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Adult Entertainment Zoning Ordinance - Resolution 871 and 873- ----.~- NOTICE OF 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, 33 East Idaho Street, Meridian, Idaho, at the hour of 7.30 p.m. on February 15, 2000, for the purpose of reviewing and considering the Adult Entertainment Ordinance relating to the zoning schedule. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19th day of January, 2000. PUBLISH January 28 And February 11, 2000 /`~" WILLIAM G. BERG, JR., CLERK ~1~~~~gc~~tsiretrarJrsa ~ >` ~~~~~ ~ ,~~~e ~~ T~C> ry' .~ ~~ ~ ~ ~~3 if~~*~ ~~~ 6 ~ l~tt~S ~~d ~l+~iS; ~# t'f 441~~~~~ ,~+ ~~ NOTICE OF 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 and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 11, 2000, for the purpose of reviewing and considering the amendment of the zoning schedule for commercial adult entertainment businesses. A more particular description is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 9th day of December, 1999. `" WILLIAM G. BERG, JR., I CLERK PUBLISH December 24, 1999 and Janua 7, 2000 ,~``'~~"""'-~--``''~~, ry \``~~~~G,,~~l Cap M~~~'~',f ~f,'~. - S~.~L 9~ 1~oM i ~" ~''~~~f1;tF! P11i1~~~`` WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. JuLrs KLIIN FISCHfR ATTORNEYS AT LAW WM. F. GI(HiAY,111 D. SAMIIII, JolavsoN ZOO EAST CARLTON AVENUE WII.I,IAM A. MORROW POST OFFICE BOX 1150 WILLIAM F. NICHOLS MERIDIAN, IDAI30 83680-1 1 50 CtuuSTOP}ffit S. NYE ~"~ A' soN STB+HEN L. PRUSS TH, (208) 288-2499 ERIC S. ROSSMAN FAX (208) 288-2501 TODD A. ROSSMAN DAVID M. S WARTLEY TIItRF1QCER WHITE E-MAII,: dms@wppmg.com February 1, 2000 Shari Stiles/Brad Hawkins Clark, Planning and Zoning 200 East Carlton Meridian, Idaho 83642 NAMPA Ok'FICE 104 NINfII AVFrruFSovrH POST OFFICE BOX 247 NAMPA, IDAHO 83633-0247 TEL- (208)466-9272 FAX (208)466.4405 PLEASE REPLY TO MERIDIAN OFFICE F ~ a - ~+ Zooo 7,. r , a i l ~ Y~ :e,~. ~1!!L Y t1 i Re: Ordinance Amendment to Subsection B Commercial of The Zoning Schedule of Uses Please find enclosed the Recommendation to the City Council by the Planning and Zoning Commission on the above referenced applicatioxl. Please note this matter will be heard before the City Council on February 1 S, 2000. Because this is a legislative matter and not quasi judicial there are no position statements sent with these recommendations, and the City attorney's office asks tliat The Plaxuung and Zoning Administrator simply address the Cit}~ Council. on the merits of this recommendation of the Planxurlg and Zoning Commission. Very truly yours, Copy :William G. Berg, Jr., City Clerk Enclosure City Attorney's Office ~/ ,~ BEFORE THE PLANNING AND ZON"ING COMMISSION IN THE MATTER OF THE ORDINANCE AMENDMENT TO SUBSECTION B COMMERCIAL OF THE ZONING SCHEDULE OF USE CONTROL OF SECTION 1 OF CHAPTER 8 OF TITLE 11 LEGISLATIVE MATTER: HISTORY AND R~;COMMENDATIONS Legislative History to Recommendation: The City of Meridian has recently completed a recodiflcation of its City Code. Sterling Codifiers, in the recodification process, recommended to the City that certain corrections be considered to its code. One of the recommendations was to provide in the Schedule of Use control for a specific definition for "Adult Entertainment Businesses" since they are regulated by the City and might otherwise qualify in various commercial categories of use control; and In order to assure that the location of such businesses is restricted to appropriate zones, and to assure the conditional use process will accompany each such application for use to assure compatibility of such use with neighboring properties and the public health and welfare, and to minimize adverse impact on other development, control duration, assure business is maintained properly and to assure that all the considerations of conditional use applications apply; It is hereby recommended to the City Council that the attached ordinance be considered and passed which ordinance restricts such use to the RSC, C-G and I-L zones only as a conditional use. eyJZ:\Work\M\Meridian 15360M\Adult Entertaitunent\CodeArnendRec.wpd RECOMMENDATION TO CITX COUNCIL - 1 ORDINANCE AMENDMENT PERTAINING TO LAND USE SCHEDULE - CITY OF MERIDL4.N ,~--~ April 27, 2000 Ordinance MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Ordinance ITEM NO. / . REQUEST Adult Entertainment Ordinance relating to zoning schedule AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached ~7~ a I' pfR/ Materials presented at public meetings shall become property of the City of Meridian. April 13, 2000 /'1 Ordinance MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT ITEM NO. 1 REQUEST Adult Entertainment Ordinance relating to zoning schedule AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS see attached ~ ~~I ~; ~. u ~i~ ,~ I~ C~ 'd Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERI ORDINANCE NO. a l r~ AN ORDINANCE RELATING TO ADULT ENTERTAIN7VIENT; AMENDING SECTION 1 OF CI-IAPTER 10 OF TITLE3 MUNICIPAL CODE OF THE CITY OF MERIDIAN BY THE ADDITION THERETO OF A NEW DEFINITION IN SECTION 1 DEFINITIONS "ADULT ENTERTAINMENT"; AND BY THE ADDITION THERETO OF A NEW SECTION lA AND 1B PROVIDING FOR FINDINGS AND A STATEMENT OF PURPOSE AND PROVIDING FOR LOCATION RESTRICTIONS, AND AMENDING SECTION 7 OF CHAPTER 10 OF TITLE 3 BY THE DELETION THEREIN OF THE REFERENCE TO THE CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That Section 1 of Chapter 10 of Title 3 of the Meridian City Code of the City of Meridian, be, and the same is hereby amended to read as follows: ADULT ARCADE Machines which are used by an individual to view films, MACHINES: videos, or segments of films, which distinguish, characterize, or emphasize matters depicting, describing or relating to activities of a sexual nature for the purposes of adult entertainment. ADULT BUSINESS: An adult store, adult theater, adult entertainment establishment or adult business which also includes any business that operates adult arcade machines on its premises. ADULT ENTERTAINMENT Means and shall refer to materials, stock or trade. books magazines or films, videos, devices, clothing, theatrical presentation, dance, or performances which have as a central theme or attraction the gratification of sexual desires of persons for whom it is intended to be distributed to or seen ADULT Any place of business, or commercial establishment, wherein ENTERTAINMENT the entertainment or activity therein consists of substantially ESTABLISHMENT: nude persons dancing with or without music or engaged in movements of a sexual nature wherein the patron is directly or indirectly charged a fee or required to make a purchase in order to view the entertainment or activity which consists of persons exhibiting or modeling lingerie, bikinis or similarly styled garments, or where the patron, directly or indirectly, is ADULT ENTERTAINMENT ORDINANCE -PAGE 1 OF 5 charged a fee to engage in personal contact by employees, devices or equipment, or by personnel provided by the establishment. A. An establishment which has semi-nude dancing or strip tease performances, whether these occur regularly or occasionally. B. "Adult dancing" includes, but is not limited to: erotic, exotic, striptease, bikini or lingerie and shall mean and relate to any performance, preview, play, show, skit, film, dance or other exhibition performed before an audience depicting, describing or relating to activities of a sexual nature for the purposes of adult entertainment. C."Substantially nude" as used in this Section shall mean dressed in a manner so as not to display any portion of the female breast below the top of the areola, or displaying any portion of any person's pubic hair, anus, cleft of the buttocks, vulva or genitals. This definition of "adult entertainment establishments" is to include, but note be limited to, bathhouses, massage parlors, lingerie, modeling studios, or related or similar activities. D. Establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment, as herein above described, are specifically excluded. ADULT STORE: A. An establishment having as a substantial or significant portion of its stock or trade, books, magazines or films which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to adult entertainment; B. An establishment with a segment or section devoted to the sale or display of such material; or C. An establishment which sells or displays for sale devices designed to stimulate sexual arousal by contact with the skin or bodily orifices. ADULT THEATER: An establishment, either enclosed or in the open air, used for presenting to an audience through film or live performance material distinguished or characterized by emphasis on matter depicting, describing or relating to activities of a sexual nature for the purposes of adult entertainment. ADULT ENTERTAINMENT ORDINANCE -PAGE 2 OF 5 ,~'\ HOLDING COMPANY: A. Any corporation, firm, partnership, trust or other form of business organization not a natural person which, directly or indirectly: 1. Owns; 2. Has the power or right to control; or 3. Holds with the power to vote, all or any part of the outstanding voting securities of a corporation which holds or applies for a license required by this Chapter. B. For the purposes of this Section, in addition to any other reasonable meaning of the words used, a holding company "indirectly" has, holds or owns any power, right or security mentioned in subsection A of this definition if it does so through any subsidiaries, however many such subsidiaries may intervene between the holding company and the corporate licensee or applicant. INTERMEDIARY Any corporation, firm, partnership, trust or other form of COMPANY: business organization other than a natural person which: A. Is a holding company with respect to a corporation which holds or applies for a license required by this Chapter. B. Is a subsidiary with respect to any holding company. SUBSIDIARY: A. Any corporation all or any part of whose outstanding equity securities are: 1. Owned; 2. Subject to a power or right of control; or 3. Held with power to vote, by a holding company or intermediary company; or B. Any firm, partnership, trust or other form of business organization not a natural person, all or any interest in which is: 1. Owned; 2. Subject to a power or right of control; or ADULT ENTERTAINMENT ORDINANCE -PAGE 3 OF 5 3. Held with power to vote, by a holding company or intermediary company. SECTION 2: That Chapter 10 of Title 3 of the Meridian City Code of the City of Meridian, be, and the same is hereby amended by the addition thereto of a new Section 1 A to read as follows: 3-10-1 A_. FINDINGS AND STATEMENT OF PURPOSE: The City Council finds that there are varying~oints of view and opinions and beliefs about adult entertainment which includes those who believe that in all forms it is very offensive, and those who believe it to be generally offensive, as well as those who are generally not offended by it, so long as it is not made available to minors. Therefore, it is found to be in the interest of public health, safety, welfare and peace of the community, that certain regulations be enacted to govern the conduct of adult entertainment business activity, which are set forth in this Chapter as a community standard for the conduct of such business. SECTION 2: That Chapter 10 of Title 3 of the Meridian City Code of the City of Meridian, be, and the same is hereby amended by the addition thereto of a new Section 1 B to read as follows: 3-10-1 B: LOCATION RESTRICTIONS: From and after Tanuary 1, 2000, no person or entity shall own or operate any Adult Arcade Machines, Adult Business, Adult Entertainment Establishments, Adult Stores or Adult Theaters within three thousand (3,000') feet of any school, park, church, place of worship or any other Adult Arcade Machines, Adult Businesses, Adult Entertainment Establishments, Adult Stores or Adult Theaters, measured in a straight line to the entrance of the premises. SECTION 3: That Section 7 of Chapter 10 of Title 3 of the Meridian City Code of the City of Meridian, be, and the same is hereby deleted in reference to City Attorney. 3-10-7 CONTROL BY CITY CLERK: The City Clerk shall, within three (3) working days of a receipt of an application for license required by this Chapter submit a complete copy of the application to the Planning and Zoning Commission, Building Inspector, Central District Health Department of the State of Idaho, Fire Inspector for the City, ,City Engineer, Ada County Highway ADULT ENTERTAINMENT ORDINANCE -PAGE 4 OF 5 ~ ~. Department and the Chief of Police. SECTION 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 6. SAVINGS CLAUSE. This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 7. DATE OF EFFECT. This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this of 2000. Mayor Robert D. Corrie ATTEST: CITY CLERK msg\Z:\Worlc\M\Meridian 15360M\P.dult Entertainment\AdultEntertmtOrd day ADULT ENTERTAINMENT ORDINANCE -PAGE 5 OF 5 March 31,2000 ORDINANCE MERIDIAN CITY COUNCIL MEETING April 4, 2000 APPLICANT ITEM NO. K REQUEST FINDINGS -ADULT FNT~RTAINMFNT nRI~INANC'F RFI ATIN(; TCl 7(ININC; cruFni n F AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~r ~ ~ ~~ C~ U" ~ U ~ tLti.1Sl1J ~ FINDINGS V `~11 (N ~y Materials presented at public meetings shall become property of the City of Meridian. interoffice M E M O R A N D U M ~~~~~ ; To: William G. Berg, Jr. ~ ~' BAR Z 9 2000 From: Wm. F. Nichols i1 X~~3tt:9 XS -c'Y R?;r" .~.. u. ?FT,'t,. ~" A R! Subject: Adult Entertainment Findings and Ordinance File: 3.5.4 Date: March 24, 2000 Pursuant to Council action at their City Council meeting held on March 21, 2000, please find attached the Amended Findings of Fact and the revised Adult Entertainment Ordinance for the zoning location. This matter will be brought back before the Council at their April 4, 2000, meeting. If you are in need of anything further, please advise. Z:AWorlc\M\Meridian 15360M~Adult Entertainment\Berg032400.Mem Ey/Z:AWor1dM~Meridian 15360M~Adult Entertainment\Berg032400.Mem MAR 2 9 2000 ~Iri``~ ' 1~:~i~~~r BEFORE THE MERIDIAN CITY COUNCIL 03-24-00 IN THE MATTER OF THE ) ORDINANCE AMENDMENT ) TO SUBSECTION B ) COMMERCIAL OF THE ) ZONING SCHEDULE OF USE ) CONTROL OF SECTION 1 OF ) CHAPTER 8 OF TITLE 11 ) AMENDED FINDINGS OF FACT The above entitled ordinance having come on for public hearing on February I5, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact: FINDINGS OF FACT 1. The notice of public hearing on the ordinance was published for two (2) consecutive weeks prior to said public hearing scheduled for February 15, 2000, before the City Council, the first publication appearing more than fifteen (15) days AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER/ADULT ENTERTAINMENT ORDINANCE prior to said hearing and with the notice of public hearing having been posted within the premises of the Meridian City Hall more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been dLdy considered by the City Council at the February 15, 2000, public hearing; and the public having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and the Meridian City Code. 3. Giving due consideration to the Staff comments addressed to the Mayor and Planning and Zoning Commission, dated January ll, 2000, Staff recommends prohibiting adult entertainment businesses in the Neighborhood Commercial (C-N) and Community Commercial (C-C) zones. 4. The City of Meridian may take legislative action in order to assure that the location of such businesses are restricted to appropriate zones, and to assure the conditional use process will accompany each such application for use to assure compatibility of such use with neighboring properties and the public health and welfare, and to minimize adverse impact on other development, control duration, assure business is maintained properly and to assure that all the considerations of conditional use applications apply, the Adult Entertainment Ordinance restricts such uses to the I-L zone only as a conditional use. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER/ADULT ENTERTAINMENT ORDINANCE By action of the City Council at its regular meeting held on the ~~ day of ~~~. , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED_ ~~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~-- y © ~ MOTION: APPROVED ~~~ODISAPPROVED: Copy served upon the Planning and Zoning Department, Public Worlcs Department and the City Attorney. By: r ~ City Clerk ~~`~~~``G~~y ~ aR,q ~~'T''Ay`°'~. ~' ~ ~~~~ ~ ~ T~ Dated: ~.~~, r 9 p~ ~~ r~ ~ ~ msp~Z:AWorlc\M\Meridian 15360M~/ldult Entertainment\OrdFfClsOrderRevised032400 ~~~¢~~~~ ~~~~ ~6~~~~~~~~ rIJSltlStk~ AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER/ADULT ENTERTAINMENT ORDINANCE MARCH 17, 2000 ~"~ MERIDIAN CITY COUNCIL MEETING: MARCH 21 2000 APPLICANT: AGENDA ITEM NUMBER:__,~ REQUEST: FINDINGS - ADUtT ENTERTAINMENT ORDINANCE RELATING TO ZONING SCHEDULE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE MARCH 7 ITEM PACKET k i~ E``'~i~ pL f"~ ~~~~~ ~d ° `~~~.~y'y OTHER: Materials presented at public meetings shall become property of the City of Meridian. interoffice M E M O R A N D U M ~~~ To: Mayor Robert D. Corrie and City Council Members ~ °' ~R - 9 2000 cc: William G. Berg, Jr., C~ty Jerk *~'@~ From: Wm. F. Nichols Subject: Adult Entertainment -Zoning Ordinance Revision Date: March 7, 2000 Mayor Corrie and Council: At the Council meeting held on February 15, 2000, the proposed ordinance setting forth the zones in which Adult Entertainment is allowed, vas before the Council at the public hearing. A question was raised by the Council concerning whether, because of the new license requirement, the City could force a nonconforming business to close and relocate to an allowed zone? Our office has researched this issue and has concluded that the existing Adult Entertainment Business, which if I remember correctly is in the Old Town District, would be treated as a "Nonconforming Use." Therefore, as long as that particular business does not enlarge or expand the nonconforming use, they would be permitted to remain but no new businesses could locate v~~thin that particular zone. Z:\Worlc\M\Meridian 15360M\Adult Entertainment\NlavorCouncil030700.Mem n MARCH 3, 3000 MERIDIAN CITY COUNCIL MEETING: __ MARCH 7, 2000 APPLICANT: AGENDA ITEM NUMBER: REQUEST: FINDINGS/CONCLUSIONS -ADULT ENTERTAINMENT ORDINANCE RELATING TO ZONING SCHEDULE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ~ ; ~ ~~ ~~"1, V CENTRAL DISTRICT HEALTH: ~ ',~i 1~ ~ `~ . ~ , ~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ~~ IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ~~' c~I~~ MAR - 1 2000 in teroffi c Y-~Yl i e :~~`~' ~~~i :~4- ~~grr`~~~~- M E M O R A N D U M To: William G. Berg, Jr. From: William F. Nichols Subject: ADULT ENTERTAINMENT BUSINESSES ORDINANCE /AMENDMENT TO THE ZONING SCHEDULE OF USE CONTROL Date: March 1, 2000 Will: Please find attached the original FINDINGS OF FACT, pursuant to action of the Council at their February 15, 2000, meeting. The Findings will be on the Council's agenda for their March 7, 2000, meeting. Additionally, the original Ordinance may be placed upon the March 7, 2000, agenda for adoption by the Council. Please serve copies of both documents upon the appropriate departments. If you have any questions please advise. msg/Z:AWork~N1\Meridian 15360M~Adult Entertainment\CI1cLtrORDFfCIs&Order BEFORE THE MERIDIAN CITY COUNCIL 03-01-00 IN THE MATTER OF THE ORDINANCE AMENDMENT TO SUBSECTION B COMMERCIAL OF THE ZONING SCHEDULE OF USE CONTROL OF SECTION 1 OF CHAPTER 8 OF TITLE 11 FINDINGS OF FACT The above entitled ordinance having come on for public hearing on February 15, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact: FINDINGS OF FACT 1. The notice of public hearing on the ordinance was published for two (2) consecutive weeks prior to said public hearing scheduled for February 15, 2000, before the City Council, the first publication appearing more than fifteen (15) days FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER /ADULT ENTERTAINMENT ORDINANCE prior to said hearing and with the notice of public hearing having been posted within the premises of the Meridian City Hall more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 15, 2000, public hearing; and the public having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and the Meridian City Code. 3. Giving due consideration to the Staff comments addressed to the Mayor and Planning and Zoning Commission, dated January 11, 2000, Staff recommends prohibiting adult entertainment businesses in the Neighborhood Commercial (C-N) and Community Commercial (C-C) zones. 4. The City of Meridian may take legislative action in order to assure that the location of such businesses are restricted to appropriate zones, and to assure the conditional use process will accompany each such application for use to assure compatibility of such use with neighboring properties and the public health and welfare, and to minimize adverse impact on other development, control duration, assure business is maintained property and to assure that all the considerations of conditional use applications apply, the Adult Entertainment Ordinance restricts such uses to the RSC, C-G and I-L zones only as a conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER /ADULT ENTERTAINMENT ORDINANCE By action of the City Council at its regular meeting held on the day of , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED, COUNCILMAN KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED, DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon the Planning and Zoning Department, Public Worlcs Department and the City Attorney. By: City Cleric Dated: msg/Z:\Worlc\M\Meridian 15360M\~ldult Entertainment\OrdFfClsOrder FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER/ADULT ENTERTAINMENT ORDINANCE ;,y., ..s FEBRUARY 11, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15. 2000 APPLICANT: ORDINANCE AGENDA ITEM NUMBER: 16 REQUEST: ADULT ENTERTAINMENT ORDINANCE RELATING TO ZONING SCHEDULE AGENCY COMMENTS CITY CLERK: ~~.~ ~ C~'~e CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ,~ CENTRAL DISTRICT HEALTH: ,y~ I„~-, NAMPA MERIDIAN IRRIGATION: /~ u (J SETTLERS IRRIGATION: `~, ' IDAHO POWER: US WEST: ~i~``~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. interoffice M E M O R A N D U M ~_ t, To: William G. Berg, Jr. cc: Bruce Freckleton, Public Works Brad Hawkins-Clark, Planning and Zoning From: Marlene St. George ~ ~j Subject: Adult Entertainment Business Ordinance /File No. 3.5.4 Date: January 12, 2000 Will: R~~ J A ~ 1 2 2000 CITY 0~~ i~R,IDIt9'i~ Please find attached the revised original of the Adult Entertainment Businesses Ordinance, pertaining to the Land Use Schedule. Please replace this Ordinance with the previous Adult Entertainment Businesses Ordinance that was forwarded to your office. This matter is set for the Planning and Zoning Meeting set for tonight, Wednesday, January 12, 2000. msg/Z:AWork\M\Meridian 15360M~Adult Entertainment~BergOll200.Mem JAN 1 2 200Q CITY OF MERIDIAN CITY OF I~,II~TA~ ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTION "B. COMMERCIAL" OF THE "ZONING SCHEDULE OF USE CONTROL" OF SECTION 1 OF CHAPTER 8 OF TITLE 11 MERIDIAN CITY CODE BY THE ADDITION THERETO OF AN "ADULT ENTERTAINMENT BUSINESSES" UNDER LAND USES AND PROVIDING FOR THE SAME TO BE PERMITTED ONLY BY CONDITIONAL USE IN "RSC", "C-G" AND "I" DISTRICTS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That subsection B of Section 1 of Chapter 8 of Title 11 Meridian City Code, be, and the same is hereby amended to read as follows: 11-8-1 DISTRICTS B. COMMERCIAL: R-4 R-8 R-15 R-40 L-O C-N C-C RSC C-G OT TE I M Accounting C P P P C P C services Administrative C P P P C P C services Adult C C C Entertainment Businesses Automobile repair C C shop Automobile service C C C P C stations Automobile C P C P P P washing facilities Bakery Stores C P P C P C P=Permitted Use C=Conditional Use P-A=Permitted as Accessory Use DK=Design Review (Blank)=Prohibited LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT -PAGE 1 OF 5 ... Banks and other P C P C P C financial establishments Bars, alcoholic C C C C C C establishments Broadcasting, radio C P C C C C C and TV Bus and rail C P C stations Cemeteries C C Child Care Center C C C C C C C C C Churches C C P P C P Clinics (Medical, C C C P P P C P C Dental Sz Optical) Clubs & Lodges C C C C C C C Construction C C C C C C C C C C C C Bldgs., Temp. Convenience C C P P C C C Stores Department Stores P C P C Drive-In Theaters, C C C C C C C C C C C Drive-In Establishments Dry Cleaning C C P C P P Entertainment C C C P C P C Centers, Indoor Entertainment C C C C C P C C Centers, Outdoor Family Child Care P-A C C C P-A Home Garages, Public C C C C C P P P=Permitted Use C=Conditional Use P-A=Permitted as Accessory Use DR=Design Review (Blank)=Prohibited LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT -PAGE 2 OF 5 ~~ Greenhouses, C C C P C P C Nurseries Group Child Care C C C C C C C C Home Home Occupations P-A C C C Hospitals C C C C C Hotels C P C P C Laboratories P C C P (Medical, Dental & Optical) Laundries, P C P Commercial Laundries, Self- C C C P P P C Service Libraries and P P P P P P P Museums Mortuaries P P P C Motels C P C Nursing Homes Sz C C C Sanitariums Nurseries Sz Day C C C C C C C C C Care Centers Planned C C P P C P C Commercial Development Planned Unit C C C C C C C C Development - General Professional & C C P C P C P C Sales Offices Public Parking Lots C C C C P C P P P P=Permitted Use C=Conditional Use P-A=Permitted as Accessory Use DR=Design Review (Blank)=Prohibited LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT -PAGE 3 OF 5 Public Sz Quasi- Public Uses C C C P C C C C Public Services Facilities PDR PDR PDR PDR PDR PDR PDR PDR PDR PDR PDR Publishing Sz Printing Facilities (small) P P C P C P P Radio ~ T.V. C C C C C C C C Regional Shopping Center C Restaurants C C C P C P C P P Retail Stores C P C P C C C Retirement Homes C P C C Research Facilities C C C P P Sales Lots (Auto, Rec, SzAgric., Etc.) C C C School -Private, Nursery C C C C C C C C C C C School -Public P P P P C C C P Shopping Centers, Community P C Shopping Centers, Neighborhood C C C C P C Shopping Centers, Regional P Storage Facilities, Indoors P P Storage Facilities, Outdoors C C C P P P Service Stations C C C P C C P Truck Stops P P P=Permitted Use C=Conditional Use P-A=Permitted as Accessory Use DR=Design Review (Blank)=Prohibited LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT -PAGE 4 OF 5 Technical School - C P (With Curricula Related to the Principal Uses) Veterinary Clinics C P P P & Hospitals _ _ _P _ C P P Wholesale Facilities (Ord. 557, 10-1-1991; amd. Ord. 592, ll-17-1992) P=Permitted Use C=Conditional Use P-A=Permitted as Accessory Use DR=Design Review (Blank)=Prohibited SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3. VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE. This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 5. DATE OF EFFECT. This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. Mayor Robert D. Corrie ATTEST: City Cleric sg~Z:AWork\M\Meridian 15360M~1dult Entertainment\LandUseScheduleAdultEntertmt.Ord LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT -PAGE 5 OF 5 ~ ~, Meridian Planning and honing Commission January 12, 2000 Page 81 Barbeiro: I will second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES 17. PUBLIC HEARING: ADULT ENTERTAINMENT ORDINANCE RELATING TO ZONING SCHEDULE Borup: I don't know if you looked at the original ordinances written but I think the amended ones sure takes care of my concerns a lot better. David was there anything that you would like to background on this. I understand the attorneys felt we were better off with it in the ordinance then not have anything at all. Swartley: Mr. Chairman, unfortunately this is the first time I have taken a look at it. I am going to assume that Mr. Gigray drafted this and I am sure that he has covered everything that you could think of. Borup: The first time it had adult entertainment businesses as a permitted use and CG and industrial zoned. Swartley: As a permitted use? Borup: Yes. Swartley: That is not something the public or the City of Meridian wants is it. Borup: I did not open up this public hearing, lets open this public hearing on Item 17. Freckleton: Mr. Chairman, members of the commission, Steve and I had a conversation with Mr. Gigray about this subject this afternoon and Bill prepared this ordinance. It sounded like it was a hurry up deal to get it moving forward. He did distribute it for comment. He did not receive any comment back. I don't remember seeing it, but we get a lot of paperwork. Borup: So he prepared his comment not necessarily as a ordinance to stand as written. Freckleton: That is correct, and when I brought it to the -Mr. Siddoway and myself did prepare a recommendation to Planning and Zoning Commission and Mayor and Council for some recommended revisions and those are identical to what you have before you for the revised one that was submitted, I think today. I think everyone is far more comfortable with this one. Borup: This one shows a conditional use in 3 zones. An industrial zone, CG and RSC is regional shopping center which we don't have anything Meridian zoned. Meridian Planning and Zoning Commission January 12, 2000 Page 82 Swartley: I am sorry Mr. Chairman mine still has it in CG as a conditional use, is that correct? Borup: Yes. A conditional use in everything. Swartley: Well in the three, not everything. Borup: Well those 3. Swartley: Not R-4. Borup: RSC, CG and I -those three zones as a conditional use. Swartley: I'd like to reiterate that I am sure that Mr. Gigray covered all bases no matter how quickly he put it together. Borup: Are we supposed to make a recommendation? The public hearing is closed. Let the record note there was no public here to testify. Brown: I would move we close the public hearing. Borup: Oh, I can't do that. Barbeiro: Second. Brown: I would move that we approve the staff report of January 12tH Barbeiro: Second the motion. Borup: All in favor. MOTION CARRIED: ALL AYES MERIDIAN PLANNING & ZONING MEETING: January 12. 2000 APPLICANT: ITEM NUMBER: 17 REQUEST: ADULT ENTERTAINMENT ORDINANCE RELATING TO ZONING SCHEDULE AGENCY COMMENTS CITY CLERK: SEE NOTICE CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ~lv CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: ~~ ~~ SETTLERS IRRIGATION: ~ „/ IDAHO POWER: J~' -~ US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~. M E M O R A N D U M ~~~~ To: William G. Berg, Jr. / DEC - 1 1999 cc: Shari Stiles, Planning and Zonin /~/' g y ~ /" /~!7~ C~i'~' D~ ~ttlDD~i From: Wm. F. Gi ra , IIT Subject: Adult Entertainment Ordinance (File No. 3.5.4) Date: November 30, 1999 Will: Please find attached the original of the Adult Entertainment Ordinance, which Mayor Corrie has approved. This ordinance is now ready to be placed upon an upcoming Planning and Zoning meeting for their approval. If you have any questions please advise. msg~Z:\Work\M\Meridian 15360MV1dult Entertainment\Berg112299.Mem ~~ V~"~ Ia 6~I~ 61 ~, ri CITY OF MERIDIAI~1 ORDINA.I~ICE NO. AN ORDINANCE RELATING TO THE ZONING SCHEDULE OF,~~TSE CONTROL UNDER B. COMMERCIAL ADULT ENTERTAINM T BUSINESSES; A1v1ENDING SUBSECTION B OF SECTION 1 F CHAPTER 8 OF TITLE3 MUNICIPAL CODE OF THE CITY OF MERIDIAN:~Y THE ADDITION THERETO TO THE ZONING SCHEDULE OF USE CONTROL UNDER B. COMMERCIAL ADULT ENTERTAINMENT BUSINES~°ES LICENSED UNDER CHAPTER 10 OF TITLE 3; A1~1D PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE C4J~UNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDA,I=iO: SECTION 1. That Subsection B of Section 1 of Chapter 8 of Title 11 of the Meridian City Code of the City of Meridian, be and the same is hereby amended by the addition thereto of a new Subsection B of Section 1 to read as follows: 11-8-1 DISTRICTS B. COMMERCIAL: R-4 R-8 R-15 R-zkO L-O C-N C-C RSC C-G OT TE I M Accounting services C P P P C P C Administrative services C P P P C P C Adult Entertainment Businesses C C C P P Automobile repair shop C C Automobile service stations C C C P C Automobile washing facilities C P C P P P Bakery Stores Banks and other financial establishments Bars, alcoholic establishments Broadcasting, radio and TV Bus and rail stations Cemeteries Childcare center Churches Clinics (medical, dental and optical) Clubs and lodges Construction buildings, temporary Convenience stores Department stores Drive-in theaters, d ve-in establishments Dry cleaning Entertainment enters, indoor Entertainme centers, outdoor Family chil are home Garages, public Greenhouses, nurseries Group childcare home Home occupations Hospitals Hotels C P P P C P C C C C P C 'C C C C C C C C C P P C C C P P C C C C C C C C C C C C P C C C C C C C C C C C C C P-A C C C C C C C C C C C C P-A C C C C C C C C C P C C P P C P P C C P C C C C C C C C C C C C C C C C C C P P C C P C P C C P C P P P C P P C P C C C C C C P C C C C C C C P-A C C C C C C C C C C C P C C P P C LA1~1D USE SCHEDULE ORDINAI~ICE FOR ADULT ENTERTAINMENT -PAGE 1 OF 3 ~. Laboratories (medical, dental C C P and optical) Laundries, commercial P P C P Laundromats, self-service C C C P P P C Libraries and museums P P P P P P P 1~lortuaries P P P C Motels C P C Nursing homes and sanitariums C C C Nurseries and day care centers C C C C C C C C C Planned commercial development C C P P C P~ C Planned unit development - General C C C C C C C Professional and sales offices C C P C P C P C Public parking lots C C C C C P P P Public and quasi-public uses C C C P C C C C Public service facilities PDR PDR PDR PDR PDR PDR PDR PDR PDR roit rnu Publishing and printing facilities (small) P P C P C P P Radio and TV C C C C C C C C Regional shopping center C Restaurants C C C P C P C P P Retail stores P C P C C C Retirement homes C P C C Research facilities C C C P P Sales lots (auto, recreational, agricultural, etc.) ;' C C C School -Private, nursery C C C f~ C C C C C C C C School -Public P P P P / C C C P Shopping centers, community ~ ~ P C Shopping centers, neighborhood C C ~ C P C Shopping centers, regional / ' P Storage facilities, indoors ;i P P Storage facilities, outdoors C C ~' C P P P Service stations i ' C C C P C C P Truck stops j'r P P Technical school - (with curricula ~ related to the principal uses) C P Veterinary clinics and hospitals /'j f C P P P Wholesale facilities / C P P P SECTION 2: ~ r ordinances, resolutions, orders o r parts thereof in conflict herewith are here~y repealed, rescinded-and annulled. SECTION 3. VALIDITY: The Meridian City Council hereby declares that any section, p agraph, sentence or word of this Ordinance as adopted and amended herein be declare for any reason to be invalid it is the intent of the Meridian City Council that it ould have passed all other portions of this ordinance independent of the elimination h efrom of any portion as may be declared invalid. SE ION 4. SAVINGS CLAUSE. This ordinance does not affect an action o proceeding commenced or right accrued before this ordinance takes effect. SECTION S. DATE OF EFFECT. This ordinance shall be in full force an effect within one (1) month after its passage, approval and publication, according to law. LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT -PAGE 2 OF 3 ~--. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAI~1, IDAHO, th 2000. r APPROVED BY THE MAYOR OF THE CITY OF NIERIDL~t~1, IDAHO, this of , 2000. ~''' Mayor Robe~,t'D. Corrie ~~ ATTEST: CITY CLERK msg\Z:\Work\M\IVieridian 1~360N(\P.dult day of day LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT -PAGE 3 OF 3 1 / 10/00 Joseph and Shauna Callahan 35~ Creekview Dr. Meridian, ID ~i642 REcErv~D JAN 1 1 2000 CITY OF i1'1ERIDIAN Mayor Bob Corrie, Meridian City Council, Meridian Planning and Zoning Commission Re: Adult Entertainment in Meridian. Dear Sirs, We are disturbed by the prospect of adult entertainment being permitted in the city of Meridian. We have chosen Meridian as a place to live and raise our children because of the strong moral character we have witnessed in the Civic Leaders and citizens of Meridian. We feel that opening an adult entertainment business in Meridian should at the very least require a conditional use permit to allow us as citizens to have our say. Ultimately, we would prefer that those types of businesses completely stay away from Meridian. We do not want our children exposed to the type of people and the environment that adult entertainment would bring to our community. Please keep Meridian a safe, wholesome place to raise a family. Don't allow adult entertainment to become a part of our community. S' erel~ ~~~~/~' „~ Joseph and Shauna Callahan r i rte. January 10, 2000 REcEZVED JAN 1 1 2000 CITY OF 1~RIDIA.v Mayor, City Counsel and Planning and Zoning Commission; It has come to my understanding that there is a proposal to make "adult entertainment" oriented businesses legal in some areas around Meridian. Moreover, I understand that the process that such businesses would use to open would not require any public input or discussion by those in the neighboring areas to the proposed establishments. I strongly oppose any such establishments to be permitted in our community. This city is a haven to families, where children play in our yards and our wives are able to walk with friends safely down the streets. I moved here for this reason and I think that to change this and to enable businesses who exploit women (or men) to open without public input would be comparable to injecting cancer into a healthy young body. Do not let this disease into our backyards! Please do not allow these places in neighborhood commercial zoned areas (or preferably any others). There are plenty of these kinds of places around the valley without degrading our own home. We don't need these businesses and we don't need those who support and/or vote for them either. If they come, maybe we will have to get rid of those who allowed them to do it. Keep them out and keep your jobs! Sincerely, ~~ %~ R an Howell 661 W. Woodbury Dr. Meridian, ID 83642 .-~ MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless NUB OF TRE:aSURE VALLEY ~,. A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 883-4213 MEMORANDUM: To: iVlayor, City Council and Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineerc~F~ Steve Siddoway, Assistant Planner Re: An ordinance relating to the zoning schedule of use control businesses. LEGAL DEPARTMENT ('_OS) 238-2499 • Fax 288-25Qt PUBLIC ~YORKS BUILDING DEPARTMENT (208) 887-3211 • Eax 887-I'_97 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Pax 388-6851 January 1 1, ?000 R~cE'~D JAN 1 1 2000 CITY OF 1~IEERIDI~V for adult entertainment We have reviewed the proposed ordinance relating to the zoning schedule of use control for commercial adult entertainment businesses and have the following recommended modifications: COMMERCIAL R-4 R-8 R-IS R-40 L-0 C-N C-C RSC C-G OT TE I M Adult Entertain. Business C C C P=Permitted Use C=Conditional Use P-A=Permitted as Accessory Use DR=Design Review (Blank)=Prohibited As drafted, the ordinance would allow adult entertainment businesses as permitted uses in General Commercial and Industrial zones. This designation would not require a public hearing for such business, and therefore no notification to the public would take place and the Planning and Zoning Commission and City Council would not have the opportunity to place more restrictive conditions or deny an application. We are strongly opposed to the permitted designation and feel that the city should have the opportunity to review these applications and place conditions of operation on them. Bars and alcoholic establishments, childcare centers, clubs and lodges, drive-in establishments, hospitals, sales lots, and private schools are all examples of uses that are not permitted in any zoning district but are only allowed by conditional use in some zones and prohibited in others. Adult entertainment businesses should be required to follow the same precedent. We have researched the zoning ordinances of Boise City and Ada County related to adult entertainment businesses. Neither jurisdiction allows such businesses as a permitted use in any district. In addition, both jurisdictions prohibit such businesses in all residential, office, and lower intensity commercial districts. Therefore, we have recommended prohibiting adult entertainment businesses in our neighborhood commercial (C-N) and community commercial (C-C) zones. Adult Entertainment.doc r ~~ ~-~, Mark L. Browning ''` 1416 N.~V. 8`e Street Meridian, ID 83642 January 10, 2000 TO: Meridian Planning and Zoning Commission CC: Mayor, City Council SUBJET: Zoning for adult entertainment establishments ~EcE'~D JAN 1 ? 2000 City of lieridian City Clerk Offic© It is my understanding that Meridian P & Z is considering zoning rules that would apply to adult entertainment establishments in the city of Meridian. If I hear correctly, the proposal is to approve adult entertainment establishments for general use in all commercial and industrial zones, and for conditional use in neighborhood commercial zones. I would like to voice my strong objection to that proposal. I think that Meridian's zoning should follow the example set by the city of Boise, where these establishments are only approved for conditional use in certain commercial and industrial zones, and not approved at all in neighborhood commercial zones. I oppose these establishments being approved for general use in any part of the city. I believe the citizens should have a say in where conditional use is allowed. I will be watching closely to see how the city decides this issue. It is one that impacts the quality of life for families significantly, and should not be taken lightly. Sincerely, ~,~~1,c-I_ ~~Jw~~-- ~~ f /~ January 12, 2000 Dear Mayor Corric, City Council Members, and Platuung and Zoning Commission Nlembcrs ~~ C7~I" JAN 1 2 2000 City of 3ieridian City C1er.L- Office [t is our opution that Ilse proposed "Land Use Schedule Ordinatcce for Adult Entertainment". as currentl~~ drafted provides- ucsuflicient protection to the landowners and citirens oC Meridian which you represent. Meridian is indeed "A Good Place To Live", and we implore you to do all in your power to keep it such. Therefore, we propose tliat cite following modifications (which would we understand, insure public notification and public hearings) be made co the ordinance: COMNtERCIAL R-~t R-8 R-I5 i R•~t0 L-0 ~ C-u C-L ! RSC i C-G i~r i'E ( ~I Adult Entertain. Business C ~ C ~ I C We additionally implore you to keep foremost ut your minds; the insurmountable costs accnied by communities and families, which allow the poisons associated with so-called "Adult Entertainment" to .easily infiltrate their boundaries. May our Meridian. City 6e as conducive to Family unity as possible. We - .love Meridian, as have several generations of our fancily. We fervently-hope that our city representatives share that love-and wiIi prove it tltrouglc tlceiractions toward safeguarding our community, and most , importantly, our conunutcity's clcildren. Tlcank you for .your time ul readitcg this letter, and for your service to our community and its fatnilics. Very Sincerely Yours, ~ , Andrew and Diana Steadman Law _ .1v1ary Jessica Law (14) Andrew Law, Jr. (12) _ Barrett John Law (1Q) Sephora Law (9) Allison Law (5) .: _ . Cc: Mr. and Mrs. Everett Othello Parker . Mr. and Mrs. Vernon Law Mrs. Evan Law _ - Mrs. Geneva Law Zimmer - Mr. and Mrs. Dale J. Law f' ^. Hi. My name is Andrew Law. I heard you were having a planning and zoning meeting about adult entertainment. I live by the Kit Kat Club and I think that the messages and the bar itself is a danger to me and the other young adults in the area . If you could do something about it I would be very thanl~ul. Sincerely, Andrew Law I~EcENED JAN ~ ~ 2000 City of Meridian City Clerk OfficF ... WHITE, PETERSON, PRUSS, MORROW & GIGRAY , P.A. JUSTiN P. AYLSWORTH ATTORNEYS AT LAW KATHY J. ED\VARDS JULIE KLEiN FISCHER WM. F. GIGRAY, III 200 EAST CARLTON AVENUE NAMPA OFFICE D. SAMUEL JOHNSON POST OFFICE BOX 1150 104 NINTH AVENUESOUTH WILLIAM A. MORROW MERIDIAN, IDAHO 83680-1 150 POST OFFICE BOX 247 CHRISTOPHER S. NYE NAMPA, IDAHO 83653-0247 PH1L1P A. PETERSON TEL (208) 288-2499 TEL. (208) 466-9272 FAX (208) 466-4405 STEPHEN L. PRUSS FAX (208)288-2501 ERIC S. ROSSMAN TODD A. ROSSMAN PLEASE REPLY TO R. STEPHEN RUTH ERFORD MERIDIAN OFFICE TERRENCE R. WHITE E-MAIL: WFN([~WPPMG.COM l~C~~D February 11, 2000 F E B 1 1 2000 William G. Berg, jr. CITY OF ~RIDIAN Meridian City Clerlc 33 E. Idaho St. Meridian ID 83642 Re: ADULT ENTERTAINMENT ORDINANCE Dear Will: Regarding the above referenced matter, please find enclosed a copy of the recommendation to Council. If you need further assistance from this office, please advise. Very truly yours, ,., m. F. Nic is Enclosure BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) ORDINANCE AMENDMENT ) TO SUBSECTION B ) COMMERCIAL OF THE ) ZONING SCHEDULE OF USE ) CONTROL OF SECTION 1 OF ) CHAPTER 8 OF TITLE 11 ) LEGISLATIVE MATTER: HISTORY AND RECOMMENDATIONS Legislative History to Recommendation: The City of Meridian has recently completed a recodification of its City Code. Sterling Codifiers, in the recodification process, recommended to the City that certain corrections be considered to its code. One of the recommendations was to provide in the Schedule of Use control for a specific definition for "Adult Entertainment Businesses" since they are regulated by the City and might otherwise qualify in various commercial categories of use control; and In order to assure that the location of such businesses is restricted to appropriate zones, and to assure the conditional use process will accompany each such application for use to assure compatibility of such use with neighboring properties and the public health and welfare, and to minimize adverse impact on other development, control duration, assure business is maintained properly and to assure that all the considerations of conditional use applications apply; It is hereby recommended to the City Council that the attached ordinance be considered and passed which ordinance restricts such use to the RSC, C-G and I-L zones only as a conditional use. ey/Z:AWorlc\M\Meridian 15360M~Adult Entertainment\CodeAmendRec.wpd RECOMMENDATION TO CITY COUNCIL - 1 ORDINANCE AMENDMENT PERTAINING TO LAND USE SCHEDULE - CITY OF MERIDIAN ,y.., The Idaho .'- ;~T ~.; ~~ i~'i0~1~? ~ Statesman ~ ~ ~~ ._ ~ ,L~ P.O. BOX 40, BOISE, IDAHO 83707-0040 ~'~ LEGAL ADVERTISING fNVOIC~~~~~' `~'~~~~ ~i~~~ ----- $43.32 ~ Account NumbedTrans. # ~ Irlentlflcatlon - ---------- ~ ~---__-- i 064514 185937 _~' ADULT ENTERTAINMENT ORDINANCE --- - _ - Ordered B -- -' - - - - -- -- -_ - - Y - -- - P.O.-Number Rate Run Dates -- ----- - _--- -- - - - - - _- _- NT JANUARY 28, FEBRUARY 11, 2000 SHELBY L--- -- - - ~~ Estimated Inches ~ Real Inches CITY OF MERIDIAN ' 28 LINES L33 E. IDAHO AVE - --- - -- ---- _ # Affldavlts Legal Number ,MERIDIAN, ID 83642-2631 -- -- _ _ 1 !, 6106 LEGAL NOTICE PUBLIC HEARING NOTICE Is HEREBY GIVEN to the Ordinances of the City o1 and the Laws of the State of li arv i s, zouo, for me pi and considering the A Ordinance relating to t A more particular. above property is on fi on A copy of the. application is upon request. Anv and all inter sons shall be heard at said public hearing and. the public is welcome and invited to submit testimony. DATED this 19th day of January, 2000. WILLIAM G. BERG, JR., CITY CLERK Pub. Jan. 28, Feb.l 1, 2000 6106 ~~ JANICE HILDRETH __ ,being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for TWO ^ consecutive weekly ^ single ^ consecutive daily Dodd skip insertion(s) beginning with the issue of JANUARY 28 _2000 and ending with the issue of FEBRUARY 11 2000 ., . ~~~ - STATE OF IDAHO ) ss. COUNTY OF ADA ) ~''``M~ On this 11TH day of FEBRUARY in the year of ~~. ~ - r ,-. ~+,~-~•-..,,;~ ir,, __2000 ,before me, a Notary Public, personally appeared ~, ~~ _;~ ~°•,~ JANICE HILDRETH _ ____ _ known or identified ^~ ''' ,~""'"`~•~. '~.~ to me to be the person whose name subscribed to the within instrument, Q'Q;,~a~~>~.q~;- 'r~~r and being by me first duly sworn, declared that the statements therein S ~ ~ ~ ~ . are true, and acknowledged to me that she executed the same. r, ~, • - .."a %,~-".tit~i e~~ ~`.. ,,;~~~' `~~~~~' Notary Public for Idaho - --- -- Residing at: __ Boise, Id_a__h_o _ __ ~~'••w`+••"''`~ My commission expires: ** TX CONF I Rr ~~, ~ I ON REPORT ** AS OF FEB 11 '00 15 10 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 10 02/11 15 06 LEGAL DEPARTMENT EC--S 04'11" 014 202 OK FEBRUARY 11, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15. 2000 APPLICANT: ORDINANCE AGENDA ITEM NUMBER: 16 REQUEST: ADULT ENTERTAINMENT ORDINANCE RELATING TO ZONIN REDUCE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH; NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become propeHy of the City of Meridian. Meridian Planning an ~oning Commission .~ January 12, 2000 Page 81 Barbeiro: I will second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: I don't know if you looked at the original ordinances written but I think the amended ones sure takes care of my concerns a lot better. David was there anything that you would like to background on this. I understand the attorneys felt we were better off with it in the ordinance then not have anything at all. Swartley: Mr. Chairman, unfortunately this is the first time I have taken a look at it. I am going to assume that Mr. Gigray drafted this and I am sure that he has covered everything that you could think of. Borup: The first time it had adult entertainment businesses as a permitted use and CG and industrial zoned. Swartley: As a permitted use? Borup: Yes. Swartley: That is not something the public or the City of Meridian wants is it. Borup: I did not open up this public hearing, lets open this public hearing on Item 17 Freckleton: Mr. Chairman, members of the commission, Steve and I had a conversation with Mr. Gigray about this subject this afternoon and Bill prepared this ordinance. It sounded like it was a hurry up deal to get it moving forward. He did distribute it for comment. He did not receive any comment back. I don't remember seeing it, but we get a lot of paperwork. Borup: So he prepared his comment not necessarily as a ordinance to stand as written. Freckleton: That is correct, and when I brought it to the -Mr. Siddoway and myself did prepare a recommendation to Planning and Zoning Commission and Mayor and Council for some recommended revisions and those are identical to what you have before you for the revised one that was submitted, I think today. I think everyone is far more comfortable with this one. Borup: This one shows a conditional use in 3 zones. An industrial zone, CG and RSC is regional shopping center which we don't have anything Meridian zoned. Meridian Planning an ~.oning Commission ~~' January 12, 2000 Page 82 Swartley: I am sorry Mr. Chairman mine still has it in CG as a conditional use, is that correct? Borup: Yes. A conditional use in everything. Swartley: Well in the three, not everything. Borup: Well those 3. Swartley: Not R-4. Borup: RSC, CG and I -those three zones as a conditional use. Swartley: I'd like to reiterate that I am sure that Mr. Gigray covered all bases no matter how quickly he put it together. Borup: Are we supposed to make a recommendation? The public hearing is closed. Let the record note there was no public here to testify. Brown: I would move we close the public hearing. Borup: Oh, I can't do that. Barbeiro: Second. Brown: I would move that we approve the staff report of January 12tH Barbeiro: Second the motion. Borup: All in favor. MOTION CARRIED: ALL AYES ..-. ** TX CONF I RMt-~ f I ON REPORT ** ~-•, AS OF JAN 12 'e0 1644 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 15 01/12 16 42 2088886854 MODE MIN/SEC PGS CMDtt STATUS EC--S 01'30" 006 133 OK interoffice M E M O R A N D U M ~CE'~I) To: William G. Berg, Jr. JAN 1 2 2UU~ cc: Bruce l~reckleton, Public works CITY OF l~FERIDIAN Brad Hawkins-Clark, Plannin}g~J and Zonin from: Marlene St. Gcorgc ~" Subject: Adult Entertainment Business Ordinance / >Hile No. 3.5.4 Uatc: January 12, 2000 Will: Please fled attached the xevised original of the Aciult lrntertaituxtertt Businesses Ordinance, pertaining to the lraz~d Use Schedule. Please replace this Ordinance with the previous 1ldult irnecrtainment. Piusinesses Ordinance that was forwarded to your office. ~ his matter is set for the Planning and Zoning Meeting; set for tonight., \Ncdnesday, Jaziuary 1l, 2000. mspJZr\\^1or1<\M1Meridian 153GOMWdull Enter~ainmangBerl;Ol 1200.Mem ,~..,` MERIDIAN PLANNING & ZONING MEETING: Jan_ uary 12, 2000 APPLICANT: ITEM NUMBER: 17 REQUEST: ADULT ENTERTAINMENT ORDINANCE RELATING TO ZONING SCHEDULE AGENCY COMMENTS CITY CLERK: SEE NOTICE CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: "~,~ ~~; / / ADA COUNTY STREET NAME COMMITTEE: n.~`~~ ~ ( V CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: I" ~ ~~ ~~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. M E M O R A N D U M To: William G. Berg, Jr. ~~ a=~~°~' ~~~`"~' cc: Shari Stiles, Planning and Zonin / ~..lE~ ~ 1999 From: Wm. F. Gigray, III Subject: Adult Entertainment Ordinance (File No. 3.5.4) Date: November 30, 1999 Will: Please find attached the original of the Adult Entertainment Ordinance, which Mayor Corrie has approved. This ordinance is now ready to be placed upon an upcoming Planning and Zoning meeting for their approval. If you have any questions please advise. msg/Z_AWorkUVi\Meridian 15360M~1dult Entertainment~Bergll 2299.Mem ~ ~~~~ fs`~~ a 6h ~ a~ ~1' 0~ '~' ~ 6L~ -~.2 ~' r~ ~ 1`' ~ ~~~~~'S~~ ~~~U ~ 1 ¢ ~~ ~h ~" ~/~ ~~~- s'v ~ CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE RELATING TO THE ZONING SCHEDULE OF USE CONTROL UNDER B. COMMERCIAL ADULT ENTERTAINMENT BUSINESSES; AMENDING SUBSECTION B OF SECTION 1 OF CHAPTER 8 OF TITLE3 MUNICIPAL CODE OF THE CITY OF MERIDIAN BY THE ADDITION THERETO TO THE ZONING SCHEDULE OF USE CONTROL UNDER B. COMMERCIAL ADULT ENTERTAINMENT BUSINESSES LICENSED UNDER CHAPTER 10 OF TITLE 3; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That Subsection B of Section 1 of Chapter 8 of Title 11 of the Meridian City Code of the City of Meridian, be, and the same is hereby amended by the addition thereto of a new Subsection B of Section 1 to read as follows: 11-8-1 DISTRICTS B. COMMERCIAL: R-4 R-8 R-15 R-40 L-O C-N C-C RSC C-G OT TE I M Accounting services Administrative services Adult Entertainment Businesses Automobile repair shop Automobile service stations Automobile washing facilities Bakery Stores Banks and other financial establishments Bars, alcoholic establishments Broadcasting, radio and TV Bus and rail stations Cemeteries Childcare center Churches Clinics (medical, dental and optical) Clubs and lodges Construction buildings, temporary Convenience stores Department stores Drive-in theaters, drive-in establishments Dry cleaning Entertainment centers, indoor Entertainment centers, outdoor Family childcare home Garages, public Greenhouses, nurseries Group childcare home Home occupations Hospitals Hotels C P P C P P C C C C P P C C C C P C C C C C C C C C P P C C C P P C C C C C C C C C C C C P C C C C C C C C C C C C C P-A C C C C C C C C C C C C P-A C C C C C C C P P C C P P P C C C C P C C P P C P P C C P C C C C C C C C C C C C C C C C C C C C C C C P P P C P P P P C C P C P C C P C P P P C P P C P C C C C C C C C C P C C C C C C C P-A C C C C C P C P P C C C C C C P C C P P C LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT -PAGE 1 OF 3 ~, Laboratories (medical, dental and optical) Laundries, commercial Laundromats, self-service Libraries and museums Mortuaries Motels Nursing homes and sanitariums Nurseries and day care centers Planned commercial development Planned unit development - General Professional and sales offices Public parking lots Public and quasi-public uses Public service facilities Publishing and printing facilities (small) Radio and TV Regional shopping center Restaurants Retail stores Retirement homes Research facilities Sales lots (auto, recreational, agricultural, etc.) School -Private, nursery School -Public P Shopping centers, community Shopping centers, neighborhood Shopping centers, regional Storage facilities, indoors Storage facilities, outdoors Service stations Truck stops Technical school - (with curricula related to the principal uses) Veterinary clinics and hospitals Wholesale facilities P C C P P C P C C C P P P C P P P P P P P P P P C C P C C C C C C C C C C C C C C C P P C P C C C C C C C C C C C P C P C P C C C C C P C 1' P P C C C P C C C C PDR PDR PDR PDR PDR PDR PDR PDR PDR i~nx ri~a P P C P C P P C C C C C C C C C C C C P C P C P P C P C P C C C C P C C C C C I' P C C C C C C C C C C C C C C P P P C C C P P C C C C C P C P P P C C C P P P C C C P C C P P P C P C P P P C P P 1' SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3. VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as lnay be declared invalid. SECTION 4. SAVINGS CLAUSE. This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 5. DATE OF EFFECT. This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT -PAGE 2 OF 3 ~'`~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this of 2000. Mayor Robert D. Corrie ATTEST: CITY CLERK msg\Z:\Work\M\Meridian 15360M\,edult Entertainment\LandUsescheduleAdultEntertmt.Ord day LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT -PAGE 3 OF 3 ~•. ** TX CONFIRr~HfION REPORT ** DATE TIME T0~`FROM 13 01/05 15 50 2085885254 ^. AS OF JAN 05 '00 15 51 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD#S STATUS EC--S 01'28" 005 251 OK MEMORANDUM __ To: William G. Berg, Jr. / DEC - y 1999 cc: Shari Stiles, Planning and Zoninv From: Wm. F. Gi,gray, III ~ cx/ Subject: Adult Entertainment Ordinance (File No. 3.5.4) Date: November 30, 1999 Will: Please find aLCached the original o[ the Adult lrnt.ertainment Ordinance, which Mayor Cot'rie has approved. Tlus ordinance is now ready to be placed upon an upcoming Planning and Zoning meeting for their approval. if you have any questions please advise. rnsy/L:~Work~IvllMcridian 1 ~360MV1dulc En~enalruttcnt\Dergl 12299.Mem ~ ~d X16 ~~ ~ ~'~gD(~~= t ~" I rG ~~~ r ,~ ~~ .~ ~: ; „; ~. ~ !~, ;,~ ~, ~, -, Y, ~~ ~~~ ~~ ~, / /z - ©~ RE~~:~ 1/10/00 JAN ~ ~ 20~~ Joseph and Shauna Callahan ~~ ~ ~ C~~ ()~ ~~~, r 355 Creekview Dr. - - - -- ~ Meridian, ID 83642 Mayor Bob Corrie, Meridian City Council, Meridian Planning and Zoning Commission Re: Adult Entertainment in Meridian. Dear Sirs, We are disturbed by the prospect of adult entertainment being permitted in the city of Meridian. We have chosen Meridian as a place to live and raise our children because of the strong moral character we have witnessed in the Civic Leaders and citizens of Meridian. We feel that opening an adult entertainment business in Meridian should at the very least require a conditional use permit to allow us as citizens to have our say. Ultimately, we would prefer that those types of businesses completely stay away from Meridian. We do not want our children exposed to the type of people and the environment that adult entertainment would bring to our community. Please keep Meridian a safe, wholesome place to raise a family. Don't allow adult entertainment to become a part of our community. S' erel~ ~~~~/~' ,,~ Joseph and Shauna Callahan 0 ~- ~2 - o~ 1~~~ ~~7 January 10, 2000 R,~°E~D JAN 1 1 2000 CITY OF MERIDIAN Mayor, City Counsel and Planning and Zoning Commission; It has come to my understanding that there is a proposal to make "adult entertainment" oriented businesses legal in some areas around Meridian. Moreover, I understand that the process that such businesses would use to open would not require any public input or discussion by those in the neighboring areas to the proposed establishments. I strongly oppose any such establishments to be permitted in our community. This city is a haven to families, where children play in our yards and our wives are able to walk with friends safely down the streets. I moved here for this reason and I think that to change this and to enable businesses who exploit women (or men) to open without public input would be comparable to injecting cancer into a healthy young body. Do not let this disease into our backyards! Please do not allow these places in neighborhood commercial zoned areas (or preferably any others). There are plenty of these kinds of places around the valley without degrading our own home. We don't need these businesses and we don't need those who support and/or vote for them either. If they come, maybe we will have to get rid of those who allowed them to do it. Keep them out and keep your jobs! Sincerely, I _.._. ~' R an Howell 661 W. Woodbury Dr. Meridian, ID 83642 MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 To: Mayor, City Council and Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer Steve Siddoway, Assistant Planner o~z coM.~~ ~-~Z -~o --- -- -~~~~..=u_- - --- (208) 884-5533 • Fax 888-6854 January 11, 2000 R,~CE~D JAN 1 1 2000 CITY OF MERIDIA'~ Re: An ordinance relating to the zoning schedule of use control for adult entertainment businesses. We have reviewed the proposed ordinance relating to the zoning schedule of use control for commercial adult entertainment businesses and have the following recommended modifications: COMMERCIAL R-4 R-8 R-15 R-40 L-O C-N C-C RSC C-G OT TE I M Adult Entertain. Business C C C P=Permitted Use C=Conditional Use P-A=Permitted as Accessory Use DR=Design Review (Blank)=Prohibited As drafted, the ordinance would allow adult entertainment businesses as permitted uses in General Commercial and Industrial zones. This designation would not require a public hearing for such business, and therefore no notification to the public would take place and the Planning and Zoning Commission and City Council would not have the opportunity to place more restrictive conditions or deny an application. We are strongly opposed to the permitted designation and feel that the city should have the opportunity to review these applications and place conditions of operation on them. Bars and alcoholic establishments, childcare centers, clubs and lodges, drive-in establishments, hospitals, .sales lots, and private schools are all examples of uses that are not permitted in any zoning district but are only allowed by conditional use in some zones and prohibited in others. Adult entertainment businesses should be required to follow the same precedent. We have researched the zoning ordinances of Boise City and Ada County related to adult entertainment businesses. Neither jurisdiction allows such businesses as a permitted use in any district. In addition, both jurisdictions prohibit such businesses in all residential, office, and lower intensity commercial districts. Therefore, we have recommended prohibiting adult entertainment businesses in our neighborhood commercial (C-N) and community commercial (C-C) zones. Adult Entertainment.doc Mark L. Browning 1916 N.W. 8~h Street Meridian, ID 83642 January 10, 2000 TO: Meridian Planning and Zoning Commission CC: Mayor, City Council SUBJET: Zoning for adult entertainment establishments .~. ~.LE~EI~'D JAN 1 1 2000 City of Meridian City Cierk Offica It is my understanding that Meridian P & Z is considering zoning rules that would apply to adult entertainment establishments in the city of Meridian. If I hear correctly, the proposal is to approve adult entertainment establishments for general use in all commercial and industrial zones, and for conditional use in neighborhood commercial zones. I would like to voice my strong objection to that proposal. I think that Meridian's zoning should follow the example set by the city of Boise, where these establishments are only approved for conditional use in certain commercial and industrial zones, and not approved at all in neighborhood commercial zones. I oppose these establishments being approved for general use in any part of the city. I believe the citizens should have a say in where conditional use is allowed. I will be watching closely to see how the city decides this issue. It is one that impacts the quality of life for families significantly, and should not be taken lightly. Sincerely, /~~ ~~7 "! January 12, ZODU Dear Mayor Corrie, City Council Members, and Pla~uiing and Zoning Conunission Members: R~cE~I~ JAN ~ ~ 2000 City of IV[eridian City Clerk ()ffic~ It is our opuiion that the proposed "Land Use Schedule Ordinance for Adult Entertainment". as currently drafted provides insulrcient protection to the landowners and citizens of Meridian which you represent. Meridian is indeed "A Good Place To Live", and we implore you to do all in your power to keep it such. Therefore, we propose that the following modifications (which would we understand, insiu•c public notification and public hearings) be made to the ordinance: COMMERCIAL R-4 R-8 R-IS R-d0 L-0 L:-N C-L ! RSC C-~ 0'I' TE I ~I Adult Entertain. Business I C C I C We additionally implore you to keep foremost in your minds; the insurmountable costs acenied by communities and families, which allow the poisons associated with so-called "Adult Entertainment" to easily infiltrate their boundaries. May our Meridian City be as conducive to family unity as possible. We love Meridian, as have several generations of our fanuly. We fervently hope that our city representatives share that love and will prove it though their actions toward safeguarding our conununity, and most importantly, our commwiity's children. Thank youu for your time ui reading this letter, and for your service to our community and its families Very Sincerely Yours, ., ,, ~;- _, . j 1 ~~ ~~ Andrew acid Diana Steadman Law Mary Jessica Law (14) Andrew Law, Jr. (12) Barrett John Law (1 U) Sephora Law (9) Allison Law (5) Cc: Mr. and Mrs. Everett Othello Parker Mr. and Mrs. Vernon Law Mrs. Evan Law Mrs. Geneva Law Zimmer Mr. aid Mrs. Dale J. Law J't ~.. Hi, My name is Andrew Law. I heard you were having a planning and zoning meeting about adult entertainment. I live by the Kit Kat Club and I think that the messages and the bar itself is a danger to me and the other young adults in the area . If you could do something about it I would be very thankful. Sincerely, Andrew Law R,EC~IVE~ JAN ~ 2 2000 City ~f Meridian City Clerk Offi~r~: