1984 08-27}-
A G E N D A
SPECIAL MEETING
MERIDIAN PLANNING & ZONING
AUGUST 27, 1984
ITEM:
1. PUBLIC HEARING: PRELIMINARY & FINAL PLAT WITH CONDITIONAL USE
PERMIT FOR HIGH COUNTRY OF IDAHO, INC. (APPROVED)
2. FINDINGS OF FACT AND CONCLUSIONS ON REZONE REQUEST OF JOHN MATUNAS
AND BEDELCO, INC. (APPROVED)
PLANNING AND Z~NG SPECIAL MEETING AUGUST 2~ 1984
SPECIAL MEETING OF THE MERIDIAN PLANNING AND ZONING CALLED TU ORDER AT 7:30
P. M. BY ACTING CHAIRMAN GJALT MURRUw.
Membe~w ~neaent: Moe A2d,Ljan~., J.im Sheanen, Jim Jahnhan, Tam Cote.
U~henh Pneeev~t: Jame~S R,Leh, Larsen Townley, Kathy Tawnkey, Ray Cam~abe,2e,
Judy Srru~h, Nanma Akdni.ch, CaPleen Calhoun, Nancy Ma~rshaP.2, Ran Ma~whall,
Doug hl.Lheksan, Biel Eahl, B.i.P.e Gnegany, Gary Sehabben, Run Mahsha.P,K, Ran
Roder, UJayne Cnaaha~an, Jamee BAPlav~tyne.
(ITEM #1)-PUBLIC HEARING PRELIMINARY AND FINAL PLAT FUR PUD-C wITH CONDITIONAL
USE PERMIT FUR A RESTAURANT wITH LOUNGE, A ENCLOSED OVERNIGHT LIVESTOCK
FACILITY AND MOTEL wITH APPROXIMATELY 100 RUUMS FUR HIGH COUNTRY OF IDAHU,INC.
Mrs.. Doug h1LkeP~san was pne~,ent ~a nelaneaent H.Lgh Count/cy ab Idaho Inc .Ln zh~,s
nequeh~.
Mrc. hti,keP.son ~#ated xhe paelzage ~ha# waa ~ubm.itted hhawed badLea2ey haw the
pnojeat waned be deveCa~aed.
Acting Cha,inman Mannow aaked tib lhene wene any quea~;i.ana ab the eammise~on.
AQdijani ~.nuu,uced ob Cale ~.b ~hene wene any pnob2em~s w,i~h h,is eommen~s an zhe
neap i.gnment a b waP~tman Lane.
Ca Le ~.tated .the Plat hhauld neb.Cect ~h.i~s nea,P,rgnment. A2~sa an node 4 on the
Plat even as#eh Idaho 7naws~antadion neQ.%nqu,ishe~s eont~cak ob ,th,L6 naadway
.to Ada County xhey mill w.iQ.C na.t allow accebh .ta ~H 69 banm Inten~sxa~e
~o ~.nte~eet%on w,%th Meh,%dian Raad.
7hene wene na when comments beam the eumm.i~sa.ion.
Aating Chain.man G/a~t Monnow es~abe,i~shed Name nuleh gavenru.ny .the pub.e,ie
.tea~imony. Each pe~wan who w.idhed ~a .tes,t%by wab ~o came bahukvcd and
Mate name and addneee. Each pensan would be given a ~hnee minute xi.me
P%m%t and abten ,the ~eh~imany H~.gh Cauntlcy would have appahtun,ity .ta answe~c
any que~s.tianl paused.
The mee~:i.ng wcw opened ban Pub.P.ie Heani.ng.
h1res. Kathy TownCey
521 G/aktman Lane
Mph. Townley hubrni~ted bon xhe necand 5 pe~ixianis which hate: (VE THE PEOPLE
OF MERIDIAN OPPOSE THE ESTABLISHMENT OF HIGH COUNTRY OF IDAHO, INC. IN BEZNG
ABLE 7U SERVE AND UR SELL ALCOHOLIC BEVERAGES AT THEIR LOCATION ON MERIIAN
ROAD AND wALTMAN LANE. THERE ARE 71 SIGNATURES UN THESE PETITIONS. THREE
OF THESE PETITIONS G/ERE FROM LOCAL CHURCHES. PETITIONS UN FILE wITH THESE
MINUTES AT THE CITY CLERK'S OFFICE.
MRS. TUUINLEY ALSO SUBMITTED A NEUJSP R IPPING FUR THE RECORD DATED SEPT.
19,1983 U/HICH SHUwS THE ADA CUU CURDS T tVILL1AM CEREDA EARLL, 24,
ATIDRESS UNAVAILABLE, POSS€SS F A CBt~tF LEP~SUBSIANC~E, WITHHELD JUDGMENT,
$450.00 REIMBURSEMENT FUR BGVY'-h4UNEY, FIVE YEARS PROBATION-(THIS CLIPPING
UN FILE wITH THESE MINUTES IN THE CITY CLERK'S OFFICE). PERHAPS THE MONEY
FUR THIS DEVELOPMENT DUES NOT COME FORM DRUGS BUT AS A MOTHER A7 THIS POINT
Nn.EARLLS'S ATTORNEY OBJECTED FUR THE RECORD AS THIS IS IRtREI'EVANT AND (:"
IMhfATERIAL AND MAY BE SLANDEROUS, AND UIILL HOLD ANY MORE STATEMENTS AS 7O THE
LEGALITY UE M~EARLL AS STRICTLY LIABLE EUR ANY DAMAGE INCURRE7~ HIM EUR
RESULTS BY HIM UE ANY SLANDER.
hUu,. Town,bey cant-i.nued with hen ~teh~%mony and h.tated bhe SeeP~s ea~ucy Son
Men,%dian and Counc,L2 ~-S 1den,%dian cannot be deveCaped by peopCe wha are nab
~,n ,these coneenn~a .
Acting cha,ihman Ma~ucaw asfzed ~-S membe~u, os the camnwsd~.an had any r~tueh4:%avut
os ~. Townley.
Cammus~,aneh Sheah.en, Ane you aga~,n~~ L.Lquah an the entilce pnafee~.
Mx~s. Tawnkey- agctivu,.t both.
Camrr~V,a.ionea Johvwon, Mrs. Tawnkey, .the people you eanvabhed wexe they ab-
ject%ng .ta .the axle as alehol an2y?
Mnis. Tawn,ley- YES
There were no Swrtheh ques.ti.aws as h4nh. Tawn2ey.
Mn. Jameh R.i.ch
1203 LUES7 2nd
MERIDIAN, IDAHU83642
Mn. R.ieh pneher~ted Ewa petitc:ons which we~ce headed .the Name as Mrs. Tawneey'~s
pet-ctian~ an which xhevice we~ce eleven e.Lgnc~tuxes. Mn. Rich agreed with the
cammen~s whi,eh were made eanZ%en by Mne. Townley.
Aet%ng ehaucman Mavww ab(zed San axe~ponheshom H.Lgh CauntJcy on poTnt~s that had
been 62aught up.
Mn. Doug Mi,ke.P~san
(Ve Seel th,ih event ~hcat ha4 been bnaugh~ up happened .i.n the pah.t. Tlu~1 hays
no beah,i,ng an aun project at ,thin 4%ime. (Uha~ we are xJcy.Lng .to da auk
.there .us bu,i2d a high r~ua,ti~y pnojeet nes,t~ucunt, ma~el and lounge and
anytime you have a h,i.gh quality h~ealz haube the lounge eames along w.i~h .it.
I am hone you w,i,Q.Q S.%nd ~h,is anywhere eP~sa .in the vaP2ey. Th,Ls .il~ ehhenti.al
San aun 6ue.Lnesh.
hUc. Jamey Ba2P.antyne
10250 (UGwspening Cei.ssh
Ba.ih e, 7daha
I am a pnapenty awneh and would l.ihe ~ta know where p~capehty .in .in laeatian
.ta my pnopexty.
C~mm.i~se.ioneh Cage expla,%ned whence pxape~rty was .in location .ta Mn. Ba2lantyne'a.
hUc. Ba2lantyne adv,i~sed the Cammiis~.ion he had na a61ect%ans ~a ,the pnaject.
iWc. Ray Campbell
GO1 South Merri,di.an Road
GJe have a chance .ta advance private ente~cpxihe, and we mush remember p~u:vcite
entenpnise .is a pnec,iauis ~th,ing ~n ~h.ib country, aeebhOk doean'~ h,%e.2,
the people behinrd.it. UJe ehauld rat Judge un~i2 ~ has oppuntuwity
.to prove .i~isees and High Count/cy can be a good ~h,ing TS we .bet ,it. UJe can
diseaunage H~.gh Cauntlcy is we present .ta many o63.taele~. Lefts g~.ve 4;hem a
chance. There ,ins a.the2 pxobbemd .i.n .the eammunity ghat we are nab da.ing
a gaud lob on ghat we ~shauld be mane concerned about khan a lounge #hat
sae nab been pno~ wnang. Le~t'h glue H~,gh Caurathy a chance. •
R17~i Rhad~s (pahxon ob the Nazarene Chuneh )
1905 N.W. 8~h
MERIDIAN, IDANU &3642
I nectCize ghat w,ua,P.2y w.i~h ~h,%ngh .P.i.he ~h,i~s ghat are be~.n~ pnapa~sed a lounge
dace go aXang w.%th .it but ab a chnis~%an church avid Chhv,~c,an pcw.tan I have
,to evaten my pna~e~,~ aga,i.vv,~ tit due to the bae~ we have den axhen bans tin ~h,Ls
area whi.eh I beef ~shau.Cd be a62e .ta ~alze cane ob the dn%nlz%ng neede ,%n .th,i~s area.
12,i.he .the e~,~ab2,ihhment bud against ,the Qounge.
Ae,Li.ng Cha,ihman Ma~ucaw bnaugh~ up the pG.ivat ~b ~h,i~s pnajee~ gaes ~hnaugh and thin
2aunge eame~ ~a paba are ab the ewih~ing ~oungel~ ~,n ~heCi~auQat~elne 2aaain~
eeaee ,ta ewih#. I~ -ins nax ass ~hauyh you are adding are, y p g
are. Lu.uan kieevu,e aice baeeu cn tihe papuka;ti,on eaunt~S. E.ithen way ~hene w,i.22
be Same amauvrt .Ln the City ah ~hene were bebane. There can be na P%cenae~s
ieeued untie the new cevusuh #ahen wh,%ch wau,Ld be 1990 and then xhe papukce~i.an
wau,Ed have .to exceed 7500.
The quea#%on was named tib Mn. CampbeR,2 wau.ed be .%n bavon ob the pnajeex ~b
he ways nab a pnapen~y uwneh and noz eampevv~axed ban his pnopenty.
Mn. CampbeP,2, I mah~ eenta,LnXy wau2d.
Cammihh~.anen Jahnson made a pa~.n~ bon the neeandb ~ha~ xGieae beven pe~~ianh
oney eavuta.in 82 Ind.Lv.iduak h~.gnatunes my pa.%nt be~i.ng the eangnegat%ons ab the
churches co vas.i~s~ ab many mane peap.ee :than .that.
Acting cha,i~cman Walt Monnow e2aaed xhe pub,Zi.e hearing and eakeed ban a mat%on
bon F.indinga a4 Fact and ConcCue.ian.
The mafii,an wad made by Sheanen and seconded by jahwson xa ,ins~nuat the C.%ty
At-tonney ~to prepare F.i.ndingb ab Facx and Canc,eiu,.cans ab 2aw aft the pne,2i.mi.nany
and F.ina,C P2a~ ban PLOD-C with Conditianak Ube Pe.hm.<.t ban ne~sk~cauvat w/2vunge
and eneeaaed avehvu.gG~t P.i.vel.taeh baci,P~ity , : app~c~on by H~.gh Couvat~cy ab
Idaha, Ivic.
Ma~i.on Cann,Led-ALL YEA
oZian was made by Sheanen and aeeanded by Jahvasan ghat the F.indi.nya & Facfii~
and Concews.ion ab Law neb2ee~ a necammendc~tian ~a the City Caunc,i.e ban
appnovak ab the Nigh Caun~icy ab Idaho, Inc. ner~ue%~.
Moxi.an Can~cied~ ALL YEA
(ITEM ~2)-FINDING'S OF FACTS ~ CONCLUSIONS UN JUNN MATUNAS ~ BEDELCU, INC.
Ae~in.g Cha.ihman Monnvw .i,nrlu.uied ~-b xhene wehe any 4ue~s#i.ovV~ beam the Cammi.a~.ian.
Cage queaZianed ab xhis was ban Deny and unthadan~%c abb.ice anRy.
Rebenenee wab made .ta 3-C ab Caneeuai.ans where ~hene waukd be ki~rwted
obb.Lce under new zavu.ng andinanceis.
N(I OTHER QUESTIONS.
The ma~i,an wab made •Akdi jawi and heeonded by Sheanen ~hcat the Me~ueZe~
P2anvu.ng and Zan~,ng Camm.~se.Lan heneby adap#is and appnave~ the F.Lnd~.ng ab Faat
and Canc,Qu~s.Lan an .the Rezane nequ~i~ ob Jahn C. Matunai'and Bede2ea, Inc.
MUTIUN CARRIED- ALL YEA
( ACTING CHAIRMAN WALT MURRUUI DID NOT VOTE)
The mat%an was made by A2d.L1anz and eeeanded by JahwSan.
7HE MERIDIAN PLANNING AND ZONING COMMISIUN HEREBY RECOMMENDS TU THE CITY
COUNCIL OF THE CITY OF MERIDIAN THAT THEY APPROVE THE APPLICATION OF JOHN C.
MATUNAS, D.D.S., P. A., AND BEDELCO, INC. FUR THE REZONE OF THE PROPERTY
DESCRIBED IN THE APPLICATION UNDER THE CONDITION THAT THE DEVELOPMENT OF THE
PROPERTY CONFORM TO THE REQUIREMENTS OF THE ADA COUNTY HIGHIUAY DISTRICT LISTED
TN Ff AND THAT 7HE CONSTRUCTION DEVELOPMENT PROCEED AND THAT ALL REQUIREMENTS
OF THE ORDINANCE OF THE CITY OF MERIDIAN BE MET AND COMPLIED tUITH.
M@~IE~M CARRIED - ALDIJANI YEA, JOHNSON YEA, SHEARER YEA, COLE YEA.
rape ob #he~Se pxaeeea{i.ng~s an b.%2e ~,n the City C2eh(z'h ab~~.ce at C.%ty Ha,22.
Being ~hene na {w~the~c bus,ineeh ~a came bebahe xhe Commldh.Lan the ma~:i.an wab
made by Cate and 3eeanded by A2d,Ljan~. ~a adjaww ttt 8:00P.M.
MUTIUN CARRIES- ALL YEA
AP/PROVED~~ /~
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STUART: MTTICH: HEEN
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BEFORE THE 'MERIDIAN PLANNING AND ZONING COIuL^9ISSION
JOHN C. PAATUNAS, D.ll.S., P.A., AND BEDELCO, INC.
Request for Rezone
Northwest Corner -
Cherry Lane and Northwest 8th
Meridian, Idaho
FINDINGS OF FACT AND CONCLUSI
The above entitled matter having come on for public hearing
on July 13, 1984, at the hour of 7:30 o'clock p,m., the petitioners
appearing by and through John C. '3atunas and the Planning and
Zoning Commission of the City of P-ieridian having duly considered
the evidence in the matters, makes the following findings of facts
and conclusions:
FINDINGS OF FACT
1. That the property is located within the City of *4eridian
and is generally described as the Northeast corner of the
intersection of Cherry Lane and Northwest 8th Street and a more
particular description is included in the application, which
description is hereby included herein by this reference as if set
forth in full;
2. That the property is located in a residential area and is
AMBROSE,
FITZGERALD
B CROO KSTON
Attorneys ana
Counselors
P.O. Bos l2l
MeriAlen, IOeNo
83811
TelepMne BBBM87
presently zoned Residential and that the petitioners desire to place)
a commercial operation upon said property and that is the reason
for the request for rezone;
3. That the applicants' proposed use of the property is to
construct a professional office for the use of dentists and
orthodontists;
t r III • •
4. That the proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
been given and followed;
5. That the property adjacent to the proposed rezone on the
west is a multiple housing unit for retired and serior citizens;
that adjacent use on the north are residences of a duplex type
construction; that the property adjacent to the rezone area on the
east is a fourplex; that the property adjacent to the rezone area
and across Cherry Lane is single fanuly residences; that
kitty-corner from the property proposed for rezone is the Meridian
Junior High School;
6. That the proposed rezone area is nova a vacant lot and
has never had any use located upon it;
7. That it is the intention of the Ada County Highway
District to widen Cherry Lane from Meridian Road to Linder Road
such that the road would become a four lane street;
8. That the applicant proposes to have access for patients
off of Cherry Lane and that the parking lot for patients would be
in front of the building; that access for employees would be off
of Northwest 8th and employee parking would be in the rear of the
building;
9. That the proposed use of the property and the purpose of
AMBROSE,
FIT2GERALD
d CROOKSTON
Attorneys entl
Couneslora
P.O. Box e21
MxlElen, ItlWro
81811
TalspNOne BBN1B1
the rezone is for commercial activity. The owner of the property
will be required tc pay commercial rates for water., sewer and
trash and to pay for the requisite number of hookups required by
the applicants' proposed use;
10. That the applicant filed with the City Clerk a petition
indicating that more than 75$ of the owners of property within
300 feet of the land proposed to be rezoned 'nave no objection to
the rezone or the use of the property for professional offices;
11. That all notices were mailed to all appropriate parties;
12. That no one appeared at the public hearing on July 13,
19&4, at 7:30 o'clock objecting to the proposed rezone.
CONCLUSIONS
1. The City of Peridian has the .authority to grant
zoning amendments and rezones pursuant to Title 67, Chapter 65,
Idaho-code, and pursuant to 11-2-416 of the Revised and Compiled
Ordinances of the City of Meridian;
2. That upon rezone, the City of Meridian has authority to
place conditions upon the zoning amendment;
3. That 11-2-416(K) of the devised and Compiled Ordinances
AMBROSE,
FIRGERALD
S CROOKBiON
Atlomeya ane
Caunaalora
F.O. BoY IY7
Menaia~, KINo
ese~z
raNphons eeer+ei
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for zoning amendments; 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 new zoning will be harmonious with and in
accordance with the Comprehensive Plan and no Comprehensive
Plan Amendment is required.
(b) The area was not previously scheduled for a rezone.
AMBROSE,
F172G ERALD
S CROOKSTON
Atlomeys an0
Gounealora
P.O. Boz ~2T
Mer101sn,l0allo
838/2
Taleplwna B88~81
(c) The area included in the zoning amendment is
intended to be developed in the fashion that would be
allowed under the new zoning of Limited Office (LO).
(d) There will be a chance in the area which dictates
that the area should possibly be rezoned and that change
is that Cherry Lane is designated to become a four-lane
street.
(e) That the applicants represented that the proposed
construction and use of the property would be designed,
constructed, operated and maintained in harmony with the
existing and intended character of the surrounding property.
(f) The proposed use will not be hazardous or disturb-
ing to existing or future neighborhood uses.
(g) The area will be adequately served by public
facilities and services as those are already available
and in place adjacent to the property.
(h) The proposed use would not create excessive
additional requirements of public costs for public
facilities and services and would not he detrimental
to the economic welfare of the community.
(i) The proposed use will not involve any detrimental
activity to any person's property or the general cvelfare.
(j) The proposed use will not cause a significant
increase in vehicular traffic and should not interfere
with surrounding traffic patterns.
(k) That this rezone will not result in the destruction,
loss or damage of any natural or scenic feature of major
importance.
(L) The proposed zoning amendment is in the best inter-
est of the City of P~eridian.
`' II • •
4. That there were comments submitted at the public hearing
by the Ada County Highway District which are as follows:
(a) Provide curb, gutter, 5 foot sidewalk, and
match pavement on Northwest 8th abutting parcel.
(b) Improvements to Cherry Lane to be accomplished
under the Federal Aid project.
(c) Access to parcel to be reviewed and approved by
the District, as soon as possible to enable adequate time
to adjust the existing street plans.
(d) Relocate all obstructions outside of the proposed
street improvements. Prior to relocation., obtain written
approval from the applicable jurisdiction.
(e) Improvements to the dedicated right-of-way to be
designed and constructed to ACRD standards and specifications.
(f) Any work within the right-of-way requires a permit.
(g) Submit a site drainage plan showing elevations in
critical areas and drainage flow direction for approval by
the District.
The requirements of the Ada County Highway District must be
complied with.
5. That the use of the property and the construction and
development of the property must conform to the Ordinances of the
City of Pleridian.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIOiVS
The Meridian Planning and Zoning Commission hereby adopts
AMBROSE,
FITZG ERALD
BCROOKSTON
Attarnsye uW
Coansslore
P.O. eov ~Z7
MerlElen, lONo
87NR
Telapttone SSSJ~B1
and approves these Findings of Fact and Conclusions.
ROLL CALL
Commissioner Morrow Voted
Commissioner Alidjani Voted eq
Commissioner Shearer Voted reo.
~-
Commissioner Cole Vote -e--
-
Commissioner Johnson Voted
Chairman Spencer (Tie Breaker) Voted
~~
DECISION AND RECOMb1ENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
application of John C. Matunas, D.D.S., P.A., and Be delco, Inc.
for rezone of the property described in the application under the
condition that the development of the property conform to the
requirements of the Ada County Highway District listed above and
that the construction and development proceed and that all require-
men a of the Ordinances of the City of Deridian be met and complied
with.
MOTION:
APPROVED:~~ DISAPPROVED; _`
i
AM BROSE,
FITZGERALO
B CROO KSTON
Attorneys end
Coonaelon
P.O. eor ~Z7
Merl0lsn, I Wno
B~BSY
Telephwie SBBMSI