harmonious in appearance with the intended chai-acter of the general vicinity such being 1 desigrated as limited office but the operation and AMBROSE, FITZGERALD ICROOKSTON Attwnsys and Counsslon P.O. Box 427 lsdldlan, IdahO 83812 900no 6884461 taaintenance of a laundromat adjacent to dental offices could be inharmonious and incompatible but these uses IE E,,. r=ratty will no longer be in the building. 6. ;char. Lh,� use would not be hazardous and would not be disrurbang to existing neighboring uses as the existing csrtl-odontic and dental uses will not be located there. e. .,L- property is already connected to sewer and water lin,-_s but the use will create additional sewer and f. 9•i water requirements. The use would not create excessive additional requirements at public cost for public facilities and :services and no conclusion is made whether the use would be detrimental to the economic welfare of the , community. The use would not involve a use, activity,, process, rnatL_rial, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. The parking for the property and the proposed use apparently would be adequate. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5.' Since the time of the Planning and Zoning Commission AMBROSE, FITZGERALD iCROOKSTON Attorneys and Counselors P.O. Box 427 Aarldlan, Idaho C*VIW*08441 • Findings were made and since the time of the initial City Council hearing, June 16, 1986, it has become apparent that two of the major objectors, who were not even property owners, will be vacatinlI the premises; that the only remaining property owner in the ar a who apparently still would object is the Chiropractor; all other owners in the area apparently either consent to the use or have no opinion. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS r lie w .riii iun City Council hereby adopts and approves these Findings cf Fl-,ct. and Conclusions. ROLL CALL • Councilman Brewer Voted e, Councilman Tolsma Voted Councilman Myers Votedde_ry Councilman Geisler Vote `6) Mayor Kingsford (Tie Breaker) Voted DECISION Th City Council of the City of Meridian hereby approves the Conditional t -se Permit requested by the Applicant for the property described in the application subject to compliance with all City Ordinances and codes, particularly, as they relate to sewer, water, building codes n�d� fire and life safety codes. Pe AMBROSE, FITZGERALD ;CROOKSTON Anorneysand Counselors P.O. Box 427 Uurlalan, Map W642 saroas 888441 • MOTION APPROVED : -I—yeq , tf ct j i • DENIED: MERIDIAN CITY COUNCIL DECEMBER 15, 1986 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler: Members Absent: Bill Brewer: Others Present: Roy Porter, Kenny Bowers, Gary Smith, Bob Mitich, Wayne Crookston, Bob Wherry, Moe Alidjani, Cecil Cherry, Kim Cherry D.C. Allen. The Motion was made by Tolsma and seconded by Myers to approve the Minutes of the Special Meeting held November 24, 1986 as written: Motion Carried: All Yea: The Motion was made by Myers and seconded by Tolsma to approve the Minutes of the regular Meeting held December 1, 1986 with the correct- ion of the date of the Amyx Court date from December 17 to the 19th of December, 1986: Motion Carried: All Yea: Mayor Kingsford read a Proclamation declaring December 31, 1986 as a Day of Peace. _Item #1: Public Hearing: Request for a Conditional Use Permit by `Cecil Cherry & Sons: Mayor Kingsford, this item was discussed before and has been put back on the Agenda for tonite. Mr. Cherry, do you have any thing new to add on this request? Cherry, no, other than we would like to receive approval on this request. I understand under the Ordinance's a laundromat is allow- ed in this zoning. We feel we have filled all the requirements for a Conditional Use Permit. Mayor Kingsford, I probably need to make two statements before we open the Public Hearing, number the Conditional Use Permit is for the middle section of the building? Cherry, Yes, 309 West Cherry Lane. Mayor Kingsford, the other item is I need to advise you that there will have to be new Findings of Fact & Conclusions made as there was additional testimony after the Planning & Zoning Findings that will need to be incorporated in the Findings. At this time I will open the Public Hearing. Is there anyone in the audience who wishes to testify on this application? There was no response. The Public Hearing was closed. Council Members what is your decision or do you have any questions? -MERIDIAN CITY COUNC� DECEMBER 15, 1986 • PAGE # 2 h Tolsma, Mr. Cherry, in visiting with you you indicated that the Doctors in the other offices have not offered to renew their lease with you? Cherry, thats right, we went to them first and they indicated that they intended to move out, that is when we came up with this idea. We asked them if they would extend their lease, we offered to drop this request if they would extend their lease, they refused to. They are looking for property. They have no intentions of staying. Mayor Kingsford, any other questions? Myers, do we have to have a Motion for the City Attorney to make new Findings of Fact with the additional testimony that was heard at the prior Public Hearing? City Attorney, Yes. The Motion was made by Myers and seconded by Geisler to have the City Attorney prepare Findings of Fact and Conclusions of Law on the request for a Conditional Use Permit by Cecil Cherry & Sons. Motion Carried: All Yea: Item #2: Eagle Road Mall Site Agreement: Mayor Kingsford asked Councilman Tolsma as Chairman of the Committee to advise on this item: Tolsma, I received a phone call from Mr.Davidson today, and he advised he was lax in getting back to the Committee, and thought there was some misunderstanding, he said the last time he was here he would meet with us in the near future and that has been a month ago and today is the first I have heard from him. He advised that he found out from one of the representatives that he was on the agenda for tonite. He asked that this item be tabled. He advised that he would be in contact with us in the week so things could be squared away and be on the January 5, 1987 agenda. I advised him if he did not plan.on being in contact with us so we could discuss the situation there was no reason for him to waste his time or ours. He agreed to that. Mayor Kingsford, did he receive a copy of the Minutes? City Clerk, they were mailed. Mayor Kingsford, I do not know how there could have been a misunder- standing, if I remember correctly he stood here and said he would meet with the Committee and have an agreement drawn and be ready to meet with the Council on the second meeting of December. Giesler, Mr. Davidson also contacted me today, and I also told him I did not remember it quite that way but he did say that he was in the process of having some drawings made, he has the first scetches back and was reviewing them and he would like to have something to present us before he met with us. With the holidays it took a while longer. He asked that we table this. I would urge that we table this one more NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p:m., oh December 15, 1986, for the €re purpose of reviewing and considering the application of Cecil' Cherry for a conditional use permit at 309 W. Cherry Lane for a KK . yrs laundromat. A more particular description of the above property„., is on file in the City Clerk's Office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED This 24th day of November, 1986. N.i pimaynn Clete NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock pan., on December 15, 1986, for the k purpose of reviewing and considering the application of Cecil,. Cherry for a conditional use permit at 309 W. Cherry Lane for a laundromat. A more particular description of the above property .R ' is on file in the City Clerk's Office and is available for P inspection during regular business hours. - Public comment will be taken and is welcome. DATED This 24th day of November, 1986.; uacr n i eman C i tty C 1 erTc WRIM 0 !z -- r', 71- IN IR r PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required material. 3. Three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO,c r-,cJF/f'� :2= u- �— ✓�'-,SING THE PROPERTY LOCATED AT j C1 )A' /MERIDIAN, FOR THE PURPOSE OF V NAME ADDRESS PHONE DATE i OF -� 1--f,`e r,�. lel.3 ,y �i �� 4*v 3 322-3zrz lam, Z�� . k 4 MERIDIAN CITY COUNCI(S JUNE 12, 1986 PAGE # 3 The Motion was made by Giesler and seconded by Myers to approve of the Conditional Use Permit for Larry Bowen for a photography studio at 49 East State Ave. under the conditions as stated in the Findings of Fact and Conclusions. Motion Carried: All Yea: ,Item #3: Public Hearing: Conditional Use Permit for Cecil 'Cherry & Sons: John Sutton,Attorney w/ Harris & Sutton was present to represent this request. Sutton, I have some pictures for the Council to review to see the location we are talking about, what Mr. Cherry seeks to do is have installed a laundry facility, I would like to point out to the Council the type of facility Mr. Cherry is seeking to place, it is a hi -tech laundry facility which is rather small in size, it looks like the facility in this brochure and pictures which I will give you a copy of. There has been some resistance to having this at this location, It is my understanding the Council would prefer having a professional park at this location rather than having a mixed use. Unfortunately -'-it seem to us the community has not supported a professional park,' -the Cherry's have tried to locate other tenants to fill this facility. The type of use we are talking about is, we believe economically compatible with the existing use that is in there. We have some statements to present to you tonite from people who are in alike situations as what we propose the City Council to review tonite. This statement is from a CPA Firm in Nampa who is located next to laundry facility. Mayor Kingsford, if I may interupt Mr. Sutton the approach you are taking I believe it would be appropiate that you be sworn since you are giving new testimony. Mr. Sutton was sworn by the City Attorney. Sutton, The statement from the CPA Firm advises they have no problems from being located next to the laundry facility. I also have a state- ment from a dental office that has no problems being located next to a laundry facility. The facility proposed by Mr. Cherry is a rather small operation and would not have a heavy use. There is not a high traffic count involved in this type of facility, most of the traffic count takes place after hours. A Statement from Tomjack Equipment was presented to show the traffic count and the hours this occured. We do not think due to this fact the people already in the facility would be greatly effected by this traffic as it would occur after their regular hours. We also believe there has been some objection raised that there is a Mobile Home Park close to this proposed facility and that it would create: traffic hazard or create an extended use by the Mobile Nome Park and it would create an influx of people carrying their laundry across a main thoughfare to this location. Mr. Cherry and his family have done some research in that area and have contacted the residents of that Park and of the 43 contacted only 11 would anticipate using this facility. Only three or four indicated they.might walk. On one hand I can applaud the Council for them wanting a professional parr, but if it is not being supported by the community then what is happening the Cherry family is being forced to suffer economic waste and they are unable to use their S MERIDIAN CITY COUNCIO JUNE 16, 1986 PAGE # 4 facility, unable to seek other tenants to go in there, now they must have their facility remain vacant. We suggest the type of facility proposed _-. would be -a benefit to the City, it would not be an eye- sore. Any questions of the Council? Mayor Kingsford, the pictures or the facilities you were talking about in Nampa & Boise, what is the machine count in those? Mr. Cherry, twenty eight or thirty. There probably would not be more than eight people there at one time as most people use four or five machines at a time. Giesler, I have had some concern about the Trailer Court across the street, actually the amount that said they would use it is higher than I anticipated that is almost one-fourth and we also have Embassy which is adjacent to this Park and there are 141 spaces in that Park that seems to me we might in fact be causing a problem, I don't think we would have any way of getting a crosswalk, being so close I am not sure that we would not have a problem with pedestrian traffic there. Sutton, unfortunately we did not receive anyone definately saying they would use the facility, they say they may use it occasionally. Brewer, than the signatures on these pages and pages of signatures can not be important either, as far as I can see. Sutton, why wouldn't they be important. Brewer, why would they object to a laundromat across the street if they are not going to use it. To me they have no bearing. Sutton, we suggest that they may have some bearing as they are a resident in the proximity of the facility being proposed and we have other resid- ents in the area objecting to this facility. Mayor Kingsford, are there any other questions of the Attorney, if not I will now open the Public Hearing: Dr. Jim Hollingsworth, 403 Cherry Lane: Dr. Hollingsworth was sworn by the City Attorney: Hollingsworth, I came to Meridian from Boise to work with Dr. Sams and one of the reasons I came here was I liked the idea of having a Profess- ional Park. With the change that is going on with the improvements in the road in that area Meridian may desire to keep a professional park at that point. I would like to see it kept that way. Terry Tingy ,tenant of the building, Mr. Tingy was sworn by the City Attorney. Tingy, I occupy the East Suite of the three suite building and I feel if this is allowed to become a commercial venture 3 do not believe it will be compatible with the image I wish to c-Qnuey with my orthodonist practice and I would assure you I would move my practice to a different location if this is allowed to go in. Rod Brady, tenant of the building, Mr. Brady was sworn by City Attorney. MERI%IAN CITY COUNCIL • JUNE 16, 1986 PAGE # • 5 Brady, I pratice denistry in the opposite side of the building from Dr. Tingy, I oppose the laundromat in the same building that I am located in. They have expressed that it might not be to busy during the day, my main concern is in the evening when I am not there. I do not feel comfortable having a crowd of people around when my office is closed. Mayor Kingsford, I have heard and you certainly do not have to answer that you plan to leave in any event whether -this is approved or not. Brady, no my intentions were not to leave in any event, my intentions were to get a bigger office. I told the Cherry's that I would be inter- ested in changing my office to the center space. Kim Cherry, 1524 Meridian St., Mr. Cherry was sworn by City Attorney: Cherry, if we do not obtain approval for the laundromat , we would like to obtain longer leases from our present tenants. We were only able to obtain short term leases from these tenants and that is when we begin pursuing this other useage for the building. We need to make this project financially feasible and have committments for the space. There seems to be a lot of professional office space vacant in Meridian. Cecil Cherry, 7585 E. Ustick, Mr. Cherry was sworn by City Attorney: Cherry, we have been trying to work with the Doctors in every way, they will not give us any kind of committment. We have had tenants in this over the years that were a lot worse than a laundromat would be. We started out with a goal and it hasn't worked out I understand that, but if you start out on something and it is not good the only thing you can do is back up and start out in a different direction. We attempted to do this four years ago and there was opposition to the laundromat so we dropped the request. If the Doctors are not going to stay there what are we going to do with the building. If they are not going to stay there we think we should be able to do something else. We met with all the people in the one trailer court and everyone in there was favorable to this useage of our building. I don't believe there is going to be any problem with the traffic or people walking to the laundromat. We have been told that if we are not approved for a laundromat that there will someone else putting one in. We need a facility here to take care of the one who are going out of town. The facility we are thinking about insta- lling is very good. We would keep it up. The trade that use a laundromat is working people who want to get their laundry done at one time. They use several machine at one time. We are planning a very nice facility , we are planning on spending s mefAmrse in the neighborhood of $100,000.00 to improve the land and install the facility. Mr. Cherry stated reasons to the Council why they should approve the laundromat. Mayor Kingsford, is there anyone else present who wishes to testify? There was no response. The Public Hearing was closed. There being new testimony I think the Law will require we have new Findings of Fact & Conclusions. Any comments of the Council? Brewer, there has been a lot of new testimony, I know the Cherry's would have a nice facility, however I have set on the Council since we did the orginal concept and zoning, when this came four years ago, I was opposed to it and I think I have to still be opposed to this request now, from the MERIDIAN CITY COUNCIL JUNE 16, 1986 40 PAGE #-6 standpoint there have been loyal tenants on both side of the building. Especially on the one side since the building was approved as profess- ional unit. We have heard testimony from four, Dr. Sams called me on the telephone, we have another dental facility on the corner of Cherry Lane & NW 8th., that is six doctors within approximately a block area, it is tending to be a professional area, Mr. Cherry eluded to the professional building available in Meridian, these are not in the location the ones on Cherry Lane are, as to Mr. Cherry's statement that someone else was going to do it if they did not, there is a lot of commercial space avail- able for this type of operation. I do not think I would vary from my decision, it was approved as professional buildings and was built for that purpose and used for that purpose and I would find it hard to app- ove any change of use. The Motion was made by Brewer and seconded by Myers to instruct the City Attorney to prepare new Findings of Fact & Conclusion taking into consid- eration the additional testimony presented at this Public Hearing and that additional written testimony will be received until 5:00 P.M. on June 17, 1986: Motion Carried: All Yea: Kim & Cecil Cherry questioned the need for Findings: Mayor Kingsford explained that these are required by Law. Item #4: Addendum Agreement with Sanitary Service: Mayor Kingsford, the Council needs to approve this addendum and authorize the signing by the City of this addendum. Any questions of the Council? Myers, as you know the reason for this is there was no clause in the orginal contract with Sanitary Service as far a a hold harmless agreement or to take it further have the City named on their Insurance Policy. I visited with Mr. Alidjani on this and there is no problem being named on his insurance as additional insured and the hold harmless agreement is well drawn. The only question is they only have $350,000 liability coverage and we are requesting $500,000.00. Mr. Alidjani has some concern about that as it was not in his budget and he has asked if the additional coverage could be put off until January 1., from my stand point I do not have any problem doing that but talking to the City Attorney he does not agree with that. The main thing we want to do is get this into effect to protect the City if something happens. Attorney, the State Law requires that the City have $500,000 and even though Sanitary Service is independent contractor, that his limits be the same as the City is required. If there was a claim I think it would be highly un- likely that the City would notalso benamed in the action. I think that the limits should be the same as the City. There was discussion by the Council on this matter. It is possible the Cities Insurance would not pay if claim was filed as Sanitary Service is not on our policy. The Motion was made by Giesler and seconded by Myers to approve of the addendum agreement with Sanitary Service with the change that we accept the 350,000 liability until October 1, 1986 at which time it will be TOM&CK EQUIPMENT SAGES CO. ,taun&ry an8 try `01eaning Route 3 Box 586 ONTARIO. OREGON 97914 TELEPHONE (503) 889.2376 June 6, 1986 Mr. Cecil Cherry 7585 W. Ustick Rd. Meridian, Idaho 83642 Dear Mr. Cherry; Concerning your request for a traffic count for your proposed coin laundry in Meridian. The breakdown for 15 cars a day should be spread across the day as follows; 4 cars lam to 16 am 3 cars loam to 3Pm 3 cars 3Pm to 6pm (after school) 5 cars 7 pm to lOpm ( after work) On Skturday it will be spread evenly over the day. Normally people do not walk to a laundry unless they have just one small basket. Most people have more than one load, must carry soap and bleach, and may have small children, there- fore they use the car. We hope this will help you understand your traffic patterns. Sincerely, JiXd/Tomjack RAINBOW LAUNDRY CENTER f 816 12th Ave. So. Nampa, Idaho 83651 -1 c� u2 n- -1 / L?"'� q I I (q ? (f"r' 0 • ,TUNE 13, 1986 TO WHOM IT MAY CONCERN THE DENTAL OFFICE FOR WHOM I WORK FOR (DR HYMAS) IS LOCATED IN THE 5 -MILE PLAZA. NEXT DOOR TO OUR OFFICE IS DAISY DRY CLEAINING. THE DRY CLEANING BUSINESS DOES NOT CAUSE ANY EXCESS NOISE. HOWEVER THE CUSTOMERS FROM THE DRY CLEANING BUSINESS WHO SEE OUR OFFICE WHILE DOING BUSINESS HAS HELPED PRODUCE SOME NEW PATIENTS. SINCERELY ; L- Smith, Bailey & Co. Certified Public Accountants Cecil Cherry 7585 West ustick Meridian, Idaho 83642 We have an accounting business in the Nampa Professional Office Building at 812 12th Avenue South, Nampa, Idaho. Our business adjoins a laundry facility. We have not had any adverse effects from being located next to the laundry facility. Very truly yours, T. Bailey << Cz and J. h 812 8 Twelfth Avenue South • P.O. Box 876 • Nampa, Idaho 83653 • (208) 466-2493 • (208) 888-9889 i i h J `v w TZ -3 lzo %A i n, i i i �1 z3 it A � 1 h J `v w TZ -3 lzo %A i n, i i i �1 z3 it I "Ir q it d 1 \ � 1 N L, I W o, 0 CSW I Zk 0 IL 1 n l� a� -e r 71 J A /) k, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on June 16, 1986, for the purpose of reviewing and considering the application of Cecil Cherry for a conditional use permit at 309 W. Cherry Lane for a laundromat. A more particular description of the above property is on file in the City Clerk's Office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED This 27th day of May, 1986. AMBROSE, FITZGERALD &CROOKSTON Attorneys and counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 8884481 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a special meeting on May 28, 1986 at the hour of 5:15 o'clock p.m. at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering and taking action on findings of facts and conclusions of law pertaining to the following applications: 1.) Annexation and Zoning by Ronald Van Auker; 2.) Conditional Use by Cecil Cherry and Sons; and 3.) Conditional Use by Larry Bowen. No public comment will be taken. DATED this day of May, 1986. 1 Jacki em n , / City lerk�' AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4481 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning & Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on May 12, 1986, for the purpose of reviewing and considering the Application of Cecil Cherry for a conditional use permit at 309 W. Cherry Lane for a Laundromat; a more particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED this )J f day of April, 1986. ieman/ City Clerk AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884461 ( N VV ko 41 cm W co Q H •rl f» �! (d a) •.a 00 w N a) n £ 0 z H 0 N Q C7, H az H Q H a 8 6E W P4 W A a' �i z O H E H A z O U E cn o) U2 z O U2 cZf a a W x U a H U W U 0 w 0 r•1 r -I (tl V ri 0 U ,b a) 0 k a w z 0 -r+ 3 a A a N 4J U 0 H .H P4 4J a� O w a ro E i (A 0 a) N O'( b a) O -N 9 ,.0 •rl 43 C � r-1 a �b 0 ., 4J a) V £ 41 U 41 �b ro ° ai 0 0 m -r+ a 54 N a A 0 >9 r•1 dt 3 r4 W Q Q En 0 H E A z I 0 a�] cn E z U • 00 0) r -I N ri U z H z •• O W N Q � - �z H z P, m � A 0 (a w >j 0 s4 R � O 3 m u.11 44 ui m f•4 k w - V. u TOW �4ul U m k n $4 O 0 a) 3 - 0 U 4J iJ b O is ro O b W •rj E+ >7 a) m iJ •r1 OI •-+ J.J 4J C. (a 4J H U a) r(>r r♦ >4as e s a� r- ro O $J -4 O A H --4W �4 4J o •r, •r1 0 0 (d N 0 a) . -H 0 �4 �4 : n ro - 4 h h E E 3 C7 a as M ja 4 .n w ad 7 al U $ w U H r I a) >1 '� Q W �. •r1 0 3 O P4 o r I 4J � P°a m o d1 b a 0 •° � C U) r•1 a -J •rl 0 •14 +) W (d r-4 +1 m z a -)�I (a (fid •r � 4 (d a �+ . (ten - U @ ca wQ v a 53 0 w $40 .4 a+� 4--f gg 4 0 •rl J-) J•) •ri • 0) r0 N k Q (d ty1 4) a ra U a) ri w 0 x k a `° (a 44 m (°d c w 3 m 41 H C4 (d O 0) °' � a' 04 rUi 0" a 0 a 4JG 3 4 1i* A. > b AJ k rd rd r. E0' (d� 4J ro �. 3 c n a) ra a a) rtf rd 0 a -Z A >, (a c a"'r A•. Q. U Z. H E H 4J b .-4 D A .1 LI Tj y E -/ r, 0 O V N 0 6 N4�OL 1,7 7,- 47 CUSTOMER CITY OF MERIDIAN 'HUB OF TREASURE VALLEY' CITY CLERKS I OFFICE 72$ (MERIDIAN ST. MERIDIAN, IDAHO B3612 DATE -Y 3, % Moe a", e. -Olt 5pr TAX OMER �N T TOTAL I W. f CRY Clarke .... . 107-0 ASSOLMMD 111.1illlM FORMS OILAOISE M47,Np 27 ga. j -Y 3, % Moe a", Oil Cherry � Sons 1521,,s�Ieridian St Heridian, Idaho 53642 April 15, 1956 To, T'keridian Plaruiin;; ,, Zoning, The intent of this cover letter is to explain Cherry L Sons request for a conditional use permit for our commercial office building (303, 309, & 313) on Cherry Lane, and cover some of the information requested with the conditional use application. There are three offices located in said building. Dr. Terrell Tingey has an orthodontic practice at 303 W Cherry Lane, and Dr. Rod Brady has a dental practice at 313 W Cherry Lane, located on opposite ends of the building.. The 1600 s.f. office between the two, 309 W Cherry Lane, is presently vacant, and has been as such a great portion of the time over the last five years. Our purpose for installing the laundry is an attempt to mare the property economically sound and to allow us Rands to make additional irgmrovements on the property, such as irmproving and adding on to the paving and sidewalks, and improving drainage. The building is ideally suited for a laundry due to its location_ near the mobile home parks and apartment housing in the vicinity. ` The laundry will contain approximately 30 washer and dryer sets. Our intent is to have the facility manned during all open hours. It will also serve as a drop off facility for people wanting to leave items of wash for later pick up. The facility will be well designed and decorated and maintained to be an asset to the community. It is our earnest request that this application for conditional use be passed on to the city council with Your recommendation for approval. Should the office space on either side of the proposed laundi-j become vacant, we request the conditional use permit to allow us the right to elgDand the laundry or simi lar acidty, such as a dry clea:ning business, into the space. Also, consider this as a statement that grants the city the right to place a lien on said property for payment of all costs incurred by the city, including engineering, publications, and attorney fees. Sincerely, Cecil Cherry &_ Sons I � 141 CITY OF MERI AN APPLICATION FOR A CONDITIONVUSE PERMIT NAME: Phone—e.29-2-1 ADDRESS: _4Q4, l&" Ja:�_ Z ..s AIA"o GENERAL LOCATION: a09 Zk_) DESCRIPTION OF PROPOSED CONDITIONAL USE:_�N�G`��s®� ®-• CE`✓s��% i �2 ZONING CLASSIFICATION: ,L11,y111W_ope/w Zowe'r PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circu- lation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION BLOCK LOT NUMBER TO PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required material. 3. Three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO SING THE PROPERTY LOCATED AT j o ,? W e'he,.r_ V �y rK N ;RIDIAN, FOR THE PURPOSE OF C ® -P71 i- C t -14 a v M I9 NAME ADDRESS PHONE DATE WY - ell. 5- 2, 41- 15 - . , 5, d W, 9- 8 - LDS L 31V 3? 6— Y'Xl 3 z s_z 'y za I • KIM CHERRY ENGINEERING 1524 Meridian St. Yeridian, Idaho 83642 October 2, 1980 DESCRIPTION FOR CECIL CHERRY & SONS A PORTION OF hrE 1/4 NE 1/4, SECTION 12, T.3N., R.N., B.M., MERIDIAN, ADA COUNTY, IDAHO i A PARCEL of land upon which is presently constructed an office building with three separate offices listed as 303, 309, and 313 West Cherry Lane, with said parcel being a portion of the NE 1/4 of the NE 1/4 of Section 12, T.3N., R.1W.1 B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Northeast corner of the said NE 1/4 of the NE 1/4 of Section 12; thence North 890261461, West 11087.70 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 12, which is also the centerline of.Cherry ,j Lane, to a point which bears South 89026146" East 1,567.25 feet from the North- west corner of the said NE 1/4 of Section 12; thence South 0*25149" West 45.00 feet to a point which is on the Southerly right-of-way line of Cherry Lane, also said point being the REAL POIfT OF BE- i, GINNING; thence continuing South 0°25149" West 250.00 feet along a line 145.00 feet q Easterly of and parallel to the Easterly boundary line of West Fourth Street to a point with said line also being the centerline of the westerly existing paved entrance to the aforementioned office building; thence South 89026146" East 155.00 feet along a line 295.00 feet Southerly of and parallel to the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 12 to an iron pin; thence North 0025149" East 250.00 feet along a line 300.00 feet Easterly of and parallel to the said Easterly boundary of West Fourth Street to a point on the said Southerly right-of-way line of Cherry Lane; thence North 89°26+461, West 155.00 feet along the said Southerly right-of-way line of Cherry Lane to the point of beginning, comprising 0.89 acres, more or less. Prepared by: A 0 Kim N. Cherry, P.E. & L.S. 3437 ` 9 Q �F OF 3 i 21 � 2 � 4 5 .6 7 17 C I� 12 11 10 9 8 4 5 CL 7 8 16 23 G� LCAGFORD • �ANNjER 4'9 R. 1S 0 10 II 12 13 14 15 24 25 26 27 28 29 30 - - 16 t!� 2� 8 n x 1 12 11 7_ i; 3 S �� 10 I O b C ® 13 ®Z e 12 I' 1 10 4 e 14 ® AP -2 s � 0 ZS iS 16 2Q 8 �� s a 1 1 e3 le Q 4 4 � � I♦ LAWNCALE 3 S 4 3 2 I'll, •L , i zly ism FA t 14 Nr Cb 7 '0 9 S $ /0 9 s �Sf.w �/ ( /2 / /2 /8 17 9 bch9 o. L,�/e a EL N' o { N r 2 2 3 3 3 G 1 s 3 7 2 MAPLE AVE. 8 / 9 8 1 7 1 8 1 S 1 4 3 2 cJ 7 B MM PLE 1a. 7 b 6 A 3 2 1 6 G � 13 8 CAMELLIA AVE. 2 3 4 5 6t a i !HERBY A. 1 CHEPV AV. 11 /o Z+ 3 C H R RY3 �CWEP.Ft;' AVE r co J a 3 x 414m m A 6 C 'ell 3 � / "s• ` A ���5`� 4 � � s � 336.36 • 9 Zj ASHIMGTOA 'O •L , i zly ism FA t 14 Nr Cb 7 '0 9 S $ /0 9 s �Sf.w �/ ( /2 / /2 /8 17 9 bch9 o. L,�/e a EL N' o { N r 2 2 3 3 3 G 1 s 3 7 2 MAPLE AVE. 8 / 9 8 1 7 1 8 1 S 1 4 3 2 cJ 7 B MM PLE 1a. 7 b 6 A 3 2 1 6 G � 13 8 CAMELLIA AVE. 2 3 4 5 6t a i !HERBY A. 1 CHEPV AV. 11 /o Z+ 3 C H R RY3 �CWEP.Ft;' AVE r l-9a?99 7850677 SPECIAL WARRANTY DEED MERIDIAN CORPORATION OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a corporation sole, Grantor, hereby conveys and warrants, only against all acts of itself, its successors and assigns to CECIL A. CHERRY AND SONS, a Partnership, Grantees, for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the following described tract of land situate in the County of Ada, State Of Idaho, to -wit: See Exhibit I attached hereto and made a part hereof by this reference. Subject to all rights, rights-of-way, easements, covenants and restrictions of record. IN WITNESS 11HEREOF, the said Grantor has hereto 1 subscribed its name and affixed its corporate seal by its Corporation Sole this 0 q day of - .'�w, 1978. y MERIDIAN CORPORATION OF THE CHURCH OF JESUS CHRIST OF �'' �, LATTER-DAY SAINTS a corporation - sole BY: Corporation Sole STATE OF IDAHO ) COUNTY OFSS ol On this�oda of appeared before me BEIM FRANK RANK � personally known to1978, orally to be the Bishop of the Meridian Corporation of The Church of Jesus Christ of Latter-day Saints, who acknowledged to me that he signed the foregoing instrument as Corporation Sole of the Meridian Corporation of The Church of Jesus Christ of Latter-day Saints, a corporation sole, and that the seal impressed on the within instrument is the seal of said corporation, and the said BEN FRANK FOWLER acknowledged to me that the said corporation executed the same. My Cgm'nission Expires: ' Notary Public