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HomeMy WebLinkAbout2005-08-30 cM'e;;dkrn~ .;\ ~i IDAHO,4/ . Q~Vrl:li' i!: ~ :" /l,t 1 m:,.....~ur~E V I\1Jj~ SI~C€ HOl MAYOR Tammy de WeeI'd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watel'tower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertowel' Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/ fax 884-1159 NOTICE OF PUBLIC AWARENESS MERIDIAN CITY COUNCIL and MERIDIAN PLANNING & ZONING COMMISSION NOTICE OF AWARENESS IS HEREBY GIVEN that members of the City Council of the City of Meridian, members of the Planning and Zoning Commission and members of the City Staff are invited and will be attending a presentation on "Higher Density Development Myth & Facts" by Maureen McAvey. The presentation will be held at the City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, August 30,2005 at 5:00 P.M. This is not a meeting or workshop nor is there an agenda. The public is welcomed to attend. DATED this 26th day of August, 2005. CITY HALL 33 EAST IDAHO A VENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY AITORNEY / HR- FAX 884-8723 FINANCE & UTILITY BfLUNG - FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119 Printed On recycled paper ~ P ./'" CITY OF __,' L/Vlerldicrn l-"\eClSC Vosi -tfr- H.D::lL~ N0l(~-lhOJ'\tq U ~c' . ( MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Chl'istine Donnell Charles M. Rountl'ee Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recl'eation n W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Wa tertowel' Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Watel' 2235 N.W. 8th Street 888-5242/ fax 884-1159 NOTICE OF PUBLIC AWARENESS MERIDIAN CITY COUNCil and MERIDIAN PLANNING & ZONING COMMISSION NOTICE OF AWARENESS IS HEREBY GIVEN that members of the City Council of the City of Meridian, members of the Planning and Zoning Commission and members of the City Staff are invited and will be attending a presentation on "Higher Density Development Myth & Facts" by Maureen McAvey. The presentation will be held at the City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, August 30, 2005 at 5:00 P.M. This is not a meeting or workshop nor is there an agenda. The public is welcomed to attend. DATED this 26th day of August, 2005. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY AITORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING _ FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119 Printed on recycled paper t'age 1 or 1 Will From: Steve Siddoway [siddowas@meridiancity.org] Sent: Monday, August 29,200510:58 AM To: 'Clair Bowman' Cc: 'Anna Canning'; 'Will Berg'; 'Peggy Gardner' Subject: FW: Density Myths& Facts, Maureen McAvey Clair, Won't this conflict with Tom Hudson's presentation to City CouncillMDC about the Parking Study? Or has Tom's presentation been moved? Steve From: Peggy Gardner [mailto:gardnerp@meridiancity.org] Sent: Thursday, August 25,20054:49 PM To: whuckabay@eccotink.com; Zaremba, Euphemia Renee; davidm@cmcompany.com; keithborup@cableone.net; mrohm@enertechselVices.com; Tammy de Weerd; Will Berg; allens@meridiancity.org; canninga@meridiancity.org; hawkinsb@meridiancity.org; hoedc@meridiancity.erg; kirkpatw@meridiancity.erg; siddowas@meridiancity .erg; vigilk@meridiancity.erg; crountre@itd.state.id.us; Christine Donnell; birdronaldkeith@msn.com; wardles@meridiancity.org Subject: Density Myths& Facts, Maureen McAvey Tuesday, August 30th at 5:00 pm Diane Kushlan with Blueprintfor Good Growth and ULI has made time for Maureen McAvey, Senior Resident Fellow, Urban Development, the Urban Land Institute, to talk with Council, Staff and the Planning Commission. Earlier in the day she will give a formal presentation to ULl members and some elected officials on "Higher Density Development Myth & Facts". Her presentation will include an overview of the widespread misconceptions about density, compare the advantages and draw-backs of higher- and low-density development and show examples of density that is done well, in context with the community. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Idaho Avenue Meridian, Il) 83642 Phone 888-4433 ~(cihneridiancity . or!?: 8/30/2005 ** TX CONF I RMAT{I~., REPORT ** AS OF AUG 26 15= 44 PAGE. 01 CITY OF MERIDIAN DATE Tl ME TO/FROM MODE M [N/SEC PGS CMDl=1 STATUS ----~:_--~~~=~-=~~~:_:~=~=~~---------------=~==:_--~~~:~~-~~=-----=~~----~~----------------- IltCl6C t"'U,S1 -m- jlLbLU!., l\H.tU':~ . H1..OJ\),Lt, U J ;.}~~ . ctG;;dl:1.. ~~ \ " ID<HO~ ~~llllti 'OJ MAYOR Tammy de Wecrd CITY COUNCJ L IvI FMBllRS Keith Bird Christine Donnell ChilrlE'S tv):. ROllntrE'e Sha.un W<:lrdle CITY lJEI'AR'rMENTS Fire 540 E. rrankHl1 Road 888-1234/ fax 895-0.'l9U Parks & Recreation 11 W, Bower Sll'eel 8R8-3579 / {<IX 898-5501 Plilnning 660 E. hiilt.;>rtower Lnne Suite 202 884-5533/ fax 888-6844 Polke ]0101 .1::. W,ltertowcr Lan~ 88!l-6678 I 846-7366 Publil" Works 660 E. Watertower Lane S.lite 200 898-5500 I fax 898-955] - lluilding 660 E. Water tower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 34-01 N. Ten Mile Road 888-2191 / fax 884-0744 - WiJt!;'r 2235 N. W. 8th Street 888-5242 / fax 884-1159 NOTICE OF PUBLIC AWARENESS MERfDtAN CITY COUNCIL and MERIDIAN PLANNING & ZONING COMMISSION NOTICE OF AWARENESS IS HEREBY GIVEN that members of the City Council of the City of Meridian, members of the Planning and Zoning Commission and members of the City Staff are invited and will be attending a presentation on "Higher Density Development Myth & Facts" by Maureen McAvey. The presentation will be held at the City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, August 30,2005 at 5:00 P.M. This is not a meeting or workshop nor is there an agenda. The public is welcomed to attend. DATED this 26th day of August, 2005. Cm' HALL 33 EAST IDAHO A VENUE MERIDIt..N, IDAHO 83642 (208) 888-4433 CITy CLlWK - FAX $$S-421S ClfY AiTOI{NEY / AR -FAX $S4-B7Z,~ fINANCE k unUTY 511LING _ FhX 837-4813 MAYOR'S OFFICU _ FAX $S1-811~ Pr_nte-d on tt!'(:'yclcd -Piloe.' DATE TIME TO/FROM MODE MIWSEC PGS CMDIl STATUS 09 08/26 15: 19 PUBLIC WORkS EC-S 00'27" 001 245 Ok 10 0E1/26 15: 2lJ 12084664405 EC--S 00'28" 001 245 Ok 12 00/26 15:21 8841159 EC--S 00'27" 001 245 Ok 14 00/26 15' 23 20088<10744 EC--S <10'28" 001 245 Ok 16 00/26 15:25 POLICE DEPT EC--S 130'26" 001 245 Ok 17 08/26 15: 26 89B55m EC--S 00'26" 001 245 OK 18 08/26 15'27 LIBRARY EC-S 00'32" 001 245 OK 19 00/26 15:28 92083776449 EC--S 00'26" 001 245 OK 20 08/26 1S:29 3886924 EC--S 00'27" 001 245 OK 21 08/26 15:30 P-AND-Z EC--S 0121'26" 001 245 Ok 22 08/2615:31 FIRE DEPT EC--S 00'26" 001 245 OK 23 08/26 15:32 12830121040 63--S 00'30" 001 245 OK 24 08/26 15' 33 200 387 6393 EC--S 00'27" 001 245 OK 25 08/26 15:34 ADA CTY DEUELMT EC--S 00'27" 001 245 Ok 26 08/26 15: 35 2088885052 EC--S 00'26" 001 245 OK 27 08/26 15' 36 CHERRY LANE 63-5 00'42" 001 245 OK 2B 08/26 15'37 IDAHO ATHLETIC C EC--S 00'26" 0131 245 Ok 29 00/26 15:38 ID PRESS TRIBUNE EC--S 013'26" 001 245 OK 3121 e8/26 15:39 2088886701 EC--S 0121'27" e01 245 OK ....-----------------......---------....-------------------....--------....------------------.......--------.....--- Df1e;;dicrn _v"\ ~; IDAHO ,~ N,,,"-,. ..,~l......:."u/l..>v....~ mr M...von Tamm.y d. Wecrd CITYCOUNCltMFM8l!1lS K.ith Bird Christine Donnell Chork~ M. Rountree Shaun Wardle CITY DJ;PAR1MENT1; Fire 540 E. franklin Road 88S-12.'l4 / f.~ S95-0.~90 P~'lrks &: Recrc.3tiol\ II W. BowerStreeL RR8-J579 I fa~ 898-5501 l'b,ming 660 E. Watert","'.r Laoa Suile l02 884-553S / iax 888-6844 Police 1~0] li. Wolf.dowar Lan. t>ll~.6678 I 846.7366 Publ j~ Wurks 660.E. WMcrtower Lana Suite 200 898-5500 / f.. 898-955] - Buildin!; 660 E. W.lcrtower 1.>n. Sult~ 150 887-2211/1..887-1297 . Wi:\steW;1ter 3401 N. Tell Mile Road 888-2191 / fox 884-0744 . W;at~t 2235 N, W ~ln Str..t 888-5242 I fax 8ll4-l159 ncaGC t'U::)1 -rr.:r- IU...\::::LL<!.. NOtX.CJ-. - Ih.OJ\\.q 11 I NOTICE OF PUBLIC AWARENESS MERIDIAN CITY COUNCIL and MERIDIAN PLANNING & ZONING COMMISSION NOTICE OF AWARENESS IS HEREBY GIVEN that members of the Cit~ Council of the City of Meridian, members of the Planning and Zoning Commission and members of the City Staff are invited and will be attending a presentation on "Higher Density Development Myth & Facls" by Maureen McAvey. The presentation will be held at the City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, August 30,2005 at 5:00 P.M. This is not a meeting or workshop nor is there an agenda, The public is welcomed to attend. DATED this 26th day of August, 2005. em HALL 33 EAH IDAHO A VENUE MERIDiAN, lDAHO 83642 (20B) 888-4433 CITY CL""" .. FAX !5"""~ CITY ...nO~NEY { HR -I''''X 5!~-872.' fL'lANCE" unuTY BILLING.. <'AX 8S7-!S13 MAYOR'S OFFICE _ fAX 55-1.~1" I~rinte.;l. a.n. ltc'yd<<l p.1Ftt Meridian City Council Special Meetina/Joint Workshop Auaust 30. 2005 The Meridian City Council Special Meeting/Joint Workshop with the Planning and Zoning Commission was called to order at 6:30 P.M. on Tuesday, August 30, 2005 by Mayor Tammy de Weerd. Members Present Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Staff Present Brad Watson, Len Grady, John Shawcroft, Bruce Freckleton, Craig Hood, Anna Canning, Clint Dolsby, Steve Siddoway and Will Berg. Commissioners Present: David Zaremba, Wendy Newton-Huckabay, Keith Borup. Item 1. Roll-call Attendance: Rolf call. ~ Shaun Wardle ~Christine Donnell X Charlie Rountree X Keith Bird - ---1L- Mayor Tammy de Weerd Berg: And then we have two members of the Planning and Zoning Commission: Dave Zaremba, Wendy Newton-Huckabay and I don't believe anybody else is here. De Weerd: Commissioner Borup had to leave. He may join us later then. Rountree: No, he is gone. Item 2. Adoption of the Agenda: Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move we approve the agenda as published. Rountree: Second. De Weerd: All those in favor, say aye. ALL AYES. MOTION CARRIED. Item 3. Introductions: (~ Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 2 of 34 De Weerd: I don't know what Item 3 is. Introductions. Hi I am Tammy. Donnell: We already did that. Bird: We got that ahead of the agenda. Item 4. Presentation by the Public Works Department of the Wastewater Treatment and Collection System: De Weerd: At this time I would like to turn the meeting over to our Public Works Director, Brad Watson. Watson: Thank you Madame Mayor, Council members and Commissioners. It's good to actually have a little bit of the floor for a while on this. We are usually talking about land use issues or whatever else it is that we talk about such as ordinances and that sort of thing and we usually only bring something up on the wastewater side if there is a problem. Well, there are some issues to discuss tonight, but we are also going to just give you a general update on the status of not only the Waste Water Treatment Plant, but the collection system as a whole and our planning efforts. Specifically the goals that I would hope that we could strive toward tonight are to provide a brief department overview, particularly to those of you who aren't real familiar with the operations that go on out there. We don't normally get an opportunity to Of I don't anyway get an opportunity to speak to the Commission on all the activities that are going on. We also will provide you status update on some of the current projects that have been funded and are either in design or under construction. Thirdly, I would Ilke to let you know about some of the development pressures and issues that we are seeing. People that are walking into the door asking us when we are going to be there, this is I think probably almost a daily routine for staff anymore. Finally, we are going to ask that we spend a little bit of time on some areas where I think the Public Works Department needs some direction. I listed the Black Cat Trunk area and this all encompassed scene, euphemistic, south area and we will get to that. Before I go any further I should introduce Public Works staff that is here tonight. We have Len Grady, our City Engineer; John Shawcroft, our Waste Water Superintendent; we have Clint Dolsby and John Mills, who are our staff engineers and Bruce Freckleton sitting in the back row for some reason who is our Development Services Manager. Collectively, this group deals with wastewater; sewef issues daily if not hourly - questions that come up from developers, engineers, builders, etc. De Weerd: Brad, I guess I would Ilke to thank your staff. I know with the growth pressures and everything that is going on in the city sometimes it seems a little bit overwhelming and you guys do a stellar job. We really appreciate it. We take great pride in our staff in the job that you do and we are very confident in that. And it's nice to be able to say that. So, thank you. Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 3 of 34 Watson: Thank you, Mayor. That kind of jogged my memory at the earlier presentation when you were looking at Stacy's budget presentations and some of the comments that Keith and Charlie were - I am sorry, Councilmember Bird and Councilmember Rountree were making about several years ago and the size of the budgets - it is a little staggering to look at what we are doing. I couldn't explain it in half an hour if I needed to, but each of these people is responsible for millions of dollars in one way or another and they do a good job. De Weerd: They do save us money too and we also appreciate that, too. Watson: So, back to slides to kind of let you know what the organization of the Public Works Department is - normally people call the building on Watertower the Public Works Department, which is true it is part of the Public Works, but we also encompass what we call operations, which includes both the Water Division and the Waste Water Division located on Ten Mile Road. A brief overview of the Waste Water Division - there are 28 employees, they are operating 24/ 7. Max monthly flow and this is from 2004 is 4.9 million gallons per day, (inaudible) capacity is rated at 5.5 through almost all of the components out there. There are a few, but we can get by those. Peak hourly flow that we have experienced lately is 9 million gallons per day with a peak hour capacity of 16 mgd. One thing to point out is that max monthly flow is always in August and September and we haven't seen this year's max month flow. There is another slide that I will get into that a little more deeply. Collection system - it's hidden, people see it, hopefully they never smell it, but it's down there and we think there is about 325 miles of it. That's what we got through our GIS system, anyway, yesterday. Fifteen lift stations pumping anywhere from 80 to 900 gallons per minute. John's crew is actively supervising cleaning of the system each year. All those lines are (inaudible) inspected every eight years on a rotating basis. The astounding part of this is that through both city projects and developer driven projects we are adding anywhere from 30 to 50 miles per year. (Inaudible discussion from audience) De Weerd: Ma'am, I am sorry this isn't a public hearing, but if you could clarify that. Watson: Sure, Madame Mayor. The only activities that the city does is on the city owned collection system. There are components of that system that run through annexed property to property that is annexed to the city, so it's all within the city's area of impact. Bird: Madame Mayor. Brad before we go - that last one and you don't have to go back to it - showed - is 36 inch our largest pipe that we use in the sewer system? Watson: Madame Mayor, Councilmember Bird it is right now. Am I wrong? Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 4 of 34 (Inaudible speaker and discussion) Watson: Excuse me; we put in a 42-inch - Bird: Down Black Cat? Watson: No, that's 36 inch, but the main trunk that comes into the south of the plant was just recently replaced from 27 to 42 inch. It's not a real major section, but it's there. Bird: Thank you very much, Brad. Watson: Okay. A little background on the Waste Water Treatment facility. It was brought on line in approximately 1979 for $3 million as a 2.8 million gallon per day plant. Periodic expansions occurred from 1996 to 2004 increasing both the level of treatment provided and the capacity to it's present 5.5. The cost of those capital projects was nearly $14 million. Based on construction cost index, the current replacement value of that facility is $26 million. Fourth bullet point probably doesn't mean anything to most people. It's an activated sludge process with (inaudible) filters, UV infection, we don't chlorinate anymore - with discharges to Five Mile Creek and occasional discharges to Boise River if conditions in Five Mile Creek warrant that. This is the slide that I referred to earlier, where we are talking about capacity at the treatment facility. You'll see that we brought some additional facilities on line in 2000 that provided us a pretty decent buffer for expansion. The growth over the last three years is quickly eating that capacity up. The thing to note on the 2005 bar is that is our July peak flow of, I think, 4.7 or 4.8 million gallons. We are projecting that it will probably be more in the neighborhood of 5.2 to 5.3 million gallons per day average during August and September, which essentially is giving us $200,000 excess capacity, which in this business isn't a great comfort level. Thus the need for this monster. This is the schematic of Phase 1 expansion out at the plant. There was some money budgeted this previous year and we ask for another enhancement this year to take in the whole project. It's, I think, $18 to $20 million. It will be constructed in two phases. Those phases will be somewhat simultaneous. The first one bids in about three weeks and it will involve all the liquid stream in the plant. The second phase will bid probably next May and will involve all the solids handling. Donnell: Madame Mayor. De Weerd: Yes, Ms. Donnell. Donnell: Brad, can you go back to that slide? I mean my eyes just aren't what they used to be. Can you tell me what the legend is in terms of the colors? So, Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 5 of 34 the purple is new Waste Water Treatment? Green is existing. What is - okay, I am trying to adjust here. Watson: I am sorry, I don't have a full size copy in front of me. Donnell: Neither do J. I mean, this one is even smaller. Watson: Yeah. Trying to conserve paper. I am sorry. The blue are facilities to be added as part of this project that will be bid in the next three weeks. This is kind of the Ilquid stream - primary clarifier, two more (inaudible) basins and another secondary clarifier along with some pumping facilities in here. The green is existing improvements that we have made over the years. This - r am not a color person - mustard yellow, maybe, I don't know. Those are existing solids handling facilities. The burnt orange is future - not future, well it is future, but part of this project and it will be solids handling. Donnell: Follow up Madame Mayor. De Weerd: That is all in one spot? Watson: Yes. Donnell: Is this the Ten Mile location? Watson: Councilmember Donnell, yes this is on the Ten Mile location. The green is really part of the original plant, well, it includes some of the expansions, but this is on the 40-acre site. Donnell: Okay, gotcha. Watson: I do have another slide that comes along a little later that shows the facility in relation to what the city owns and that may help. This slide just reiterates or lists out what we will be including in this next bid. Okay. The Phase 1 (b) that we will bid next May - about a $7 million construction project, includes anaerobic digestion, bio-solids dryer and 18 month construction. We are aggressively trying to get this project done and pushing our consulting engineer very hard. But, at the current growth rate we are actually having to step back and say okay this is all well and good, but we have got to look at what's going to happen after that. At the current growth rate, this almost $20 million expansion will be tapped out in 2009 at the rates that have been experienced over the last 18 months. So, we need to begin planning soon. We haven't even completed construction and we have to plan the next plan, it is just a weird environment right now. We met this morning - with some of the staff and what we would like to do is issue an RFP for facility planning in October. As I noted in parenthesis there, I didn't think we needed this soon, but we just kind of have to come to the realization that we need to plan for the next plant in Fiscal Year '06. I don't have Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 6 of 34 a figure for you right now, but we are going to go into development of the RFP over the next four weeks and get that published and come back to you for a budget amendment -- when and if we successfully negotiate a contract with a consultant. Okay. Just a little update on the noise and odor study that Corollo Engineers completed in 2004. As you may recall it identified anywhere from 2.8 to 5.3 million dollars in potential odor control costs. The Phase 1 project that is being bid out and the solids portion that is being designed does incorporate the infrastructure to be able to add those facilities. In other words, they have - it'll include conduit and electrical service or the capability for electrical service space. We do have one structure out there that is not - well these guys can correct me if I am wrong - it's not part of the Phase 1 expansion, but it's where all these lift stations are going to discharge and we are - we will be installing odor control on that. And they recently completed a stand-by power building out there that has very extensive noise control on it. There are two generators? Two right now for space for two more that will carry the whole plant and there are significant noise control on those two. This is the photo, Councilmember Donnell that I was alluding to that more clearly shows the site. We almost - well, really all of the construction contemplated in this $20 million project is contained in this footprint here; and as you can see there is area out here that we can expand into. As we have thought for many years about what would happen it was kind of a pipe dream at the time, but what would happen beyond 9 million gallons per day, we envisioned almost a wrap around plant back here because this footprint will just be maxed out with this upcoming project. We are going to have to utilize some of this. You recall on our enhancements we asked for another $1.2 million for land purchase, we didn't really have any particular land in mind, but it seemed appropriate with all the discussion of development in this WWTP mixed-use comprehensive plan designation that maybe we needed to increase our buffer somewhere in here. Of course, this has already received Council approval for Preliminary Plat, but other than that just looking in this area. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: Brad, what have we got, 47 acres there now that we sit on? Watson: Councilmember Bird, I think that's right, it's between 45, 47. Bird: And you are trying to pick up another 20 or so? Is that what it is Brad? Watson: Well, it's under- Bird: Or whatever you can get - Watson: Well, the prices I am hearing for land lately, I am not sure that is going to buy much. Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 7 of 34 Bird: Maybe an acre, huh? Watson: I think, generally, that's what we had in mind at the time we wrote the budget enhancement was around 20 acres. We will switch from the Waste Water Treatment and turn to our collection's system. It's kind of an overview of where we have been in the last four or five years. The city has added eight miles of trunk line. Those include projects like the White Trunk, the North Slue, the South Slue, Five Mile Relief Line - some of those bigger projects. There is an additional four miles under design and construction is funded. Those include a portion of the Black Cat. This Ten Mile diversion line, which is really - it's part of the Black Cat project, but we named it something different and then also the North Black Cat project, which is in 2006 budget. I had to show you a picture of this. I thought this was pretty cool. This is Black Cat Road during construction as you can see - well, hopefully, you can see that. It was torn up quite well. It had a bad base under it and we actually went into a joint agreement with ACHD to replace some of that. But, it was really torn apart. De Weerd: How deep is that? Watson: I think at its deepest point it was 30 feet deep - 36-inch sewer and 30 feet deep. Maybe a little more than that? If you know that area, groundwater is bad. The contractor really did a good job on that, which was Bodifer Construction, by the way. But, this is how it turned out, which I think is really nice. Bird: That looks nice. Watson: That's a joint effort between our staff, ACHD, the contractor and really the neighbors out there. It's - maybe I am not getting complaints anymore - maybe Len's getting them all, I don't know. It seemed like a pretty smooth project. I know we had a few hiccoughs for access to driveways, but I think it went pretty well. This is a picture of the lift station that is being constructed. That is where that big sewer down Black Cat is going to end up. This is a picture from, I think, probably a month or month and one half ago, where they are pouring the second deck of this - what is essentially a three-story structure. Well, only one story is above ground, most of it is underground. This picture doesn't do justice for the size of this crater out here and the amount of concrete that has went into it. But, this is on schedule and it should be completed around January 2006. The current Black Cat project that is funded is - well, let me explain this a little bit. It terminates on Ten Mile Road in two places. There are a few extra lines showing in here, going across country that aren't included in the current project. The plan is to terminate here at Ten Mile Road on the main Black Cat. This is what we call the Ten Mile diversion line that comes through the Castlebrook Subdivisions; what is called the Chesterfield Subdivision and through some other properties to Ten Mile Road. Currently, it is only constructed Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 8 of 34 in the right-of-way of Franklin to this point. We have attempted to negotiate easements with this property owner for quite some time. We have gotten word recently that maybe a portion of that has changed hands and indications are that easement negotiation will be a little quicker - to put it that way, I guess. Then we thought we had an easement this property owner, without this easement we haven't gone to full design, so once we get to full design with this section then I think we will get a little closer to getting it out here. This portion of the project is kind of hit and miss in my mind. It deals with a developer, a project that was denied by Council, a church project that was approved by Council and then an ACHD project that is coming for road widening in late 2006, so this one is a little bit convoluted, but we will get there. All right. Here is where I get to tell you why everyone is coming in, calling, sending emails and wanting meetings. These are the development pressure areas. First one is no surprise to you - you have funded the North Black Cat project. Let me orient you first. This map is very busy. This is Highway 20-26; Chinden through here; McMillan and then Ustick is just down here with the Waste Water Plant down here. At the lower part of the screen, Ten Mile Road, Black Cat Road and McDermott over here. This line will serve, essentially these two sections to the east, it may serve a little bit of frontage along the west side of Black Cat, but really not too much because the land slopes off to the northwest. What is shown up here is some of those properties that are requesting inclusion in the City of Meridian area of impact. There is a project that has been annexed in this general vicinity called Bainbridge. There will be another project coming to you shortly or at least in the next couple of months that - well, I have the figures here somewhere - well, maybe I don't. It was around another 310 acres representing between 500 and 600 residential units. I believe timing may be an issue for those developers. We do have a schedule for this project in terms of design and completion. A lot of it is contingent upon easement acquisition and site selection for the lift station. Everything here will have to be pumped back to the plant because again it is down stream from the plant. Bird: Brad, excuse me, Madame Mayor. De Weerd: UH-hmn. Bird: That lift station there is that going to be large like this one that you are putting in down on the Black Cat Road? Or, now that we put that large one in we will have to have that large one up there? Watson: Madame Mayor, Councilmember Bird, it won't be that large. It will be that deep. We haven't gotten to the point of selecting the pumping system; it'll be in terms of gallons per minute, we'd (inaudible) 10 to 15 percent of the main Black Cat. Okay, about 25 percent of the capacity of this main Black Cat that is under construction. So, it will be a good sized one. Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 9 of 34 Bird: Brad, a follow up on that. Now, we are just developing actually from Chinden south right now, but we are going to set the sewer deep enough that if the stuff north of that comes in it will be able to hook into there to flow naturally down to the lift station? Watson : Yes. Bird: Okay, thank you. De Weerd: Brad, I guess, -- oh you are getting it. Forget it. Watson: Okay. The next area just adjacent to what I spoke about is what we call the McDermott trunk area. Our master plan for yours has showed another lift station at the intersection of Five Mile Creek and McDermott Road and also pumping back to the plant. Because this project is under the initial stages of development, we haven't focused many of our efforts on this area. Development terminates right now with Birchstone, or at Black Cat and Ustick Road and that is as far west as the sewer can get back this way. We are getting really a lot of inquiries about development in this area. I guess I don't need to go into all the rumors because they are just rumors, but big chunks have been bought up by different outfits and I have had - just as an example - with one developer, I have had four meetings and they are requesting a fifth meeting to hear me say the same thing about no we are not ready, I don't believe the Mayor and Council are ready for this area; until I hear differently from them I am just not entertaining development proposals. So, I guess that is partly why I am here to give you the opportunity to tell me different on that area. We do have offers from these developers saying we will build; we will build the trunk line along McDermott; we will build the pressure sewer, whatever you need. The city won't be put out any capital cost on this. De Weerd: Well, right now, Brad you are studying the four square miles to the west of that and I am assuming that that would pump into the McDermott? Watson: Madame Mayor I am sorry I didn't mention that. Yes as part of the contract that you approved with J-U-B earlier this spring, they are studying those four square miles directly adjacent to this. Part of that study is what we are going to do with this lift station; if it is actually built there or if we look at something that is a little more regional down here or is there some staging where we kind of leap frog and that is part of their ongoing study. In fact, I talked with J-U-B this afternoon. I think Clint was in the room as well and they are right now modeling that section. That is what they are working on right now. So, I don't have any results on what they want to do or recommend. De Weerd: And that is also study area for a major roadway that we also want to take into consideration as well. Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 10 of 34 Watson: Correct Madame Mayor and J-U-B is aware of that. De Weerd: Council, I think the last word staff had is until the expansion is completely on line that trunk is not a consideration and you don't hear anyone changing that. Watson: Okay, this is the heart of the presentation where we actually tell you our little problem. We got an area of the city where we are really down to the wire in terms of sewer capacity. This is what is called the Ten Mile trunk. It serves the area roughly between Meridian Road and Eagle and beyond south of Victory Road. We have only 500 units of capacity left with those projects that have been approved by Council, but there are another 870 units that are either getting ready to submit or have had pre-application meetings with staff. We do have one staff member that religiously tracks this and seems to take great pleasure saying the daily updates of the number of the ERU's are in the red, so, this is pretty up to the date. His name is Mike Cole, just for the record. Bird: Brad, one question. To relieve that Ten Mile trunk, the only way we are going to be able to relieve it on the south of the Freeway is to get to the Black Cat underneath and over, right? Watson: Madame Mayor, Councilmember Bird, that is - yeah. These next two slides kind of show you what we are trying to do here. This is just a graphical image from our sewer model. I apologize; it is a little bit grainy and faded out. To orient you, here is Victory Road. These are the subdivisions that have been approved and mostly built - there are some more in this vicinity that have been approved. What you see traveling through here along Ten Mile Creek is, amazingly enough, Ten Mile trunk and it is the one that is experiencing some capacity issues. The main capacity issues are up here at Franklin and Linder. So, the ultimate plan that has been in our master plan for years and years, is that at some point this Black Cat would come under the freeway over to Meridian Road and that we would divert flow from the south over westward and that is why that Black Cat trunk in size is so big. If you want to go to the next slide, I will show you what we are looking at here. As it says, we are pursuing immediate short term and long-term solutions. The short term or the immediate solution that would enable us to add another 1,300 ERU's in that area involves upgrading of a lift station and a little bit of sewer line reconstruction. Len and Clint will have that design contract front of you next week to get J-U-B going on that. One of the other things that we will be pursuing with development is, sorry I used utilization and not use - we are going to utilize off peak pumping for new developments if they are of any significant size. We obviously can't do that and make it cost effective for a 20-lot subdivision. Hopefully we can a little bit of regionalization going. The idea of this is that subdivisions retain their sewage onsite in a large holding tank and they pump in the middle of the night or whenever the flows are low. This is something that I never would have dreamed that we would consider two or three years ago. We are kind of at that point where we are going to have Meridian City Council Joint Workshop & SpecIal Meeting August 30, 2005 Page 11 of34 to squeeze some efficiencies out of the existing system until the ultimate solution is in the ground. Donnell: Madame Mayor. De Weerd: Ms. Donnell. Donnell: So, Brad, say that again. That in using the existing infrastructure that is in place, you have - what do you do? You hold - Watson: Yeah. Donnell: And then you move it off peak times? Watson: Right. Donnell: Where do you hold it? Watson: They hold it in a large concrete, usually it's a concrete vault-type thing that is underground. It's not a really popular way to do it because of potential odor problems, there is pumping costs, there is maintenance issues. The way we do want to pursue it though is the developers will be responsible for having their own O&M contract on that facility, the pumping station, the holding tank and there are companies out there that do that. Donnell: So, it's the developer that pays for that holding tank? Watson: Yes. Donnell: And maintains it? Watson: Yes. De Weerd: And takes the phone calls of the odor? Watson: That is the goal, yes. Bird: Who is responsible for the lift station? Watson: It's part of the holding tank. Bird: It is part of the holding - and they are going to be responsible for maintenance? Watson: Yeah, and actually the way- Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 12 of 34 Bird: You are asking for a can of worms. Watson: Well, we have lift stations that are run that way, now. Bird: No, I know. I realize that but - Donnell: Okie dokie. Sure glad I asked that question. Moving right along. Watson: The concept, just to back up a little bit and make it a little more clear is similar to the Interstate in the morning. Instead of adding more cars at peak time, we are holding them all in Caldwell until two in the morning and then sending them through. Donnell: Oh, if we could only do that. De Weerd: Can you figure out that collection system for cars? That would be nice. Watson: Well, I will just close with that idea by saying, you know, that's what we are investigating right now, if much more development is going to occur in that area in the near future. De Weerd: Now, Brad are those ERU's committed through the preliminary plats or are those final plats? Watson: Madame Mayor, the way we treat it is technically it's you're your annexation. That's when we feel like that is committed to the developer. But, we base that number on the preliminary plat that you almost always approve at the same time. Once that is done then those are committed, we feel. One of the other options that we have only just briefly looked at is more of a sub-regional lift station located in the vicinity of Overland and Linder Road that would pump over into the Black Cat on the north side of the Interstate. This would involve construction of some of that Black Cat trunk east of Linder Road and, in fact, it would go through Bear Creek Park and we would be tearing that up. It would be a sizable project, but that is one of the things that at least have been thrown out there. Obviously, the ultimate solution is the extension of the Black Cat trunk from where we are terminating it with our current project to Meridian Road where it needs to join up. Bird: Brad, do you have an estimate on what the extend from the freeway at the Ten Mile Interchange onto the end of the Black Cat - what kind of a dollar figure we - at one time J-U-B had given us some kind of dollar figure and estimate? And I can't remember what it was and of course it wouldn't be current. Watson: You are talking about this gap from where we are terminating all the way over to the Meridian Road? Essentially, is that what -? ( Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 13 of 34 Bird: No I am talking from where we come under the underpass on south Black Cat. Watson: Okay. The rough figure that we had been using for sewer construction was about a $1 million per mile. That is proving inadequate anymore with the prices we are seeing. Bird: I was going to say more like $2.9. Watson: Yeah, and I should back up. That one on Black Cat road was much higher because of the road reconstruction as well. Where this one is really going cross-country through here, although we would have to go through and tear out the park and replace that, a lot of this is not in public right-of-way. Although, the State Highway and that might be a little tricky coming up through there. I would guess that $4 million? (Inaudible discussion) Watson: $4 million or that range. Bird: And that wouldn't include coring under the freeway and getting it across with it? Watson: No. Bird: Okay. Thank you, Brad. Watson: We will move on a little bit, but I think I do want to come back to that Black Cat area and maybe look at - or discuss some timelines with you on at least what you think we should be doing in terms of getting that under the Interstate. Anyway, we will come back to that in a little bit. The final thing that I have in our presentation is a discussion of what we just call the south area. To give you a little history on this, staff met with surrounding cities, municipalities in November, December of 2004. We met with Boise City individually and then we did, in December, have a joint meeting with Nampa's Public Works Director, Kuna's Consulting Engineer and us, I guess. Three parties there - Kuna, Nampa and Meridian to discuss just where the ultimate boundaries. The meeting with Boise City went pretty well - a very good arrangement with them, we just really look at sewer-ability. Paul Raymond from Nampa City, he just said we are not going across the County line, so that was easy. When we were meeting with Kuna, there was an area, a large triangle in this vicinity that didn't seem anyone was really planning for at the time, so we just kind of drew on a map with markers and everything and it all kind of went away. So, our staff got to looking at it and thinking, well, you know somebody needs to do something and so we started just kind of planning on what we were going to do and how we were going to study Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 14 of 34 that and we ended up negotiating a contract with J-U-B Engineers to study, not only the no-mans-Iand as it was called at the time, but also the four square miles up in the northwest. Evidently, Kuna came away from that meeting with really the same inclination to plan for that no-mans-Iand. This will help, just kind of look at the area in general. The shading on the lines doesn't come out, but this is the City of Meridian area of impact boundary. These are those notorious referral areas up in here. I think - I believe this is Kuna's current area of impact boundary and we just pulled this off the GIS layer that we have as something called Kuna's referral area. I am not sure that that is real or not. There seems to be some dispute or some - it is? The Planning Director agrees that it is real. I did tried to find you late this afternoon to ask you about that, but she was in a meeting probably with a developer. Anyway, so we patched J-U-B with studying all this area and we scored it off at Columbia Road because we have already planned sewer in this through our master plan, so we all we did was just to make it simple was to just square it off. We did understand that Kuna's plan at that time went a half-mile, I believe, at north of Columbia. So, there is a little bit of overlap, but in terms of big sewer plans, it didn't seem like that big of deal at the time. We have, over the summer, met with City of Kuna and we met with Kuna's Consulting Engineer, who is acting as their City Engineer. We had some decent discussions on how we are going to jointly plan this - maybe construct it, maybe operate it and all kinds of ideas floating around - can you go to the next slide line? So, what we did is just put together six alternatives that we could look at out in that area. They ranged from Kuna built plant with Meridian as a customer and vice-a-versa; a creation of a third entity that oversaw the whole area in like a regional sewer board and everything in between. As we were thinking about this, one of the things that made the most sense to engineering staff was if there is development to be done out there and we really want, at least from the City of Meridian's perspective and if we really want to plan this properly, we need to step back a little bit and take some time. Not so much in the collection system, but in the ultimate treatment of sewage or wastewater in that area. To allow that planning period and what we think would be the negotiations with EPA on a discharge permit - if we do determine that development is imminent out there then this interim pump station on Mason Creek and pumping back to Meridian's Slack Cat system seemed to be the most expeditious solution to get things going. If you could flip back to that map real quick. Mason Creek is this water body that flows through here. So, we were just thinking this is the low point of the sewer drainage. If we could just pump over the hill, under the Interstate. It's really not that faraway to the Black Cat trunk that is just being constructed and it will be operational in January. So, what we are going to do is we are going to have J-U- B finish off their study as they were originally tasked, squaring it off at Columbia Road and we will continue seeing what we need to do out there. We did meet with DEQ staff just in initial scoping meeting yesterday morning to talk about alternatives and what they thought timelines were for discharge permits and or land application permits and just kind of help us walk through that process. It was a very good meeting. It really was. Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 15 of34 Rountree: Madame Mayor. De Weerd: Yes, Councilman Rountree. Rountree: Can you give us some of the details, some of the hope or lack of hope they might have expressed to you? Watson: Oh, the DEQ? Rountree: Yeah, the OEQ. Watson: Yes, Councilman Rountree. EPA is an odd organization because sometimes they can act very quickly, but their belief was that probably three, up to five years to get that discharged permit. There are some anomalies, we've learned, where they actually have secured those in 18 months, but I think that wasn't for municipality, that was for something else that maybe had some backers elsewhere. The Regional Engineering Manager at OEQ was not optimistic that it would really be too much less than five years to secure that. Just as an example, we have had our renewal into EPA - Speaker unknown: In June 2004. Watson: Yeah, 15 months and we haven't heard anything from them. No word, no comments, nothing. De Weerd: And did you say that was the good news? Watson: I didn't say it was good news. I said it was a good meeting. We just talked about a lot of different things and they were very appreciative of us coming in and just kind of talking about grand planning and they were very forthcoming. It was a good constructive meeting. It wasn't good news, necessarily. The- (Tape turned over) Watson: -- seemed to be interested in this lift station option as far as an interim regional solution. De Weerd: Brad, with the lift station as an interim solution to some of the issues out there, what would be a timeframe? Watson: We have talked about that and I forgot to mention that about two weeks ago as promised we got staff together with J-U-B (inaudible---) and didn't come out until we had at least a few solutions to something. That is where some of that Ten Mile trunk stuff came from. We talked about schedule on this interim idea, kicked it around and you know if you threw everything out and had some decent negotiations with some of the other agencies - Nampa, Meridian, ITO Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 16 of34 getting under the Interstate, 18 months is achievable. We have had some meetings with or a meeting maybe with a property owner in that area. Maybe site selection wouldn't be as hard as we think it might be, but we haven't really talked about specific spots too much. De Weerd: Now, would this also be a solution then to the south Ten Mile trunk? Watson: Madame Mayor, no. No, it would be separate. It would not solve that at all. De Weerd: You would have to bore under 1-84 in two places, then? Watson: Yes. Well, based on the master plan it looks like yes. Maybe we haven't gone far enough down that analysis, but maybe we could. It depends on where that main Black Cat trunk comes under the Interstate. If we shuffle it one way or the other then maybe they could co-exist in one spot, but we haven't gotten that far. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: Brad, I am sure it is quite expensive to bore under that deal. What would we have to - this one you are putting in from the lift stations a temporary line that goes away once Black Cat is finalized? Why couldn't we run Black Cat out at the same time the lift station is going in, out this end and pumped back to it? Because it looks like from where the lift station was originally shown on J-U-B and I presume it is about in the same area - Amity and Ten Mile or somewhere in that area. We are going to run that with it's own line back and under the freeway and into the Black Cat at that point? Watson: Councilman Bird, let me make sure I - the south area interim solution is over here to the west and it would have to pump over into the main Black Cat. Were you talking about this over here? Bird: Brad, what I was talking about was if we ran the Black Cat out so far that to me if you are just putting in a temporary that pump station, unless you have changed and that is going to be a permanent line in there, that pump station from the original J-U-B study showed pumping back and coming into the Black Cat, I think it was a little bit south of Victory Road or there somewhere the Black Cat come across - that area pumped back into there. Watson: Councilman Bird our ultimate plan doesn't have any lift stations anywhere south of the Interstate. It is all served by gravity. These dots and maybe I should have specified that, these are simply diversion structures that have gates in them. Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 17 of 34 Bird: I thought that south - I swore that that J-U-B that we got in 1998 or 1999 showed a lift station in the southwest corner of our impact area that had to be lifted back and it was not a natural flow. Watson: There was an area, a small corner of our area of impact now and I am trying to find it here. I think it was maybe just this corner where it couldn't be served by gravity and if it were ever to be served it would have to be pumped over. But, it was just a very, very small portion of the area of impact. Everything that was in our sewer master plan south of the Interstate, flowed by gravity into the Ten Mile, Black Cat or the Five Mile trunk. But, this would have to be pumped over the hill because there was, as you well know, that big ridge that goes through here. That's really the end of the presentation on what we are doing, what we are facing, where we are. The kind of two big things hanging out there are that Black Cat trunk - how soon do you want to get it pushed and if you have any direction on this south area. As I said, we are just going to get J-U-B to finish off this study. If there is some direction to accelerate, looking into that interim lift station we'll certainly proceed that way. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: Brad is there any kind of an estimate on lift stations you or Len have like per square foot or gallons pumped or however you measure? Watson: Councilmember Bird we did discuss that at that same meeting. Sorry, I should be a little more prepared. Bird: Oh, you are fine, Brad. Watson: I am thinking that we are looking into the $2 to $3 million range between pressure, sewer and the lift station. Bird: Then we would have the mile or the cost per mile of getting it back to the Black Cat sewer? Watson: No, that was included in the pressure sewer. Bird: That would include that? Watson: Yeah, because that doesn't need to be the big trunk. It's a pressure line. Although we did talk about- Bird: What size of line would you use on something like that, Brad? You wouldn't use a 36-inch line? Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 18 of 34 Watson: No. It would probably be like a pair 12. Something that's a little bit bigger, you usually want a little redundancy in case something happens and while you are in the road you just put in two to handle your ultimate flow. Bird: And then you say that we already have J-U-B doing some studying out there? Watson: Yeah, they do. The study that was approved in April, it's not only looking at the topography and planning the collection system, but part of their task is to look at this long-term pumping as the ultimate solution, a scalping plan, which is basically a plan that takes - it just partially cleans the sewage and then pumps the rest of it to the plant or a new plant. But, the new plant study a portion of that project is really just more a preliminary look, conceptual level cost. It wasn't really going to look at ultimate treatment. I mean, it wasn't going to get into that much detail. It was - Bird: Thank you. (Inaudible discussion) Watson: Len was just pointing out that part of the reason that we think we can build this a little faster and is the pressure sewer pumping back over the hill would be in the right-of-way so the easement acquisition would be not as intense. Although, when you get to the Interstate you obviously can't bore under the overpass so you have got to kind of come out and around. We also talked about maybe making that pressure sewer that is going up the hill at grade so that it can be turned into a gravity sewer in the future and those sorts of things. But, I think we were talking about $3 million, plus or minus, dollar range. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: Brad, when we went under the Interstate, we'd go deep enough that when they put the interchange in it wouldn't - or would we be out of the area of the interchange? Watson: I would really like to be out of the footprint of that interchange, most definitely. Bird: I would hate to be the guy that hit it. Watson: It would be pretty - well, you never know until the interchange is designed exactly where it's going to be. Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 19 of 34 Bird: That's what I mean, yeah. So, you say this is an approximately 18 month - did I hear you and Len figured? Watson: Well, it's achievable, I believe, in 18 months. I am not going to sit here and sign my name to it and say I can do it in 18 months. You know the White trunk project seemed easy too. Four years later it was - Bird: It did cost you a couple of gray hairs. Watson: It just cost me hair. De Weerd: Commissioner Borup is doing this a while back and I am sorry I didn't acknowledge that for the record, but thank you Keith for joining us. Commission, do you have any questions or anything you would like to add to this discussion? I am sorry this is an awkward format. It doesn't really - it's not conducive to spontaneous questions from you is it? Zaremba: It's not quite a roundtable, no. Thank you, Madame Mayor, members of the Commission. My only comment was that I wanted to thank Brad for his presentation and also to state that the Planning and Zoning Commission certainly feels the support of the Public Works Department and all of the projects that come before us and the good thinking and planning. I will have to say during your presentation every question I thought of was eventually answered before I could ask the question. A few more were asked by the Council and that left me with no questions to ask. But, I just wanted to state that I appreciate the presentation and appreciate it being included in hearing the plans for Public Works. Thank you. Rountree: Madame Mayor. De Weerd: Mr. Rountree. Rountree: I think one of the things that Brad is after is some direction in terms of the Black Cat trunk; I personally believe that we are at an issue there, a critical impasse. If we don't do something, I would like to see a funding phased analysis put together to see, you know, what incrementally we can do in terms of extension of the trunk line and what we yield verses the investment we make. The other area you identify as trying to meet your goals this evening is the south area. I think that is certainly an area where Meridian could potentially grow in the future. I would encourage that we get J-U-B to finish that analysis, get that to us as soon as possible so we can start contemplating what is our desires in that particular part of the county or not as the case may be depending on what the - at least what the infrastructure analysis looks like as well as the additional four square miles to the northwest. I had a question on that. Have you discussed with Paul at all what Nampa's designs are in that area in the northwest, actually the northeast of Canyon County? Are they looking at expanding into that area? Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 20 of 34 Is that something that if we look at infrastructure, could we possibly do something in that area as well? Watson: Madame Mayor, Councilmember Rountree, I have had no further discussions with Director Raymond other than he has no interest in crossing the county tine. But, I think he pretty well has plans to go to the county line. At least, where we were specifically talking about that day down between the Meridian / Kuna area. I have not talked to him specifically about that area. Rountree: Well, I just ask that because I think we are quickly becoming an area or we need to look at some more regional solutions as opposed to city by city solutions and I think that area lends itself to that and if there is something we could do jointly, even south might be a possibility - leveraging the taxpayer dollars to provide some good for the county and other communities is probably something that we shouldn't let slip by at this early planning stage. Watson: Madame Mayor, Councilmember Rountree I totally agree and whatever we do in terms of wastewater, I think it should be the biggest bang for the public's buck, whether it's a regional system or individual plans, I don't think it's in the public's best interest to have plants strung up and down north and south Ada County and so those are kind of the things that we are keeping in mind as we plan. Rountree: Very good. Thank you. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: Mr. Rountree, what I heard is that you would like to have a time limit on the Black Cat coming through and kind of a cost estimate of what we can do and I agree with you wholeheartedly - I would like to have a time limit with a cost and then I think we also need to get a more definite cost and study on that south west corner lift station coming back, too, Brad and get something in the plans so that these developers and property owners will have some kind of an idea of when and where and why when will be there and I think it's just to our advantage as I have always said the more we sewer out the better we can control the development as a city. I am like Charlie, I'd like to see if Nampa, Caldwell, well, however, we can regionally work with and I am for working with them. I know Caldwell is a long ways. De Weerd: Caldwell, I was going to say oh my God. Bird: I was going to say not anymore. They might wrap around and come back and see us. Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 21 of 34 De Weerd: We did have six options to discuss with Kuna. We had a joint meeting planned on the 2nd of August and they have called and canceled that. If Council would like me to I can draft a letter asking or inquiring as to their interest of setting a date for that joint meeting to present those six options and maybe by then we can have more detail as to a possible timeframe or at least a step plan, is that possible, Brad? Watson: Madame Mayor, yeah, we'll talk to J-U-B and we will extract every bit of information we can out of them. We are their main client right now. So, we have the ability to kind of shuffle amongst projects a little bit. De Weerd: Internally, I think I heard Councilmen Rountree and Bird mention that it might be advantageous at this point and the study with J-U-B and also exploring options is to talk to Nampa and see what their plans are too. So, I can draft a letter to Kuna and if our Public Works staff can start putting together some more details to what we can present to them in a joint meeting. Watson: Sure, thank you, Madame Mayor and we will do that. I apologize we don't have more on that, but believe it or not we are going full force on some different fronts right now that we had this opportunity to come to with what we had today and we will go back and get that stuff to you. De Weerd: Well, there is no doubt it sounds like you have major projects. The expansion, developing an RFP looking out to 2009, the north area, then south area and the Black Cat so it does sound like you have an over full plate. Watson: And Madame Mayor, if I could just remind you that this is just one of our three divisions. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: And Brad, you know another great presentation by your staff and yourself. I echo Commissioner Zaremba's words that you guys do a very great job. The public doesn't realize what they get for their dollar through you guys. We certainly appreciate it. Water, Sewer and Public Works is very, very important. If you don't believe it just let it break down for a day or two, right? Or have a glitch in it? De Weerd: No, don't let it. Bird: Tam don't want all the calls, but a very nice presentation and we need to do this more often so that we are kept abreast and we can keep ourselves abreast with what we need to be doing, what you are recommending to us. Anyway, thank you, again, very much Brad for your presentation. Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 22 of 34 Watson: Thank you, I do appreciate your time. Donnell: Madame Mayor. De Weerd: Ms. Donnell. Donnell: If I might add something if I could get a work in edgewise with Councilman Bird down there. First of alii can't imagine anybody as a little boy or girl say I am going to be in wastewater treatment when I grow up. That is going to be my goal. I can't imagine that, but I too want to add my thanks for everything that you do and I think much differently when I flush the toilet and turn on the water than I used to think when I didn't ever think about it. I just expect the water to flow and the toilets to flush and so I truly do appreciate all that you do and your staff and I know it's a big job. Thank you. De Weerd: That's the next step, the education of flushing the toilets and turning the water on. (Inaudible discussion) De Weerd: Is there any other questions or comments from Council? Thank you and your staff for the presentation. Did you get all the direction that you needed from Council? Watson: We did. We know what we need to do and we will come back to you with that information and go on from there. Thank you. Item 5. Parking Demand and Traffic Generation Analysis for Downtown Meridian Update by Tom Hudson: De Weerd: There was an item on our agenda or there was an item that was not amended to the agenda and that is a parking presentation and we have Tom Hudson here. The consultant that has worked on our Downtown Market Study as well as the downtown traffic study. Clair do you want to tell us why we are here? Bowman; I could (inaudible) a little bit while Tom is setting up here. De Weerd: That would be excellent. And Council, I apologize I heard from my secretary, I told her to call Keith and then I never heard back, so - Bird: She just called me and said when do you want it, before or after? I said I didn't care. Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 23 of 34 Bowman: Madame Mayor and members of the Council, I am Clair Bowman, the Administrator for the Urban Renewal Agency. I will introduce this presentation and turn it over to Tom Hudson then to make it. When the City of Meridian and the Ada County Highway District jointly contracted with the Hudson Company to complete the Downtown Transportation Management Plan, there was an addendum added to that by the City of Meridian and paid for by the City of Meridian to develop a parking model for forecasting parking needs in downtown Meridian. Tom completed that in working with Steve Siddoway and myself. A couple of months ago there have been a series of polishing efforts to that and this morning, Steve, Tom and I met for, I think, what will be the last time for most of the morning to review it in it's final form and get it ready to turn over officially. The purpose of this presentation this evening is to introduce the Council and members in the audience to the concepts behind that study, some of the conclusions of it and perhaps recommendations and as always Tom's very deep knowledge of what goes on in this community and some examples for the Council of how it might help us as we move forward in the future. Mr. Hudson. Hudson: Madame Mayor, members of the Council. It is nice to see you again. I am understanding that you have already been through a lot this evening and we will move through this as quickly as you would like. I stand prepared to ask answer any questions, but if I speak quickly it's only in respect to your time. De Weerd: Well, I think we always get you when you speak quickly, but we always appreciate you speaking quickly. Hudson: I will take your direction on slowing down if you care to. As a precis I would like to share that this project actually has had a great deal of benefit for planning and transportation of the city in a number of ways and so I would like to touch on that for a moment. We did a lot of detailed computer modeling to prepare a projections for (inaudible) both parking and traffic generation elements of this analysis and in doing that we created tools that are going to be readily available to the city for such things as working with the developers in the future to understand the kind of development potential particular lots might have. You will be able to do a lot of forecasting in the future in a number of different ways that relate to building square footage, building heights, layouts, etc., so this is a great tool that has developed. One other item I'd share is that we did this modeling as a collaboration, so Steve Siddoway, Clair Bowman and I had a great deal of time together in preparing it and those gentlemen know a lot about the model so that they can use it on a day-to-day basis and Mr. Bowman shared with me today that it's already been put into use working with the private sector to assist in potential investment in the downtown and in helping guide that process. We are going to look at that slide all night, I guess. Just a little bit of project context here. I wanted to emphasize that this is very timely to do this particular project. We have an Executive Director now with the Meridian Development Corporation. Marketing strategy has been completed as you know. The traffic management plan is done. We are all seeing the extensive and in some cases the explosive Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 24 of 34 growth around the community and there is this question of well what kind of growth can we anticipate here in the downtown and what's it likely to do to parking and traffic? Then of course, the final point is - I think we are all sensitive to, I almost hesitated to mention it, but we do have challenges today that this kind of information can help us with. To prepare for the analysis we went through, I would have to say a painstaking process of acquiring accurate data. To put the best face on it, we found ample opportunities to improve the existing data at the county on downtown properties and as a result, the Meridian Development Corporation and the city now have very accurate information on what we have in terms of built space and land in the downtown. That's another element that I think is a benefit from the project. We also used two very important standards in the nation on making our projections. So, with good baseline information we followed the parking handbook for small communities, which is the standard out there for parking demand analysis and then trip generation from the Institute of Transportation Engineers for traffic generation from different types of land uses. So, we got into a lot of detail there and we are very current with the data sources that we use to make our projections. Very quickly, this is an aerial photo of the general downtown area. I wanted to give you a quick orientation of Fairview and Cherry or it should be Cherry / Fairview at the top. Main down at the left hand side, Idaho and then the railroad. We followed the boundaries or used the boundaries established in the marketing strategy and also in the parking study that was done some time ago about inventory of what's out there and look closer at the kinds of land uses that are going on in this particular district. Parking generation and also traffic generation are greatly depended upon the kind of land use that is out there and we found that there are really different mixes of land uses going on within the district and so we divided it into three different sub- districts - A, Band C. With B being the more or less historic core of the downtown and C being the area along the railroad - an important point in terms of our forecasting. Overall 74 acres are inside the study area. I would like you to keep the number in mind as we look at some of the projections. Using good information that the city had already acquired and doing some refinements to make sure that it was entirely accurate, we had a complete inventory of on-street and off-street parking in the downtown - 1,785 units. I thought it would be helpful for you to get a sense of 1785 means if you are not dealing with parking everyday, it's - there is not much context for it, so I looked at Nampa, Sand Point and Rexburg at their total parking units in their downtown core. You see the total number of blocks and the number on the right hand side is the average units per block. What you see is that Meridian is not substantially lower, but it is a bit lower than those other three towns that are fairly similar in both the historic development and in the relative size of blocks and so on. Rexburg is little different in the size. I think that the main explanation for that is that there is relatively little public parking in downtown Meridian; whereas there is significantly more public lots in the other communities. Using the accurate data on existing buildings and land, we then did an analysis of parking demand to compare it to that supply that I just mentioned. Parking demand right now in this downtown is relatively low, given a very low density of structures. So, you have a total parking Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 25 of 34 demand of about 856 units - you see I have divided by district compared to parking supply of not under 1,800. So, you technically you have got a surplus of about 930 units. Now, I have made a couple of observations there at the bottom. I won't read through all three, but I think that we should emphasize that there are places where there is going to be and has been recent frustration in the supply of parking. For example, at Idaho and Main, those of us who drive by regularly see that it's kind of hard to find a parking spot right there. But, you don't have to go very far to places where there is parking. I think one of the challenges that the downtown Meridian has today is there really isn't a parking system in place that is strategically oriented. So, those people who don't know the downtown, don't find their way to those other parking units. And a parking master plan probably would be very helpful for taking better advantage of the existing parking that you have. De Weerd: But, at least it's free. Hudson: I wanted to show you the parking surplus today by district. About 361 in A; and relatively small amount in C; the largest is in B, which is the historic core and again that could be tapped more readily with some fairly straightforward and relatively inexpensive and primarily designed tools. Now, it's impossible with the kind of growth that you have in this community today to know exactly what your futures are going to be in 15 years. Who would have thought that in 1990 when there were about 9,000 that you would be where you are today? So, rather than trying to be smarter than we really are, what we did was bracketing; looking at three different scenarios - moderate growth, which I will define in a little bit; aggressive growth; and full build out. That had to do primarily with the density per block that we would project. Just to give you a quick example, under moderate growth scenario, we assume that in district A, the northern district, the average building height would be two stories. Now, think about that. Today how many of those are single-story buildings? So, we are seeing under moderate growth the average would be two stories. And in B, two-stories and in C four stories. We then went up with aggressive and full build out was 4, 4 and 6. So, 2, 2 and 3; 3, 3 and 5, I think it was and then 4, 4 and 6 floors. We did not go higher than four stories in either of districts A or B. I think the main point with all of this is that demand will increase substantially. Those numbers, the additional parking units required under moderate growth, that goes above and beyond the current surplus, so given your total parking inventory today, will eat up that surplus and we'll need 1,628 units more than we have today. That's a large number. We, of course, looked at that shortage over time under the various different scenarios by district. The greatest shortage will be in district C. Keep in mind that district C is where we are looking along the railroad at relatively high- density development where there is very, very little today. So, very low parking demand. A vary of small number of parking units in that area. As that intensifies, you'll need substantially more units. I wanted to give you a sense, in this case dollars and cents of what it would mean if the parking that is needed to cover these different scenarios of future growth were covered by the public sector. Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 26 of 34 Under the moderate growth scenario, we would need $17.1 million to provide all of the additional parking that would be needed. That is the equivalent of 13.1 acres of land. Now, if you have a four-story parking garage, you would divide the 13.1 by 4. See what I mean? So, it's just the equivalent space required. So, under full build out, if you had four stories it would be - of everything in four story parking garages, it would be a little over 15 acres, as opposed to the 62 that is there. Main point here is a lot of money. Now, this was the technical analysis we did. We weren't asked to make a lot of recommendations for the future, but I would like to share a couple of thoughts with you from where I sit in Downtown Revitalization. First of all, an historic core works best when it's highest density so that there is a complimentary set of businesses that are attracting substantial numbers of pedestrians and if we were to require a lot of parking in the core, what would happen is what a lot of other towns have seen and then had to overcome and that is developers would have to buy two buildings, knock one down and develop the other. You see what I mean? And there would be holes all over the downtown core. So, many, many downtowns around the country, don't in the core require parking onsite. Many of them do require some parking, but they have a system called fee in lieu of parking, where future development pays into a pool rather than providing parking onsite and that pool is used to provide public parking. But, the historic core would not be the best place to require parking in the middle of it, but it would be very well served by a public parking garage in some peripheral location. What is the best place? Well, you could study that a lot, but intuitively, as you are looking at developing district C and the kinds of things that Council and your staff have been discussing in that area, something that could serve both Band C would seem to me to be quite strategic. So, something, for example, along Broadway or access from Broadway would be a reasonable kind of contemplation. We are seeing more and more demand as you know in the downtown for property. People, the private sector is looking at doing it's own development of the parking. You could ask the question, should we provide an incentive for people to develop here. I think that there are many things in place now to start to do a lot more of the attracting and you may not have to go so far as to provide parking everywhere throughout the downtown and I think, especially in A, in C you'll find, or most areas in C, that they are not close to new public facilities that the private sector will provide that parking. Having said that, some public parking is pretty common spread out through city centers elsewhere in the country. I just don't think that providing it all is necessary and it would be very expensive to do so. There are also quite a few tools that are available to help create incentives for it. I have mentioned our set of definitions for growth. These are the building heights. There are other kinds of variables that we use, but this is perhaps the most important in terms of impact on building densities. Just also wanted to share with you that our core assumptions - I mentioned the first one - full build out, we think, is just unlikely in the foreseeable future. That was the one with the 4, 4 and 6 stories average in each district. For example, that would mean that the building that George is in would be torn down and replaced by a four-story building. I don't think that is going to happen any time soon. There are other Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 27 of 34 buildings that are relatively new that would have to be torn down to get up to 4, 4 and 6 right away. So, we provided the full build out scenario so that you would have a good sense of what's the maximum that would be allowable under your zoning. It's a good guide for comparison, but we really don't think that is where you are headed in the near future. We focus most on the moderate scenario. We are using national standards for our growth and demand projections and those standards, by the way, look at examples from allover the country over a period of years. So, it's the most reliable information that we have. The next item, I think, is an intuitive one. The higher a building the more likely some parking will be provided in the footprint. If you have got a parking requirement, you have two choices - you put it within the footprint of the building or you put it out on land. Well, the higher you go the more valuable the land and you are going to be thinking about a degree of it going within the building, so that's part of our modeling. Then in general, note that you find very few buildings, commercial buildings that are used at 100 percent efficiency and when you add to that there is even in a healthy environment that there is a degree of vacancy, we said that the buildings are on average at 90 percent efficiency. So, whatever the growth floor area is by district, we reduced it by 10 percent to start off with. You could reduce it more, but we are trying to be conservative so that we don't under project the future demands and then from there we projected both parking and traffic. Just so you know because this computer is cutting off a lot of things here and compressing it, I just want you to know that I am aesthetically displeased with how things are being truncated and thrown off kilter, that is just not my style. Donnell: That's okay, there. Hudson: Thank you for noting that. The important number here is that you have about 499,000 square feet of built space in this downtown area. That is not a number that has been thrown around before. I think it's a very useful one for you to be aware of. Now, if you were to look at ways of comparing that number, you might contemplate for example malls, there is a hierarchy of shopping malls that is super-regional, regional, community and neighborhood. An average regional mall that if you look around the United States runs from somewhere around 400,000 square feet to about 800,000. A community level mall tends to be around 250,000 to 450,000. There are other definitions to it, but that's the range, so this is the equivalent of a relatively small regional mall. And this includes about 124,000 square feet of residential. I think that will be helpful for you later and it's also now a baseline for you as you watch development in the future in your downtown, you will be able to see where we were and we are about to be. These are exciting numbers to be able to have for your future. Another aesthetically displeasing slide - today we have about in terms of trip generations about 11,200 vehicles coming specifically to the downtown or leaving from an origin in the downtown, 11,200. That is an important number. Now, those vehicles are going in a lot of different directions and coming from a lot of different directions, but it's a significant number. Now, under moderate growth scenario, remember that is where you go to an average of 2, 2 and 3. Two stories in ( Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 28 of 34 district A and two in district B and three in district C and district C today is probably at about .25, so that is pretty aggressive. You would go to 30,600 a day. That is 19,400 more. The point that I think that carries with that is that you're downtown has demand. There is going to be development. That development will create traffic. That traffic will go on to your major arterials for the most part. The point there is that under the moderate scenario you will see main traffic grow by 273 percent. That should be a moment for pause, which means to me that there have been some concerns expressed about too little traffic on Main in the future. Think about what's happening here. We have a lot of development going on that is going to be translated into people coming and going from the downtown core and those people are going to be driving up and down Main and Meridian Road and these other places and so whatever kind of traffic solutions you have for your Transportation Management Program, you are going to see substantially more traffic generated by your downtown. I think that managed well that will be a positive contributor to business; managed poorly it will continue to constrain the business activities that are here. Remember, the very first public meeting we had about transportation management, we asked the people in the room and it was quite a good house, is there anybody here that doesn't want to do something? No hands came up, so we are in the do something scenario. Our feeling is (inaudible) about the challenge will be with regard to traffic and managing it so that an attractive pedestrian environment can be sustained for the downtown and it's various customers and visitors. We know have a great deal of information available to us that we can use for the tracking, management and forecasting of the downtown parking and traffic. I think it is a very important tool that the Meridian Development Corporation is working with the city to make sure that this information is kept up to date and will be able to bring you, I think, a lot more insight in the future about how we are doing with both of those fields. I would be happy to take any thoughts or guidance. (Tape turned over) Wardle: My only question is what steps do we need to take to be able to release this so that is available through our Economic Development Office? Donnell: Okay, now so before you answer that, let me ask my question because mine came before his? In thinking it came before his. This seems like this would have been extremely helpful information for us when we had to make a decision on the split corridor and it would have been helpful to the public, to those that have a lot of concerns about the split corridor. So, my question is why did we not either do this in conjunction with that or was that a topic of discussion in those meetings and so why now after we have already made that decision? Hudson: Madame Mayor, it's my favorite question. Thank you for asking it. The reason is a lot of personal frustration for you staff, for Meridian Development Corporation and myself. We have tried and tried and tried to get accurate data since November. It. wasn't there. When I say inaccurate, [ mean terribly Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 29 of 34 information, it would take us months at a time, sometimes to get feedback on questions of why is this number seeming to be so wrong. You can't have good analysis if you don't have good base data. I finished this project in June, at great cost to my company. I am one of your investors in your community today because we had so much difficulty in getting a good baseline of information and with the help of Mr. Bowman, a great deal of help, actually is that fair to say sir? We eventually were able to find the errors in the county data, address them, and get them modified, appropriately and properly out. But, we expected to have this done in January, originally. Donnell: Thank you. De Weerd: Okay, now back to Shaun's question. And that is when can it be released and utilized for economic development? Wardle: Well, it's obviously been released, I am just wondering when we can incorporate that into what we are doing to further our redevelopment efforts. De Weerd: I think it's important to talk about the MDC next steps that you'll be going on into this new planning year and how you can utilize this information. Bowman: Madame Mayor, members of the Council, perhaps I can add a bit to Councilman Wardle's question. Part of the reason that Meridian Development Corporation brought Tom back for the day today was because as Steve and I got further and further into this, we realized that this not a model for a casual user. This is a model that requires someone familiar with in some detail, economic development concepts, a building efficiency ratios and concepts like that that are a part of the development process. So, our focus, the entire morning this morning was looking at the model in a way to say what would a new user have to have as a minimum background set and then what do we need to tell them about this model to make it maximally useful at some point when Steve and I will not be involved in the use of this model. With that said, releasing it should be done - for other people to use, should be done with a caveat about the need for some level of sophistication. However, the concepts that are in it are wonderful and have helped me understand the dynamics better between the buildings we choose, the way the parking policies are established and the ultimate demand for parking. Can we put it on a website and make it available to folks, generally? I just don't think so. So, the primary way I would suggest releasing it - a long answer to a short question, here, would be to give Cheryl Brown a copy of it and training and using it or let her understand what's available there and have her ask Steve or me to run it on her behalf. That would be my suggestion. Hudson: Madame Mayor. Just a point of clarification, there are actually two elements of the work. One is the technical memorandum, a hard copy, standard report and the other is a model, computer model. The model has the level of sophistication that was noted is something that you just don't - the average ( Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 30 of 34 person is not going to want to or be able to use. You have got fairly sophisticated elements to it. It's a six part that is six different tables working together in a number of ways to make sure that it's all very logical. Now, we - anybody that understands real estate and can use excel will be able to fly through this thing and it is a lot of fun for those people like us that get enjoyment out of this sort of thing. Because it has so many insights that would be difficult for people to use. There is nothing secret about it and if somebody really demanded to see it, I personally wouldn't have a problem with them looking at the model, but I don't it would be useful. But, the technical memorandum, I would just ask, were you referring to that as well in some reluctance? Because I think that speaks in plain English about some, you know, fairly sophisticated issues and I think that could be readily made available to the public. Wardle: Madame Mayor. De Weerd: Mr. Wardle. Wardle: Thank you, just a point of clarification. When I talk specifically about economic development, I do talk more in general about site selection committees and those people that are out doing that work that have been clamoring for this information for years and years and years and probably very, very sophisticated and so, if we do not publicize that we have now completed our study they will not ask for it and if they do not ask for it they will not have the full capability to take their models back to make investment decisions within the community. So, I would recommend that, regardless of how we release it, we let everybody who asks about our downtown know that we have this available for them to use. Rountree: Madame Mayor. De Weerd: Mr. Rountree. Rountree: I have two questions. One relates to this and another one - I'd like to maybe borrow some of Tom's intellectual properties. But, I will get to that next. Is there part of that memorandum or part of this activity today that we will move forward with MDC that is a user guide? So, with the loss of Steve and the loss of Clair, we don't have to find Tom again and retrain a couple more folks? If we don't, I would charge Steve and Clair to get together and do that and have that in record, probably in the Planning and Zoning office, so we can carry that forward. Just a recommendation - if it's not been done, I think it needs to be done. Tom, we are now seeing somewhat I thought were pretty neat business ventures in downtown Meridian coming forth and saying they are losing tenants because of parking. Yet, when you visit those particular stores, during the work day and in one case it's a restaurant in the evening - it's been my observation and at least the restaurant that I frequent quite a bit and the public provided parking is generally either half or a third available and it seems to me that parking might be part of the problem, but it seems to be an excuse for maybe a business venture ( Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 31 of 34 that isn't quite meeting the business expectations. Have you run into that and how does one cope with that in terms of public relations and that sort of thing? Or, have you seen that in other communities. Hudson: Madame Mayor. Yes, sir, we have seen it in other communities and I think there really is a range of reasoning behind that challenge when people are saying we are dying because of parking. In some cases, it's just bonafide. It really is a substantial parking inventory problem that is there is not enough parking. In many cases, it's a parking perception problem. That is there may be plenty of parking technically, but there is a perception that it is not there and you as leaders know as we do in planning that you can bump your chins a lot harder on perception than on reality. That is if somebody believes it's not there, it doesn't matter if it's there, it's just not until you work to fix it. Then there are people who don't really have parking as the main problem, but it's a lot easier to perceive parking as being the problem than something else. Now, what I have found in your community, if I could just wear the hat of a critic for a moment on the issue of parking - you know that I love this community, but you have significant parking challenges and a lot of those parking challenges - you know when looking at those numbers, the early numbers, you have a parking surplus, but you have people complaining about no parking. Well, what is it about humanity that's making that happen? Let's just assume that that's absolutely correct on the surface; that people perceive that there is a real parking problem and I think that that is the case. Very often what's going on there is that if they don't see it immediately in front of where they want to go in a downtown, of course, they complain. That's the stereotype, right? We have all heard that. But, at the mall they are willing to go 150 yards across asphalt. What is the difference? Well, there is a very good reason why there is a difference there and a big part of it has to do with the issue of arrival, sense of arrival. When you get to the mall and you are 150 yards away, you can see the front door. So, you have arrived. But, in downtowns that are not strategically designed and this is one of them today, if you can't park immediately in front of the business there is nothing telling you where else to go. So, then you may, if you are aggressive go find something else and park. Well, is it a good, positive walk from where you park to where you want to go? In a lot of cases, it is not. There is no parking sign that says go this way for more parking. You just don't find it, so you are on your own. If you don't know where it is, it's like - we have got a private fishing hole and we don't want people to know where it is. That's the way outsiders would perceive it. Then, is it perceived as a safe walk, to and from? Most of the year, about half of it, after about 4:00 or 4:30, it's dark, right? So even downtown employees who know where all the parking is don't want to park very far away because there are a number of dark streets in the downtown so they become part of the challenge. They are going to logically and reasonably want to park closer so that they don't have to go through dark spots or potholes or any number of other things. Also, on your side streets and you have a great matrix out there - have got great potential for a good internal circulation and parking system, you don't have any kind of orientation. You are here. Here is where ( Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 32 of 34 everything else is - little kiosks that could help people and so on - better lighting, more rewards along the way. The average individual moves at 2.5 miles an hour. That's about 230 or 240 feet per minute. In two minutes, the studies say, people get kind of cantankerous if they are not rewarded and you don't have a lot of rewards on some of your side streets to get the people to walk very far. Now, these are things that a parking master plan address and you could, I think, in short order with relatively low investment address a lot of those kinds of issues to actually improve access - you know the perception access to the parking that you have. So, I think there is a lot of opportunity, in short to make better use of what we have got. But, whatever you do, in short order, you are going to get a shortage and so the next question is where will it go and how do you create more? Wardle: Thank you. De Weerd: Any questions? Siddoway: Madame Mayor. De Weerd: Yes, Steve. Siddoway: One quick follow up to Charlie's question. The idea of the User's Guide was the intent of the whole morning session that the three of us spent together. From this point forward we took a lot of notes from the conversation with Tom. Clair is going to take the lead on writing the User's Guide into the model itself and routing that through us for review and comment and any additions, but the intent yes, very much is to come away from this with the User's Guide. Rountree: You might test that on Anna. Siddoway: The second point I would like to make just quickly is building on what Tom said and that is the idea that we got out of this process much more than just a report. We do have a report than can be shared and published widely. We also have a very interactive model built that allows us to change any assumptions we want to if we don't like the assumptions that were made as we move forward. If we want to test different ideas, different scenarios so we have now a very powerful tool for MDC, in particular, to use as we forecast parking needs into the future. (Inaudible discussion) De Weerd: Council, do you have any other questions? Bird: No. ( Meridian City Council Joint Workshop & Special Meeting August 30,2005 Page 33 of 34 Donnell: No. Rountree: Tom, thank you. De Weerd: We appreciate your commitment to our community. We like to see you. Hudson: I have to tell you it is such a pleasure working with your community and if I could only have access to Steve Siddoway in every town where I worked, I would be a much happier camper. He and his peers in Planning just don't have an equal in this state, unless there is a community that I work with here in the audience and also thanks to Clair Bowman, he has been just so exceptional in helping. I hope this tool will really be very useful to you. This was quite a small budget, I would like to conclude for this particular element, and I think it is one of the best stretches of dollars that you will get for sometime. You will be able to use this in many different ways. Thanks again. Bird: Thank you for the donation. Hudson: Thank you, sir. De Weerd: Thank you and any final remarks, Clair? Okay, Council I would entertain - and thank you to our Commissioners for joining us tonight. Did you have any questions? Thank you for joining us. We appreciate it. We appreciate all you do. I think you spend many long hours - we get the minutes and so we appreciate the work you do on behalf of our community. Donnell: In fact, I think you need to be paid. (Inaudible discussion) Donnell: Your percent of increase is a whole Jot. (Inaudible discussion) De Weerd: That is a 50 percent increase. I don't know if we can support that. We will give it to a citizen's committee and ask them to make a recommendation. Okay, Council, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. Meridian City Council Joint Workshop & Special Meeting August 30, 2005 Page 34 of 34 De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: It? I &~I ()~ DATE APPROVED flIIIJII" CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, August 30, 2005 at 6:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: -L Shaun Wardle -L Christine Donnell -L Charlie Rountree X Keith Bird -L Mayor Tammy de Weerd 2. Pledge of Allegiance: Riley Gonzalez 3. Community Invocation by Bill Nary 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: TCU 05-001 Request for transfer of Conditional Use Permit for a childcare center for ABC Childcare and Preschool by Leslie Gonzalez - 650 West Broadway Avenue: Approve B. Lease aareement with Farmers and Merchants State Bank: Approve 6. Items Moved from Consent Agenda: ''Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 7. Public Hearing: 2005/2006 Fiscal Year Budget: 8. Ordinance No. 05-1174 : Creating a New Title 1, Chapter 7, Section 9 of the Meridian City Code Providing for City Council Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor and City Council: Approve as Amended Meridian City Council Special Meeting Agenda - August 30, 2005 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Ordinance No. 05-1175 : Creating a New Title 1, Chapter 6, Section 5 of the Meridian City Code Providing for the Mayor's Salary and Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor and City Council: Approve as Amended 10. Ordinance No. 05-1176 Amending Title 1, Chapter 8, Section 4 of the Meridian City Code Deleting Mayor and City Council Salaries: Approve 11. Annual CPI Rate Adjustment for Solid Waste Collection Services by Steve Sedlacek and Bill Gregory with SSC: Prepare Resolution for Fee Schedule I Increase - September 6, 2005 12. Ordinance No. 05-1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re-Enacting a New Title 11 To Be Known As the Unified Development Code (3rd of 3 Readings): Approve 13. Ordinance No. 05-1171 : Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term uApproach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (3rd of 3 Readings): Approve Meridian City Council Special Meeting Agenda - August 30, 2005 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, August 30, 2005 at 6:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell --:c- Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: A 3. Community Invocation by 17771 f..I~d 4. Adoption of the Agenda: ~ v--' 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: TCU 05-001 Request for transfer of Conditional Use Permit for a childcare center for ABC Childcare and Preschool by Leslie Gonzalez - 650 West Broadway Avenue: ~v<- B. Lease aareement with Farmers and Merchants State Bank: ~f'Y"&'f/l.<..../ 6. Items Moved from Consent Agenda: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. If 7. Public Hearing: 2005/2006 Fiscal Year Budget: 8. Ordinance No. tJ f; - II ? 1-- Creating a New Title 1, Chapter 7, Section 9 of the Meridian City Code Providing for City Council Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor and City Council: "J?pnlV'l 0.( Cl~ Meridian City Council Special Meeting Agenda - August 3D, 2005 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Ordinance No. &5 - 1/1lG" Creating a New Title 1, Chapter 6, Section 5 of the Meridian City Code Providing for the Mayor's Salary and Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor and City Council: u!pY'Ov.( a J dine httRtt.. Ordinance No. tl5' -I / 7,6 : Amending Title 1, Chapter 8, Section 4 of the Meridian City Code Deleting Mayor and City Council Salaries: a ~ cr-e... Annual CPI Rate Adjustment for Solid Waste Collection Services by Steve Sedlacek and Bill Gregory with SSC: I ~ .{:.e- '1 6-0S- ~jJJh.(. ~o/~(',1?-- ~ c/k dt?A.t.~ ~a - - Ordinance No. 05-1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re-Enacting a New Title 11 To Be Known As the Unified Development Code (3rd of 3 Readings): ~v<..- Ordinance No. 05-1171 : Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term HApproach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (3rd of 3 Readings): ~".,....e.- 10. 11. 12. 13. Meridian City Council Special Meeting Agenda - August 30, 2005 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDIl STATUS 17 08/26 16:1313 PUBLIC WORKS EC--S 00'38" 002 247 OK 18 00/26 16:la2 8841159 EC--S 00'39" la02 247 OK 19 08/26 16:03 2088840744 EC--S 00'39" 002 247 OK 21 08/26 16: 05 POLICE DEPT EC--S lala'38" 002 247 OK 23 00/26 16: 08 8985501 EC--S 00' 38" la02 247 OK 24 00/26 16:09 LIBRARY EC--S 00'48" lala2 247 OK 25 08/26 16: 1la 920$3776449 EC--S 00'37" 002 247 OK 26 08/26 16' 11 3886924 EC--S 00'37" 002 247 OK 27 0$/26 16: 12 P-AND-Z EC--S 00' 38" 002 247 OK 28 08/26 16: 13 FIRE DEPT EC--S 00'38" 002 247 OK 29 08/26 16: 15 128300040 G3--S 00'49" 002 247 OK ;~ ::~~ i~~i~ ~~~ ~~~ ~~C~LMT )~~==~ :::;~:: ::~ ~:~ g~ 32 08/26 16: 18 208888Se52 EC--S 00' 38" 1302 247 OK ....--------........--------............-------...---------...-----------------........-------.............-------......-------............--- jJlrusc lhs+ fiy t->u.b1IQ. Nott Qt:. -lhOJl.\<..sl\ CITY OF MERIDIAN CITY COUNCil SPECIAL MEETING AGENDA Tuesday, August 3D, 2005 at 6:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance; - Shaun Wardle _ Christine Donnell - Charlie Rountree Keith Bird _ MayorThmiliy de Weare! 2. Pledge of Allegiance: 3. Community InVocation by 4. Adoption of the Agenda: S. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: Teu 05-001 Request for transfer of Conditional Usa Permit for a childcare center for ABC Childcare and Preschool by Leslie Gonzalez - 650 West Broadway Avenue: B. Lease aareement with Fanners and Merchants State Bank: 6. Items Moved from Consent Agenda: "Although the City of Men"dian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 7. Public Hearing: 2005/2006 Fiscal Year Budget: 8. Ordinance No. : Creating a New Title 1, Chapter 7, Section 9 of the Meridian City Code PrOviding for City Council Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation ofthe Mayor and City Council: Meridj~n city Council Spe~ial Meeting Agenda - August 30, 2005 Page 1 of 2 All materials presentl!<l at public meetIngs shall be~ome property of the City of Meridian. Anyone desiring accommodation for (ilsabilities related 10 documents and/or hearings. please contaol the City Clerk's Office at ooa.4433 at least 481l0u(s priorto lhe public meeting. ** TX IN REPORT ** AS OF AUG 26 l6: 29 PAGE. 01 CITY OF MERIDIAN DATE Tl ME TO/FROM MODE M I N/SEC PGS CMDl:! STATUS ~~ ~~~~~ ~~~~i i~~~~YA~:~~TIC C ~~==~ ~~:;:: ~~~ ~:~ ~~ 03 08/26 16: 23 ID PRESS TRIBUNE EC--S 00' 38" 002 247 OK 04 08/26 16: 24 2088886701 EC --S 00 I 37" 002 247 OK ----~~---~~~:~-=~~:~_:~:~=~~---------------~===:_--~=~~:~-~~:_---_:~~----~~----------------- ~lro.sc F6St tiY HJJd \ c.. Nott C;:. - lhOJ1\<...s.I) CITY OF MERIDIAN CITY COUNCIL SPECIAL MEeTING AGENDA Tuesday, August 30, 2005 at 6:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance; Shaun Wardle Christine Donnell == Charlie Rountree - Keith Bird _ MayorTani'i1iy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: TCU 05-001 Request for transfer of Conditional Use Permit for a childcare center for ABC Childcare and Preschool by Leslie Gonzalez - 650 West Broadway Avenue: B. Lease aareemsn! with Farmers and Merchants State Bank: 6. 'terns Moved from Consent Agenda: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 7. Public Hearing: 2005/ 2006 Fiscal Year Budget: 8. Ordinance No. : Creating a New Title 1, Chapter 7, Section 9 of the Meridian City Code Providing for City Council Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor and City Council: Meridian City Council Special Meeting Agenda - August 30, 2005 Page 1 of 2 All materials presented at public meetings sh<'lll become property of the City of Meridian. Anyone desiring accommodation for dlsabilities related fa doeuments and/or heanngs, please contact the City Clerk's Office at 688-4433 at least 48 hours priorlo the public meeting. September 23, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT September 27, 2005 ITEM NO. 5-8 REQUEST Approve Minutes of August 30, 2005 City Council Special Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: .r/ fI(~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Citv Council Special Meetina Auaust 30. 2005. The regular meeting of the Meridian City Council was called to order at 6:02 P.M., Tuesday, August 30, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell. Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Bill Musser, Ron Anderson, Kenny Bowers, Len Grady, Doug Strong, and Stacy Kilchenmann. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle --L-Christine Donnell X Charlie Rountree X Keith Bird ~ ~ MayorTammydeWeerd De Weerd: I will call this special meeting of City Council to order. It is Tuesday, August 30th. It's two minutes after 6:00 o'clock. We welcome you all here tonight. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item NO.2. We will be led today by two-year old Riley Rodriguez. If you will all rise? Rountree: Maybe. De Weerd: Maybe your mom will. (Pledge of allegiance recited.) Item 3: Community Invocation by Bill Nary. De Weerd: You know, I do have a pin for Riley. And probably some candy as well. Thank you for joining us tonight. Item No.3 is our community invocation. And since I always -- since I don't have anyone on here, I will ask our city attorney to, please, lead us in the community invocation. If you will, please, join us or take this as an opportunity for a moment of silence. Nary: Lord, we thank you for this opportunity tonight. We ask for wisdom upon Council and Mayor as they wrestle with the issues of the city this evening. We ask for your wisdom on our city and the blessings upon our town and our country. God, we are through a difficult time and there are people in this country suffering greatly with the circumstances in the south and Florida and Louisiana. We just ask for your wisdom and Meridian City Council Special Meetin!:l August 30, 2005 Page 2 of 24 enlightenment on these situations, God, and that the wisdom that is necessary to perform and all the many things for the city in both in our state and here, as well as throughout the country, that you guide their hand and guide their choices that they make, God. And we ask your blessings upon our city in your name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Mr. Nary. I'm glad you didn't cry. Okay. Item No.4 is adoption of the agenda, Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adopt the agenda as published. Rountree: Second. De Weerd: Okay. Motion to approve the agenda as published. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: TCU 05-001 Request for transfer of Conditional Use Permit for a child care center for ABC Childcare and Preschool by Leslie Gonzalez - 650 West Broadway Avenue: B. Lease aareement with Farmers and Merchants State Bank: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further discussion, Mr. Berg, will you call roll. Meridian City Council Special Meetiril" August 30, 2005 Page 3 of 24 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Items Moved from Consent Agenda: De Weerd: Item 6. We had no items moved from the Consent Agenda. Item 7: Public Hearing: 2005 I 2006 Fiscal Year Budget: De Weerd: So, Item 7 is our Public Hearing on our 2005-2006 fiscal year budget. I will open this Public Hearing with opening remarks from our finance director. Or our CFO. Kilchenmann: Whatever I am. I have quite a few slides, but I promise I will talk really fast, and so if anyone has a question and I'm going too fast, please, slow me down or jump up and ask a question or whatever. Okay. First, to look at the overall picture, the total FY06 budget request by major fund, that graph shows the three major funds, General Fund, Enterprise Fund, and the Special Services -- or the development -- no, actually, Development Services is part of General Fund. So, ifs just the Enterprise and the General Fund. Is 89 million dollars. And that shows you that a big chunk of that is carried fOlWard. In other words, projects that were started in prior fiscal years and have not yet been completed, so we keep carrying the money fOlWard and re-appropriating it, so it is not new money. If we look at the budget request by class, you can see, again, 29 percent of the entire budget or almost a third of it is that carried fOlWard. Council outlay is over a third of it, with the remaining amount being personnel and operating. So, I may talk -- the presentation is going to be divided into the level at which we appropriate, which in our case is by fund. And in addition to the Enterprise Fund and the General Fund, we also have the Development Services Fund, which is part of the General Fund. The Park Impact Fund, which is our only restricted fund and part of the General Fund. And the Capital Improvement Fund, which is also part of the General Fund. So, starting with the General Fund, excluding the Development Services, Capital Improvement, we have 16.6 million dollars of revenue forecast and as you can see, obviously, the majority of that, 62 percent, is property tax. With the only one coming in close to second being state revenue sharing. The other sources are relatively minor and this graph does include those restricted park impact fees. I just wanted to talk, because -- yes. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Just a question on that. The carry over funds are distributed amongst those various accounts, then, in terms of revenues? Kilchenmann: On some of them I have and some of them I don't. Meridian City Council Special Meeliri\,j August 30, 2005 Page 4 of 24 Rountree: I don't need to know. I just -- are they in these numbers in these percentages or -- Kilchenmann: No. No. Rountree: -- are they separate? Kilchenmann: No. They will be shown separately. Rountree: Okay. Kifchenmann: So, I just wanted to talk a little bit about the work that we did in preparation for the Tax Commission hearing that we went through, the interim legislative tax committee. We were just kind of looking at the levy rate and I know we have talked a lot about how our levy rate is dropping, so this -- these were a couple of graphs that we put together and we looked at our permit sales and, as you can see, those have just gone up. Well, the forecast for a levy rate just continues to go down. Another thing we looked at -- well, what would be the impact if they took new construction away from us and this shows the dollar value of new construction that we have -- the tax value that we have gotten each year? And from FY05 to FY06 it just -- it was astronomical. I think it was almost 500 million dollars and twice as much as in the prior year. Well, if we lost that new construction, it would have a huge impact, because the pink line on the top graph is just our tax at our three percent rate and that kind of just goes along barely increasing at that three percent rate. Well, the line above shows that -- the property tax that we -- additional tax we get because of growth and the bottom graph is similar, it just adds in the annexation. And annexation, really, varies. I wouldn't say it's a major source for us. It was in the past couple years, because there was some big annexations. Other years it's just been relatively minor, because we haven't annexed very much property. Then, I looked at kind of where are we going or what do we need to think about in the future. And so I looked at our base, which is the pink line, compared to our revenue, which is the yellow line. And the first graph shows -- if we took our historical base growth, base being personnel and operating, and we looked at six years, so FY01 through FY06, we have grown about 17 percent in the base and our average revenue growth has been 12.5 percent. So, if we continued with our revenue staying at that 12.5 percent growth, base would cross the revenue in FYOB. Then I looked at what about the last three years, FY03 to FY06, and that would be -- we have grown 19 percent in the base. So, that means we would cross over in the next year. If we grew at a ten percent rate, we would never cross over. Assuming the 12.5 percent growth. And these, of course, are all scenarios that can change -- we can change them, the numbers. De Weerd: And we didn't share that with the income tax committee, because we didn't want to confuse them. Kilchenmann: Yeah. Yeah. We didn't share all this information. And, then, I did give you a handout. I talked about the growth in the base, but the handout I gave you, which Meridian City Council Special Meet[n~ August 30, 2005 Page 5 of 24 I promise I'm not going to go over, is a history of our expenditures by General Fund, adjusted for inflation, and with the numbers broken down per capita and I'm sure you will take this home tonight and be pouring over it. Or you will look at it during the wastewater plant presentation. But you can see that, actually, per capita we have not changed very much. In other words, we have been pretty consistent. So, it's not like we really are -- our increases have kept -- been at the rate of the population increase. We haven't increased over the amount of the population increase. Okay. To go briefly through the enhancements that are requested for FY06, I will start with Parks and Recreation. Their total request totals 997,850 dollars. Includes a couple personnel, some equipment and maintenance from the General Fund. The personnel is from the General Fund. And in addition to the land purchase account of 100,000, so that we can continue to match impact fees with our General Fund dollars. On the Impact Fee side it's 870,250 dollars. There is three different partnerships that we have allotted money to join with Hero's Park, Adventure Island, and Kiwanis Park restrooms. And, then, some city projects, fire station park restroom, and Season's Park, Champion Park picnic shelter, Settlers maintenance building, update the capital fee impact -- the capital improvement plan and, then, also a land purchase from the Impact Fee account. And moving on to the fire department. A very modest one page this year. The big thing is a new fire engine and there is some miscellaneous equipment purchases and, then, some consulting to work on the new EMS program that will start this fall. The police department enhancement, this year the police were our biggest chunk of our General Fund appropriation. Includes nine patrol officers, some various capital for just various equipment, adding back a school resource officer, a criminal investigator, and, then, again, some -- and some capital amounts to go with that. Software, because they are on the cutting edge of technology in our police department. Then, on the administrative side, we have the Finance Department, a purchasing agent, that's split with the Enterprise Fund. The HR Attorney Department, which I, actually, should separate that and this is pretty much the HR Department. Some training, some wellness kind of programs, part-time office help, and, then, on the HR side a legal intern. Information Technology has 56,000 dollars worth of requests that includes a spam filter and just several small pieces of equipment. The Mayor is 84,000. That includes a communication coordinator, which is split between all three funds. Some money for the historical preseIVation -- is it task force? Committee? Rountree: Commission. Kilchenmann: Commission. Americorp. Just various equipment and scholarship program for Meridian High School students and the Council -- De Weerd: And Mountain View. So, Meridian and -- Kilchenmann: Oh, that's right. I was thinking of the district, but -- Meridian School District high school students. Then, the Council is an increase in Council wage for a total of 9,476 and for the Mayor of 11,845 dollars. So, if we breakdown just to look at how the budget breaks out by department, the graph on the top is what -- again, what we call base budget, just personnel and operating. You can see we spent a little over { \ Meridian City Council Special Meetiril;; August 30, 2005 Page 6 of 24 80 percent of our General Fund budget on public safety. That administration amount also includes our share of the Locust Grove overpass, most of which we haven't paid. Then, the bottom one is the general -- the total budget. This is the total budget, which includes the carry forward, the impact fee, and so forth. So, parks gets a larger share. So, this is a summary that you will find and I have tried to break it out, so you can see new revenue and, then, re-appropriated fund balance that matches to the carry forward and the top one is the General Fund and the bottom one is Impact Fee Fund. It's sometimes confusing and overstates our budget, because this is almost all parks, plus - - yeah. Well, administration is almost all the Locust Grove overpass, because we have been carrying that for several years. And, then, on the bottom the parks capital projects of 2.8 million. So, it kind of overstates our budget by that carry forward amount, but it's really not a new appropriation. De Weerd: Locust Grove will be built next year, so you won't continue to carry forward. Kilchenmann: Good. Then, to move on to development services. This used to be called special services, but special sounds like -- not the right name for it, so we call it -- we are calling it Development Services, budgeted revenue, and you can see the big chunk of that are license and permits that come through the building department, 87 percent. With the planning department, which is abbreviated, being the filing fees of seven percent. And fire inspections jumped up there three percent. So, the top graph is Development Services and the Capital Improvement Fund together, because typically they are both considered in the same fund. And the reason the Capital Improvement Fund is so big is because of the City Hall appropriation. But if you take that out and you look at the base budget only, on the bottom you can see that 50 percent is building and that includes fees paid to inspectors and, then, 37 percent of it is the cost of the Planning and Zoning Department. I thought this was interesting to look at kind of how this was going and what's going to be the impact in the future. The top one is just the building department. So, it's the revenue line and, then, the black line underneath are the cost we paid, basically, to inspectors. We have three full-time employees, but their wage is pretty small compared to the cost we paid inspectors. And you can see that we are increasingly getting a pretty big bang for our buck. The cost is not going upas fast as the revenue. The bottom line is just the planning department revenue compared to their base budget and the yellow line includes -- we have added streetlights, economic development, and a couple other items into that fund. So, it's not just Planning and Zoning. That 1.3 million in FY05, that's pretty much the cost that the General Fund would have to absorb if the building slowed down. So, it's just something to think about in the future, but those costs will need to be absorbed back into what we typically think of as just the General Fund by itself. See, their enhancements -- planning department has five different studies. They are sharing with the city clerk. We are adding another position, a deputy city clerk. A vehicle. And, then, just some software. And other items in that fund are miscellaneous small items that make up 133,000-gateway art, increase in our transit dues, their share of the communication coordinator. An important one, some web development, so that more application work can be done online from advertising. Then, the Opticon, which are the traffic -- emergency signal thing-a- boppers. Those are for. Ron. And, then, our favorite, most exciting one, that Capital Meridian City Council Special Meeting August 30, 2005 Page 7 of 24 Improvement Plan, the City Hall. Fifty percent of it, 4.5 million. And also 60,000 dollars to go toward the K9 building that's being built for the police department. So, there is their summary. And, again, they have the re-appropriated fund balance. And the Enterprise Fund, the last fund, this one -- that's why I was hesitating on Mr. Rountree's question, but this one I did put both of them on there. I put -- no, this isn't the carry forward. This is just use of fund balance for the current year of 13.7 million and new revenue generated at 24 million. And, then, here is how it breaks down as far as their budget. It's 59 million, but 36 percent of that is projects carried forward. And, then, second to that, the wastewater treatment plant. So, if you look at it by department, with the bright yellow being carry forward, you can see all that wastewater plant cost being -- stili being carried forward. And, then, that next big chunk of their budget being capital, with their base budget being much smaller, their personnel and operating. So, again, this just looks at their revenue compared to their base budget. And, then, that capital jumping up there for the wastewater plant expansion. Water department enhancements, about 930,000. Two additional personnel. Some additional funds for the proposed new office building. Then, various continuing projects, well rehab, fill station, water line extensions, and equipment and consulting costs. The big one, the wastewater treatment plant, 24.7 million. There is an addition to phase one, which we initially budgeted phase one last year and we need 13.5 million more to add to phase one. And five million for the Black Cat Trunk. Land purchase around the plant, 1.2 million. And various contracts and equipment for five million. Public Works and engineering. Most of theirs is in personnel. Three additional people and just some various software, consulting, and equipment, et cetera. And the big one, they get to share in the City Hall, 4.5 million. And, then, there is some other enhancements that are just -- like the staff of the purchasing agent and communication coordinator, a third of that, and so fourth -- of support services they share with the General Fund. Utility billing is requesting one new person for 40,000 dollars. So, that is the Enterprise Fund summary. And that's the end. De Weerd: Thank you, Stacy. Any questions for Stacy at this time? Bird: No. It's a pretty good presentation. Donnell: Yes, it is. Kilchenmann: Thank you. De Weerd: Any comment from our general public? Council, I guess I do have a question in terms of the request from Boise Valley Economic Partnership. It was left open-ended during our budget presentation. You were going to take that into further consideration after having a chance to review the materials that were given to you. And we -- I had budgeted 25,000. There was an additional request for 25,000. And you do have that in a line budget in your budget or I think we had some still set aside. So, if it was your desire to allocate that, I would like to have that in the line item as we enter into the new budget year. ! Meridian City Council Special Meeting August 30, 2005 Page 8 of 24 Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I have not had an opportunity to meet with Nick Miller, who really spear headed this entire study for BVEP and changed the name of it to include a more partnership perception and so I guess I'm reluctant to allocate anymore than what you had budgeted at this point, until we have an opportunity to -- for more information from them. The e-mail that I received from him indicated that they had done -- their presentation was done in somewhat haste and that perhaps it wasn't as well thought out as it should have been, because they were trying to meet the deadline of all the different agencies and their budgeting cycles. And so at this point I would not be favorable in -- in increasing it, but perhaps down the road, if we see that there is a need, then, we can revisit that. Did that make sense? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Christine, that makes very good sense. And I agree with you wholeheartedly. I feel that they have got other work to do on their side before they just depend on the public sector to finance the whole thing and, quite frankly, I think that they did not get out and work it right. They have -- in most of the private companies that I have talked to feel that the public sector has given up and they have given up. Until something more is presented showing that they need more -- and I'm with you a hundred percent, I'm for giving them the 25,000 and if we see that it's worth the rest, we can take that up at a later date. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess I support both the comments that have been made. I was not wooed by the presentation that was made for additional funds and I'm still a little concerned at what value there is, even in the 25,000 dollars, but there is merit and synergy with the group that is being pulled together and I would be willing to maintain that level, but no more at this point in time. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor, I believe we heard have from the Council that they would like to see the line item unrestricted, meaning that the Council in the future could choose to allocate that towards this initiative if they choose. I did hear that we need some more information and, certainly, I would be more than happy to spearhead that. In addition, the Council may find other actions and studies which may also merit that and so certainly we can bring that back forward as well. De Weerd: Okay. Thank you. So, if there is no public testimony, I will -- Donnell: Madam Mayor? De Weerd: Yes. Donnell: Prior to making a motion and acting on this budget, I just need to make a statement that I thought a lot about after I read the letter to the editor this morning in the paper about us giving ourselves raises. And J don't know if there are people here that are here in response to that, but since we gave them an opportunity to speak, I guess J would like to. One of the comments that was made -- a point that was made had to do with the fact that we as public agents give ourselves raises. And I thought about in my- - all my experiences over this long life -- and I hope it's a lot longer and maybe not so much it will be after tonight, but the -- I don't know of very many groups that don't give themselves raises. Having dealt with teachers' negotiations, they ratify the contract and they give themselves a raise. I just attended a Valley Ride meeting yesterday at the Compass headquarters and we approved the negotiations from the bus drivers and all the Valley Transit and they gave themselves a raise. There probably are every union or association that goes through a negotiating process, that's exactly what they are doing is giving themselves a raise. I just want to have it on record that even though I'm going to be voting for this budget tonight, which includes a raise, we didn't initiate that, nor did we make the decision that it was an appropriate raise. That came through a citizens' committee and I think it is appropriate. When I think of the number of hours that I am away from my family, that -- the miles that I travel to attend Valley Ride management meetings and board meetings, the many other events that we are expected to attend from the firemen's salmon barbecue to the employee picnic to ribbon cuttings and presentations and meetings, I, frankly, think that the time that we spend, pJus the gas in our car and the wear and tear on our automobiles, this is pretty paltry. So, I just want to go -- now having said that, when I agreed to seNe I didn't realize it was even a paid position. So, I didn't expect any pay, but considering that it is provided, I just certainly appreciate it and appreciate the consideration that's been given by the citizens committee, that it should be in keeping with the surrounding cities that our -- at least our side and that J'm going to feel very comfortable voting on it. I still wish it were 8,000 a month, instead of 8,000 a year. So, that is my soapbox tonight. De Weerd: Any other comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd like to thank Christine for making that comment. I feel that the process we went through is fair, it's above and beyond what state statute requires of any elected body to follow. I really appreciate the time and energy that Mr. Nary and the citizens advisory went through. I appreciate the consideration they have given the Mayor and ( Meridian City Council Special Meetin!; August 30, 2005 Page 10 of 24 the Council and City of Meridian in their recommendations. I like Chris, I spend a lot of time, a lot of energy, and probably not near enough in terms of getting to all the events of the city, but it does take time, it does take time away from your job, it takes time away from your family and, again, it -- I'm not here because of the compensation, but it makes it a little more comfortable. De Weerd: Anymore comment? Donnell: Well, I was on a roll, Madam Mayor; I'd like to make one more. De Weerd: Okay. Donnell: Because I forgot one part of my in-my-head speech as I was driving to work this morning. And that was the compensation that we are going to approve for you, or whoever were in this position as mayor, and, again, I'm going to say the same thing, I have been amazed at the number of events, the responsibilities, the time commitment, the time away from your family and you still have kids at home, too, which is something I can't say. I just want to spend more time with my grandchildren, so -- but I also think that that is absolutely justified and appropriate, so -- De Weerd: Thank you. Okay. I did give the audience opportunity to comment. If there is no comment, Council? Bird: I move we close the Public Hearing. Rountree: There is a comment. De Weerd: You have to come up to the mike. If you will state your name and address. Nye: Michael Nye, 2070 West Lasher Court, Meridian. De Weerd: Thank you. Nye: I had a question on how the amount of the raise was established. De Weerd: I will defer that question to Mr. Nary. Nary: Certainly. Madam Mayor, Members of the Council, and the public, at the budget hearing the Council made a determination for a preliminary amount to set in the budget. What they asked and directed me to do as the HR director was to comprise a citizens' committee to provide some feedback and input as to those amounts and what would be fair and appropriate. We comprise -- we gathered five different citizens from the community. One is the incoming Chamber of Commerce president. One person was a former Councilmember. One member was a member of our Planning and Zoning Commission and a former member of the Parks and Recreation Commission. One was a member of the management team for City Hearts out at Silverstone. And one was I Meridian City Council Special Meetin\:! August 30, 2005 Page 11 of 24 just a member of the community, just a citizen -- a long time citizen. What that group did was they evaluated the state statute and the city ordinance as to what the duties and responsibilities of both the Mayor and the City Council are. They looked at a number of different cities throughout state, small and large, Nampa, Caldwell, Boise, as well as some other states -- or other cities, like Coeur d'Alene, Lewiston, Twin Falls, Pocatello, Idaho Falls, looked at what their mayor and council compensation is, both salary, as well as other benefits that they receive. They looked at the long period of time since Council salaries has been raised. It's been more than ten years since the Council increased -- has had any increase at all. They looked at the history of the Mayor's salary in this city. One of the things they evaluated was that the way elections are geared is that the evaluation has to be done prior to each general election. The Mayor's salary was last evaluated in 2001, which was interim between election. They recognized in 2003 before the last election that that analysis, in comparison, was not accomplished -- wasn't done at that time to determine if the Mayor's salary was commensurate with the job and the responsibilities and expectations. So, they made a couple of recommendations. After looking at all of that various information and trying to philosophically decide what's the appropriate level and what's fair in comparison to what the job is and all of that, they recommended a couple of different things and that's what on the ordinance that's on the agenda, because the state statute requires that any increases also be enacted, not just by a budget, but by an ordinance. So, they recommended a few things and they signed the letter that was prepared and given to the city clerk and they recommended, first, that the Council salary be increased in the next budget. So, as of January of '06 to 8,000 dollars annually from what is currently 6,000 dollars annually. They recommended that it be increased additionally another thousand dollars the following January to 9,000 dollars. They recommended the Mayor's salary be adjusted to compensate for the fact that it wasn't done in 2003. So, they recommended an increase of five percent to the Mayor's salaries currently and also an additional five percent increase as of January 1 st of 2006. So, there is two increases, but one was meant to compensate for the fact it wasn't done when it should have been done in '03, as well as what they felt was appropriate to increase it in this coming January. They also recommend an additional increase in January of 2007 of an additional five percent and they recommended moving it to the projected number, what the Council had proposed as a possible salary was 65,000 dollars annually in this coming budget. They recommended that be moved before the next -- by the next election in 2007 for Mayor, so that would be effective in January of 2008. But in conjunction with that they also recommended that a committee like this type, made up of business leaders, citizens, former Council member, be formed again prior to the budget to, again, provide input to make the same sort of study and analysis as to what's appropriate, you know, commensurate with the valley and the job and the expectations and the size of the city and all those things. They recommended a couple different things in regards to salary for Mayor, Council, as well as for a mechanism in the ordinance to require that this analysis be done every year that a mayoral election is to be held prior to the budget hearing for the Council. Nye: And did the committee approve the original Council recommendation or was it adjusted? \ Meridian City Council Special Meeting August 30, 2005 Page 12 of 24 Nary: The committee recommended the original Council recommendation, but -- and, understand, the Council's recommendation at the preliminary budget was because that's the highest they could set it and statutorily once we have published a tentative budget, the Council can't increase that budget at that point. So, what the Council did was set a preliminary number of 8,000 for Council members and 65,000 for the Mayor and, then, ask for that input. The committee agreed with the 8,000 figure and, as I stated, recommended an even higher increase, an additional thousand dollars in '07. They recommended interim increases for the Mayor's salary. Instead of one one-time increase to 65,000 dollars, but interim increases and, then, getting that salary to the 65,000 dollar mark prior to the next election to be effective in January of '08. Nye: So, there is no adjustment that can be made at this point to that? Nary: Well, certainly, the Council has the ability to adjust that down to -- or to some other number or they can leave it at the 65 that they had budgeted if they wish. The ordinances on the Council's agenda tonight, that statutorily it has to be published prior to September 9th to be effective after the election. This is our last meeting before that date to accomplish that. So, they can -- the Council can amend the ordinance that's on the agenda. They can reflect some different numbers if they wish. We can correct those numbers and still publish it timely. Nye: Thank you. I'm for the raise. Rountree: Thank you. De Weerd: Thank you. Alderman: My name the Curt Alderman. My address is 1904 East Pratt Street in Meridian. And in terms of the raise for the position of Mayor and for the City Council, my comment really revolves around the fact that I -- in seeing the Treasure Valley and the rates of growth, the issues that the City of Meridian is dealing with, I think Meridian is a highly progressive city and I have concerns as to the well being of the City of Meridian. I think that we need to be able to reflect that the Mayor's job has increased substantially since 2001. I also think that in comparison with other positions and other CEO's, that that needs to be more balanced out and that the idea of having something for 2000 -- I think it was '07, it ought to be a little bit sooner than that. I think that in order to have good quality candidates for City Council and Mayor, that needs to be reflective right now. So, I would like to see those increases happen immediately, as opposed to later on down the road. I think it's a testament to the fact that Meridian's growth rates and so forth have so far out paced many many things in the Treasure Valley that I think the salary for the position of Mayor and City Council ought to be reflective as it approaches the challenges that are going to be faced in those positions. De Weerd: Thank you, Curt. Okay. Is there any further comment? You know -- and he did raise a point. You just passed a budget that's close to 90 million dollars and [ ( Meridian City Council Special Meeting August 30, 2005 Page 13 of 24 think four years ago or -- when I came on Council it was in the 40 million. So, you have seen quite a lot of change, haven't you, Mr. Bird. Bird: When Charlie went off and I come on I think it was at nine million. Rountree: I think it was 14 million. Bird: Fourteen million. Yeah. We have seen a change. De Weerd: Yes. If there is no further comment, I will entertain a motion to close. Bird: So moved. Rountree: Second. De Weerd: Okay. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Ordinance No. 05-1174 Creating a New Title 1, Chapter 7, Section 9 of the Meridian City Code Providing for City Council Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor and City Council: De Weerd: Ordinance No. 05-1174 is creating a new Title 1, Chapter 7, Section 9 of the Meridian City Code providing City Council compensation. Berg: Madam Mayor? De Weerd: Yes. Berg: May I interrupt for just a second? De Weerd: You bet. Berg: I think you need to have the Council direct the attorney to draw up an ordinance for the next meeting in accordance with the appropriation that you were approving in the budget hearing. I mean that direction and have that ordinance prepared, so we have that on the agenda and approve it, so we can do our L-2 forms for the county. Nary: Thank you, Council. Yeah. Mr. Berg was right. The Council -- if you're going to approve your budget, you need to, then, direct us to bring -- statutorily we have to pass the budget by ordinance. So, what you need to do, then, is direct us to return that ordinance. This ordinance in front of you is only dealing with your salaries, because of the date requirement for that is different than the date requirement for the ordinance. ( Meridian City Council Special Meetin!::l August 30, 2005 Page 14 of 24 De Weerd: Thank you for the confusion. Nary: Sorry for the confusion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would move that we direct the city clerk and attorney to draw ordinance showing the approval of the fiscal 2006 budget. Rountree: Second. De Weerd: Okay. We have a motion to approve the budget as presented tonight. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item No.8. Mr. Berg, will you, please, read this ordinance by title only. And that's 05-1174. Berg: Thank you, Madam Mayor. I'm just making sure I have the correct one. Ordinance 05-1174. An ordinance creating a new Title 1, Chapter 7, Section 9 of the Meridian City Code, providing for City Council compensation and providing for a citizens review committee to provide recommendations to the City Council for future compensation of the Mayor and City Council and providing for a summary and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Thank you so much for not saying yes. Bird: Madam Mayor? De Weerd: Yes. Bird: While I agree that -- and I really like the idea of having a comP!3nsation committee, there is some recommendations I would like to see on it. I would like to see it at least be a seven membership, seven people, and no public employees. Anybody that works for a public entity would not be on the compensation committee. And it's nothing against them or anything, but I think it just looks better for the elected officials. De Weerd: Okay. Meridian City Council Special Meeting August 30,2005 Page 15 of 24 Bird: Because, after all, some of them we are their boss. De Weerd: Okay. Do we have that on this one? Rountree: No. Berg: Madam Mayor, it doesn't specify and say that they adopt a committee. If you read in paragraph C, it just says the membership of the committee may be determined by the City Council with input from the Mayor. So, at the time the Council is reviewing their compensation package of whatever degree, they could put together and put parameters for that committee and it could be established and go forth with the recommendation. So, it may vary from time to time of what the needs may be at the futu re date. De Weerd: Okay. But with the change of seven members. Correct, Mr. Berg? Bird: I would like to see seven members. I know we -- this time we only had five, because it was such a short notice, but if we set this up as a regular every four years, every two years, we can -- we will certainly have time to get seven members on it. De Weerd: Would you like to set the number of seven? Right now it's open-ended. Bird: I'd like to see it set at seven. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: If the Council would like, we can -- I can go prepare an amended ordinance right now. If you want to pass over this one, I could go -- we can set these aside, we can amend the ordinance and bring that back here. Bird: Let's see if the rest of the Council agrees with it. Nary: In ten minutes if that's what your preference is. De Weerd: Council? Nary: Because we want it to be reflected in both ordinances. Rountree: Madam Mayor? De Weerd: Okay. Thank you. Mr. Rountree. ( Meridian City Council Special Meeting August 30, 2005 Page 16 of 24 Rountree: My comment on that is I'm okay with seven. I would say the language ought to be a minimum of seven, because at some point in time they may want more. Bird: That's right. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor. Mr. Nary, just for clarification. Because we are setting this committee by ordinance they also fall under the category for all public meeting laws and same things that come along with the standard committees for the city; is that correct? Nary: Madam Mayor, Members of the Council, Councilmember Wardle that is correct. They would be subject to the public meeting requirements. De Weerd: Okay. Thank you. Is there any further discussion? (End of side one, tape one.) De Weerd: -- agreeable to everyone the change? Donnell: Uh-huh. Rountree: Fine with me. Donnell: It is fine. De Weerd: Mr. Berg. Berg: Madam Mayor, if you establish a sentence to insert into that paragraph, we can sure approve it with that amendment, and, then, it could be published as such. De Weerd: Okay. Nary: If that's satisfactory to the Council, Madam Mayor, we can certainly do that, and, then, we will just get the corrected ordinance to Mr. Berg for signature and publication. Bird: Madam Mayor, then, I would make a motion that we approve Ordinance No. 05- 1174, with the addition of one sentence that it will be a minimum of seven committee members. A minimum of seven. Rountree: I will second. De Weerd: Okay. The motion is to approve Item NO.8 with the amendments as stated. Is there any further discussion? Donnell: Madam Mayor? \ Meridian City Council Special Meellng August 30, 2005 Page 17 of 24 De Weerd: Mrs. Donnell. Donnell: Mr. Bird, did you also want to include in there that no employees could be on the committee? Bird: No. We are going to leave that. That's up to each Council. Donnell: Okay. Bird: Let each Council do that. Donnell: All right. De Weerd: Okay. Donnell: Good. De Weerd: Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: Ordinance No. 05-1175 Creating a New Title 1, Chapter 6, Section 5 of the Meridian City Code Providing for the Mayor's Salary and Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor and City Council: De Weerd: Okay. Item No. 9 is Ordinance 05-1175. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1175, an ordinance creating a Title 1, Chapter 6, Section 5 of the Meridian City Code, providing for the Mayor's salary and compensation and providing for a citizens review committee to provide recommendations to the City Council for future compensation of the Mayor and City Council and providing for a summary and for providing for a waiver of the reading of the rules and providing an effective date. And I would just say that you need to repeat that motion for Section C to make it consistent with the other. De Weerd: Okay. Is there anyone in the audience who would like to hear this read by it's entirety? In its entirety. Thank you. Council. Bird: Madam Mayor? Meridian City Council Special Meetiri!,/ August 30, 2005 Page 18 of 24 De Weerd: Mr. Bird. Bird: I move that we approve Ordinance 05-1175 and that we add within the committee minimum of seven committee members and pass this with suspension of rules. Donnell: Second. De Weerd: And what is that added? Bird: To the committee. It's down on -- Rountree: Section B. Bird: -- Section B there. Same sentence that we added in the last one. De Weerd: Okay. Is there any further discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: Ordinance No. 05-1179 Amending Title 1, Chapter 8, Section 4 of the Meridian City Code Deleting Mayor and City Council Salaries: De Weerd: Okay. Item No. 10 is 05-1176. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1176, an ordinance amending Title 1, Chapter 8, Section 4 of the Meridian City Code deleting Mayor and City Council salaries and providing for a summary and providing for a waiver of the reading rules and providing an effective date. This ordinance was to delete from the previous code, to take it out of appointed positions section and put it in the rightful duties of the Mayor and the City Council. Clean up. De Weerd: Thank you, Mr. Berg. Okay. You have heard this ordinance 05-1176 by title only. Is there anyone who would like to hear it read in its entirety? Mr. Berg, will you please read this ordinary by -- in its entirety. Berg: Thank you. Madam Mayor, I just read the summary. After the summary, be it ordained by the Mayor and City Council that the City of Meridian, Idaho, Section 1, Title 1, Chapter 8, Section 4 of the Meridian City Code is hereby amended as follows: 1-8-4, Salaries. Strike out A, elected officers. Strike out Mayor, the salary of the Mayor shall be 65,000 dollars per year payable at $4,583.33 monthly. Strike out Council. The salary of each member of the Council shall be 500 dollars per month payable monthly. Ordinance 01-925, September 4th, 2001, effective, September 1st, 2003. Added A. I Meridian City Council Special Meetinl" Augusl30, 2005 Page 19 of 24 Strike out B. Appointed officers as written. The salaries of appointed officer shall be fixed and -- set and fixed by the Mayor and Council and shall be paid monthly. B. Strike out C as written, employee salaries of city employees shall be set from time to time by the Mayor and City Council. Section 2, that pursuant to an affirmative vote of one half plus one of the members of the full Council and rule requiring two separate readings by title and one reading in full and the same is hereby dispensed with and accordingly this ordinance shall be in force and effect on passage of approval and publication, passed by the City of Meridian, city -- excuse me. Passed by the City Council of the City of Meridian this date of 2005, approved by the Mayor of the City of Meridian this date of 2005. De Weerd: Thank you, Mr. Berg. Will you just give a summary, again, as to what this was to accomplish. Berg: This last ordinance was amending and striking out the section that dealt with the Mayor and Council's salaries that was in the appointed officers section of the code. The first two ordinances we created new ordinances to put into these sections that was arranged with the -- was hidden in the ordinance and it was pretty tough to find in the Meridian City Code, so we deleted what was there currently and added in the new sections and put it in the proper places. De Weerd: Okay. Thank you. Okay. Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance 05-1176 with suspension of rules. Bird: Second. De Weerd: Okay. The motion is to approve Item No. 10. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Annual CPI Rate Adjustment for Solid Waste Collection Services by Steve Sedlacek and Bill Gregory with SSC: De Weerd: Thank you. Item 11 is the annual CIP rate adjustment for solid waste collection services. We have Mr. Sedlacek here to address Council. Sedlacek: Madam Mayor, Members of the Council, I believe you have in your information a memorandum from us, dated August 22, regarding our annual CPI rate ( Meridian City Council Special Meetiri8 August 30, 2005 Page 20 of 24 adjustment. This is an annual thing that we do. This is our only mechanism for adjusting our rates. But to realize cost changes in our environment that we work in, particularly fuel and insurance and things like that. In our contract we are allowed to do the CPI adjustment. The adjustment this last year came in at 2.95 percent. We take 90 percent of that. So, it's a 2.66 percent rate increase. We, obviously, exclude anything related to the county landfill fees. Those fees were just adjusted in July, so we can't adjust on that adjustment. That wouldn't be fair to anybody. Basically, we go through the iterations and come out with a -- what you see on the second page. We have a range of adjustments from 1.1 percent to 2.6 percent, depending on the type of services. There is a range there, because different services have different proportions that are disposal, which are the county fees. So, you get this range of changes. Basically, the residential rate, if you go with this methodology, will go up 20 cents per month and, then, you can see on the last few pages or are the actual -- the new rate structure that would go into effect October 1 st and we show the commercial can rates, the commercial containers, the roll-off rates, the current and the proposed structures for those. I would suggest that we -- if this is something you approve, that we instigate this or implement this effective 10/1/05, but it would be -- the first effective billing cycle would be the November 1 st billing cycle. So, we would not get into the position where we adjust the rates a little bit for the mid month cycle and, then, adjust them fully for the final one. Where, we have different notices going out to the public, like we did -- and we had to do that on the Ada County landfill rate adjustment, because that was an immediate and severe rate increase. I would suggest that we just do it once and those that get billed in the middle of the month will get an extra two weeks to -- well, they will get ten cents off their bill, which is not a big deal for us. Are there any questions about this? De Weerd: Council, do you have any questions? Bird: I have none. De Weerd: Mine is more procedural. Mr. Nary, on -- it's under the three percent or five percent. What is the appropriate next step? Nary: I don't -- I don't think it's been any different in the last few years on the amount. I don't know that -- have they done it by resolution? Mr. Berg, is that -- you can pass it by resolution or what you could direct is for us to return a resolution reflecting that increase of 2.66 percent, effective at 10/1. We can bring that back to you, we can approve that, then, by resolution. There is no necessity to have a public hearing when it's under five percent. Sedlacek: I do have a copy of the resolution from two years ago, if that helps. Nary: Sure. Meridian City Council Special Meeting August 30, 2005 Page 21 of 24 Berg: Madam Mayor, the resolution is just a better way to keeping track of the record for resolution. The resolution is a mechanism of keeping track. We have complied with the statute in not having to require a public hearing, because it is under five percent. De Weerd: Thank you. Okay. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you, Steve. Sedlacek: Thank you. De Weerd: Okay. Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we have staff prepare a resolution to address the revised fee schedule as presented by assessed fee for solid waste collection for the City of Meridian. Bird: Second. De Weerd: Okay. The motion is to approve the request. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Could I -- before we get off this, you know, it's such enjoyable to have SSC bring rate increases, because they always -- I wish we were as efficient within our ownself as they are. They always come prepared and show exactly why they need to have the rate increase. It's not pulled out of the air. And I certainly appreciate it as a person that has to enact upon rate increases, because of the professionalism that they do and we need to take -- within our owns elves need to watch this and proceed in the same method. Thank you, Steve, very much. Meridian City Council Special Meelinl,J August 30,2005 Page 22 of 24 Item 12: Ordinance No. 05-1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re-Enacting a New Title 11 To Be Known As the Unified Development Code (3rd of 3 Readings): De Weerd: Thank you, Mr. Bird. Thanks, Steve. Okay. Item No. 12 is Ordinance 05- 1170. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1170. An ordinance enacting a new provision of the Unified Development Code pertaining to development along state highways to be codified -- Nary: The other one. Berg: The other one? Nary: 1170, I think, Mr. Berg, is the -- Berg: Yes. Nary: -- omnibus ordinance within the state highway one that's 1171. Berg: Sorry. Madam Mayor, Members of the Council, 05-1170, an ordinance repealing existing zoning and subdivision regulation codified at Title 11 and Title 12 of the Meridian City Code, reenacting a new Title 11 to be known as Unified Development Code and providing an effective date. De Weerd: Okay. You have now heard this ordinance read by title only. Is there anyone -- and I have to ask this every time. So, if you get sick of hearing me ask this, I'm sorry. But is there anyone who would like to hear this read in its entirety? Usually we only have Frank that hangs with us this long. Okay. Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve, excuse me, Ordinance 05-1170. Wardle: Second. De Weerd: Okay. Motion to approve Item No. 12. Ifthere is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council Special Meeti~~ August 30,2005 Page 23 of 24 Item 13: Ordinance No. 05-1171 Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term "Approachu to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (3rd of 3 Readings): De Weerd: Thank you. Item 13. I imagine Mr. Rountree-- Rountree: Madam Mayor, I need to recuse myself on this item. De Weerd: Okay. Mr. Berg, will you, please, read Item 13, Ordinance No. 05-1171, by tile only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1171, an ordinance enacting a new provision of the Unified Development Code pertaining to development along state highways to be codified at Title 11, Chapter 3, Article H of the Meridian City Code, adding a new definition of the term approach to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code and providing an effective date. De Weerd: You have heard this Ordinance No. 05-1171 read by title only. Is there anyone who would like to hear it read in its entirety? Hearing none, Council, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 13, Ordinance No. 05-1171. Donnell: Second. De Weerd: Okay. There is a motion to approve Item 13. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. De Weerd: Okay. I would entertain a motion to adjourn this City Council special meeting. Donnell: So moved. Bird: Second. ,~ ( Meridian City Council Special Meeting August 30, 2005 Page 24 of 24 De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We will reconvene on the joint workshop with Planning and Zoning special meeting in ten minutes. MEETING ADJOURNED AT 7:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ctre;;dian' '\ NOTICE OF SPECIAL MEETING ~.~.4 MERIDIAN CITY COUNCIL I 190NOTICE IS HEREBY GIVEN that the City Council of the City of MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/846-7366 Public Works 660 E. Watertowel' Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Stl'eet 888-5242/ fax 884-1159 Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, August 30,2005 at 6:00 P.M. The Meridian City Council will discuss the following items: - Findings of Fact and Conclusions of Law for Approval: TCU 05-001 Request for transfer of Conditional Use Pennit for a childcare center for ABC Child care and Preschool by Leslie Gonzalez - 650 West Broadway Avenue - Lease Agreement with Fanners and Merchants State Bank for Office Space - Public Hearing: 2005/ 2006 Fiscal Year BUdget: - Ordinance No. : Creating a New Title 1, Chapter 7, Section 9 of the Meridian City Code Providing for City Council Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor and City Council - Ordinance No. : Creating a New Title 1, Chapter 6, Section 5 of the Meridian City Code Providing for the Mayor's Salary and Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor and City Council - Ordinance No. : Amending Title 1, Chapter 8, Section 4 of the Meridian City Code Deleting Mayor and City Council Salaries - Annual CPI Rate Adjustment for Solid Waste Collection Services by Steve Sedlacek with SSC - Ordinance No. 05-1170: Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re-Enacting a New Title 11 To Be Known As the Unified Development Code (3rd of 3 Readings) - Ordinance No. 05N1171: Enacting a New Provision ofthe Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Tenn "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (3rd of 3 Readings) \\\\\\\\~I~~/III "",..:~..... Or l' 'tj;!?t 11/1/,/ The public is welcome to attend the meeting. ;- a ~POR4h \11>- "~ f ~ ~& t DATED 26th day of August, 2005. :: ~ WILLIAM G. BER , J \- . ~\;~~Qi .f /- Meridian City Council Special Meeting - August 30, 2005 PaW; ~f 1 '0"'<' .::~' All materials presented at pu bUc meetings shall become property of the CitY/A! QerJ9~rr-"( ,'\ \ \' ", Anyone desiring accommodation for disabilities related to documents and/or nearingl?'ll \ \" \ \' \ please contact the City Clerk's Office at 888-4433 at feast 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CI1l' AITORNEY / HR- FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887"4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 05 08/26 14: 37 3810160 EC--S 00' 5S" 001 243 OK 06 08/26 14: 38 PUBLIC WORKS EC--S 00'36" 001 243 OK 1)7 09/26 14: 39 12084664405 EC--5 00'36" 001 243 OK 09 08/26 14: 41 8841159 EC--S 00'37" 001 243 OK 09 08/26 14:42 2088840744 EC--S 0B'36" 081 243 OK 10 08/26 14: 43 POL I CE DEPT EC--S 00'36" 001 243 OK 11 08/26 14:44 898S501 EC-S 00'36" 001 243 OK 12 08/26 14:45 LIBRARY EC--S 013'46" 001 243 OK 13 08/26 14: 46 92083776449 EC--S 00'36" 001 243 OK 14 08/26 14: 48 P-AND-Z EC--S 013'36" 001 243 OK 15 08/26 14:49 FIRE DEPT EC--S 00'35" 001 243 OK 16 09/26 14:50 128300840 (;3-5 00' 41" 801 243 OK 17 1218/26 14: 51 208 387 6393 EC--S 00'36" 081 243 OK 18 08/26 14:52 ADA CTY DEUELMT EC--S 00'36" 001 243 OK 19 88/26 14: 53 2088885052 EC--S 013'36" 001 243 OK 20 08/26 14: 54 CHERRY LANE G3--S 00'55" 001 243 OK 21 08/26 14:56 IDAHO ATHLETlC C EC--S 0121'36" 001 243 OK 22 08/26 14:57 ID PRESS TRIBUNE EC--S 00'35" 001 243 OK 23 08/26 14:59 2088886701 EC-S 013'36" 001 243 OK 26 09/26 15:02 3886924 EC--S 013'36" 001 243 OK -.......----------..--------.......---------...---------.......--------.......--------.......--------...---------------- t\ca.::,e. rOS-t tif rub\ \ (, 1\lOttcc.... - IVlUY\IGSI.1 ~;;di~n \~ NOTICE OF SPECIAL MEETING ~~~....-m;! MERIDIAN CITY COUNCIL I"NOTICE IS HEREBY GIVEN Ihat the City Council of the City of MAYOR Tammy de We.cd Crl'Y CDUNCll M~MOF.R5 Keith llird (.'JU';,;tine DoonelJ Ch"rI.. M. Rounlr~ ShaUll Wordl. CITY D~r^RIMliNTS Fire 54~ C. Pranklin Rood 888-1234 / fa~ 895.0390 Park. &: 11ecrealion I I W. Dowel' Stroot 888.3579/ fox 898.5501 ~i~n;j~,tertow~r 1.I:l'w Suite l02 BB4-5533 / fax 8B8-6844 Polic~ 1401 E. W,\l~rtower Lane 888.6678 I 846-73fif, Public Works 660 E. WotNtower lane Suit<; 200 898-5500 / fox 898-9551 - Duildiog 660 1;:. Waler(ow~r Lane Sulle 150 $7-2211 /la"8B7-1297 - W~';t~WlJter 3401 N. Ten Mile Road 888-2191 / (ax 884-0744 . Water 22,S N.W, 8th SireN 866-5242 / I.x 864-1159 Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, August 30, 2005 at 6:00 P.M. The Meridian City Council will discuss the following items: - Finding!; of Fact alld COllclusions of law for Approval: leu 05-001 Request for tran.sfer of eondilional Use Pennlt for a chirdcarn center for ABC Childcllre and PreschOOl by Leslie Gonzaloz _ 650 West BrOadway Avenue - L~se AgrolillllolTl wlth Fanners and Merchants State Bank for Office Space - Public Hearing: 2005 I 2006 Fiscal Year Budget: - Ordinance No. _: Crea'llng II New Title 1, Chaptor 7, Sectlon 9 of the Meridian City Code ProYidlng for City Council Compensation and Providing for II Citizon's Roview Committee to Provide Recommendations to the City Council for FutuT\l Compensation of the Mayor and City Council - Ordinance No. _: Creating II New TiUe 1, Chapter 6. Section 5 of the Meridian City Code Providing for the Mayor's Salary and Compensation and prOyidlng for a Citizen's Review Committee to proyi(le Rllcommondations to the City Council for FllIure CompenSlltfon of tho Mayor and City council - Ordinance No._: Amending Tlt!e 1, Chapter 8, Section 4 of the Meridian City Cocle Deleting Mayor <lnd City Council Salaries - Annual CPI Rate Adjustment for Solid Waste COllection SOlVlcDs by stove Sodlacek with SSC - Ordinance No, 06-1170: Repealing Existing Zoning and Subdivision Regulations COdified at Tltr011 and Title 12 of the Meridian City Code; Re-Enacting II New Tille 11 To Be Known As the Unified Development Code t3rd Of 3 Readings) - Ordinance No, 05.1171: Enacting a Now Provision of the Unified Development Code PertlliniJtg to Development Along the State Highways to Bo Codlrlf!d at litre 11, Chapter 3. Article H of the Meridian City Code; Adding II New Definition of the Term ~Approllch" 10 Tdlo ii, Chapter 1, ArticreA. Section 1 of the The public is ::~::: ~~a:::dl:~: ::::.ngs) _/"'~~\":. DATED 26th day of August, 2005. _ WILLIAM G. BER ,J ~ - rt!~CLERK<:; J? / "~=:~~tis'\S:j~ii~~~~;.,/. CITY HAll. 33 EAST IDAHO A VENlJE MBRlDlAN, IOAHO 83642 (208) 888-4433 <.:I1YCl.ERK" 'AX AAx"'?l~ Cl1'Y AITDRNI'Y' HR - MX ~S.'''41 FINANCE <<lHiUIT DJlUNC- FAX ~~7-4S13 MAYORS OfFICE- FAX~~"'\1" l'tif\~-ed On n:c;yd.:d pi\p", August 26, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Leslie Gonzalez TCU 05-001 August 30, 2005 ITEM NO. 5-A REQUEST Findings for Approval- Request for Transfer of Conditional Use Permit for a childcare center for ABC Childcare and Preschool - 650 West Broadway Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materlals presented at public meetings shall become property of the City of Merldlan. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR Leslie Gonzales to transfer CUP-00-058 for a daycare of up to 24 children. The site is located at 650 W. Broadway Ave. CASE NO. TCU-05-001 ORDER OF TRANSFER OF CONDITIONAL APPROVAL This matter coming before the City Council for Transfer of Conditional Approval pursuant to Meridian City Code S 11-17-10 for transference of same use and the Council finding that the Administrative Review is complete from Joseph Guenther, Associate City Planner, for the Planning and Zoning Department, dated: Hearing Date: August 30, 2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by Leslie Gonzales, is approved subject to those conditions of Staff comments as set forth in Exhibits B and C of the attached staff report to the Mayor and City Council, from Joseph Guenther, Associate City Planner, for the Planning and Zoning Department, dated: Hearing Date: August 30, 20051isting Conditions of Approval for TCD-OS-OOI and CUP- 00-058, a true and correct of which is attached hereto marked Exhibits Band C, and consisting of four (4) pages, and by this reference incorporated herein. 2. The site plan upon which the conditional approval is based is attached hereto marked Exhibit A. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY T AKlNGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR TRANSFER OF CONDITIONAL USE FOR Leslie Gonzales (TCD-05-00l) Page 1 of2 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed, Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the J.&~ day of ~o./ , 2005. Attest: By; \ \..ll.liY\.h ~ ~ lJ'I\ Dated: 8 ~ ~ \ -os ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR TRANSFER OF CONDITIONAL USE FOR Leslie Gonzales (TCU-OS-OOI) Page 2 of2 STAFF REPORT CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 TO: FROM: SUBJECT: City Council Hearing Dates: August 23, 2005, August 30,2005 Meridian City Council Joe Guenther, Associate City Planner ABC Childcare and Preschool . TCU-D5-001 Transfer of a Conditional Use Permit for a Daycare 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Leslie Gonzales has applied for transfer of CUP-DO-058 for a daycare of up to 24 children. The site is located at 650 W. Broadway Ave. This site is currently operating under the conditions of approval of the existing daycare. 2. SUMMARY RECOMMENDATION The subject property is within the Urban Service Planning Area. The transfer of conditional use permit has been submitted to the Planning & Zoning Department for the existing approved Conditional Use CUP- for ABC Childcare and Preschool. Conditional use permits, once they are approved, normally run with the land, and upon sale of the property are transferred to the new owners without further application, however, home occupations & childcare facilities are the exception to MCC 11-17. Staff recommends transfer of Conditional Use Permit CUP-00-058 with the condition as shown in Exhibit C. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 650 W. Broadway Ave NW ~ ofSE ~ 3N1W12 b. Owner: Janet and Dahl Torgerson 650 W. Broadway Ave, Meridian Id c. Applicant: Leslie Gonzales 69 S. Frontier, Nampa Id d. Representative: Leslie Gonzales e. Present Zoning: R -15 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: Date of CUP site plan (attached as Exhibit A): July 22,2005 h. Applicant's Statement/Justification: The applicant is currently working for ABC Daycare and wishes to work with the current owners to maintain the existing daycare environment. 4. PROCESS FACTS ABC Childcare and Preschool TCU-05-00 I PAGE 1 CITY OF MERJDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Transfer of conditional use permits for childcare facilities for the same use for which the original conditional use was approved are required to petition the City Council for approval (MCC 11-17-10). 5. LAND USE a. Existing Land Use(s): R-15, With a Daycare b. Description of Character of Surrounding Area: Multi-Family Development R-IS c. Adjacent Land Use and Zoning 1. North: Singlefamily residential home andfour-plexes, zoned R-15, separated from lot by a 6-foot, cedar fence (good condition). 2, East: Singlefamily residences. 3. South: Capital Concrete Products contractor/manufacturing yard is directly across Broadway, screened with a 6-foot chain link and barbed fence/gate. Other commercial/office buildings. 4. West: Twofour-plexes with attached carports. Additionalfour-plex units are on the west side of West iIJ Street. d. History of Previous Actions: CUP-OO-OS8 approved in 2001 d. Existing Constraints and Opportunities 1, Public Works Location of sewer: Existing in Broadway Ave Location of water: Existing in Broadway Ave 2. Vegetation: Existing as shown on Site Plan 3. Flood plain: NA 4. CanalslDitches Irrigation: None 5. Hazards: None 6. Size of Property: appx 7480 sqlft 7. Description of Use: Daycare 6. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Daycares as conditional use in the R -15 zoning district. 7. EXHmITS A. Drawings CUP Site Plan- Dated July 22, 2005 B. Transferring Conditions of Approval for CUP-00-OS8 C. Condition of Approval for TCU-OS-OOI ABC Child care and Preschool TCV-05-DO I PAGE 2 A. Drawings 1. Site Plan (dated: July 22,2005) 511:. PLAN ABC Childcare and Preschool Drawings EXHIB.IT A B. CUP-OO-058 Transferring Conditions of Approval CONDITIONAL USE SITE SPECIFIC REQUIREMENTS 1. Sanitary sewer and water to this facility would be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian, An assessment agreement is a vehicle that protects the City of Meridian and the applicant in the event that estimated assessments are not in line with actual usage. The agreement provides for reimbursement to the applicant for overpayment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2. Parking: Daycare centers are required under the Off-Street Parking Ordinance (11-13) to provide one (1) space for every ten (10) children, plus one (1) space per staff member. At the proposed number of 24 children, a minimum of 5 off-street parking stalls would be required (assuming 2 for children and 3 for staff - but the staff and parking number could increase depending on the ages of children at the center). There are currently only four (4) off-street stalls shown on the Site Plan (two in the garage and two in the new parking lot), leaving a deficit of one (1) stall. At the P&Z Commission hearing, the Applicant should address their anticipated staffing and parking demands. If the off-street parking requirement cannot be met on the site, the Commission should consider either reducing the total number of children allowed at the center or, possibly, the Applicant could submit a Variance application to allow on-street parking. 3. The Meridian Fire Deparhnent does not have a minimum ratio of outdoor play area, but 25 s.f. per child for outdoor play areas is a commonly used ratio. At this ratio, the outdoor play area proposed (approx. 3,162 s.f.) would exceed this ratio. 4. The floor plan submitted with the application shows the interior, usable floor area for children to be approximately 810 s.f. The Meridian Fire Department requires a minimum of35 s.f. per child for internal use areas. At 810 s.f., this would allow for a maximum of23 children at the existing building. However, since the MFD is charged with making the final maximum occupancy determination upon inspection (depending upon layout, furniture size, etc.), Staff feels this square foot:child ratio is close enough that the maximum number of children should still be approved at 24 kids. The MFD will need to make the final determination of allowable children at the time of their occupancy inspection. 5. The Site Plan shows a paved driveway width of 24 feet. However, upon inspection of the site, Staff noticed that the new asphalt was poured at approximately 44 feet in width, extending an additional 20 feet to the east from what is shown on the plan. ACHD typically allows a maximum driveway width of 30 feet where the driveway connects with the existing street. The Applicant must remove any existing asphalt in the front yard that is beyond the 30-foot maximum driveway width (or whatever ACHD allows) prior to issuance of the C.O. ABC Childcare and Preschool EXHIBIT B CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 6. A minimum 1 O-foot wide landscaped buffer area must be provided along Broadway behind the future sidewalk and east of the asphalt driveway. 7. In order to prevent headlight glare into the fi'ont yards of propeliies to the east, Applicant must plant evergreen or woody shrubs or other appropriate fonn of solid screening along the eastern edge of the new asphalt parking area. The screening must be at least three (3) feet tall at the time of planting and must be in place prior to issuance of the Certificate of Occupancy. 8. An ADA-approved handicap parking sign must be installed in front of the accessible stall in the parking lot. 9. Applicant shall provide a solid screening of the adjacent propeliies to the nolih, east and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. The proposed Site Plan states that new fencing will be constructed along the east and west sides of the rear play area. Applicant should clarify the type and height of fencing. Staff inspected the site and confirm that the north boundary fence is in good condition and will serve as an adequate screen. 10. The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. 11. Applicant must keep all outside play areas free of noxious weeds. 12. A Certificate of Occupancy (e.O.) for the childcare center is required prior to operation. This e.O. must be signed by representatives ofthe Fire Department, Building Department and Plmming & Zoning Department, at a minimum. 13. Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide copy oflicense to the City of Meridian at the time ofP&Z Department's C.O. inspection. The operator's license shall be on-site for City inspection at all times. 14. Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 15. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use permit. 16. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a group child care home. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. ( CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUhSTIONS? CALL (208) 884-5533 CONDITIONAL USE GENERAL REQUIREMENTS 1. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Melidian Zoning and Development Ordinance. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13- 4.D. and ll-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 5. All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 7. All construction shall conform to the requirements of the Americans with Disabilities Act 8. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884"5533 EXHffiIT C TCU-05-001 Condition of Approval 1. The current applicant will be required to submit to the City of Meridian a copy of their child care license issued by the Department of Health and Welfare of the State of Idaho within one month of City Council approvaL August 26, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 30,2005 ITEM NO. 5-8 REQUEST Lease Agreement with Farmers and Merchants State Bank ~~a OOMME~ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Lease Agreement ~ ~/ . Jf ~~ f1'" f~ ~ tf~ II vVJ l/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. LEASE AGREEMENT FOR 703 NORTH MAIN STREET Meridian, Idaho between Farmers and Merchants State Bank as Landlord and The City of Meridian as Tenant LEASE AGREEMENT (Office) THIS LEASE AGREEMENT (this t1Lease") is entered into effective this 3DIl day of ,l/u.quJ"~ , 2005, by and between Farmers and Merchants State Bank ("Landlord") and the City~ ("T enant"). 1. Basic Lease Provisions. For purposes of this Lease, the following terms have the following definitions and meanings: 1.1 Landlord's Address (For Notices): Clarence Jones, Chairman of the Board Mike Mooney, President Farmers & Merchants State Bank 121 North 9th Street Boise, Idaho 83702 or such other place as Landlord may from time to time designate by notice to Tenant. 1.2 Tenant's Address for Notices: City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 1.3 Premises: The Building located at 703 North Main Street, Meridian Idaho, including all of the usable internal space and a sufficient number of parking spaces to support Tenant's employees and invitees. 1.4 Term: The Primary Term and Option Periods (ifvalidly exercised according to the terms of this Lease) set forth below are collectively referred to in this Lease as the "Term." 1.4.1 Primary Term: ~ Lease Months. 1.4.2 Option Periods: Annually. until moved into the new City Hall. 1.5 Rent Commencement Date (or "Commencement Date"): Upon occupancy. 1.6 Occupancy Date: Sept. 1 2005, 1.7 Expiration Date: At the end ofllie primary term and anv option periods. 1.8 Initial Base Rent: Cost of utilities plus real property taxes. 1.9 Security Deposit: None. Lease Agreement for 703 North Main Street page 1 1.10 Permitted Use: Government offices and other associated uses. 1.11 Exhibits: The Exhibit(s) which are attached to this Lease are incorporated herein by this reference. 1.12 Dermed Terms: The headings provided in this Section 1 in bold print are used in this Lease as defined terms. This Section 1 represents a summary ofthe basic terms and definitions of this Lease. In the event of any inconsistency between the terms contained in this Section 1 and any specific provision of this Lease, the terms of the more specific provision shall prevail. 2. Consideration. In consideration of the payment of rent and the performance of the covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises, together with and subject to all conditions, restrictions, obligations, rights, privileges, easements and appurtenances thereto, or any other easement(s), use or restriction agreements for the Building as have been or are hereafter executed by Landlord, including all amendments thereto, which cover the Premises. 3. Rent. Beginning with the Rent Commencement Date, Tenant shall be responsible for payment of rent as established in section 1, Cost of utilities shall be paid by Tenant pursuant to section 10.3, and the cost of real property taxes shall be reimbursed to landlord within 30 days of receipt of an invoice by Landlord for same, accompanied by a copy of Landlord's statement from the Ada County Assessor. Reimbursement of real property taxes for first year ofthe initial term shall be pro-rated commensurate with the commencement date. Reimbursement for real property taxes during any option period shall be pro-rated commensurate with the expected termination date. 4. Term. 4.1 Primary Term. The Term shall be for the period designated in Section 1 commencing on the Commencement Date, and ending on the Expiration Date, unless extended pursuant to Section 4.2 below. Upon the request of Landlord, Tenant shall execute a written acknowledgment of the Commencement Date and/or Expiration Date. 4.2 Option Periods. Providing Tenant is not in default at the time Tenant exercises its option to extend or at the commencement ofthe applicable Option Period(s), Tenant shall have the option to extend the Primary Term for the option period(s) set forth in Section 1 (the "Option Periods"). The rent for any applicable option period shall continue to be cost of utilities and real property taxes. 4.3 Cancellation. Notwithstanding the foregoing, Landlord shall at all times have the right to cancel this Lease during the Primary Term and any Option Period upon six (6) months prior written notice to Tenant. Lease Agreement for 703 North Main Street page 2 5. Uses. 5.1 General Use. The Premises shall be used only for the use set forth in Section 1 ePermitted Use") and for no other use without the prior written consent of Landlord which maybe witIilield in Landlord's unfettered discretion. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance or other act in or about the Premises that disturbs the quiet enjoyment of any other tenant in the Building. Tenant shall comply with all laws and regulations relating to its use or occupancyofthe Premises or ofthe Common Areas. Tenant shall observe such rules and regulations for the Building as may be adopted by Landlord. 5.2 No Hazardous Substances. Tenant agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment (or any similar substance) as now or hereafter defined by or determined pursuant to any applicable law or regulation ("Hazardous Substance") in, on or about the Premises in violation of applicable law, and Tenant shall indemnifY and hold Landlord harmless against any liability, damages, costs, loss or claim therefore, including attorneys' fees incurred in connection therewith, arising from or related to the presence of any Hazardous Substance in, on or about the Premises, which presence was caused by Tenant, its agents, employees, subleases or anyone otherwise associated with Tenant. 5.3 Insurance Risks. Tenant will not do or permit to be done any act or thing upon the Premises, the Building or the Common Areas which would (a) jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b) increase the rate of fire insurance applicable to the Building to an amount higher than it otherwise would be for the general office use of the Building; or (c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Premises. 6. Assignment and Subletting. 6.1 Except as set forth in Section 5.2 Tenant shall not, without first obtaining Landlord's written consent which may be withheld in Landlord's unfettered discretion: (1) sell, assign, mortgage, or transfer this Lease (or any interest therein); (2) sublease all or any portion ofthe Premises; or (3) allow the use or occupancy of the Premises by anyone other than Tenant. No assignment or sublease shall relieve Tenant of any liability under this Lease. Landlord's consent to any assignment or sublease shall not operate as a waiver of the necessity for consent to any subsequent assignment or sublease, This Lease shall not be assigned by operation oflaw. 6.2 Landlord agrees that Tenant may sublease all or any portion of the premises to the Meridian Development Corporation (MDC), MDC partner organizations, or other not-for- profit organizations for purposes in furtherance of City business upon prior written notice to Landlord. Lease Agreement for 703 North Main Street page 3 7. Care of Premises. Tenant shall keep the Premises in a neat, clean and sanitary condition and shall at all times preserve them in good condition and repair, ordinary wear and tear excepted. 8. Surrender of Premises; Removal of Property. Upon expiration or termination of the Lease Term, whether by lapse of time or otherwise (including any holdover period), Tenant at its expense shall: (1) remove Tenant's goods and effects and those of all persons claiming under Tenant, (2) repair and restore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and peacefully surrender the Premises (including surrender of all improvements installed in the Premises by Landlord or Tenant, except Tenant's trade fixtures that do not become part ofthe Building). Any property left on the Premises after the expiration or termination of the Lease Term shall be deemed to have been abandoned and to have become the property of Landlord to dispose of as Landlord deems expedient. Tenant shall be liable for all costs associated with the disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Premises or removing and storing Tenant's property as herein provided, and Tenant shall indemnify and hold harmless Landlord therefrom. No such reentry shall be considered or construed to be a forcible entry. 9. Condition of Premises; Alterations. 9.1 Tenant's Improvements. Tenant shall complete the improvements described on Exhibit A attached hereto, at Tenanes sole cost, and shall be performed in a good and workmanlike manner in compliance with all applicable laws, codes and regulations, and all materials used shall be of a quality comparable to those in the Premises and the Building. All improvements (except Tenant's trade fixtures that do not become a part of the Building) shall remain in and be surrendered with the Premises at the expiration or sooner termination of this Lease. 9.2 Alterations. Tenant shall make no additions, changes, alterations or improvements C'Work") to the Premises other than the Work set forth on Exhibit A. 10. Services and Maintenance. 10.1 Basic Services. Landlord shall proYide mechanical, cooling, heating and ventilation services. 10.2 Maintenance. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems, the exterior of the Building, the parking lot and the landscaping, unless such maintenance or repairs are required as a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its agents, servants, employees, or invitees, in which event Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs. Lease Agreement for 703 North Main Street page 4 10.3 Basic Utilities. Landlord shall furnish water, sewer, electricity and natural gas service to the Premises and the cost of such utility service, including costs based on consumption, shall be the expense of Tenant pursuant to section 1.8 of this agreement. Tenant shall set up accounts with the utilityproviders effective upon the commencement date of this agreement. Tenant shall pay all utility charges to the providers according to the invoice due date. Tenant's failure to pay utility charges when due shall constitute an event of default pursuant to se~tion 16 of this agreement. 10.4 Additional Utilities. Tenant shall purchase all other utility services, including but not limited to telephone, cable and television services desired by Tenant from the utility or municipality providing such service, and shall pay for such services when such payments are due. 11. Entry and Inspection. Landlord at all reasonable times (and at any time in case of emergency) may enter the Premises for the purpose of inspection, cleaning, repairing, altering or improving the Premises or the Building subject to Tenant's reasonable security requirements. Landlord shall have the right at reasonable times to enter the Premises for the purpose of showing the Premises to any prospective purchasers, mortgagees or tenants of the BuiLding. 12. Damage or Destruction. 12.1 Damage and Repair. In case of damage to the Premises or the Building by fire or other casualty, Tenant immediately shall notify Landlord. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Landlord, will equal or exceed thirty percent (30%) of the replacement value of the Building (exclusive of foundations) prior to the occurrence of the damage, or if insurance proceeds sufficient for full restoration are unavailable for any reason, then Landlord no later than the sixtieth (60th) day following the damage may give Tenant a notice of election to terminate this Lease. If the cost of restoration as estimated by Landlord shall amount to less than thirty percent (30%) of said replacement value of the Building and insurance proceeds sufficient for restoration are available, then Landlord shall restore the Building and the Premises with reasonable promptness, subject to delays beyond Landlord's control, and Tenant shall have no right to terminate this Lease. To the extent that the Premises are rendered untenantable, Rent shall proportionally abate during the period of such untenantability, unless such damage resulted from or was contributed to directly or indirectly by the act, fault or neglect of Tenant, Tenant's officers, contractors, subcontractors, agents, employees, invitees or licensees. 12.2 Business Interruption; Property of Ten ant. No damages, compensation or claims shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or the Building. Landlord will not carry insurance of any kind on any property of Ten ant, inc1udinginventOIY, equipment, floor, ceiling and wall coverings, furniture and trade fixtures, and any improvements to the Lease Agreement for 703 North Main Street page 5 Premises that are paid for by Tenant and Landlord shall not be obligated to repair any damage thereto or replace the same. 13. Indemnification and Waiver of Liability. Tenant shall indemnifY, hold harmless and defend Landlord from and against all liabilities, damages, suits, obligations, fines, losses, claims, actions, judgments, penalties, charges, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss ofIife, personal injury and/or property damage arising out of or relating to the occupancy or use by Tenant of any part of the Premises or the Building occasioned wholly or in part by any act or omission of Tenant or its officers, contractors, subcontractors, licensees, agents, servants, employees, guests, invitees or visitors, or any assignee or sublessee or any other party for whom Tenant would otherwise be liable. Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant or other persons, which may be caused by theft, or by any act or neglect of any tenant or occupant ofthe Building or any other third parties, or Landlord, except for Landlord's willful misconduct or gross negligence. 14. Insurance. 14.1 Liability Insurance. Tenant, at its own expense, shall keep and maintain in full force and effect a policy of commercial general liability insurance including a contractual liability endorsement covering Tenant's obligations under Section 14 insuring Tenant's acti vi ties upon, in and about the Premises and the Building against claims ofbodil y injury or death or property damage or loss with a limit of not less than Five Hundred Thousand Dollars ($500,000) combined single limit per occurrence and in the aggregate (per policy year) of$l,OOO,OOO,OO. Landlord shall be an additional insured in the foregoing insurance policy. 14.2 Tenant's Property Insurance. Tenant's property insurance shall be at Tenant's option and expense. 14.3 Landlord's Insurance. Landlord shall procure and maintain during the Term, Fire, Windstorm, in an amount not less than one hundred percent (100%) of the insurable value above the foundations or as currently in effect. 14.4 Insurance Policy Requirements. All insurance required under this section shall be with companies qualified to do business in the State ofIdaho. Each insurance policy shall provide that it is not subject to cancellation or material alteration except after thirty (30) days prior written notice to Landlord and 15. Signs. Tenant shall be allowed to replace the lower-most display (the one currently used by Investment Resources of Idaho) with a sign identifying Tenant's business. Any modification to Landlord's sign to identifY Tenant's business will be at Tenant's expense. 16. Events of Default. Each of the following shall be deemed a default by Tenant and a material breach of this Lease: Lease Agreement for 703 North Main Street page 6 16.1 Failure by Tenant to pay when due any Rent hereunder if such failure shall continue for a period of thirty (30) days after written notice thereofhas been given to Tenant; or 16.2 Failure by Tenant to perform or observe any of the othertenns, covenants, conditions, agreements or provisions ofthis Lease if such failure shall continue for a period ofthirty (30) days after written notice thereof has been given to Tenant; provided, if any such failure cannot reasonably be cured within thirty (30) days then Tenant shall not be deemed to be in default if Tenant commences to cure such failure within a reasonable time and for as long as Tenant is diligently prosecuting the cure. 17. Landlord Remedies for Tenant Default. If any default occurs hereunder, Landlord may, at any time thereafter and without waiving any other rights hereunder, do one or more of the following: 17.1 Terminate this Lease, by wri tten notice on the earliest date permitted by law or on any later date specified in such notice, in which case Tenant's right to possession of the Premises will cease and this Lease will be terminated, except as to Tenant's liability; 17.4 Without further demand or notice, reenter and take possession of the Premises or any part of the Premises, repossess the same, expel Tenant and those claiming through or under Tenant, and remove the effects of both or either, using such force for such purposes as may be necessary, without being liable for prosecution, damage or otherwise and without being deemed guilty of any manner oftrespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding breach of covenants or conditions. 18. Landlord's Default. In the event of any default in the obligation of Landlord under this Lease, Tenant will deliver to Landlord written notice listing the reasons for Landlord IS default and Landlord will have thi!1Y GiQ) days following receipt of such notice to cure such alleged default or, in the event the alleged default cannot reasonably be cured within such period, to commence action and proceed diligently to cure such alleged default. 19. Holdover. If Tenant shall, with the written consent of Landlord, hold over beyond the expiration of the Term, or if Landlord shall so notify Tenant at anytime upon or after the expiration of the Term, such tenancy shall be deemed a month-to-month tenancy that may be terminated as provided by applicable state law. 20. Notices. All notices under this Lease shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, postage prepaid, or sent by recognized overnight courier to Landlord and to Tenant at the addresses set forth in Section 1 (except that, after the Lease commences, any such notice may be so mailed or delivered by hand to Tenant at the Premises), or to such other addresses as may from time to time be designated by any such party in writing. Notices mailed as aforesaid shall be deemed given at the earlier of three (3) days after the date of such mailing or upon the date of receipt. Lease Agreement for 703 North Main Street page 7 21. Costs and Attorneys' Fees. If Tenant or Landlord shall bring any action for relief against the other, declaratory or otherwise, arising out ofthis Lease, including any suit by Landlord for the recovery of rent or possession of the Premises, the losing party shall pay the prevailing party for all reasonable attorneys' fees (including attorneys' fees on appeal) and costs (including court costs and disbursements) which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. TENANT: IN WITNESS WHEREOF, the Landlord and the Tenant have signed their name and affixed their seals the day and year first above written. LANDLORD: THE CITY OF MERIDIAN By: Tammy de ATTEST: JI~~ EXHIBITS: "A" TENANT'S IMPROVEMENTS Lease Agreement for 703 North Main Street FARMERS & MERCHANTS STATE BANK By: page 8 EXHIBIT "A" Tenant's Improvements August 3, 2005 City Of Meridian 33 E. Idaho St. Meridian,10 83642 Re: Tenant improvements to old Farmers & Merchants Bank building This bid includes the following items: I) Wall patch in lobby area - north wall 2) Carpet allowance of $600, 00 in space where teller lines were 3) Remove and replace 30 lineal feet of office divider walls 4) Two new office doors 5) One HV AC vent in the center office - south wall 6) Paint new office walls and patch area of lobby Bid Total:.,. '" "....... ...... n...'............ ",.,.,.. ......... ........$4.200.00 iLl 6Vif 1'I&,,'L-(c77.b---- Walt Morrow Walt Morrow Construction mrn::;~mIT Lease Agreement for 703 North Main Street page 9 August 26, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 30, 2005 Yf3 ITEM NO. REQUEST Ordinance - Creating a New Title 1, Chapter 7, Section 9 of the Meridian City Code Providing for City Council Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor & Council AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance LJll1V o 'J it ~ r/ ffr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. ('1;., \1L\- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE CREATING A NEW TITLE 1, CHAPTER 7, SECTION 9 OF THE MERIDIAN CITY CODE PROVIDING FOR CITY COUNCIL COMPENSATION AND PROVIDING FOR A CITIZEN'S REVIEW COMMITTEE TO PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL FOR FUTURE COMPENSATION OF THE MAYOR AND CITY COUNCIL; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. Pursuant to Idaho Code Title 50, Chapter 2, Section 3 we hereby amend the Meridian City Code to add Title 1, Chapter 7, Section 9, ofthe Meridian City Code as follows: 1-7-9 City Council Compensation: The annual compensation of the members of the City Council shall be as follows: A) 1. Each member of the City Council shall receive an annual salary of eight thousand dollars ($8,000.00), effective on and after January 1,2006. 2. Each member of the City Council shall receive an annual salary of nine thousand dollars ($9,000.00), effective on and after January 1, 2007. 3. Salary will be paid in equal monthly amounts. B) The City Council shall receive the same employee benefits as all full time City employees, except for the accrual of vacation or sick leave, and any other benefits as directed by the City CounciL C) A committee comprised of no less than seven (7) various citizens, business leaders, and former elected officials ofthe City of Meridian shall be formed prior to the budget workshop during every year of a mayoral election to make recommendations for adjustments, increases, or decreases to compensation for the Mayor and City Council. The membership of the committee may be determined by the City Council with input from the Mayor. The City Council is not bound to follow the recommendations from the Committee, but may use any feedback or recommendation as guidance for setting the budget for compensation. Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title ORDINANCE - CITY COUNCIL COMPENSATION Page 1 of2 and one (1) reading iil full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this ~ay of AL~3i K'-\:' ,2005. APPROVED by the Mayor of the City of Meridian, Idaho, this 3()f\. day of Ai'\~ it ~~ ,2005. APPROVED: ~ ",\~'." .... all ":<'" /,.. ,\"o...-;:~ ~ / ~r .~ \. - - SEAL ~ . "7~. ,cf. J \_~ ~;lg\, .f?,/, '-- "'1 a 'fJ't(' "" ""'" O~l;\\\\\\" ORDINANCE - CITY COUNCIL COMPENSATION Page 2 of2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- "\ \l4 PROVIDING FOR A NEW ORDINANCE FOR THE SETTING OF CITY COUNCIL COMPENSATION An Ordinance of the City of Meridian adding Title 1, Chapter 7, Section 9 of the Meridian City Code setting the compensation of the City Council and establishing a citizen's committee to review and provide recommendations on compensation for future Mayors and City Councils. A full text ofthis ordin~~e is available ~or in~RI~R~}~n at City Hall, City?fMeridian, 33 East Idaho Avenue, MendIan, Idaho. Th~\Or~~Iif.l;JJ become effectIve upon the passage and publication. "...~,,"'" ';,;,~ ,/ $v' ~ ~ drdL: ft~ (~f" . ;:': 6 \ Mayor and City Council of the City ofMeri ian BI.IJ~.l! ~ By: William G. Berg, Jr., City Clerk \:~ "f? f ~,."'o 'fir 15\ . .j? / First Reading: B~~O~OS Ado~t~? ~~b. iW~~Q1{by suspension of the Rule as allowed pursuant to Idaho Code 50-902~f''',~~~~ NO_ Second Reading: --- Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- i 114 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor ofthe City and has reviewed a copy of the attached Ordinance No. 05- '\14 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code S 50-901A (3). . ~'" DATED this 3 J day of Augu.st,~ODA/J UJ!k L ( William. L.M. Nary City Attorney SUMMARY - CITY COUNCIL COMPENSATION ORDINANCE Page 1 of 1 August 26, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 30, 2005 ITEM NO. J-U1 REQUEST Ordinance - Creating a New Title 1, Chapter 6, Section 5 of the Meridian City Code providing for the Mayor's Salary and Compensation and Providing for a Citizen's Review Committee to Provide Recommendations to the City Council for Future Compensation of the Mayor and CC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance t/{I1{ ~ ~ 6'~ /Jv{ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. CITY OF MERIDIAN ORDINANCE NO. 05'~' 11 S BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE CREATING A NEW TITLE 1, CHAPTER 6, SECTION 5 OF THE MERIDIAN CITY CODE PROVIDING FOR THE MAYOR'S COMPENSATION AND PROVIDING FOR A CITIZEN'S REVIEW COMMITTEE TO PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL FOR FUTURE COMPENSATION OF THE MAYOR; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. Pursuant to Idaho Code Title 50, Chapter 2, Section 3 we hereby amend the Meridian City Code to add Title 1, Chapter 6, Section 5, of the Meridian City Code as follows: 1-5-4 Mayor Compensation: The annual compensation of the Mayor shall be as follows: A) 1. The Mayor of Meridian shall receive an annual salary of fifty-seven thousand, seven hundred, and fifty dollars ($57,750.00), effective on and after January 1, 2006. 2. The Mayor shall receive a five percent (5%) increase to the annual salary on January 1, 2006 for a total annual salary of sixty thousand, six hundred, and thirty-seven dollars ($60,637.00); 3. The Mayor shall receive a five percent (5%) increase to the annual salary on January 1, 2007 for a total annual salary of sixty-three thousand, six hundred, and sixty-nine dollars ($63,669.00); 4. The Mayor shall receive an annual salary of sixty-five thousand ($65,000.00), effective on and after January 1,2008. 5. Salary will be paid in equal monthly amounts. B) The Mayor shall receive the same employee benefits as any full time City employee, except for accrual of vacation or sick leave, and any other benefits as directed by the City Council. C) A committee comprised of no less than seven (7) various citizens, business leaders, and former elected officials of the City of Meridian shall be formed prior to the ORDINANCE - MAYOR COMPENSA nON Page 1 of2 budget workshop during every year of a mayoral election to make recommendations for adjustments, increases, or decreases to compensation for the Mayor and City Council. The membership of the committee may be determined by the City Council with input from the Mayor. The City Council is not bound to follow the recOlmnendations from the Committee, but may use any feedback or recommendation as guidance for setting the budget for compensation. Section 2. That pursuant to the affinnative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this ~day of AI i~l ,l.~+- , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this 3)4, day of Ai t J 1 i (;. l , . 2005. - APPROVED: /""~'~~ <,' ~~ '{, I"~ a~~o \ ~ SEAL ~ :, "?~. ....~ f --',-__-p~ '~r 15"1 . '...1 ;"'" OOUN"f'{ . ~\,\"... )lllllt~JI"\ nt\1'\\" ORDINANCE - MAYOR COMPENSA nON Page 2 of2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.c. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- \ liS PROVIDING FOR A NEW ORDINANCE FOR THE SETTING OF MAYOR COMPENSATION An Ordinance of the City of Meridian adding Title 1, Chapter 6, Section 5 of the Meridian City Code setting the compensation ofthe Mayor and establishing a citizen's committee to provide review and recommendations on compensation in the future. A full text of this ordinance is available ~?.r.,imR,~~tion at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, IdahO:",T~~' c:e/~haIl become effective upon the passage and publication. .,<..".... . "~.... ".' v-..........~~ ~ - f ~~ 0 % Mayor and City Council the ityof eri #. ~ k "? 2 By: William G. Berg, Jr., City Clei\,"'O ~r 1S"{' '" R 1 First Reading: ~- :<;() .. (jt) Ad~pI l(f}iQ~cltcling by suspension ofthe Rule as allowed pursuant to Idaho Code 50.:.9 ;, nl\~H"S~ NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- I tJ~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- IllS of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-901A (3). '7\ S..} DATED this ~ day of Augu~~Pl: L.JJLl! (', ~ William. L.M. Nary City Attorney SUMMARY - MAYOR COMPENSATION ORDINANCE Page 1 of 1 August 26, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 30, 2005 ITEM NO. ,)(' I tJ REQUEST Ordinance - Amending Title 1, Chapter 8, Section 4 of the Meridian City Code deleting Mayor and City Council Salaries AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance 1 (0 ~0/t\ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. OS- \ \ lLD BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION 4 OF THE MERIDIAN CITY CODE DELETING MAYOR AND CITY COUNCIL SALARIES; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 8, Section 4, of the Meridian City Code is hereby amended as follows: 1-8-4: SALARIES: }~. Bleeti e OfHeers: 1. Hayar: TEe salar} aftRe mayar shall Be flft) fi e thaLisaRs sellarS ($55,990.00) per year, pa) aBle at fa I::lf tae I::lSaHS :1:1, e aRRSyea eight) tmee aeIlars thiFtj three eeRts ($1,583.33) meflJhly. 2. CeRReil: The salal) efeaeh ffiemBer afthe eal::lFleil shall Be fl,e hl::lRsree aollars ($509. 90) per meath, pay a-ble R1eRthl). (Ora. G1 925, 9 1 2001, eft. 1 1 2902) A. B. Appointive Officers: The salaries of appointive officers shall be set and fixed by the mayor and council and shall be paid monthly. (Ord. 479, 5-5-1987, eff. 1-1-1988) E.G. Employees: Salaries of city employees shall be as set from time to time by the mayor and city council. (1999 Code) Section 2. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approyal and publication. PASSED by the City Council of the City of Meridian, Idaho, this 3:J~ day of -AI J3l J,r;::+ . 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ itaay of At jl 1 r"\+- , 2005. MAYOR AND CITY COUNCIL COMPENSATION AMENDMENT - Page 1 of2 MAYOR AND CITY COUNCIL COMPENSATION AMENDMENT - Page 2 of2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ SO-901(A) CITY OF MERIDIAN ORDINANCE NO. OS-~ PROVIDING FOR A NEW ORDINANCE FOR AMENDING THE SETTING OF MAYOR AND CITY COUNCIL SALARIES An Ordinance ofthe City of Meridian amending Title 1, Chapter 8, Section 4 of the Meridian City Code deleting the Mayor and City Council salaries. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. T~\~~ihoroimal}8~{shalI become effective upon the passage and publication. ""'''''l of {{It.. ....<'....(:.. ..'i.... ] vr~~ ~ 2 ~- '" , STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- ~ n Lo The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- llll e of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-901A (3). DATED this :P1 daYOfAUr;JJJj'tj, ~ William, L.M, Nary ~ City Attorney AMENDING MAYOR & CITY COUNCIL COMPENSATION - Page 1 of 1 August 26, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 30, 2005 ITEM NO. )( I z,.., REQUEST Ordinance 05-1170 - Repealing Existinig Zoning and Subdivision Regulations Codified at Title 11 and the Title 12 of the Meridian City Code; Re-enacting a New Title 11 to be known as the Unified Development Code (3rd of 3 Readings) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance ~ j l (\ 0 .J;;;y o?~ / Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the C1ty of Meridian. August 12, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 16, 2005 ITEM NO. 24 REQUEST Ordinance No. 05-1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re-Enacting a New Title to be known as the Unified Development Code '2nd of 3 readings) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFfiCE: OTHER: See attached /10 Or; / , ,)tr{) rL se~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. August 5, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 9, 2005 ITEM NO. 4 REQUEST Ordinance - Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re-Enacting a New Title 11 to be known as the Unified Development Code (1 st of 3 Readings) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance (' / t (1,0 J'~ Dj rt ~yr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian, CITY OF MERIDIAN ORDINANCE NO. O'=:>- \ \ 10 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE REPEALING EXISTING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11 AND TITLE 12 OF THE MERIDIAN CITY CODE; RE-ENACTING A NEW TITLE 11 TO BE KNOWN AS THE UNIFIED DEVELOPMENT CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in August 2002, the City of Meridian adopted a new Comprehensive Plan, setting the future course for growth and development in the City of Meridian and the Area of City Impact; and, WHEREAS, the new Unified Development Code will provide an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, a draft of the proposed Unified Development Code was prepared in April 2004 and was thoroughly reviewed and analyzed by a Process Improvement Group consisting of City planning staff, an architect, an engineer, and representatives from the development community; and, WHEREAS, the Meridian Planning and Zoning Commission held two workshops to review the proposed Unified Development Code beginning in February 2005, and also held public hearings on April 18,2005 and April 25, 2005; and, WHEREAS, the Meridian City Council held public hearings on this matter on July 26, 2005 and August 9, 2005. NOW, THEREOFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11 of the Meridian City Code is repealed. Section 2. That Title 12 of the Meridian City Code is repealed. Section 3. That Title 11 of the Meridian City Code is re-enacted and shall read as presented on the following documents attached to this ordinance and incorporated herein by this reference: "City of Meridian Unified Development Code" dated August 29,2005; and, Exhibit "A" - List of Proposed Changes; and, Exhibit "B" - Enforcement; and, Exhibit "C" - Private Streets; and, Exhibit "E" - Comprehensive Plan Amendments. (Note that Exhibit "D" has been intentionally deleted from this ordinance). ORDINANCE - UNIFIED DEVELOPMENT CODE Page 1 of2 Section 4. This ordinance shall be in full force and effect on the 15th day of September, 2005, after its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this :30 ~ay of At ~I \~~) .2005. APPROVED by the Mayor of the City of Meridian, Idaho, this 3Jhday of At \ 1f If:.L ,2005. APPROVED: ORDINANCE - UNIFIED DEVELOPMENT CODE Page 2 of2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- 1/ 7 tJ PROVIDING FOR THE ENACTMENT OF THE UNIFIED DEVELOPMENT CODE An Ordinance of the City of Meridian repealing existing zoning and subdivision regulations codified at Title 11 and Title 12 ofthe Meridian City Code and re-enacting a new Title 11 to be known as the Unified Development Code. The new ordinance embodies the official zoning ordinance ofthe City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan. A full text ofthis ordinance is available for inspection at City Hal1, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This Qrdinance shall become effective on September 15, 2005. \\\\\~\\Of. MEJr~~"'// ......... ~" '{,.It.,., /.-........ j' c} r ,...Nl,f'0R.., J; ~ '1- ~ : .t!F ~ l ayor and City Council f the it:i of erid~AL ~ By: William G. Berg, Jr., City Cle~ ~ ,.Cl J ::. ....ct', 0 .::- First Reading: Y' - ? -t9 s: ~4~ !fl~ ~,@t~g by suspension ofthe Rule as allowed pursuant to Idaho COcr~/~~r:~~ NO ~ Second Reading: t1- /6 - 0 5 IllflJllflllll1\\\\ Third Reading: fJ - .5 (J - tJ c;- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- 1110 The undersigned, Ted W. Baird, Deputy City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- I (10 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code 9 50-901A (3). -; ~I.,. s:....~bhr: DATED this ~ day of~~, 2~-'---7/7 ____~,..-- /""~/." .,..n""C:UO' ---. (_e~ p~r Ted W. Baird . Deputy City Attorney SUMMARY - UNIFIED DEVELOPMENT CODE ORDINANCE Page 1 of 1 olfe;;;I1a:n CITY OF MERIDIAN UNIFIED DEVELOPMENT CODE TITLE 11 UNIFIED DEVELOPMENT CODE Chapter 1 - General Regulations Article A - Definitions Article B - Nonconforming Property, Use or Structure Chapter 2 - District Regulations Article A. Residential Districts Article B. Commercial Districts Article C. Industrial Districts Article D. Traditional Neighborhood Districts Chapter 3 - Regulations Applying to All Districts Article A. Standard Regulations in All Districts ACCUMULATION OF JUNK BIKEWAYS CLEAR VISION TRIANGLE DITCHES, LATERALS, CANALS OR DRAINAGE COURSES FENCES MULTIUSE AND MICRO PATHWAYS NATURAL FEATURES NOXIOUS USE OUTDOOR LIGHTING OUTDOOR SERVICE AND EQUIPMENT AREAS OUTDOOR SPEAKER SYSTEMS OUTDOOR STORAGE PRESSURIZED IRRIGATION SYSTEMS PUBLIC UTILITIES PUBLIC WATER SUPPLY AND SEWER SYSTEMS SELF-SERVICE USES SIDEWALKS AND PARKWAYS STORM DRAINAGE STRUCTURES SUBJECT TO DESIGN STANDARDS TRAVELING SLEEPING QUARTERS UTILITIES Article B. Landscaping Requirements Article C. Off-street Parking and Loading Requirements Article D. Sign Requirements Article E. Temporary Use Requirements Article F. Private Street Requirements Article G. Common Open Space and Site Amenity Requirements Chapter 4 - Specific Use Standards ANIMAL CARE FACILITY ARTS, ENTERTAINMENT AND RECREATION FACILITY, INDOOR AND OUTDOORS ARTIST STUDIO BUILDING MATERIAL, GARDEN EQUIPMENT AND SUPPLIES CEMETERY CHURCH OR PLACE OF RELIGIOUS WORSHIP CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS CONTRACTOR'S YARD DAY CARE FACILITY 8/29/05 DRINKING ESTABLISHMENT DRIVE-THROUGH ESTABLISHMENT DWELLING UNIT, SECONDARY EDUCATION INSTITUTION EQUIPMENT RENTAL, SALES, AND SERVICE ENTERTAINMENT ESTABLISHMENT, ADULT FINANCIAL INSTITUTION FLEX SPACE FOOD PRODUCTS, PROCESSING FUEL SALES FACILITY AND FUEL SALES FACILITY, TRUCK STOP HOME OCCUPATION HOSPITAL HOTEL OR MOTEL INDUSTRY, INFORMATION INDUSTRY, LIGHT AND HEAVY LAUNDROMAT MULTIFAMILY DEVELOPMENT NURSERY OR URBAN FARM NURSING AND RESIDENTIAL CARE FACILITY PUBLIC OR QUASI-PUBLIC USE PUBLIC UTILITY, MAJOR; AND PUBLIC INFRASTRUCTURE RECYCLING CENTER; SOLID WASTE TRANSFER STATION STORAGE FACILITY, OUTSIDE STORAGE FACILITY, SELF-SERVICE TERMINAL, FREIGHT OR TRUCK VEHICLE IMPOUND YARD VEHICLE REPAIR, MAJOR AND MINOR VEHICLE SALES OR RENTAL VEHICLE WASHING FACILITY VEHICLE WRECKING OR JUNKYARD VERTICALLY INTEGRATED RESIDENTIAL PROJECT WAREHOUSE WIRELESS COMMUNICATION FACILITY Chapter 5 - Administration Article A. General Provisions Article B. Specific Provisions CERTIFICATE OF ZONING COMPLIANCE UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS ANNEXATIONS AND REZONES VARIANCES ALTERNATIVE COMPLIANCE CONDITIONAL USES Article C. Surety Agreements Chapter 6 . Subdivision Regulations Article A. General Provisions Article B. Subdivision Process Article C. Subdivision Design and Improvement Standards Chapter 7 - Planned Unit Developments 8/29/05 8/29/05 CHAPTER 1 GENERAL REGULATIONS SECTIONS: 11-1-1: 11-1-2: 11-1-3: 11-1-4: 11-1-5: 11-1-6: 11-1-7: 11-1-8: 11-1-9: TITLE PURPOSE SCOPE AND CONTENT APPLICABILITY INTERPRETATION ERRORS IN LEGAL DESCRIPTIONS OF PROPERTIES REFERENCES PRESERVATION OF PRIVATE PROPERTY RIGHTS SAVING CLAUSE 11-1-1: TITLE: Upon adoption by the Meridian City Council, this portion of the Meridian City Code (Title 11) is declared to be and shall hereafter constitute the official zoning ordinance of the City of Meridian. Title 11 shall be known and cited as the Unified Development Code of the City of Meridian. The Unified Development Code of the City of Meridian is published by authority of the Meridian City Council, and it shall be kept up to date as provided in Section 1-1-3 of the Official Meridian City Municipal Code. Within this document, the Unified Development Code of the City of Meridian shall be referred to as "this Title." 11-1-2: PURPOSE: A. Carry out the intent and purposes of the "local land Use Planning Act," Idaho Code ~67-6501 et seq. as amended; B. Carry out the policies of the comprehensive plan by classifying and regulating the uses of property and structures within the incorporated areas of the City of Meridian; C. Establish districts within the City of Meridian in accord with the adopted comprehensive plan in conformance with Idaho Code ~67-6511; D. Provide standards for the orderly growth and development of the City of Meridian. As required by Idaho Code 967-6511, such standards include, but are not limited to, those regulating: 1. The height, number of stories, size, design, construction, reconstruction, alteration, repair or location of structures. 2. Size, minimum lot dimensions, landscape buffers, size of required yards, and density of residential properties. 3. The use of structures and property; Chapter 1 GENERAL REGULATIONS 8/29/05 E. Ensure the most appropriate use of properties; F. Protect property rights and enhance property values; G. Provide a method of administration and prescribe penalties for the violations of regulations hereafter described as authorized by the Constitution and Laws of the State of Idaho; and H. Protect and promote health, safety and the general welfare. 11-1-3: SCOPE AND CONTENT: This Title shall consist of the text adopted by Ordinance 05-1170 and Ordinance 05-1171, as amended from time to time, and the Official Zoning Maps, as amended from time to time. Copies are available for review at the Meridian City Hall. This Title and each and all of its terms are to be read and interpreted in light of the designations of the Official Zoning Maps. 11-1-4: APPLICABILITY: The regulations of this Title shall apply and govern development and use of all properties (a) within the corporate limits of the City of Meridian and (b) outside the City limits for which annexation has been requested, or as otherwise permitted through written agreement(s) with Ada County. A. No person or public agency shall construct, alter, move, or change the use of a structure or undertake any development unless: 1. The proposed use, structure, or division of property complies with this Title. 2. Any required approval is first obtained as provided by CHAPTER 5 ADMINISTRATION of this Title, and any applicable conditions of approval are met. B. Nothing in this Title shall eliminate the need for obtaining any other required permits, including, but not limited to, building permits, plumbing, electrical, or mechanical permits, grading permits, or any permit, approval, or entitlement required by other titles of the Meridian City Municipal Code, other political subdivisions of the State of Idaho, or agencies of the State of Idaho. C. All properties in the Meridian City corporate limits shall comply with the regulations of this Title unless otherwise preempted by Federal statute or local law statutory ordinance. D. The prosecution of violations that occurred under previous land use regulations and that remain a violation under this Title shall continue until resolved. E. Applications pending as of the effective date of this Ordinance, September 15, 2005: Chapter 1 GENERAL REGULATIONS 8/29/05 1. Project with pending application. All applications shall be processed according to the regulations and requirements in effect as of the date the Director accepted the application. 2. Approved project with pending request for a time extension. Time extension requests shall be consistent with the requirements that are in effect when the original application was approved. 3. Approved projects not yet completed. Any approved application may still be completed as provided by the approval. 11-1-5: INTERPRETATION: A. Language. 1. Terminology. When used in this Title, all words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive. 2. Number of days. Whenever a number of days is specified in this Title, or in any permit, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, except that such time limits shall extend to the following working day when the last of the specified number of days falls on a weekend or Meridian City holiday. 3. Minimum requirements. When interpreting and applying the regulations of this Title, all regulations shall be considered to be minimum requirements, unless stated otherwise. Proposed uses shall comply with all applicable regulations and standards unless specifically exempt elsewhere in this Title. 4. Defined terms. Terms defined in Section 11-1A-1 of this Title shall have their defined meaning when used elsewhere in this Title. For the purpose of readability and clarity, such terms are not shown in initial caps. 5. Section headings. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this Title. 6. References. All references to State or Federal laws and/or regulations shall refer to such laws and/or regulations as they may be amended over time. B. Measurements 1. Structure height shall be measured in accord with the Meridian City Building Code as set forth in Title 10, Chapter 1, of the Meridian City Municipal Code. Chapter 1 GENERAL REGULATIONS 8/29/05 2. Linear distance shall be measured in a horizontal line; it shall not be measured along an inclined surface or line. For uses that have a separation standard, the distance shall be measured from the nearest customer entrance of the proposed use to the nearest property line of the specified use. The measurement is to be conducted in a radial fashion by the specified number of feet (e.g., 300 feet, 1,000 feet). C. District boundaries. Where uncertainty exists about the location of any district boundary shown on the Official Zoning Map, the following rules shall be used to resolve the uncertainty: 1. Where a district boundary approximately follows a property line, such property line shall be construed as the district boundary. 2. Where a district boundary approximately follows a street, alley, or railroad line, such street, alley, centerline, or the extension of such line shall be construed as the district boundary. 3. Where a district boundary approximately follows a watercourse, the centerline of the watercourse shall be construed to be such boundary. In the event of a change in the watercourse shoreline, the boundary shall be construed as moving with the actual shoreline. 4. Where a district boundary does not obviously coincide with any of the above lines (property; street, alley, or railroad line; watercourse), or where it is not designated by dimensions, it shall be deemed to be located along the nearest section, quarter section, or sixteenth section line. D. Conflicting regulations. 1. In case of conflict between the text and the maps of this Title, the maps shall prevail. 2. If conflicts occur between different regulations of this Title, or between this Title and other regulations of the Meridian City Municipal Code, the most restrictive regulation shall apply. 3. It is not intended that this Title interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; however, where this Title imposes a greater restriction upon the use of structures or premises or upon the height of structures, or requires larger space than is imposed or required by ordinances, rules or regulations, or by easements, covenants, or agreements, the regulations of this Title shall govern. E. Allowed Uses. If a proposed use of property is not specifically listed in CHAPTER 2 district regulations, the use shall be prohibited, except as follows: the Director may determine that a proposed use not listed in Chapter 1 GENERAL REGULATIONS 8/29/05 CHAPTER 2 district regulations, is equivalent to a principal permitted or conditional use. In making the determination, the Director shall consider the following: 1. The impacts on public services and activities associated with the proposed use are substantially similar to those of one or more of the uses listed in the applicable base districts as allowed; 2. The proposed use shall not involve a higher level of activity or density than one or more of the uses listed in the applicable base districts as allowed; 3. The proposed use is within the same three- digit category of an allowed use listed in the latest edition of the North American Industrial Classification System (NAIC), published by the United States Department of Commerce; 4. The proposed use is consistent with the purpose of the district in which the use is proposed to be located; and 5. The proposed use is in substantial conformance with goals and objectives of the Comprehensive Plan. 11-1-6: ERRORS IN LEGAL DESCRIPTIONS OF PROPERTY: Where a property has not been zoned because of an error in a legal description, the following shall apply: A. If the error is caused by the City, the error shall be corrected and duly processed by the City as soon as the error is discovered. B. If the error is caused by the applicant and/or owner, the applicant shall apply for an Official Zoning Map amendment and submit the proper fees pursuant to CHAPTER 5 administration of this Title. 11-1-7: REFERENCES: References in this Title to other ordinances or codes of the City of Meridian and statutes of the State of Idaho are provided solely for the coordination of this Title with such other ordinances and statutes. Any amendments to cited codes that are adopted subseq uent to the adoption of this Title shall be applicable to this Title. 11-1-8: PRESERVATION OF PRIVATE PROPERTY RIGHTS: A. This Title shall be interpreted to equally protect citizens from the undue encroachment on their private property by their neighbors' use of their private property and equally protect each citizen's right to use of their property without creating undue burden upon their neighbors. B. In the administration of this Title, every person shall be secure in their premises, and no employee of the City shall enter upon, investigate, or Chapter 1 GENERAL REGULATIONS 8/29/05 search any of the premises of any citizen without the consent of such citizen or order issued by a court of proper jurisdiction. C. Every citizen of Meridian City shall have the right to appear in person or be represented by their agent before the Council in the proper order of business to appeal a decision pursuant to the procedures contained in CHAPTER 5 administration of this Titre. D. In the enforcement of this Title, it shall be deemed to apply equally to each citizen and each property in similar circumstances, and shall not be enforced to discriminate between one individual and/or another individual or other group as compared to all others. 11-1-9: SAVING CLAUSE: Should any section, clause, or regulation of this Title be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Title as a whole, or any part thereof, other than the part so declared to be invalid, each section, clause, or regulation hereof being declared severable. 11-1-10: VIOLATIONS: A. It is a violation of the Unified Development Code for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or real property within the City of Median without first obtaining proper permits or authorizations required for the use by this Title. B. It is a violation of the Unified Development Code for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within the City of Meridian in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this Title or previous codes. C. It is a violation of the Unified Development Code for any person to not comply with specific conditions of approval as stated in a Certificate of Zoning Compliance, Conditional Use Permit, Final Plat, or Planned Development as set forth in this Title. D. It is a violation of the Unified Development Code to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization as set forth in this Title. E. It is a violation of the Unified Development Code for anyone to fail to comply with the requirements of the development code, as set out in the specific sections of this Title. 11-1-11: CODE ENFORCEMENT: A. Duty to Enforce: Chapter 1 GENERAL REGULATIONS 8/29/05 1. It shall be the duty of the Planning Director to interpret this Title. 2. It shall be the duty of the Code Enforcement Division of the PoHce Department to enforce the regulations of this Tile, as set forth in Section 11- 1-11 of this Title. Code Enforcement officers may call upon the services of the planning, fire, parks or other appropriate city departments to assist in enforcement. 3. It is the intent of this Title to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope this Title. B. Investigation: 1. The code enforcement officer shall investigate any structure or use which he or she reasonably believes does not comply with the standards and requirements of this Title. 2. If, after investigation, it is determined that the standards or requirements of this Title have been violated, a code enforcement officer shall serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall state separately each standard or requirement violated; shall state what corrective action, if any, is necessary to comply with the standards or requirements; and shall set a reasonable time for compliance. The notice shall state that any further violation may result in criminal prosecution and/or civil penalties. 3. The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested addressed to the last known address of such person. If, after a time and effort is made to serve or mail notice without success, then notice may be made by publication in the newspaper of record for the City of Meridian. The Code Enforcement officer will record all efforts made to effect service in person or by mail as part of their investigative report. C. Extension of Compliance Date: 1. The Planning Director may grant a reasonable extension of time for compliance with any notice or order, whether pending or final, upon finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. Such extension of time shall not exceed one hundred and eighty (180) days. 2. An extension of time may be revoked by the Planning Director if it is shown that any of the following are true: the conditions at the time the extension was granted have changed, the Code Enforcement officer determines that a party is not performing corrective actions as agreed and so notifies the Chapter 1 GENERAL REGULATIONS 8/29/05 Planning Director, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date. 11-1-12: PENAL TIES: A A violation of the provisions of this Title is declared a Misdemeanor. Any person violating or failing to comply with any of the provisions of this Title shall be subject to criminal prosecution and upon conviction shall be fined in a sum not exceeding one thousand dollars ($1,000.00) or be imprisoned for a term not exceeding six (6) months or be both fined and imprisoned. Each day of noncompliance with any of the provisions of this Title shall constitute a separate offense. B. Notwithstanding the provisions of Subsection A above, the City Attorney, at his or her sole discretion, may civilly prosecute any violation of this Code and seek all available remedies that may include, but are not limited to abatement of the non-compliant conditions, revocation of existing permits for non-compliance, civil damages for enforcement, or any other remedy as allowed by law. C. The City may file a lien upon any real property owned by convicted person if they fail to comply with the penalty as set forth in this Section. Chapter 1 GENERAL REGULATIONS 8/29/05 CHAPTER 1 GENERAL REGULATIONS ARTICLE A. DEFINITIONS ARTICLE A. SECTIONS: 11-1A-1: DEFINITIONS 11-1A-2: FIGURE 11-1A-1 AND FIGURE 11-1A-2 11-1 A-1 : DEFINITIONS: As used in this Title, each of the terms defined shall have the meaning given in this section unless a different meaning is clearly required by the content. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The most current version of the Merriam-Webster's Unabridged Dictionary of the English Language shall be considered as providing accepted meanings. References to the NAIC are North American Industrial Classification System (NAIC), published by the United States Department of Commerce. ABANDONED ABUT OR ABUTTING ACCESSORY STRUCTURE ACCESSORY USE ADA COUNTY STREET NAME COMMITTEE ALLEY ALLOWED USE AL TERA TIONS, STRUCTURAL ALTERNATIVE COMPLIANCE To cease or discontinue a use or activity for twelve (12) months without apparent intent to resume. See also sign, abandoned. Having a common border with the subject property. A detached structure in a residential base district that is incidental and subordinate to the principal structure and is located upon the same property. The term accessory structure shall include, but not be limlled to, the following: private garage, storage structure, workshop, and/or greenhouse. The term shall not include additional structures for approved public, commercial, or industrial uses. A use that is incidental and subordinate to the principal use, and is conducted upon the same property. An advisory group on street naming. A public or private way affording only secondary means of access to abutting property at the back or side of a property. Any use listed in Tables 11-2A-2, 11-2B-2, 11-2C-2 and 11-20-2, as a principal permitted, conditional, or an accessory use. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structures, such as bearing walls, columns, beams, and girders. An administrative determination that a specific application achieves or exceeds specific requirements as set forth in this Title. Consideration of alternative compliance is limited in circumstances as identified in this Title. Chapter 1 Article A. DEFINITIONS ANIMAL CARE FACILITY ANNEXATION ANTENNA ANTENNA, OMNI-DIRECTIONAL ANTENNA, ANCILLARY ANTENNA, DIRECTIONAL ANTENNA, PARABOLIC APPROACH APPROVED USE ARTERIAL ARTISTS STUDIO ARTS, ENTERTAINMENT AND RECREATION FACILITIES (NAICS CODE 71) AWNING AUTOMATED TELLER MACHINE (ATM} 8/29/05 Any structure, or portion thereof, that is designed or used for the boarding, care, grooming, diagnosis or treatment of animals, including but not limited to sick, ailing, infirm or injured animals, and those that are in need of medical or surgical attention. The term animal care shall include but not be limited to an animal clinic, animal hospital, or veterinary office or ken nef. The process by which the City's corporate boundary is expanded to incorporate additional property pursuant to Idaho Code S50.222. A transmitting or receiving device used in telecommunication that radiates or captures radio or other signals, including omni-directional or whip, directional or panel, parabolic or dish, and ancillary antennae. Also known as a whip antenna. Receives and transmits signals in a 360 degree pattern of varying lengths and typically less than 4 inches in diameter. An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communication services (i.e., cell phone service.) An example would be a global positioning antenna. Also known as panel antenna. Receives and transmits a signal in a directional pattern typically encompassing an arc of 120 degrees. Also known as dish antenna. A bowl.shaped device that receives and transmits signals in a specific directional pattern. Approach: A connection between the outside edge of the shoulder or curb line and the abutting property at the highway right-ot-way line, intended to provide access to and trom said highway and the abutting property. An approach may include a driveway, alley, street, road or highway. The term approved use as used in this Article shall include, but not be limited to: a principal permitted use with a certificate of zoning compliance; an approved conditional use; or an approved accessory use. See street, arterial. The use of the site for small-scale, craftsman-operated production of materials, assembly of parts, or the blending of materials, including metal, plastics, computer components, electronics, oils, and resins. Uses included are furniture refinishing, machine shops, cabinet- makers, frame shops, and works of art. The use of a site or facility for entertainment, spectator sports or recreational activities. The use includes, but is not limited to: amusement parks, carnivals, motion picture and performing arts theaters, racetracks, sports fields, golf courses, fitness clubs, museums, zoos, marinas, bowling, video and other games and amusements. A projecting cover extending over a door, window or wall section with support attached to the structures and used as cover, protection, or as decoration. A pedestrian-oriented banking device operated by a financial institution for use by its customers for conducting transactions. The machines may be located at or within the financial institutions, or in other locations. AT Ms for use by customers in vehicles are included in the definition of drive.through establishment. Chapter 1 Article A. DEFINITIONS BABYSITTING BARRIER BERM BUFFER BUILDING BUILDING ENVELOPE BUILDING MATERIAL, GARDEN EQUIPMENT, AND SUPPLIES (NAICS CODE 444) BUILDING OFFICIAL CALIPER CANOPY CASH ESCROW CEMETERY CERTIFICATE OF OCCUPANCY CERTIFICATE OF ZONING COMPLIANCE CHORD MEASUREMENT CHURCH OR PlACE OF RELIGIOUS WORSHIP 8/29/05 1) The act of caring for up to three (3) children at the home of the babysitter while the parents or usual guardians are absent on a sporadic or occasional basis; or 2) The act of caring for sibling children at their home or at the home of a relative. Babysitting is not regulated by this Title. A vertical element including, but not limited to, a fence, wall, structure, or a combination thereof, that completely surrounds an area and conlrols access to such area. An earthen mound designed to provide visual interest, screen undesirable views, andlor decrease noise. A combination of physical space and vertical elements, including but not limited to, trees, shrubs, berms, artwork, fountains, seating andlor other landscape features. A building shall be as defined by Title 10 BUILDINGREGULATfONS, Chapter 1, of the Meridian City Code. The area on a property exclusive of the required yards, setbacks, buffers, and un buildable areas. See Figure 11-1A-1. The use of a site for the retail sale and service of merchandise used in home and garden improvements. The use includes home and garden centers; hardware stores; lawn and garden equipment supply stores; paint and wallpaper stores; lumber yards; nursery, garden and farm supply stores. The officer or other designated authority charged with the administration and enforcement of the Building Code as established by Title 7 of the Meridian City Code or the Building Official's duly authorized representative. A measurement of the diameter of the trunk of a deciduous tree. The caliper of the trunk shall be measured six (6) inches above the ground for all trees up to and including 4-inch caliper size, and 12 inches above the ground for larger sizes. A roof-like structure projecting from the exterior surface of a building, but not attached to the building or freestanding, constructed of a supporting framework and covered with nonrigid materials. Cash or certified check submitted to the City Clerk for incomplete landscape improvements in order to secure a temporary Certificate of Occupancy. The use of a site for the interment of human remains or cremated remains. The use includes burial parks, mausoleum for vault or crypt interments, columbarium for cinerary interments or a combination thereof. Official certification that a building and site conform to the provisions of City Codes, including appropriate conditions such as a development agreement, andlor conditional use permit. A document issued by the Director that certifies that the structure or use meets the requirements of this Title. A straight line measurement from the beginning point of a curvature to the ending point of a curvature. An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the State of Idaho with a state tax exempt status in accord with Idaho Code ~63-602B. Chapter 1 Article A. DEFINITIONS CITY CITY ENGINEER CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS (NAICS CODE 813) CLEAR VISION TRIANGLE COLOCA TION COMMERCIAL VEHICLE COMMISSION COMMON DRIVE COMPREHENSIVE PLAN CONDITIONAL USE CONDOMINIUM CONTIGUOUS LAND CONTRACTOR CONTRACTOR'S YARD CORNER PROPERTY COUNCIL CUL-DE-SAC 8/29/05 The City of Meridian, Idaho. The City Engineer of the City of Meridian, Idaho, or an authorized representative of the Meridian Public Works Department. A facility owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests; and not primarily operated for profit nor to render a service that is customarily carried on as a business. The boundaries of an area at the intersection of (a) two (2) public streets; (b) the intersection of a public street and driveway; (c) the intersection of a public street and alley; or (d) at the crossing of a rail road over a street, where visual observations are limited and specified by this Title for the purpose of protecting public health and safety. Also known as a sight vision triangle. See Figure 11-3A-1. The use of a single tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna to a preexisting structure. See vehicle, commercial. The Planning and Zoning Commission of the City of Meridian, Idaho. An access shared by adjacent property owners that is privately owned and maintained. The duly adopted comprehensive plan for the City of Meridian, Idaho, pursuant to the "Local Land Use Planning Ac!," Idaho Code 967-6501 et seq. as amended. A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, hours of operation, or noise), is allowed in a district subject to approval by the Planning and Zoning Commission and subject to special requirements in conformance with Chapter 5, Article B of this Title and as enabled by Idaho Code 967-6512. An estate in real property as defined in Idaho Code 955-101B that is not a subdivision. Unplatted parcels held in one ownership that abut each other at a common boundary. A person who agrees to furnish materials or perform services at a specified price, especially for construction. The term contractor shall include, but not be limited to, building, landscaping, electrical, plu mbing, heating, or air condition ing contractors. Any area of land used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land used for minor pre-install alion work or repair of machinery used for any of the above listed activities. See property, comer. Meridian City Council. See street, cul-de-sac. Chapter 1 Article A. DEFINITIONS 8/29/05 DAY CARE FACILITY Any home, structure or place where nonmedical care, protection or supeNision is regularly provided to children under twelve years of age, or disabled persons of any age, for periods of less than twenty-four (24) hours per day, while the parents or guardians are not on the premises. There are three types of day care facilities distinguished by the number of individuals seNed: Day care center: more than twelve (12). Day care, group: more than six (6) but no greater than twelve (12). Day care, family: six (6) or fewer. DECISION-MAKING BODY The Director, Commission, Of Council, as set forth in Chapter 5 of this Title. DEDICATION The setting apart of land or interests in land for public use, charitable, religious, or educational purposes. DENSITY The number of dwelling units per acre of land. DENSITY, GROSS The ratio of the total number of dwelling units within a development divided by the total area, including streets; alleys; easements; waterways; and common spaces. DEVELOPMENT Any construction or installation of a structure, or any change in use of a structure, or any subdivision of property, or any change in the use of the land that creates additional demand and/or need for public facilities. DEVELOPMENT A written agreement as a condition of annexation or rezone between the Council and an AGREEMENT owner or applicant concerning the use or development of a property in accord with Idaho Code ~67-6511A and Chapter 5 ADMINISTRATION of this Title. DEVELOPMENT An application for development that requlres approval andlor action by the Director, APPLICATION Commission, or Council. DIRECTOR The Director of the Meridian City Planning Department or an authorized representative, DISTRICT OR ZONE The zone district classification, listed in Chapter 2 of this Title, in effect on any given property. DRINKING The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. The use ESTABLISHMENT includes, but is not limited, to bar, brewery, lounge, night club, and tavern. DRIVE-THROUGH The use of a portion of a structure where business is transacted, or is capable of being ESTABLISHMENT transacted, directly with customers located in a motor vehicle. The term drive-through establishment shall include, but not be limited to, providing food or beverage service, bank service, and/or fJlm processing. The term drive-through establishment shall not include fuel sales facility or vehicle washing facility as herein defined. DUSTLESS MATERIALS Hard surfaces used for driveways, loading and parking including but not limited to concrete, asphalt, grasscrete, pavers, bricks, and macadam. DWELLING OR Any structure, or portion thereof, providing independent living facilities for one family as herein DWELLING UNIT defined, including provisions for living, sleeping, eating, cooking, and sanitation. See Figure 11-1 A-2, of this TiUe, for types of dwellings. DWELLING, MULTIFAMILY A structure, or portion thereof, that contains three (3) or more dwelling units or apartments, where all such units are located on the same property. For the purposes of this Title, a multifamily dwelling shall be deemed multifamily development. Chapter 1 Article A. DEFINITIONS DWELLING, SECONDARY DWELLING, SINGLE- FAMILY ATTACHED DWELLING, SINGLE- FAMILY DETACHED DWELLING, TOWNHOUSE DWELLING, TWO-FAMILY DUPLEX EASEMENT EDUCATION INSTITUTION, PRIVATE (NAICS CODE 61) EDUCATION INSTITUTION, PUBLIC (NAICS CODE 61) 8/29/05 A habitable dwelling unit established in conjunction with and subordinate to a single-family dwelling unit. The term shall include guest house, granny flat, carriage house, garage apartment and caretaker unit. A structure containing two (2) dwelling units attached by a common wall or walls, where each dwelling unit is located on a separate property. A detached structure that accommodates a single dwelling. A structure containing three (3) or more dwelling units attached by common walls where each dwelling unit is located on a separate property. A structure containing two (2) dwelling units attached by a common wall, where both dwelling units are located on the same property. A right of use, falling short of ownership, and usually for a certain stated purpose, as defined by Idaho Code s50-1301. The use of a site for education purposes not supported by the State of Idaho. The use includes, but is not limited to. elementary and secondary schools; institutions of higher learning: professional, technical and trade schools: driving schools; fine arts schools and studios. The use of a site for education supported by the state of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher learning; and vocational schools. EMPLOYEE A person employed on the premises by the property owner and receiving not less than seventy-five percent (75%) of the employee's annual income from said property owners. ENTERTAINMENT, ADULT Adult entertainment shall be as defined in Title 3, Chapter 10 of the Meridian City Code. EQUIPMENT SALES, The use of a site for the sale, rental or servicing of tools, trucks, tractors, construction RENTAL AND SERVICES equipment, agricultural implements, or similar industrial eqUipment. FAMILY 1) A person living alone or two or more persons related by blood or marriage; 2) A group of not more than ten (10) persons who need not be related by blood or marriage living together in a dwelling unit; 3) Eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervision, provided that no more than two (2) staff members reside in the dwelling at anyone time. FENCE An enclosure or barrIer constructed of wood, masonry, stone, wire, metal or other manufactured materials used to enclose, screen or separate areas. Walls, latticework, and screen are consIdered fences. FENCE, CLOSED VISION A fence that does restrict or impede vision or sight through the fence by twenty percent (20%) or more. FENCE, OPEN VISION A fence that does not restrict or impede vision or sight through the fence by mOfe than twenty percent (20%). FENCE, NON-SCALABLE A fence erected as a barrier to unauthorized access by persons or vehicles, usually six feet (6') in height and often made of wrought iron or woven wire. Chapter 1 Article A. DEFINITIONS FENCE, SOLID FINAL PLAT FINANCIAL INSTITUTION (NAICS CODE 52) FLAG, CONVENTIONAL FLAG, DECORATIVE FLAMMABLE SUBSTANCE STORAGE FLEX SPACE FLOOR AREA, GROSS FOOD PRODUCTS, PROCESSING (NAICS CODE 311) FOOTPRINT FREIGHT TERMINAL FRONT PROPERTY LINE FRONTAGE FRONTAGE STREET FULL CUT-OFF SHIELD FUEL SALES FACILITY FUEL SALES FACILITY, TRUCK STOP GIRDLING 8/29/05 A fence that effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it. See plat, final. The use of a site for lending, exchanging and handling money or currency for customers. The use includes, but is not limited to, credit unions, savings and loan, commercial banks, cash machines, insurance agents, and loan establishments. Any fabric or bunting containing distinctive colors, patterns, or emblems used as a symbol of a government, political subdivision, or other such entity. Any fabric or bunting containing distinctive colors, patterns, or symbols used to communicate business identification andfor attract, distract, hold, direct or focus public attention. An establishment, or portion thereof, wherein combustible substances (as defined by the Uniform Fire Code) are stored. The use of a site for warehousing, offices, and/or retail showroom. Flexibility in use of the interior spaces and low-scale, attractive exterior appearance characterize flex buildings. The measure of total square footage of habitable space of a structure. The use of a site for producing, manufacturing, processing or storage of food products, The use includes, but is not limited to beverages, coffee, ice, snacks, fruits, vegetables, spices, confectionary, and dairy products, Excluded uses are animal products, seafood, milling and refining. Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls andfor footings. See terminal, freight or truck. See property line, front. The front of the property, measured along the street from side property line to side property line. On corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage. See street, frontage. In its installed position, a light fixture with a full cut-off shield will not allow any direct light above a horizontal plane and no more than five percent (5%) of the total light output may come from the zone from fifteen (15) degrees below the horizontal to the horizontal plane. See Figure 11-3A-4, of this Title. A retail establishment that sells and supplies motor fuel, lubricating oils, andfor grease to on. premise trade. The use may also include an accessory convenience store selling a limited line of groceries and self- service food items. A retail establishment that sells and supplies motor fuel, lubricating oils, andfor grease to on- premise trade, primarily to trucking industry. The use may also include accessory repair shops, automated washes, convenience store, restaurant and/or motel. Damaging or removing the bark and cambium layer around a tree trunk in a manner that usually kills the tree. Chapter 1 Article A. DEFINITIONS GLARE GRADE GRANDFATHER RIGHTS GRAND OPENING GROSS LAND AREA HARDSHIP HEAD-TO-HEAD SPACING HEALTH AUTHORITY HEALTH CARE AND SOCIAL SERVICES (NAICS CODE 62) HEAVY INDUSTRY HEIGHT, WIRELESS COMMUNICATION FACILITY HOME OCCUPATION HOSPITAL HOTEL OR MOTEL 8/29/05 Light emitted from a fixture with intensity great enough to cause visual discomfort, eye fatigue, reduction in a viewer's ability to see and, in extreme cases, momentary blindness. The elevation of the finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure. See Chapter 1, Article B nonconforming property, use, or structure of this Title. A promotional activity used by newly established businesses, within two (2) months after occupancy, to inform the public of their location and service available to the community. Grand opening does not mean an annual or occasional promotion of retail sales by a business. The total area of the land being developed, exclusive of required street buffers and buffers between incompatible land uses. The calculation for required open space in residential subdivisions and multifamily residential development is based on the gross land area of the land being developed. An unusual situation on an individual property that will not permit the property owner to enjoy the full utilization of their property as is enjoyed by others in the same District. A hardship can exist only when it is not self-created. Examples of hardship include unusual shape of the property, natural features, or other exceptional physical conditions on the property. Placement of sprinkler heads in a rectangular pattern such that one sprinkler head sprays to the next (spacing is fifty percent (50%) of the sprinkler's spray diameter). The Central District Health Department, the Idaho Department of Health and Welfare, the United States Environmental Protection Agency, and any agency as may succeed to any of their powers. The term health authority shall be liberally construed to include all of the adopted, approved or certified plans, rules, regulations, statutes or laws of the health authority. The use of a site for am bulatory health care services. Included in this use are offices of dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning centers, medical and diagnostic laboratories, imaging centers, kidney dialysis centers; blood and organ banks. See industry, heavy. The vertical distance measured from finished grade to the top of the pole, structure, or tower, including the antenna. An occupation, profession, activity, or use that is clearly an incidental and secondary use of a residential dwelling unit and that does not alter the exterior of the property or affect the residential character of the neighborhood. A medical institution licensed by the State that is devoted to the maintenance and operation of facilities for the medical or surgical care of patients twenty-four (24) hours a day, including air transport facilities. The term hospital does not include health care and social services, nursing and residential care facility, or establishments that forcibly confine patients. An establishment that provides lodging to the public for a fee as defined by Idaho Code 967- 4711. Chapter 1 Article A. DEFINITIONS 8/29/05 IMPACT AREA The area of future possible city incorporation as established by the Area of City Impact Agreement with Ada County. IMPERVIOUS SURFACE A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration or absorption by water. It includes surfaces such as compacted sand or clay as well as most conventionally surfaced streets, roofs, sidewal ks and parking lots. INDUSTRY, The use of a site for processing data. The use includes, but is not limited to, publishing INFORMATION industries such as newspapers, books, music, Internet and software; recording and broadcasting studios; data processing centers, call centers, Internet providers and other (NAISC CODE 51) information systems. INDUSTRY, HEAVY 1) A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; 2) A use engaged in storage or manufacturing processes using flammable or explosive materials; 3) Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. INDUSTRY, LIGHT A use engaged in the manufacture, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials. INFILL Any vacant lot or parcel within a developed area of the City, where at least eighty percent (80%) of the land within a three hundred feet (300') radius of the site has been developed, and where water, sewer, streets, schools and fire protection have already been developed and are provided. JUNK Discarded, used, or secondhand materials, including but not limited to, used machinery, scrap copper, brass, iron, steel, other ferrous and non-ferrous metals, tools, appliances, implements, vehicles or portions thereof, furniture, beds and bedding, rags, glass, plastic, cordage, rubber, building materials (excluding lumber), or other waste that has been abandoned from its original use and may be used again in its present or in a new form. LANDSCAPE Watering, weeding, pruning, mowing, litter removal, pest control, and removal/repair of MAINTENANCE vandalism as needed to maintain a neat and orderly appearance. LAUNDROMAT 1) An establishment that provides washing, drying, and/or ironing machines for hire; 2) an establishment that provides washing, drying and/or ironing services to walk-in retail customers. LAUNDRY AND DRY An establishment that washes large quantities of laundry or dry cleaning for commercial CLEANING patrons in machines larger than standard laundry machines. LETTER OF CREDIT A letter issued by a bank or other guaranteed financial institution authorizing the City of Meridian to draw a stated amount of money from the issuing bank under specific, stated conditions. LIGHT INDUSTRY See industry, light. LIGHTING, DIRECT Lighting, the source of which is visible to a viewer and/or which is reffected from the surface of a sign or building. This definition shall include exposed neon lights and tubing. LIGHTING, INDIRECT OR Lighting for which the source of light is located in such a manner that the light must travel INTERNAL through a translucent material other than the bulb or tube necessary to enclose the light source, which material has the effect of dispersing the light before it strikes the eye of the viewer. LIVING AREA The area of a residential dwelling as measured in square feet, excluding the garage. Chapter 1 Article A. DEFINITIONS 8/29/05 LOT A portion of a subdivision intended as a unit for transfer of ownership and development. LOT, COMMON A lot held in common ownership among all owners of the subdivision and separate from individual building lots. MANSARD ROOF A sloped facade architecturally able to be treated as a building wall. MANUFACTURED HOME 1) A dwelling constructed according to HUD/FHA construction and safety standards and as defined by Idaho Code 939-4105.2) A rehabilitated dwelling certified by the State of Idaho Department of Labor and Industry, Building Safety Division. MANUFACTURED HOME A multifamily residential development developed exclusively for siting manufactured homes on PARK individual spaces that are rented or leased. MATCHED Sprinklers that are designed to work together on the same irrigation valve to deliver an PRECIPITATION RATES equivalent rate of water application, regardless of the arc of the nozzle being used. MEW Dwelling units built around a common open space area or court where the units face the open space area and are generally not accessed from a public street. MICROPATH A pathway providing access by way of a short travel link between points of destination. MITIGATION An action that will eliminate, minimize or compensate for impacts from development or uses. MOBILE HOME A transportable structure suitable for year-round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to June 15, 1976. MONOPOLE A cylindrical-shaped pole, usually made of steel, that has no visible break in shape or appearance, other than tapering, which is secured to the ground in a manner to stand vertically upright. MORTUARY An establishment in which deceased human bodies are kept and prepared for burial or cremation. MOTEL See hotel or motel. MULCH A protective covering placed around plants to prevent the evaporation of moisture, the freezi ng of roots, and the growth of weeds. MULTIFAMILY Development where there are three (3) or more dwelling units or apartments located on the DEVELOPMENT same property. A multifamily dwelling mayor may not be present on the property. MULTIFAMILY DWELLING See dwelling, multifamily. NATURAL WATERWAYS Natural waterways as defined by the United States Army Corp of Engineers, including but not limited to, the Five Mile Creek, Eight Mile Creek, Ten Mile Creek, and Jackson Drain. NEIGHBORING Abutting properties and any properties separated from the subject property solely by a PROPERTIES roadway or dedicated easement. NONCONFORMING A property that lawfully existed prior to the effective date of this Title, but that does not now PROPERTY conform to the dimensional standards for the district in which it is located. NONCONFORMING SIGN See sign, nonconforming. 10 Chapter 1 Article A. DEFINITIONS NONCONFORMING STRUCTURE NONCONFORMING USE NURSERY OR URBAN FARM NURSING AND RESIDENTIAL CARE FACILITY (NAICS CODE 623) OPEN SPACE OUTDOOR ACTIVITY AREA OWNER PARCEL PARCEL OF RECORD, ORIGINAL PARKING FACILITY PARKING LOT OVERLAY PARKING LOT REPLACEMENT PARKING LOT, RESTRIPING PARKING SPACE, OFF- STREET PARK PARKWAY 11 8/29/05 A structure that was lawfully constructed and/or existing prior to the effective date of this Title but that does not conform to the dimensional standards for the district in which it is located. A use that lawfully existed prior to the effective date of this Title but that does not now conform to the allowed uses for the district in which it is located. For the purposes of this Title, nonconforming parking lot design and landscaping shall be deemed a nonconforming use. Any grounds, structures, greenhouses, or premises in which garden, landscaping, or florist's stock is propagated, grown, stored, or packed for commercial sale, and where the general public may purchase goods. The use of a site for providing assistance to individuals needed to perform the routines of daily life. The use includes, but is not limited to, children's treatment facility, assisted care, skilled nursing facility, residential care facility, and drug and alcohol treatment facility. An area substantially open to the sky that may be on the same property with a structure. The area may include, along with the natural environmental features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term sh all not include streets, parking areas, or structures for habitation. An area not fully enclosed that is associated with the use, including storage, equipment, loading and docking, but excluding vehicle parking. A person, as herein defined, having sufficient proprietary interest in the land to maintain proceedings under this Title. A tract of unplatted land or contiguous unplatted land held in single ownership, considered a unit for purposes of development. A parcel of land that was of record in the Ada County Recorder's office prior to April 2, 1984. The use of a site for parking vehicles for a fee. Any resurfacing of existing parking lot areas with asphalt or other permanent material. Removal of the existing parking surface done for the purpose of improvement or repair. Any change in the configuration, size or distribution of existing painted stripes designed to create spaces for motorized vehicles. An area adequate for parking an automobile with dimensions conforming to the requirements of Chapter 3, Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS of this Title. A public or private open space that is primarily used for active recreation. A landscaped area located between the edge of a street section or curb and a sidewalk dedicated to separate pedestrian and vehicular traffic. Chapter 1 Article A. DEFINITIONS PEDESTRIAN SCALE PENNANT PERMITTED USE PERSON PERSONAL AND PROFESSIONAL SERVICES PLANNED UNIT DEVELOPMENT (PUO) PLAT, FINAL PLAT, PRELIMINARY PLAT, RECORDED POWER PLANT PRINCIPAL PERMITTED USE PROHIBITED USE PROPERTY PROPERTY BOUNDARY ADJUSTMENT 12 8/29/05 The proportional relationship between buildings, outdoor spaces, or streetscapes and the dimensions of the human body. Design on a pedestrian scale is dimensionally smaller than design intended for vehicular traffic flow. Examples are lighting and other street features that are no higher than twelve feet (12'); surfaces with small dimensions such as brick and pavers, a variety of planting and landscaping; arcades or awnings that reduce the perception of wall heights; buildings that reflect detail, texture and variety, and signs that are designed for the pedestrian viewing from a short distance. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. The display of a single pennant, unattached to another, may be regarded as a type of decorative flag. See principal permitted use. Includes, but is not limited to, an individual, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other or any other similar entity. The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to beauty and health care services such as salons, h air, nail and skin care, spa, and barbers; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but are not limited to: architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios, and title companies. The term does not include health care and social service. Property planned as a unit that demonstrates innovation and creativity in site design to protect natural features, preserve open space and create public amenities. A map or plan of an approved preliminary plat meeting all the requirements as set forth in Chapter 6 SUBDIVISION REGULATIONS of this Title and in a form required for recording with the Ada County Recorder. A tentative map or plan of a proposed subdivision of land, cemetery, or replatling of land, meeting all the requirements set forth in Chapter 6 SUBDIVISION REGULA nONS of this Title. A final plat including certificates, descriptions, approvals and requirements as set forth in Chapter 6 SUBDIVISION REGULATIONS of this Title and the Idaho Statutes, and recorded with the Ada County Recorder. 1) An electricity-generating facility regulated by the Federal Energy Regul atory Commission including, but not limited to, fossil fuel, geothermal, hydroelectric, biomass, and wind energy conversion facilities; or 2) A Qualifying Facility as set forth in 18 CFR Part 131.80. The use of land or a structure allowed in a specific district as distinguished from an accessory or conditional use. Any use that is not listed as an allowed use for that district in Tables 11-2A-2, 11-2B-1, 11-2C- 1, and 11-20-1, or as determined by the Di rector in accord with Chapter 1 GENERAL REGULATIONS of this Title. A lot or parcel as herein defined. The division for conveyance of a lot or parcel for the purpose of adjusting the boundary between properties. Chapter 1 Article A DEFINITIONS 8/29/05 PROPERTY, CORNER A property located at the intersection of two (2) or more streets. PROPERTY, FLAG A property in the shape of a flag on a pole where access to the street is from a narrow right-of. way. PROPERTY LINE, FRONT The line separating the lot or parcel from the street on which it takes access, excluding alleys. PROPERTY LINE, REAR The property line opposite and most distant from the front property line. Where the lot or parcel is irregu lar and the property I ines converge, the rear property line shall be deemed to be a line at a point where the side property lines are not less than twenty (20) feet apart. PROPERTY LINE, SIDE Any property line other than a front or rear property line. A property line adjoining a street is called a street side property line. A property line adjoining another property is called an interior side property line. PROPERTY SIZE The computed horizontal area contained within a property. PROPERTY, THROUGH A property other than a corner property having frontage on two (2) parallel or approximately parallel streets, excluding alleys. PUBLIC AMENITY The term public use or amenity shall include, but not be limited to, the following: school site, bike path, transit shelter, park site, and public safety facility such as police, fire, or emergency medical faci Iities. PUBLIC OR QUASI- The use of a site for a public purpose or public facility, including municipal, state and federal PUBLIC USE services. The use includes, but is not limited to, city hall; community centers; courts; emission testing facility; fire station; law enforcement; library; park-and-ride lot; post office; and transit stations. PUBLIC RIGHT-OF-WAY A right-of-way open to the public and subject to the jurisdiction of a public highway agency. PUBLIC UTILITY Facilities owned and operated by a public utility as defined in Idaho Code 961-129. PUBLIC The use of a site for a public infrastructure including, but not limited to: 1) power substation, INFRASTRUCTURE electric substation, grid switching site, electric transmission line; 2) water reservoir; and 3) municipal wastewater and treatment facility. PUBLIC UTILITY, MINOR The use of a site for minor public utility infrastructure including, but not limited to: 1) pumping station for water, sewer, or gas; 2) electric sub-transmission line, electric distribution line; 3) water tank; and 4) storm drainage facility and storm detention facility that is not within a right- of-way. PUBLIC UTILITY, MAJOR The use of a site for a public purpose, including municipal and utility shops, garage, or storage. QUASI PUBLIC USE See pUblic or quasi-public use. REAR PROPERTY LINE See property line, rear. REAR YARD See yard, rear. RECREATION ITEM, The term personal recreation item shall include, but not be limited to, bus, boat, snowmobile, PERSONAL horse trailer, and all terrain vehicles. RECREATIONAL VEHICLE A portable structure primarily designed as temporary living accommodation for recreational, camping, and travel use and as defined in Idaho Code 949-119. 13 Chapter 1 Article A. DEFINITIONS 8/29/05 RECREATIONAL VEHICLE A premise upon that two (2) or more parking sites are located, established, or maintained for PARK occupancy by recreational vehicles for temporary use for recreation or vacation purposes. RECYCLING CENTER An estabJishmenlthat is not a junkyard and in which recoverable resource materials, such as paper products, glassware, and metal cans, are collected, sorted, flattened, crushed, or bundled within a completely enclosed structure prior to shipment to others who use such resource materials to manufacture new products. RESIDENTIAL DISTRICT For the purposes of this Title, the term residential district shall include the Low Density Residential District (R-2), Medium Low Density Residential District (R-4), Medium Density Residential District (R-B), Medium High Density Residential District (R-15), High Density Residential District (R-40), and Traditional Neighborhood Residential District (TN-R). REQUIRED YARD See yard, required. RESTAURANT 1) The use of a site for the primary purpose of food preparation, having kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery; sushi bar, steakhouse. 2) Establishments with a liquor license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho Administrative Code 11.05.01.04. 3) Establishments with a beer and wine license that meet the definition of restaurant as set forth in Idaho Administrative Code 11.05.01.04, including but not limited to brew pubs and wine bars. RETAIL STORE The use of a site that offers merchandise to the public for monetary compensation. The use includes, but is not limited to, convenience stores; food stores; apparel and accessories stores; book, computer, and music stores; electron ics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; hobby, office supplies, stationary and gift stores; specialty stores; sporting goods; and used merchandise stores. RIGHT-OF-WAY See public right-oF-way. SECTION LINE ROADS The following roads are section line roads within the Meridian Area of City Impact: McDermott, Black Cat, Ten Mile, Liner, Meridian, Locust Grove, Eagle, Chinden, McMillan, Ustick, Fairview, Franklin, Overland, Victory, and Amity. The term shall include other roadways that follow surveying section lines as additional areas are added to the Meridian Area of City Impact. SELF-SERVICE USES Any commercial use in which there is not an attendant on the site during all hours of operation, including but not limited to automated teller machines, laundromats, vehicle washing, fuel sales facilities, and storage facilities. SETBACK The minimum required distance between the property line and the nearest structure. See Figure 11-1A-1. SIDE PROPERTY LINE See property line, side. SIDE YARD See yard, side. SIGHT VISION TRIANGLE See clear vision triangle. SIGN Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. See Figure 11-30-1. 14 Chapter 1 Article A. DEFINITIONS SIGN, ABANDONED SIGN, ANIMA TED SIGN, ARCHITECTURAL BLADE SIGN, AWNING SIGN, BACKGROUND AREA SIGN, BANNER SIGN, BILLBOARD SIGN, CENTER SIGN, CHANGEABLE PANEL SIGN, CONSTRUCTION SIGN, COpy SIGN, COPY AREA SIGN, DIRECTIONAL SIGN, FREESTANDING SIGN, HEIGHT OF 15 8/29/05 1) A sign that no longer serves to advertise a bona fide business, lessor, owner, or activity conducted or product available on the premises, where such sign is located. 2) An inoperable reader board. A sign, any visible part of which blinks, flashes, moves or changes color to depict action or create a special effect or scene, regardless of the source of energy causing the animation, except signs performing only a public service function indicating time, temperature, stock market quotations or similar services. Roof sign or projecting sign with no legs or braces that is an integral part of the building structure, rather than an object added to or standing on the building. The copy area or separate background areas attached to an awning. To be computed as a wall sign when awning is paralfelto the wall. The area comprising the portion of a sign on which copy could be placed, not including the supporting structure. When computing the area of sign background, only the face or faces that may be seen from one direction at one time shall be considered. Any lightweight fabric or similar material, usually with a message attached, that is mounted to a pole, building or other on.site structure. Flags, as herein described, shall not be considered ban ner signs. A non.point-of.sale sign that advertises a business, organization, event, person, place or thing and that is typically located adjacent to a state or interstate highway right-of.way. A freestanding sign allowed as part of the planned sign program. See Section 11-30.9 of this Title. See sign, readerboard. Any temporary sign located upon a property or construction site with a valid and active building permit and generally used for the purpose of identifying the participants, type, time, and reason for construction. Any combination of letters, numbers, or logos (identifying print) that is intended to inform, direct, or otherwise transmit information. The area of the sign occupied by copy. It is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the copy. A sign that foremost contains words such as "entrance,' "enter," "exi!," 'in," "out," or characters indicating traffic directions and used either in conjunc!ion with such words or separately~ A sign whose background or copy area is wholly supported by a column, pole, foundation, pedestal or other support structure in or upon the ground and that is independent from any structure or other structure. The distance measured vertically from the adjacent street grade as measured from the top of curb (or edge of pavement where no curb exists) to the highest paint of the sign or visual appurtenances. The height of any landscape berm or other structure erected to support or ornament the sign shall be measured as part of the sign height. For residential subdivision identification signs, sign height applies only to that portion of a structure which is physically supporting the sign background area. Other architectural elements primarily related to the entry feature are not regulated as part of the sign height. Chapter 1 Article A. DEFINITIONS SIGN, HANGING SIGN, HOLIDAY OR DECORATION SIGN, ILLUMINATED SIGN, NONCONFORMING SIGN, OFF-PREMISES SIGN, ORIENTATION SIGN, PERMANENT SIGN, POLE COVER SIGN, PROJECTING SIGN, PROJECTION SIGN, PUBLIC SERVICE INFORMATION SIGN, READERBOARD SIGN, REVOLVING OR OSCILLATING SIGN, ROOF SIGN, SCROLLING SIGN STRUCTURE SIGN, SUBDIVISION IDENTIFICATION SIGN, TEMPORARY SIGN, UNDER CANOPY SIGN, WALL 16 8/29/05 See sign, under canopy. Temporary signs in nature of decorations, clearly incidental to and customarily associated with any national, local or religious holiday. A sign that uses a source of light for illumination. A sign, sign structure, or use of a sign lawfully existing prior to the effective date of this Title but that does not now conform to the dimensional standards for the district in which it is located. A sign that is not related to the property upon which it is located or to the activity being conducted thereon. The placement of a sign in accord with its primary visibility from a particular location. Any sign intended and constructed to be long term in nature. Decorative structure or treatment that encloses the support structure of a freestanding sign. A sign other than a wall sign, Ihat projects from and is supported entirely by a wall of a building or other structure. The distance by which a sign extends over public property or beyond the building line. A. sign that provides general public service information such as time, date, temperature, weather, directional information and other non-commercial messages of interest to the traveling public. A sign on which copy is changed. Copy can be changed manually or automatically. Also known as a sign, changeable panel. Automated readerboards may also be classified as animated signs. Any sign that incorporates movement of the structure or any portion thereof. Any sign erected and constructed wholly on and over Ihe roof of a building, supported by the roof structure or extending vertically above the highest portion of the roof. A mansard roof is treated as a wall. Text or graphics usually as part of an electronic reader board that moves up or down or across a display screen in a consistent and predictable manner. Any structure that is specifically designed to support a sign, including decorative cover. A permanent structure intended to identify a subdivision that incorporates design elements and building materials consistent with the architecture and theme of the subdivision buildings and features. Any sign not permanently mounted or secured, displayed solely for short-term announcement, message or advertisement and for infrequent and limited time periods. (See Section 11-3D.6 TEMPORARY SIGNS OF this Title for specific types of temporary signs.) A sign suspended below the overhang or roof of a canopy Any sign that is attached, erected, or painted on the exterior wall of a building with the exposed face of the sign parallel to the wall. Also known as a fascia sign. Chapter 1 Article A. DEFINITIONS SIGN, WINDOW SINGLE-FAMILY ATTACHED DWELLING SINGLE-FAMILY DETACHED DWELLING SITE PLAN SOIL STABILIZATION SOLID WASTE TRANSFER STATION STATE STORAGE FACILITIES, OUTDOOR STORAGE FACILITY, SELF-SERVICE STORY STREET STREET, ARTERIAL STREET, COLLECTOR STREET, CUL-DE-SAC STREET, ENTRYWA Y CORRIDOR STREET FRONTAGE STREET ISLAND STREET KNUCKLE 17 8/29/05 Any sign, picture, symbol, or combination thereoF, designed to communicate inFormation about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible From the exterior of the window. See dwelling, single-family attached. See dwelling, single-family detached. A plan, to scale, showing existing and proposed uses, structures and improvements proposed for a property as required by the regulations involved. Such plans I nclude property lines, streets, driveways, parking, building sites, landscaping, open space, and utility easements. The state of having sufficient vegetation and gradual slopes to prevent soil erosion and sedimentation onto adjacent Features such as sidewalks, driveways, parking areas, lawns, or water bodies. The use of a site For the colleclion and temporary storage of solid waste for subsequent transport 10 a permanent disposal location. The State of Idaho. The use of a site where equipment, inventory, supplies, or other similar items are stored, including a building with a rooF but without walls completely enclosing the building. A structure or group of structures with a controlled access and fenced compound that contains individual, compartmentalized, or controlled units that are leased or sold to store material (including, but not limited to, goods, wares, merchandise, or vehicles.) The term story shall be as defined by Meridian City Building Code as set Forth in Tille 10, Chapter 1, of the Meridian City Municipal Code. A private or public right-oF-way that provides vehicular access to adjacent properties. The term street shall include, but not be limited to, a road, thoroughFare, parkway, avenue, boulevard, lane, place, or highway. A street designated as a major or minor arterial on the most recent Regional Transportation Plan for Ada County by the Community Planning Association of Southwest Idaho or the City of Meridian Comprehensive Plan that carries high-volume through traFFic on a continuous route. A street designated as a major or minor collector on the most recent Regional Transportation Plan for Ada County adopted by the Community Planning Association of Southwest Idaho or the City of Meridian Comprehensive Plan that carries traffic from local streets 10 arterials. A dead-end street provided with a turnaround at its terminus. Arterial roadways that introduce both visitors and residents to the City of Meridian, as defined by the City's Comprehensive Plan. The distance measured along the property line, which Fronts upon a street or alley or other principal thoroughfare that provides vehicular access to a property. A landscape island located within or surrounded by public street right-oF-way. An expansion of a local street providing access to abutting properties. Chapter 1 Article A. DEFINITIONS 8/29/05 STREET, LOCAL A street used primarily for access to abutting properties. STREET, PUBLIC A street that is subject to the jurisdiction ofthe Idaho Department of Transportation (ITO) or the Transportation Authority (ACHD). STREET, PRIVATE A roadway that is not dedicated to the publlc that is not a part of the publlc highway system, and that is approved pursuant to Chapter 3, Article F. PRIVATE STREET REQUIREMENTS of this Title. STROBE LIGHT An attention-getting device that emits a repetitive light; independent of, or as part of a sign. For the purposes of this Code. a strobe light shall not be considered an animated sign. STRUCTURE See building. SUBDIVISION 1) The division of a lot or parcel of land, into two or more lots for the purpose of conveyance of ownership or for building development; and the recorded plat thereof; or 2) The platting of one lot or parcel for the purposes of remedying a prior illegal division of property or as deemed appropriate by the Director andlor City Engineer. SUPER GRAPHICS Any abstract mosaic, mural, painting, graphic art technique or any combination thereof that does not contain any copy, business logo or other visual elements intended to advertise. SURETY Cash, or cash equivalent, including an irrevocable letter of credit or a certificate of deposit, guaranteeing the performance of the terms and conditions of a development approval. SWALE A shallow, grassy depression. SWALE, STORMWA TER A broad, shallow channel covered with erosion-resistant vegetation and used to conduct, infiltrate, and pretreated su rface runoff. TEMPORARY USE The use of a site on a seasonal basis and for a short period of time. The use includes, but is not limited to, Christmas tree lots, construction buildings, firework stands, food service vehicles, model homes, produce stands, snow cone stands, and pumpkin stands. TERMINAL, FREIGHT OR The use of a site where freight brought by truck or rail is transferred. The use may include the TRUCK storage or repair of trucks or rail cars. The use excludes the long-term or permanent storage of freight. THROUGH PROPERTY See property, through. TOWER, LATTICE A tower made of an open metal framework consisting of strips of metal overlapped in a pattern to achieve strength and height. TOWER, MONOPOLE A cylindrical-shaped pole usually made of steel that has no visible break in Shape or appearance, other than tapering, which is secured to the ground in a manner to stand vertically upright. TOWNHOUSE DWELLING See dwelling, townhouse. TRANSPORTATION The Ada County Highway District, the Idaho Transportation Department, the Valley Regional AUTHORITY Transit and any other agency that may succeed to their powers or establish publlc jurisdiction in the field of transportation. The term transportation authority shall be liberally construed to include all the adopted, approved, or certified plans, rules, regulations, statutes, or laws of the transportation authority. 18 Chapter 1 Article A. DEFINITIONS 8/29/05 TREES, The classes of trees are defined for the purposes of this Title by the publication Tree Selection CLASS I, II, III Guide for Streets and Landscapes Throughout Idaho by the Urban Forestry Unit of the Boise Parks and Recreation Department (latest editiDn). In general, Class I trees are smaller ornamental trees, Class II trees are medium/large trees appropriate for street tree planting, and Class III trees are very large trees. TRUCK TERMINAL See terminal, freight or truck. UNPLATTED A parcel that is not included in any subdivision of record in Ada County. UP-LIGHTING Lighting that is directed in such a manner as to shine light rays onto a building surface. URBAN SERVICE The land area within an area of city impact where urban services are available or planned, as PLANNING AREA provided and described in the Comprehensive Plan and designated on the adopted area of city impact boundary map. USE The term use shall include the specific purposes for which an area or structure is arranged, designed, constructed, altered, converted, rented, leased, or intended to be maintained andlor occupied. USE, CHANGE OF A change of use shall include, but not be limited tD, an expansion, alteration, or change in occupancy resulting in a more intense use of a site, such as additional dwelling units, gross noor area, seating capacity, UTILITY Electrical, natural gas water, wastewater, telephone and cable services and facilities. VARIANCE A relief from develDpment standards as allowed by Chapter 5, ADMINISTRATION of this Title and as enabled by Idaho Code 967-6516. VEHICLE The term vehicle shall include, but not limited to, automobile, truck, motDrcycle, recreational vehicle, person af recreation item or as otherwise defined in Idaho Code 949-123 wh ich includes every device in, upon, or by which any person or property is or may be transported or drawn (e.g., travel trailers) upon a public highway, exceptJng devices moved by human pDwer or used exclusively upon statiDnary rails or tracks. VEHICLE, COMMERCIAL Any currently licensed and operable motDr vehicle with a gross vehicle weight rating over 26,000 pounds and as defined by Idaho Code 949-123. VEHICLE IMPOUND YARD The use of a site for the temporary storage of vehicles to be claimed by the owners. VEHICLE, INOPERABLE A vehicle that cannot move under its own power or dDes not meet the minimum legal requirements necessary for the motor vehicle to be operated in a safe and lawful manner upon the roadways and highways in the State of Idaho, as set fDrth in Idaho Code ~49. VEHICLE REPAIR, MAJOR The use of a site for majDr vehicle rebuilding or recondltioning. The use includes engine rebuilding; major reconditioning of worn or damaged motDr vehicles; and collisiDn service, incl uding body, frame, or fender straig htening or repair. VEHICLE REPAIR, MINOR The use of a site for minor vehicle maintenance and repair. The use includes vehicle repair garages, muffler shops, tire sales and installations, transmission shops, and wheel and brake shops VEHICLE SALES OR The sale, trade, or lease of new or used vehicles in Dperating condition and any repair work or RENTAL AND SERVICE minor service. Repair work or minor service shall include, but nDt be limited to, replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune-up, and accessory sales of replacement parts. Any operation specified under vehicle, major repair is excluded. 19 Chapter 1 Article A. DEFINITIONS VEHICLE WASHING FACILITY VEHICLE WRECKING OR JUNKYARD VERTICALLY INTEGRATED RESIDENTIAL PROJECT VETERINARY OFFICE VISION TRIANGLE WALKWAY WALL AREA WAREHOUSE AND STORAGE (NAICS CODE 493) WATER AMENITY WHOLESALE SALES WIRELESS COMMUNICATION FACILITY XERISCAPE YARD, STREET YARD, REAR YARD, REQUIRED 20 8/29/05 The use of a site where a vehicle may be washed, waxed, detailed, or vacuumed by the owner of the vehicle or employees on the site. Any area, lot, land, or parcel where two or more vehicles without current registration or two or more inoperable or dismantled vehicles that are not in operating condition (or parts thereon are stored, dumped, dismantled, partially dismantled or wrecked; or as defined by Idaho Code ~40-111, the use of a site that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, garbage dumps and sanitary fills. The following uses are excluded from this definition: agricultural equipment on a farm as herein defined and vehicles stored or dismantled within a completely enclosed structure. The use of a multi story structu re for residential and nonresidential uses where the different uses are planned as a unified, complementary whole and functionally integrated to share vehicular and pedestrian access and parking. See animal care facility. See clear vision triangle. A public way for non-vehicular use only, whether or not along the side of a road. Wall area is defined as the total square footage of an exterior wall and determined by multiplying the total lineal elevation of the building (or the leased portion thereon by the distance from the roof line to pedestrian grade. A structure used primarily for storing materials and/or freight, including, but not limited to, goods, wares, merchandise, or vehicles. Any body of water either natural or man made, which either exists or is proposed to be improved as a part of the development, in which its banks in all places ad;acent to and located on said development are no steeper than one foot (1') vertical per every four feet (4') horizontally (4:1) and which has a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet) multiplied by the peak velocity (feet per second) does not exceed four (4). The use of a site tor selling, distributing, or brokering merchandise to retailers, business users, or other wholesalers. This use can include incidental retail sales to the general public. A steel monopole, guy wire tower, lattice tower or other similar structure designed to support directional antennae, parabolic dishes or antennae, microwave dishes, in addition to associated ground equipment and other similar equipment used in the wireless communications industry. Landscaping that is characterized by the use of vegetation that is drought tolerant or of low water use in character. An area extending across the full width of the property and lying between the front property line and the nearest Ii ne of a principal structure. See Figure 11-1 A-1. An area extending across the full width of the property and lying between the rear property line and the nearest line of the principal structure. See Figure 11-1A-l. An area that extends along a property line to a depth or width specified in the setback regulations for the district in which the property is located. See Figure 11-1A-1. Chapter 1 Article A. DEFINITIONS YARD, SIDE 11-1A-2: 21 8/29/05 An area extending from the front yard to the rear yard between the side property line and the nearest line of the principal structure. See Figure 11-1A-1. FIGURE 11-1A-1 AND FIGURE 11-1A-2: See following pages. Chapter 1 Article A. DEFINITIONS f3 ~ I- )... l- ff] a... 0 1.0 & !;2 Q') ~ ~ co <:( CI) ~ ~ &1 a:: s 0 UJ a:: ~~ ~ UJ CI) ~ Lu gs (!) it ! lli~~ -I~ l"i!L ~ ~ t Uj~fl~.';~--I_. i i ~ i.~.1 .~..! ~ ~ ~ ~ ~ .@i...../........................:.............. ......... ........ ....:.... .:.... W:. c....:....................................... ...... ..........:... ........:.. g i i ~ ~ I~ ,;! f;l U ~ i! WilEif i '1 ~ ~ ro '"5 I ,....J ~ U'i U'i p:: I : .. dl> : i l~ I~ ~ i @@<9@ I [_,_;~:.:j \.€1 :' i "\c'" : I . ". " I \:<'" ........:!I 'L .---.---: (fJ ',,' @ . @ U) z o i= Z u:: w o c:{ Q) o :e <( Q) 0.. jg u L--.---.____ i i / i <9.. I /@,@ I'~; , / I . , ! w' i I@@ I ./ '~i : i ./ ! . ~ i //@ ! ! i i I t' '. I !:: g- ! / ",i~ €l!! I I ~ I / l(9!@ L:::.:.~:::'::_ , i!_'-~T-._._.i i ,_nn.~..m; 1 ~ .11@'li.ii:12 i@ : di r~@1 ! I:mi@"- ii, . '1 I jj : I , i I:'. n' i ....u@! . . (fJ FIGURE 11-1A-2: TYPES OF DWELLING UNITS ! I !~j ! DD i I D' , I I ' ~-----_! ;------.----, I . i~! , I I DO OD j j 0 D , . I I . .----_.____J ;.---r-----, I . j I'~' . I i DD DO i i 0 D , , I I I ' ---__....L.____J ~--------------.-l I ' , I I . , I I ' . I J . . I L----_____________.-i Single family detached or manufactured home tJ 1 structure C] 1 property ~ 1 dwelling unit Duplex tJ 1 structure C) 1 property ~ 2 dwelling units Single family attached tJ 1 structure CJ 2 properties llim 2 dwelling units Townhouse tJ 1 structure C) 3 properties llim 3 or more dwelling units Multifamily tJ 1 structure CJ 1 property llim 3 or more dwelling units Chapter 1 Article A DEFINITIONS 8/29/05 8/29/05 CHAPTER 1 GENERAL REGULATIONS ARTICLE B. NONCONFORMING PROPERTY, USE OR STRUCTURE ARTICLE B. SECTIONS: 11-1 B-1: PURPOSE 11-1 B-2: APPLICABILITY 11-1 B-3: NONCONFORMING PROPERTY 11-1 B-4: NONCONFORMING USE 11-1 B-5: NONCONFORMING STRUCTURE 11-1B-6: VJOLATJONS 11-1 B-1: PURPOSE: The purpose of this Article is to allow any nonconforming property, use, or structure that lawfully existed prior to the effective date (September 15, 2005) of this Title to continue until they are removed, but not to encourage their continuation. It is further the intent of this Article that nonconforming uses or structures shall not expand or extend the nonconforming aspect of the property, use, or structure, unless approved subject to a conditional use permit as set forth in the regulations of Chapter 5 ARTICLE B. SPECIFIC PROVISJONS of this Title. 11-1 B-2: APPLICABILITY: These regulations shall apply to any lawfully existing nonconforming property, use, or structure in any district, except: In the event that a property, use, or structure that was deemed nonconforming under past regulations now complies with the standards of this title, such property, use, or structure shall be deemed conforming. 11-1 B-3: NONCONFORMING PROPERTY: A. The nonconforming property shall not be diminished in size. B. Any property reduced by governmental action that reduces an existing conforming parcel below the required property size shall be deemed as a conforming property for the purpose of development. To be deemed a conforming property, the owner or applicant shall submit documents to the Director proving the following: 1. The property was in compliance with the minimum property size requirement of the applicable district prior to the decrease in property size; and 2. The decrease in property size was caused by acquisition through prescription, purchase, or other means by the Transportation Authority, a utility company or corporation under the jurisdiction of the Idaho Public Utilities Commission, or other local, State, or Federal agency. Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE 8/29/05 11-1 B-4: NONCONFORMING USE: A. The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, subject to the following provisions: 1. Alteration: No existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved or structurally altered except; (a) through the approval of a conditional use permit in accord with the procedures set forth in Chapter 5 Article B SPECIFIC PROVISIONS of this Title; or (b) where the use of the structure is changed to a conforming use. . 2. Extension: A nonconforming use may be extended to occupy additional land area only through the approval of a conditional use permit in accord with the procedures set forth in Chapter 5 Article B. SPECIFIC PROVISIONS of this Title. B. If a nonconforming use has ceased for twelve (12) consecutive months or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished. C. A nonconforming use or structure housing a nonconforming use that is damaged more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this Title upon reconstruction. If the damage to the nonconforming use or structure housing the nonconforming use is fifty percent (50%) or less of its current assessed taxable value, the nonconforming use may continue, provided that the nonconforming use commences within twelve (12) months of the event. D. Uses housed within structures listed on the National Register of Historic Places shall be exempt from the regulations of this Section. 11-1 B-5: NONCONFORMING STRUCTURE: A. Nonconforming structures may be enlarged, repaired or modified, provided that the additions or modifications to the structure conform to the requirements of this Title. B. A nonconforming structure that is damaged more than seventy-five percent (75%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this Title upon restoration or reconstruction. If the damage to the nonconforming structures is seventy-five percent (75%) or less of its current assessed taxable value, the structure may be restored or reconstructed, provided that restoration or reconstruction commences within twelve (12) months of the event. C. Structures listed on the National Register of Historic Places shall be exempt from the regulations of this Section. Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE 8/29/05 11-1 B-6: VIOLATIONS: Properties, uses, or structures that were in violation of previous land use regulations and that remain a violation under this Title shall be considered continuing violations. Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE 8/29/05 CHAPTER 2 DISTRICT REGULATIONS SECTIONS: 11-2-1: ZONING DISTRICTS ESTABLISHED 11-2-2: OFFICIAL ZONING MAP 11-2-1: ZONING DISTRICTS ESTABLISHED: For the purpose of this Title, the incorporated territory of the City of Meridian, Idaho, is divided into the following districts: DISTRICTS Map Symbol RESIDENTIAL low-Density Residential District R-2 Medium low-Density Residential District R-4 Medium-Density Residential District R-8 Medium High-Density Residential District R-15 High-Density Residential District R-40 COMMERCIAL Neighborhood Business District C-N Community Business District C-C General Retail and Service Commercial District C-G Limited Office District l-O INDUSTRIAL Light Industrial District I-l Heavy Industrial District I-H TRADITIONAL NEIGHBORHOOD Old Town O-T Traditional Neighborhood Center TN-C Traditional Neighborhood Residential TN-R 11-2-2: OFFICIAL ZONING MAP: The boundaries of the districts are shown on the Official Zoning Map of the City of Meridian. The Official Zoning Map is made a part of this Title, as well as such other map or maps that are duly adopted. Said Official Zoning Maps properly attested, shall be placed and remain on file in the office of the Meridian City Clerk. Chapter 2 DISTRICT REGULATIONS 8/29/05 CHAPTER 2 DISTRICT REGULATIONS ARTICLE A. RESIDENTIAL DIST,RICTS ARTICLE A. SECTIONS: 11- 2A-1 : PURPOSE 11- 2A-2: ALLOWED USES 11- 2A-3: STANDARDS 11- 2A-1: PURPOSE: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. TABLE 11-2A-1: MAXIMUM GROSS DENSITY IN THE RESIDENTIAL DISTRICTS R-2) 2 Medium low-density residential district (R-4) 4 Medium-density residential district(R-8) 8 Medium hiQh-density residential district (R-15) 15 High-density residential district (R-40) 40 11- 2A-2: ALLOWED USES: Table 11-2A-2 lists principal permitted (P), accessory (A), and conditional (C), or prohibited (--), uses. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-2A-2 is prohibited in all residential districts. D. Uses that are listed as PIC or AlC may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director's findings in review of the criteria established in Chapter 1 general regulations of this Title. Chapter 2 Article A. RESIDENTIAL DISTRICTS 8/29/05 TABLE 11-2A-2: ALLOWED USES IN THE RESIDENTIAL DISTRICTS Arts, entertainment or recreation facility, outdoors* -- -- C C C Cemetery* -- e C C C Church or place of reliQious worship* -- -- C e e Civic, social or fraternal organizations* -- n C C C Day care center* -- C e P P Day care, family* -- A A A C Day care, group* -- e P P Dwellinq, secondary* A A A A A Dwellinq , sinQle-family attached -- e P P P DwelJinQ, sinQle family detached P P P P Ale DwellinQ, townhouse -- e P P e Dwellinq, two-family duplex -- e P P e Education Institution, Private* e e C C Education Institution, Public* e C PIC PIC Home, manufactured or mobile subdivision n -- e C e Home occupalion* A A A A A Laundromat* n -- -- A AlC Manufactured Home Park -- n -- e -- Multifamily development* 1 -- -- -- C e Nursing or residential care facility* n -- C C e Parking Facility -- n -- n C Parks, public and private P P P P P Personal or professional service -- n -- -- A Public or quasi-public use* -- -- C C C Pu blic, i nfrastru cture e C e C e Public utility, minor P P P P P Recreation vehicle park -- -- n -- e Restaurant -- -- -- -- A Storaqe facility, outside* A A A A A Storaqe facility, self-service* A A A A A Temporary use A A A A A Vertical inteqrated residential project' -- -- n C C Wireless communication facility, amateur radio antenna A A A A A Wireless communication facility, stealth ---- .- 'l~l~~i~, -- 11-2A-3: STANDARDS: The standards for development in all residential districts shall be as follows: A. Minimum property size: 1. Each property shall be of sufficient size to meet the minimum setbacks as established in this section and dwelling unit size requirements in accord with Sections 11-2A-3.F of this Title. Chapter 2 Article A. RESIDENTIAL DISTRICTS 8/29/05 2. Minimum property size shall be determined exclusive of land that is used for the conveyance of irrigation water, drainage, creek or river flows unless: 1) the water is conveyed through pipe or tile; and 2) included as part of a utility easement that generally runs along the property lines. 3. When two (2) or more parcels of land, each of which is of inadequate area and dimension to qualify for a permitted use under the requirements of the district in which the parcels are located, are held in one ownership, they shall be used as one property for such use. 8. Minimum street frontage: 1. Properties with street frontages on cul-de-sacs or at approximately a 900 angle shall be a minimum of thirty feet (30') measured as a chord measurement. 2. Street knuckles shall be separated from through traffic by a landscape island. Properties with frontages on such knuckles shall be a minimum of thirty feet (30') measured as a chord measurement. 3. Street frontage for two (2) properties sharing a common drive shall be a minimum of fifteen feet (15') for each property. 4. Street frontage for three (3) or four (4) properties sharing a common drive shall be a minimum of ten feet (10') for each property. 5. Street frontage for flag properties that do not share a common drive shall be a minimum of thirty feet (30'). C. Corner lot setbacks: Corner properties shall have one (1) interior side setback and one (1) rear setback. D. Encroachments allowed in any setback: 1. Open structures such as porches, canopies, balconies, platforms, covered patios, cornices, eaves or other projections, which do not increase the volume of space enclosed by the building and do not project into any required setback by more than two feet (2'). 2. Chimneys, pop-out windows, direct vent gas fireplaces, entertainment centers, window seats and other projections which do not increase the usable floor area and do not exceed eight feet (8') in width may project up to two feet (2') into any required setback. 3. One detached accessory building that is less than two hundred (200) square feet in area and eight feet (8') or less in height shall be allowed in the required rear yard. Chapter 2 Article A. RESIDENTIAL DISTRICTS 8/29/05 E. Maximum height limit: 1. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roof line. 2. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. 3. Notwithstanding other height limitations as set forth in this Chapter, the maximum height for EDUCATION FACILITIES SHALL BE 40'. 4. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take-off of aircraft in an established airport. F. Living Space: Excluding the garage, all detached residential dwelling units in the R-2 and R-4 Districts shall meet minimum living space size requirements in accord with Sections 11-2A-4 and 11-2A-5. G. Roof Design: All residential dwelling structures shall have a pitched roof not less than three feet (3') in height for each twelve feet (12') in length. H. Drainage: 1. In no case shall a development propose less than a five-foot (5') setback adjacent to a property that is not part of the development application. 2. Properties shall provide adequate area to maintain drainage on the site. 11-2A-4: LOW-DENSITY RESIDENTIAL DISTRICT (R-2): Dimensional Standards for development in the R-2 Residential District shall be as follows: Chapter 2 Article A. RESIDENTIAL DISTRICTS 8/29/05 TABLE 11-2A-3: DIMENSIONAL STANDARDS FOR THE R-2 DISTRICT Minimum property size/DU* (in square feet) 12,000 Minimum street frontage (in feet) 80 Rear setback (in feet) 15 Interior side setback (in feet) 7.5/story Street setback** Local 20 Collector 25 Street landscape buffer (in feet) Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height (in feet) 35 Minimum Jiving area (in square feet) 1,500 Minimum ground floor area for multistory units (in square feet) 800 11-2A-5: MEDIUM LOW~DENSITY RESIDENTIAL DISTRICT (R~4): Dimensional Standards for development in the R-4 Residential District shall be as follows: TABLE 11-2A-4: DIMENSIONAL STANDARDS FOR THE R-4 DISTRICT Minimum property Size IDU* (in square feet) 8,000 Minimum street frontaQe (in feet) 60 Rear setback (in feet) 15 Interior side setback (in feet) 5 Street setback** to garage (in feet) Local 20 Collector 25 Street setback** to living area (in feet) Local 15 Collector 25 Street landscape buffer (in feet) Collector 20 Arterial 25 Enlryway corridor 35 Interstate 50 Maximum buildinQ heiQht (in feel) 35 Minimum living (in square feet) Detached 1,400 Attached 800 Minimum units (in square feet) 800 Chapter 2 Article A. RESIDENTIAL DISTRICTS 8/29/05 11-2A-6: MEDIUMwDENSITY RESIDENTIAL DISTRICT (Rw8): Dimensional Standards for development in the R-8 Residential District shall be as follows: TABLE 11-2A-5: DIMENSIONAL STANDARDS FOR THE R-B DISTRICT Chapter 2 Article A. RESIDENTIAL DISTRICTS 8/29/05 11-2A-7: MEDIUM HIGH-DENSITY RESIDENTIAL DISTRICT (R~15): Dimensional Standards for development in the R-15 Residential District shall be as follows: TABLE 11-2A-6: DIMENSIONAL STANDARDS FOR THE R-15 DISTRICT Local Collector Local Collector 2,400 o 20 25 10 20 4 12 20 25 35 50 40 Collector Arterial Entryway corridor Interstate 11-2A-8: HIGH~DENSITY RESIDENTIAL DISTRICT (R-40): Dimensional Standards for development in the R-40 Residential District shall be as follows: TABLE 11-2A-7: DIMENSIONAL STANDARDS FOR THE R-40 DISTRICT Minimum property SizelDU* (in square feet) 1,200 Minimum street frontage (in feet) 0 Rear setback (in feet) 15 Interior side setback (in feet) 5/story Street setback to garage (in feet) Local 20 Collector 25 Street setback** to living area (in feet) Local 10 Collector 20 Street landscape buffer (in feet) Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height (in feet) 60 Chapter 2 Article A. RESIDENTIAL DJSTRICTS 8/29/05 CHAPTER 2 DISTRICT REGULATIONS ARTICLE B. COMMERCIAL DISTRICTS ARTICLE B. SECTIONS: 11-28-1: PURPOSE 11-28-2: ALLOWED USES 11-28-3: STANDARDS 11-28-1: PURPOSE: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways: TABLE 11-2B-1: PURPOSE AND ALLOWED USE BY COMMERCIAL DISTRICT SMALL SCALE CONVENIENCE M nR DISTRICT (C-N) COLLECTOR COMMUNITY BUSINESS LARGER SCALE AND BROADER ACCESS TO ARTERIALS OR DISTRICT (C-C) MIX OF RETAIL, OFFICE, AND NONRESIDENTIAL COLLECTORS SERVICE USES GENERAL RETAIL AND SERVICE LARGEST SCALE AND CLOSE PROXIMITY AND/OR COMMERCIAL DISTRICT (C-G) BROADEST MIX OF RETAIL, ACCESS TO INTERSTATE OR OFFICE, SERVICE, AND LIGHT ARTERIAL INTERSECTIONS INDUSTRIAL USES LIMITED OFFICE DISTRICT (L-O) OFFICE CENTERS AND ACCESS TO ARTERIAL OR ADAPTIVE REUSE OF COLLECTOR RESIDENTIAL STRUCTURES 11-2B-2: ALLOWED USES: Table 11-28-2 lists principal permitted (P), accessory (A), and conditional (C) or prohibited (--) uses within each commercial district. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-28-2 is prohibited in all commercial districts. Chapter 2 Article B. COMMERICAL DISTRICTS 8/29/05 D. Uses that are listed as PIC or NC may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. E Interpre"tation of the incfusion or exclusion of allowed uses shall be made by the Director and based on the Director's findings in review of the criteria established in Chapter 1 general regulations of this Title. F. For uses that may fall into more than one category, the Director shall determine the most appropriate category based on the more restrictive standards. TABLE 11-2B-2: ALLOWED USES IN THE COMMERCIAL DISTRICTS Animal care facility* p P P C Artist studio* P P P -- Arts, entertainment or recreation facility, indoors* P P P C Arts, entertainment or recreation facility, outdoors* C P P -- Arts, entertainment or recreation facility, outdoor -- C C stage or music venue Building material, garden equipment and supplies* C P P -- Cemetery* -- -- -- C Church or place of religious worship* P P P P Civic, social or fraternal organizations* C C C C Day care center* AlC AlC AlC P Day care, family* A A A A Day care, Qroup* p P A P Drinkinr:J establishment* C C C -- Drive-throur:Jh establishment* AlC AlC AlC -- Education institution, private* P P P P Education institution, public* P P P P ~quipment rental, sales, and service* -- C C -- Fi nancial institution * P P P P Flex space* -- P P -- Fuel sales facility* C P P -- Fuel sales facility, truck stop* -- -- C -- Health care or social services P P P P Hospital* -- C C C Hotel and motel* PIC PIC P!C -- Industry, information* P P P C Industry, Iight* -- -- C C Laundromat* P P P C Laundry and dry cleaninr:J -- C p -- Multifamily development -- C C C Mortuary C P P -- Nursery or urban farm* C P P C Nursing or residential care facility* C C -- C Parking facility C C p C Parks, public and private P P P P Chapter 2 Article B. COMMERICAL DISTRICTS 8/29/05 Personal or professional service P P P P Public or quasi-public use* P p P P Public, infrastructure C C C C Public utility, minor p P P P Recreational vehicle park -- -- p -- Restaurant P p P C Retail store p P P -- Storage facility, outside* A A A -- Storage facility, self-service* -- C C -- Temporary use A A A A Vehicle repair, minor* A P P -- Vehicle sales or rental and service* -- C P -- Vehicle washing facility* C P P -- Vertical integrated residential project* C P P C Warehouse * -- -- A -- Wholesale sales -- -- A -- Wireless communication facility* -- C C C Wireless communication facility, amateur radio A A A A antenna Wireless communication facility, stealth P p P P 11-28-3: 8T ANDARDS: The standards for all development in the commercial districts shall be as follows: A. Dimensional standards: 1. Table 11-28-3 shall be used for determining required setbacks, street and residential landscape buffers and maximum building height standards for development in each of the respective commercial districts. Sections 11- 2A.2 through A.3 set forth certain exceptions and additional clarification for the dimensional standards. Chapter 2 Article B. COMMERICAL DISTRICTS 8/29/05 TABLE 11-2B-3: DIMENSIONAL STANDARDS IN THE COMMERCIAL DISTRICTS 2. Encroachments allowed in any setback: Fire escapes may project a distance not exceeding one (1) foot. 3. Maximum height ILimit: a. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roof line. b. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. c. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take-off of aircraft in an established airport. Chapter 2 Article B. COMMERICAL DISTRICTS 8/29/05 d. Additional height not to exceed twenty percent (20%) of the maximum height allowed for the district may be approved by the Director through the Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. Additional height shall be allowed when the development provides ten percent (10%) of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. e. Additional height exceeding twenty percent (20%) of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with paragraph d. above, requires approval through a conditional use permit. Chapter 2 Article B. COMMERICAL DISTRICTS 8/29/05 CHAPTER 2 DISTRICT REGULATIONS ARTICLE C. INDUSTRIAL DISTRICTS ARTICLE C. SECTIONS: 11- 2C-1 : PURPOSE 11- 2C-2: ALLOWED USES 11- 2C-3: STANDARDS 11- 2C-1 : PURPOSE: A. LIGHT INDUSTRIAL DISTRICT (I-L): The purpose of the I-L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this District. B. HEAVY INDUSTRIAL DISTRICT (I-H) The purpose of the I-H District is to provide for the existing manufacturing, warehousing and heavy distribution centers that exist along major transportation corridors. In accord with the Meridian Comprehensive Plan, these areas require buffering from residential uses to mitigate the effects of noise, vibration, traffic, odor, dust, smoke or glare that is typically associated with the uses allowed in the I-H District. Accessibility to transportation systems is a requirement of this District. 11-2C-2 ALLOWED USES: Table 11-2C-1 lists principal permitted (P), accessory (A), conditional (C), or prohibited (--) uses within each industrial district. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-2C-1 is prohibited in all industrial districts. D. Uses that are listed as PIC or AlC may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. Chapter 2 Article C. INDUSTRIAL DISTRICTS 8/29/05 E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director's findings in review of the criteria established in Chapter 1 general regulations of this Title. F. For uses that may fall into more than one category, the Director shall determine the most appropriate category based on the more restrictive standards. TABLE 11-2C-1: ALLOWED USES IN THE INDUSTRIAL DISTRICTS Animal care facility* P "" Artist studio* P P Arts, entertainment or recreation facility, indoors* C -- Arts, entertainment or recreation facility, outdoors* C -- Arts, entertainment or recreation facility, outdoor stage or music venue C "- Building material, garden equipment and supplies* A A Cemetery* C "" Church or place of religious worship* C C Contractor's yard* P P Day care center* A -- Day care, group* A "" Drive-through establishment* A -- Dwelling, single family detached A -- Entertainment establishment, adull* C -- Equipment rental, sales, and service* P P Financial institution* A "- Flex space* P P Food products processinq* P P Fuel sales facility* AlC AlC Fuel sales facility, truck stop* C C Ind ustry , information* P "- I ndu stry , light" P P Industry , heavv* -- PIC Laundr~ and dry cleaning P P Mortuary P -- Nursery or urban farm" C -- Parking facility P P Parks, public and private C C Personal or professional service A -- Public or quasi-public use* C C Public, infrastructure* P P Public utility, minor P P Public utility, major* P P Public utility, transmission lines P P Recreational vehicle park C "-- Recycling center" PIC PIC Restaurant A A Retail store A A Chapter 2 Article C. INDUSTRIAL DISTRICTS 8/29/05 Solid waste transfer station C PIC Storage facility, outside" P p Storage facility, self-service* P p Temporary use A A Terminal, freiqht or truck" P P Vehicle impound yard" P p Vehicle repair, maior* P p Vehicle repair, minor" p P Vehicle sales or rental and service" P -- Vehicle washing facility* AlC A Vehicle wreckinq or iunkyard* n p Warehouse" p P Wholesale sales p P Wireless communication facility* P P Wireless communication facility, amateur radio antenna A A Wireless communication facility,Steaitl1 P P 11-2C-3: STANDARDS: A. Dimensional standards: 1. Table 11-2C-2 shall be used for determining required setbacks, street and use landscape buffers and maximum building height standards for development in each of the industrial districts. Section 11-2C-3.A.2 sets forth certain exceptions and additional clarification for the dimensional standards. TABLE 11-2C-2: DIMENSIONAL STANDARDS IN THE INDUSTRIAL DISTRICTS Front setback ( in feet) 0 Rear setback (in feet) 0 Interior side setback (in feet) 0 Street setback* (in feet) 35 Street landscape buffer (in feel) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to non-industrial uses (in feet) 25 I-L and 40 I-H Maximum building height (in feet) 50 Parking requirements See Chapter 3 Article C Landscaping requirements See Chapter 3 Article B Chapter 2 Article C. INDUSTRIAL DISTRICTS 8/29/05 2. Maximum height limit a. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roof line. b. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. c. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take-off of aircraft in an established airport. d. Additional height not to exceed twenty percent (20%) of the maximum height allowed for the district may be approved by the Director through the Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. Additional height shall be allowed when the development provides ten percent (10%) of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. e. Additional height exceeding twenty percent (20%) of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with paragraph d. above requires approval through a conditional use permit. Chapter 2 Article C. INDUSTRIAL DISTRICTS 8/29/05 CHAPTER 2 DISTRICT REGULATIONS ARTICLE D. TRADITIONAL NEIGHBORHOOD DISTRICTS ARTICLE D. 11-2D-1: 11-2D-2: 11-2D-3: 11-2D-4: 11-2D-5: SECTIONS: PURPOSE ALLOWED USES STANDARDS APPLICABLE IN ALL TRADITIONAL NEIGHBORHOOD DISTRICTS STANDARDS IN THE OLD TOWN DISTRICT (O-T) STANDARDS IN THE TRADITIONAL NEIGHBORHOOD CENTER DISTRICT (TN-C) STANDARDS IN THE TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN-R) 11-2D~6: 11- 2D-1: PURPOSE: The purpose of the traditional neighborhood districts is to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in aU traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. A. OLD TOWN DISTRICT (O-T) The purpose of the O-T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the 0- T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high~density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. B. TRADITIONAL NEIGHBORHOOD CENTER DISTRICT (TN-C): The purpose of the TN-C District is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one- to two-mile radius. A TN-C is pedestrian~oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District. TN-C District uses include small-scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multifamily dwellings. C. TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN-R): The purpose of the TN-R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN-R District includes open spaces and promotes pedestrian activity through well-designed and varied streets capes Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 8/29/05 that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN-R District is fifteen (15) units per acre. The minimum density is six (6) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. 11-2D-2: ALLOWED USES: Table 11-2D-1 lists principal permitted (P), accessory (A), and conditional (C) or prohibited (--) uses within each Traditional Neighborhood District. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-2D-1 is prohibited in all Traditional Neighborhood Districts. D. Uses that are listed as PIC or AlC may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director's findings in review of the criteria established in Chapter 1 general regulations of this Title. TABLE 11-20-1: ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS Artist studio* p p -- Arts, entertainment or recreation facility, indoors* p C -- Arts, entertainment or recreation facility, outdoors" C C -- Arts, entertainment or recreation facility, C C - outdoor stage or music venue Building material, garden equipment and supplies" C C -- Church or place of reliqious worship* p p C Civic, social or fraternal organizations* p C C Day care facility* C C C Day care, family* A A A Day care, group* p p C Drinking establishment" C C -- Dwelling, secondary* A A A Dwelling, single-family attached p p p Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 8/29/05 DwellinQ, single-family detached P C P Dwelling, townhouse P P P Dwellinq, two-familY duplex P C P Education institution, private* P C C Education institution, public* P P PIC Financial institution* P P C Health care or social services P P -- Home occupation" A A A Hospital* C -- -- Hotel and motel* PIC C -- Industry, information* PIC PIC -- Industry, light* C -- n Laundromat* p P A Multifamily development P P P Mortuary C C -- Nursing or residential care facility* C C C Parking facility C C -- Parks, public and private P P P Personal or professional service P p C Public or quasi-public use* P P C Public, infrastructure* C C C Public utility, minor C P P Restaurant P P -- Retail store p p n Temporary use A A A Vehicle repair, minor* A -- -- Vertical inteQrated residential proiect* P P P Wireless communication facility, amateur radio antenna A A A Wireless communication facility, stealth PIC PIC PIC 11-2D-3: STANDARDS APPLICABLE IN ALL TRADITIONAL NEIGHBOR- HOOD DISTRICTS: The standards for development in all the Traditional Neighborhood Districts are set forth in this section as follows: A. Encroachments allowed in any setback: Open structures on the second floor such as porches, canopies, balconies, platforms, covered patios, cornices, eaves or other projections, which do not increase the volume of space encfosed by the building and do not project into any required setback by more than two feet (2'). B. Maximum height limit: 1. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roof line. Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 8/29/05 2. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. 3. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take-off of aircraft in an established airport. 4. In the TN-C District and O-T districts, additional height exceeding the maximum height allowed for the district requires approval through a conditional use permit. In the TN-C, the additional height allowed is limited to twenty percent (20%) of the maximum height allowed for the district. C. Street and pedestrian systems: 1. Street layout: The street system shall be based on a grid with connections to the existing street system. 2. Block length: No block face shall have a length greater than five hundred feet (500') without a dedicated street or alley, or no block face shall have a length greater than seven hundred feet (700') without a pedestrian connection. This standard may be varied for site design constraints or hardship considerations. D. Parking: See Chapter 3 Article C. off-street parking and loading requirements. E. Landscaping Requirements: See Chapter 3 Article B. landscaping requirements. 11-2D-4: STANDARDS IN THE OLD TOWN DISTRICT (0- T): The standards for development in the Old Town District are set forth in this section as follows: A. Maximum building height is seventy-five (75'). B. Minimum number of stories for new construction is two (2). C. Additional height exceeding the maximum height allowed requires approval through a conditional use permit. D. Administrative design review: 1. All new construction and exterior modifications shall be subject to administrative design review in accord with the procedures set forth in CHAPTER 5 ADMINISTRATION of this Title. Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 8/29/05 2. The criteria for the administrative design review are set forth in the document Downtown Meridian Design Guidelines. 3. Any applications that do not meet the criteria in the Design Guidelines shall be subject to a conditional use permit as forth in CHAPTER 5 ADMINISTRATION. E. Parking: There are no off-street parking requirements in the Old Town District. F. Landscaping Requirements: See Chapter 3 Article B. landscaping requirements. 11-2D-5: STANDARDS IN THE TRADITIONAL NEIGHBORHOOD CENTER DISTRICT (TN-C): The standards for development in the Traditional Neighborhood Center District are set forth in this section as follows: A. Maximum building height is forty-five (45'). S. Minimum number of stories for new construction is two (2). C. Maximum building footprint is twenty thousand (20,000) square feet. D. Minimum contiguous district size is six (6) acres. E. Administrative design review: 1. All new construction and exterior modifications shall be subject to administrative design review in accord with the procedures set forth in CHAPTER 5 ADMINISTRATION of this Title. 2. The criteria for the administrative design review are set forth in the document Meridian Traditional Neighborhood Center Design Guidelines. 3. Any applications that do not meet the criteria in the Design Guidelines shall be subject to a conditional use permit as forth in CHAPTER 5 ADMINISTRATION. 11-2D-6: STANDARDS IN THE TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN-R): The standards for development in the Traditional Neighborhood Residential District are set forth in this section as follows: A. Dimensional Standards: TABLE 11-2D-2: DIMENSIONAL STANDARDS IN THE TN-R DISTRICT Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 8/29/05 ATTACHED AND TWO- FAMILY DUPLEX B. Minimum property size: Each building site shall be of sufficient size to meet the minimum setbacks as established in this section. C. Housing unit allocation: In the TN-R District, a minimum of two (2) housing types, including but not limited to, single-family dwellings, townhouses, and multifamily dwellings, shall be required on any subdivision submittal or planned unit development application. D. Drainage: 1. In no case shall a development propose less than a five-foot (5') setback adjacent to a property that is not part of the development application. 2. Properties shall provide adequate area to maintain drainage on the site. Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 8/29/05 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS SECTIONS: 11-3-1: PURPOSE 11-3-2: APPLICABILITY 11-3-1: PURPOSE: This chapter establishes regulations for all uses in accord with the applicable districts, including specific regulations. 11-3-2: APPLICABILITY: The regulations of this Chapter shall apply as follows: A. All development shall be in accord with Article A. standard regulations in all districts. B. All development shall be in accord with Article B. landscaping requirements. C. All development shall be in accord with Article C. off-street parking and loading requirements. D. All development shall be in accord with Article D. sign requirements. E. All development shall be in accord with Article E. temporary use requirements. F. All development shall be in accord with Article F. private street requirements. G. All development shall be in accord with Article G. common open space and site amenity requirements of this Chapter. Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE A. 11-3A-1 : 11-3A-2 11-3A-3: 11-3A-4: 11-3A-5 11-3A-6: 11-3A-7: 11-3A-8: 11-3A-9: 11-3A-10: 11-3A-11 : 11-3A-12: 11-3A-13: 11-3A-14: 11-3A-15: 11-3A-16: 11-3A-17: 11-3A-18: 11-3A-19: 11-3A-20: 11-3A-21 : 8/29/05 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE A. STANDARD REGULATIONS IN ALL DISTRICTS SECTIONS: PURPOSE APPLlCABI L1TY ACCUMULATION OF JUNK BIKEWAYS CLEAR VISION TRIANGLE DITCHES, LATERALS, CANALS OR DRAINAGE COURSES FENCES MULTIUSE AND MICRO PATHWAYS NATURAL FEATURES NOXIOUS USE OUTDOOR LIGHTING OUTDOOR SERVICE AND EQUIPMENT AREAS OUTDOOR SPEAKER SYSTEMS OUTDOOR STORAGE PRESSURIZED IRRIGATION SYSTEM SELF-SERVICE USES SIDEWALKS AND PARKWAYS STORM DRAINAGE STRUCTURES SUBJECT TO DESIGN STANDARDS TRAVELING SLEEPING QUARTERS UTILITIES 11-3A-1: PURPOSE: This Article provides standard regulations for the location, design, and development of new land uses and the alteration of existing land uses. This Article supplements the regulations for development in each district and in accord with Chapter 2 district regulations of this Title. 11-3A-2: APPLICABILITY: This Article shall apply to the development of all principal permitted, accessory, and conditional uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with specific use standards, or other regulations of this Title. 11-3A-3: ACCUMULATION OF JUNK: The accumulation of junk on any property not meeting the requirements of Chapter 4 specific use standards Section 11-4-3.41 of this Title is prohibited. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 8/29/05 11-3A-4: BIKEWAYS: A Bikeways shall be encouraged within all subdivisions, within the public right- of-way or separate easement, consistent with the City's Comprehensive Plan. B. The Bicycle-Pedestrian Design Manual For Ada County (as prepared by the Ada County Highway District) should be considered when reviewing bikeway designs. C. Consistent with the Comprehensive Plan, on-street bikeways shall be constructed on all collector streets. 11-3A-5: CLEAR VISION TRIANGLE: A. Measurement of the clear vision triangle: 1. For two (2) public streets or a street and railroad crossing, the area is defined by measuring from the intersection of the edge of the travel lane (excluding parking and sidewalk) a distance of forty feet (40') along each road. See Figure 11-3A-1. 2. For a public street and driveway or alley, the area is defined by measuring from the intersection of the edge of travel lane and the corner of the driveway or alley twenty feet (20') along the roadway and ten feet (10') along the driveway or alley. See Figure 11-3A-1. Figure 11-3A-1: Clear Vision Triangle Drawings t14' .0" Minimum t 3' - O' Maximum Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 8/29/05 o ,,/ -\if .................... ~ PROPERTY LINE -------:;;;-/.::::._- ---~---- ---_::::.~.::-.....-.....-------------- EDGE OF ROAD EDGE OF DRIVEWAY ~ EDGE OF ROAD ..... PROPERTY L_ LINE SIGHT TRIANGLE 1I!Il/ /] , // C> ", ///""It ....." /: r' +--~~-l"- PROJECT:D INTERSECTION B. Standards, both at controlled and uncontrolled intersections: 1. Planting and Development Standards: a. Any Class I or Class II trees planted within a clear vision triangle shall be pruned to a minimum height of eight feet (8') above the ground or sidewalk surface and fourteen feet (14') above the adjacent street surface. See Figure 11-3A-1. b. No evergreen trees shall be planted within any clear vision triangle. c. No Class HI trees shall be planted within any clear vision triangle. d. The maximum height of any berm or vegetative groundcover at maturity within the clear vision trJangle shall be three feet (3') from the lowest adjacent street grade. e. No fences higher than three feet (3') from the lowest adjacent street grade are permitted in the clear vision triangle. No signs taller than three feet (3') are permitted in the clear vision triangle, except for street/stop signs approved by the Transportation Authority. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 8/29/05 2. Other agency standards: In all cases, the Transportation Authority standards shall apply in addition to City of Meridian standards. 11-3A-6: DITCHES, LATERALS, CANALS OR DRAINAGE COURSES: A. Piping: 1. Natural waterways intersecting, crossing, or lying within the area being developed shall remain as a natural amenity and shall not be piped or otherwise covered. See also Section 11-3A-6.B.1. 2. Irrigation ditches, laterals, canals, and drains may be left open when used as a water amenity or linear open space. See also Section 11-3A-6.B.2. 3. Except as allowed above, all other irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed, shall be piped, or otherwise covered. This requirement does not apply to property with only an irrigation easement where the actual drainage facility is located on an adjoining property. a. The City Council may waive the requirement for covering such ditch, lateral, canal, or drain, if it finds that the public purpose requiring such will not be served and public safety can be preserved. b. The City Council may also waive this requirement for large-capacity facilities. B. Fencing: 1. Fencing along all natural waterways shaH not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director and/or Public Works Director. 2. Ditches, laterals, canals, and drains do not require fencing if it can be demonstrated by the applicant to the satisfaction of the Director that said ditch, lateral, canal, or drain serves as or will be improved as a part of the development, to be a water amenity. Construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. 3. Except as allowed above, all other open irrigation ditches, laterals, canals, and drains shall be fenced with a chain-link fence at least six feet (6') in height and having an eleven (11) gauge, two-inch (2") mesh or other construction, equivalent in ability to deter access to said ditch, lateral, canal or drain, which fence shall be securely fastened at its base at all Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 8/29/05 places where any part of said lands or areas being subdivided touches either or both sides of said ditch, lateral, canal, or drain. C. Impeding movement of water prohibited: For any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, piping shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream properties. D. Natural drainage courses: All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term natural drainage course shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and which serve a relatively small area where runoff is infrequent. 11-3A-7: FENCES: The following regulations shaH govern the type, location, and construction of all fences: A. General Standards: 1. When a fence is erected not in conjunction with a building permit for a principal use or building, a separate building permit is required. 2. Electric wire fencing shall be prohibited. 3. Barb wire fencing shall be prohibited, except in the C-C, C-G, I-L, and I-H Districts when: a) used as the top section for security fencing; and b) located a minimum of six feet (6') above grade to the bottom wire. 4. Unsightly materials: The use of boxes, sheet metal, old or decayed wood, broken masonry blocks, or other like unsightly materials for fencing shall be prohibited. 5. No fence shall obstruct access to public utility boxes, meters or other infrastructure. 6. Fences shall be kept free from advertising and graffiti and maintained in good repair. 7. Regulations for fences along micro-paths and common open space areas are set forth below: a. The developer is responsible for constructing fences adjacent to micro path connections to distinguish common from private areas. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 8/29/05 b. Fences adjacent to micro pathways and common open space shall be: An open vision fence up to six feet (6') in height, as it provides visibility from adjacent homes or buildings; or ii. If closed vision fencing is used, it shall not exceed four feet (4') in height. This does not allow four feet (4') of closed vision fence with two feet (2') of open vision fencing. c. Intent: These restrictions are intended to apply to interior common open space areas and micro paths. They are not intended to apply to street buffers or entryway landscaping strips. These restrictions are not intended to require fencing on interior common open space. 8. A fence constructed in the public right-of-way shall require a license agreement from the Transportation Authority. 9. If an owner or applicant desires to obtain an alternative compliance from the provisions of this Section, the procedure shall be in accord with Chapter 5 ADMINISTRATION of this Title. 10. See Section 11-3A-6.B.1 for additional fencing requirements along irrigation ditches, laterals, canals, and/or drains. B. Additional standards in the C-N, C-C, C-G, I-L, and I-H Districts: 1. The maximum fence height shall not exceed eight feet (8'). 2. Open vision fences may be built to the property line. C. Additional standards in the R-2, R-4, R-8, R-15, R-40, L-O, 0- T, TN-C, and TN~R Districts: 1. The maximum fence height shall not exceed six feet (6'), subject to the proviSions set forth in Sections 2 and 3 below. 2. The maximum fence height in the required front yard including the front and side yard property lines shall be three feet (3') for a closed vision fence and four feet (4') for an open vision fence. See Figure 11-3A-2. 3. On corner properties, the maximum fence height in the required street side yard shall be six feet (6') above the grade (as measured at the property line), and the minimum setback shall be ten feet (10') from the street side property line. See Figure 11-3A-3. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 8/29/05 4. Where the rear yard of one property adjoins the front yard of another property, the fence along the rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five (45) degrees to provide continuity with the adjoining fence and property line. See Figure 11-3A-3. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS LO o CO N en CI) t:: .~ ~ 0> Q) a:: Q) Q t:: ~ C\i ~ Q) ~ 0> i.i:: ~ o ~ I- (f) o --l --l <( ~ (f) Z o ~ ::> (!) w r:r: o r:r: ;3 z ~ (f) <i (() u :e <( (f) CD a.. Jg () IJ') o (0 ~ (j) CJ) Q} ~ 0.. ~ CD E o o c: o CJ) j :::s 0> Q} 0:: Q} u c: ~ ~ ~ ~ it (/) I- o ii: l- (/) B -l -l <:{ ~ (/) z o ~ :J fi3 a: o a: <:{ o z ~ (/) <C Q) 13 1:: <( ('? Q:; 0. ~ o 9/26/2005 11-3A-8: MULTIUSE AND MICRO PATHWAYS: A. Multiuse and micro pathways shall be required consistent with the Comprehensive Plan within new residential and commercial developments as part of the public right-of-way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the urban service planning area. B. The Bicycle-Pedestrian Design Manual for Ada County (as prepared by the Ada County Highway District) and the City of Meridian Parks and Recreation Master Plan should be considered when reviewing pathway designs. C. Right-of-way for pathways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks, other residential areas, and/or shopping areas. D. Pathways shall have easements at least fifteen feet (15') in width in accord with Section 11-3B landscaping requirements of this Title. E. Micro pathways shall be less than two hundred and fifty feet (250') or two Jot depths in length and have a walking surface of least five feet (5') in width. F. Micro pathways shall comply with the landscaping requirements in accord with Chapter 3 Article B landscaping requirements. G. Multiuse pathways along utility easements or connecting regional facilities shall have a hard surface area of at least ten feet (10') unless more is needed for utility access. 11-3A-9: NATURAL FEATURES: Existing natural features that add value to development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved or mitigated in the design of the development. 11-3A-10: NOXIOUS USE: No area or structure in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or hazardous conditions to the surrounding areas. A. Fire hazard. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such materials. Such hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved as specified in the Uniform Fire Code, Title 5 of the Meridian City Code and the National Safety Foundation publications. B. Radioactivity or electrical disturbance. No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 9/26/2005 operation of any equipment at any point other than that of the creator of such disturbance. C. Vibration. No vibration shall be permitted that is discernible without instruments on any adjoining property. D. Air pollution. Air pollution shall be subject to the requirements and regulations established by the health authority. E. Erosion. No erosion shall be permitted that will carry objectionable substances onto neighboring properties. F. Water pollution. Water pollution shall be subject to the requirements and regulations established by the health authority. G. Hazardous materials. All hazardous material storage must comply with the regulations and standards of the Fire Department. H. Noise. Noise shall be subject to the provision of Section 6-3-6 of the Meridian City Code. 11-3A-11 : OUTDOOR LIGHTING: A. The following types of lighting are exempt from the regulations of this Section: 1. Light fixtures that have a maximum output of less than 260 lumens. 2. All outdoor lighting produced by the direct combustion of natural gas or other fossil fuels such as kerosene lanterns or gas lamps. 3. Temporary holiday lighting used for forty (40) days or less per year. 4. Vehicular lights and all temporary emergency lighting needed for fire protection, police protection, and/or other emergency services. 5. All hazard warning lights required by Federal or State regulatory agencies. B. The installation of any of the following types of lighting are prohibited: 1. Mercury vapor lamp fixture and/or lamp. 2. Laser source light or any similar high-intensity light when projected above the horizontal. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 9/26/2005 3. Changing colors, strobe or moving lights, or searchlights (for advertising purposes) are prohibited in all districts, except where approved for temporary uses. 4. Lighting, including holiday lighting, on commercial or private tower structures that exceed the district height limit is prohibited, except as required by regulations of the Federal Aviation Administration (FAA). C. Standards. 1. Light fixtures that have a maximum output of 260 lumens or more shall have an opaque top to prevent up-lighting. 2. Light fixtures that have a maximum output of 1,000 lumens or more per fixture shall have an opaque top to prevent up-lighting, and the bulb shall not be visible. 3. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent up~lighting; the bulb shall not be visible and shall have a full cut-off shield. See Figure 11-3A-4. 4. Light fixtures with a maximum output of 1,800 lumens or more shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. See Figure 11-3A-5. FIGURE 11-3A-4: EXAMPLES OF FULL CUT~OFF SHIELDS Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 9/26/2005 FIGURE 11-3A-5: LIGHT TRESPASS 5. Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abutting properties. a. Floodlight fixtures shall be set to go on only when triggered by activity on the property (sensor-activated) and to go off within 5 minutes after activation has ceased. b. Floodlight fixtures shall be installed so that they do not tilt up more than 45 degrees down from vertical. 6. Up-lighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield. 7. In residential districts, the height of a freestanding light fixture on private property shall not exceed six feet (6'). Street lamps are exempt from this height restriction. 8. Light fixtures mounted on a wall may extend to the full height of the structure, but no farther. 9. Electrical feeds to outdoor light fixtures shall be underground, not overhead. 10. Alternative compliance procedure: If an owner or applicant desires to obtain an alternative compliance from the provisions of this Section, the procedure shall be in accord with Chapter 5 ADMINISTRATION of this Title. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 9/26/2005 11-3A-12: OUTDOOR SERVICE AND EQUIPMENT AREAS: A. Outdoor mechanical equipment (including, but not limited to, heaters and fans) shall not be located within fifty feet (50') of any abutting residential districts. To reduce noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible. B. Outdoor utility meters, HV AC equipment, trash dumpsters, trash compaction and other service functions shalf be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 11-3A-13: OUTDOOR SPEAKER SYSTEMS: Any outdoor speaker system associated with the use shall be located a minimum one hundred feet (100') from all residential districts. No outdoor speaker systems shall be allowed within a residential district. These standards may be waived through approval of a Conditional Use Permit. 11-3A-14: OUTDOOR STORAGE: A. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. B. The site shall not be used as a vehicle wrecking or junkyard as herein defined. C. Outdoor storage shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 11-3A-15: PRESSURIZED IRRIGATION SYSTEMS: A. System installation required: In each development, the applicant shall provide underground, pressurized irrigation water. For subdivisions, each and every lot within the subdivision shall have underground pressurized irrigation water in compliance with Title 9, Chapter 1 water use and service. The pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but it shall not necessarily be in the same trenches. B. Cross-connections: All cross-connections between the domestic water lines and the irrigation water lines shall be in accord with the City's adopted standards, specifications and ordinances. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 9/26/2005 C. Waiver of requirements: The requirements for pressurized irrigation may be waived upon proof that any particular property does not have water rights in an existing irrigation district. The City's domestic water system shaH be the last option for providing irrigation water to a proposed subdivision. D. If any property does not have water rights from an existing irrigation district, the applicant shall pay well development fees as determined by the City. 11-3A-16: SELF~SERVICE USES: Any unattended, self-service uses, including but not limited to, laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales facilities, and storage facilities, shall comply with the following requirements. The Meridian Police Chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided: A Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low-impact security lighting. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. C. Landscape shrubbery shall be limited to no more than three feet (3') in height between entrances and financial transaction areas and the public street. 11-3A-17: SIDEWALKS AND PARKWAYS: A. All sidewalks shall be a minimum of five feet (5'), except if detached sidewalks are provided on local streets in residential subdivisions, the minimum sidewalk width may be reduced to four feet (4'). B. Sidewalks shall be designed to flare around mail boxes, utility boxes and other impediments to pedestrian circulation to maintain a minimum four feet (4') of travel width. C. Detached sidewalks shall be required along all arterial and collector streets. The requirement for detached sidewalks can be waived by the Director for sidewalks less than three hundred (300) linear feet in length and between two adjoining properties with attached sidewalks. D. Sidewalks shall be required on both sides of the street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred fifty feet (150'); sidewalks on only one side of the street may be allowed. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 9/26/2005 E. The minimum width of parkways planted with Class II trees shall be eight feet (8'). The width can be measured from the back of curb where there is no likely expansion of the street section within the right-of-way; the parkway width shall exclude the width of the sidewalk. Class II trees are the preferred parkway trees. 1. Class I and Class III trees may be considered for parkway planters during the landscape plan review. The Director shall evaluate such trees for their suitability as parkway planter trees based on ultimate tree canopy, root characteristics, and branching height. The minimum parkway planter for Class I and Class III trees shall be ten feet (10'). 2. The planter width for Class II trees may be reduced to six feet (6') if there are root barriers that are a minimum of eighteen inches (18") below sub- grade adjacent to the sidewalk and a minimum of twenty-four inches (24") below sub-grade adjacent to the curb. The root barriers shall extend two inches (2") above grade. 11-3A-18: STORM DRAINAGE: An adequate storm drainage system shall be required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City. 11-3A-19: STRUCTURES SUBJECT TO DESIGN STANDARDS: A. Purpose: 1. To create unique character and quality architectural design in the development of large structures. 2. To minimize the impact of the scale, bulk and color of large structures on surrounding properties. 3. To encourage high-quality materials and longevity in large structures. 4. To protect the safety and convenience of pedestrian access to large structures, and create attractive pedestrian amenities. 5. To provide greater attention to the design and location of large structures in relationship to the surrounding street. 6. To locate noise-generating activities away from any adjacent residential uses. 7. To create attractive and quality designed structures reflecting the unique character of Meridian along the City's entryway corridors. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 9/26/2005 8. To guide the design of structures, not control the type, intensity or density of the use. B. Applicability: All structures greater than the following sizes are subject to the requirements of this section: 1. All structures greater than 7,500 square feet in the C-N District; 2. All structures greater than 10,000 square feet in the L-O District; 3. All structures greater than 60,000 square feet in the C-C District; and 4. All structures greater than 200,000 square feet in the C-G District. 5. All structures on property adjacent to an entryway corridor. C. Standards 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the fayade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and! materials. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 9/26/2005 2. Color and materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front fa<.;:ade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. D. Alternative compliance: The Director may approve, or recommend approval of, an alternative compliance proposal in accord with Chapter 5 administration of this Title, when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this Section and shall not be detrimental to public health, safety, and welfare. 11-3A-20: TRAVELING SLEEPING QUARTERS: Recreation vehicles and equipment, including but not limited to, travel trailers, fifth-wheels, recreational vehicles, motor coaches, and tent, shall not be used as living quarters unless within an approved campground or recreational vehicle park. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 9/26/2005 11-3A-21: UTILITIES: A. All utilities for an approved use shall be installed at or below grade in accord with the City's adopted standards, specifications and ordinances. B. Street lighting shall be installed in accord with the City's adopted standards, specifications and ordinances. C. All development shall be connected to the City of Meridian water and sewer systems, unless otherwise approved by the City Engineer. 1. All public water supply or sewer systems (serving one or more separate premises or households) shall be constructed in accord with the City's adopted master plans. 2. All new public water supply or sewer systems shall be an extension of an existing public system. D. Fire hydrants and water mains: Adequate fire protection shall be required in accord with the appropriate fire district standards. 10 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 9/26/2005 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE B. LANDSCAPING REQUIREMENTS ARTICLE B. 11-3B-1: 11-3B-2: 11-3B-3: 11-3B-4: 11-3B-5: 11-3B-6: 11-3B-7: 11-3B-8: 11-3B-9: 11-3B-10: 11-3 B-11 : 11-3B-12: 11-3B-13: 11-3B-14: SECTIONS PURPOSE APPLICABILITY APPLICATION REQUIREMENTS APPLICATION PROCESS STANDARDS AND INSTALLATION IRRIGATION STANDARDS LANDSCAPE BUFFERS ALONG STREETS PARKING LOT LANDSCAPING BUFFERS BETWEEN LAND USES TREE PRESERVATION STORMWATER INTEGRATION MICROPATH LANDSCAPING LANDSCAPE MAINTENANCE INSTALLATION 11-3B-1 : PURPOSE: A. The regulations of this Article are intended to promote landscaping in the City of Meridian that will improve community livability, preserve the quality of life, and enhance the aesthetic quality, economic viability, and environmental health of the city. B. The City of Meridian recognizes that landscaping can be a significant expense to business people and residents. At the same time, landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and can reduce air and noise pollution. C. The intent of these regulations is to achieve a balance between the right of individuals to develop and maintain their property in a manner they prefer and the rights of City residents to Jive, work, shop, and recreate in pleasant, healthy, and attractive surroundings. D. These regulations are intended to promote the use of native and other low- water-use plant materials and to discourage landscaping that requires high water use for maintenance, such as large expanses of lawn. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 11-3B-2: following: APPLICABILITY: A landscape plan shall be required for the A. All development, redevelopment, additions, or site modifications. except detached and attached single-family, two-family duplexes, and townhouse dwelling units. B. All common lots in all subdivisions. C. All applications for a Conditional Use Permit (CUP), Preliminary Plat (PP), Final Plat (FP), Certificate of Zoning Compliance (CZC), or Planned Unit Development (PUD). D. Applicability of additions to existing structures: Existing development shall be required to conform to this section based upon the following guidelines: 1. For additions less than twenty five percent (25%) of the existing structure or developed area, no additional landscaping shall be required. 2. For additions that are twenty five percent (25%) to fifty percent (50%) of the existing structure or developed area, perimeter and right-of-way landscaping as required by this Article shall be installed. 3. For additions greater than fifty percent (50%) of the existing structure or developed area, all current landscape standards of this Article shall be met. 4. If the location of existing buildings or other structures prevents conformance with the requirements of this section, or if its implementation would create non-conformity, the Director shall determine how this Article is to be applied through the Alternative Compliance process in accord with Chapter 5 ADMINISTRATION of this Title. 11-3B-3: APPLICATION REQUIREMENTS: A. All landscape plans shall comply with the requirements for size, scale, number of copies, and contents as detailed in the application form. B. The landscape plan may be on the same site plan used to show parking layout, setback compliance, etc. C. All landscape plans shall be prepared by a landscape architect, landscape designer, or qualified nurseryman. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 11-38-4: APPLICATION PROCESS: A. A preliminary landscape plan review is recommended prior to submission for all developments, but is not required. B. A landscape plan will be reviewed in accord with the standards and procedures set forth in this Article and approved by the Department. C. Landscape plan modification: 1. An approved Landscape Plan shall not be altered without prior approval of the Planning Department. 2. No significant field changes to the plan are permitted. 3. Prior written approval of all material changes is required. 4. All approved changes to the landscape plan shall be documented prior to issuance of a Certificate of Occupancy. 11-38-5: STANDARDS AND INSTALLATION: A. Approved plant material: The publication titled Tree Selection Guide for Streets and Landscapes throughout Idaho by the Urban Forestry Unit of the Boise Parks and Recreation Department (latest edition) is hereby adopted by this reference as the City of Meridian's list of approved and prohibited plant material. The publication categorizes the trees by size as Class I, Class II, or Class III trees. The City recognizes that new plant varieties are being produced every year and will consider other species not listed in the publication. Copies of the publication will be available at the Planning Department. B. Minimum plant sizes: The following are minimum plant sizes for all required landscape areas: TABLE 11-3B-1: MINIMUM PLANT SIZES Shade Trees: Ornamental Trees: Ever reen Trees: Wood Shrubs: Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 C. Prohibited plant material: The plants listed under Trees Not Permitted tor Rights-ot-Way Property Planting are prohibited from being planted along any street or within any parking lot regulated by this Article. The only exception is that conifers may be planted in the center of street buffers that have a minimum width ot twenty feet (20') as measured from the edge ot the sidewalk to the street curb. For public safety purposes, the location of such conifers shall maintain view corridors of nonresidential structures. D. Tree species mix: When five (5) or more trees are to be planted to meet the requirements of any portion of this Article (including street trees, street buffers, parking lot landscaping and other landscape guidelines), a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. See the table below: TABLE 11-38-2: REQUIRED NUMBER OF TREES AND SPECIES REQUIREONUMBEROFTREES MIN1MUM..NUMBEROFSPECIES 5 to 10 2 11 to 30 3 31 to 50 4 more than 50 5 E. Plant quality: All plant material installed pursuant to this Article shall meet or exceed the minimum federal standards as regulated by ANSI Z60.1, American Standard for Nursery Stock. F. Planting standards: All trees, shrubs, and other plant material shall be planted using accepted nursery standards as published by the American Association of Nurserymen (latest edition) including hole size, backfilling, and fertilization. G. Staking: tree staking is not required but may be used in areas with high winds or other situations that make staking desirable. If trees are staked, the stakes shall be removed within 12 months to prevent damage to the tree. H. Mulching: Mulch shall be used in all required planting areas. Approved mulches may be organic, such as bark or soil aid, or they may include rock products, such as "permabark" or similar products. Use of mulch, organic or rock, as the only groundcover in required planting areas is prohibited. Required landscape areas shall be at least seventy percent (70%) covered with vegetation at maturity, with mulch used under and around the plants. Pea gravel, drain rock, road base gravel, and similar products shall not be used as mulch. All mulch shall be contained by a curb or other edging material to contain the mulch and prevent it from migrating to adjacent surfaces. If rock mulch is used, a weed barrier fabric shall be used beneath the rock. Impermeable plastic weed barriers are prohibited because they restrict water and oxygen to the plants. Chapter 3 Article B. LANDSCAPING REQUJREMENTS 9/26/2005 Curbing: All planting areas that border driveways, parking lots, and other vehicle use areas shall be protected by curbing, wheel stops, or other approved protective devices. Such devices shall be a minimum of thirty inches (30") from all tree trunks to prevent cars from damaging tree trunks. J. Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees: 1. Overhead utilities: Only Class I trees in the Recommended Plant List may be planted under or within ten (10) lateral feet of any overhead utility wires. 2. Underground utilities: All trees shall be planted outside of any easement that contains a City water or sewer main, unless written approval is obtained from the City Engineer. If any utility easement precludes trees required by this Article, the width of the required buffer shall be increased to accommodate the required trees. 3. Trenching: New underground utilities shall stay outside of the dripline of existing trees if trenched, or be tunneled a minimum of three (3') feet below existing grade within the tree's dripline. The guiding principle is that no root two inches (2') or larger shall be cut. Note: This requirement is for placement of new utilities and does not affect the City's ability to access existing utilities for repair and maintenance. K. Erosion control: The landscape installation shall stabilize all soil and slopes. L. Berms: berm slopes shall not exceed 2:1 (horizontal: vertical). 3:1 maximum slopes are recommended. Grass that requires mowing shall not be used on slopes steeper than 3: 1. 11-3B-6: IRRIGATION STANDARDS: A. Irrigation required: All landscape areas regulated by this Article shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in the Meridian City Code Section 9-1-28 pressurized irrigation. B. Performance specifications: Three (3) copies of detailed irrigation performance specifications shall be submitted with the landscape plan for all Final Plats and Certificates of Zoning Compliance. Performance specifications shall state design requirements, materials, construction methods, and point of connection, and the following specifications: 1. Coverage. The irrigation system shall be designed to provide 100% coverage with head-to-head spacing or triangular spacing as appropriate. 2. Matched precipitation rates. Sprinkler heads shall have matched precipitation rates within each control valve circuit. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 3. Irrigation districts. Sprinkler heads irrigating lawn or other high-water- demand areas shall be circuited so that they are on a separate zone or districts from those irrigating trees, shrubs, or other reduced-water- demand areas. 4. Overspray. Sprinkler heads shall be adjusted to reduce overspray onto impervious surfaces such as streets, sidewalks, driveways, and parking areas. C. Backflow prevention: Provide an appropriate backflow prevention device as required by Meridian City Code Chapter 9, Article 3 cross connection control. D. Irrigation water: Use of non-potable irrigation water is required when determined to be available by the City Public Works Department as set forth in Meridian City Code Section 9-1-28 pressurized irrigation. Water availability during the fall and spring seasons is also required by connecting to City potable water or an on-site well as a secondary source, except where xeriscape landscaping has been provided. If City potable water is used, a separate water meter is required so the owner can avoid paying sewer fees for irrigation water. E. Subdivision irrigation systems: If the irrigation system is part of a plat, any irrigation pump station shall be on a common lot. The irrigation system shall be owned and maintained by an irrigation district or an Owners Association. 11-3B-7: LANDSCAPE BUFFERS ALONG STREETS: A. Purpose: The intent of these requirements is to ensure the long term and consistent maintenance of landscape buffers along streets that improve the visual quality of the streetscape, unify diverse architecture, and carry out the Comprehensive Plan policies related to promoting attractive street(s) and street beautification. B. Applicability: Landscape buffers shalf be required along streets in all locations, except for local streets adjacent to single-family residential, duplex, and townhouse properties. Chapter 3 Article 8. LANDSCAPING REQUIREMENTS 9/26/2005 C. Standards for landscape buffers along streets shall be as follows: 1. Buffer size: See Chapter 2 DISTRICT REGULATIONS. a. Street buffers with attached sidewalks: All street buffers with attached sidewalks shall be measured from the property line and not from the sidewalk or curb. b. Where the buffer is encumbered by easements or other restrictions, the buffer area shall include a minimum five-foot (5') wide area for planting shrubs and trees. c. Width reduction: In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted through the Alternative Compliance process in accord with Chapter 5 ADMINISTRATION of this Title. The request shall demonstrate evidence of the hardship caused by the required street buffer and propose a specific alternative width. In no case shall the width be reduced to less than ten percent (10%) of the depth of the lot, except in Old Town. 2. Buffer location: Landscape buffers along streets shall be located at all subdivision boundaries. a. All residential subdivision street buffers shall be on a common lot, maintained by a home-owners association. b. All commercial, industrial, and other nonresidential street buffers shall be on a common lot or on a permanent easement, maintained by the property owner or business owners association. c. Except where fences and walls are used as decorative landscape elements, fences and walls are permitted only on the interior edge of the street buffer. 3. Street trees: a. All required landscape buffers along streets shall be planted with trees and shrubs, lawn, or other vegetative ground cover. b. The minimum density of one (1) tree per thirty-five (35) linear feet is required. If this calculation results in a fraction five (5) or greater, round up to an additional tree. If the calculation results in a fraction less than five (5), round the number down. c. Large shrubs, hedges and conifers should be used sparingly and in clusters that are well integrated with the landscape design. Such plants shall not screen or create a public safety hazard. Chapter 3 Article 8. LANDSCAPING REQUIREMENTS 9/26/2005 d. Where street trees are within a parkway, they shall be centered within the parkway planter. Where street trees are not within a parkway, they shall be off-set a minimum of five feet (5') from the edge of sidewalk. 4. Tree spacing: For design flexibility, trees may be grouped together or spaced evenly as desired. However, trees shall be spaced no closer than eighty percent (80%) of the average mature width of the trees, as demonstrated in the following examples: FIGURE 11-3B-1: TREE SPACING ~ c;y (T).8 (402"4Q).8 = 32' M;n Spacing) Minimum Tree Spacing. Examples: ~I ( ~I ("fl.' ~ (402"15).8 = 22' Min Spacing) Minimum Tree Spacing. 5. Landscaping within right-of-way: a. If the unimproved street right-of-way is ten feet (10') or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in the Transportation Authority's five-year funded plan, developer shall maintain a ten- (10) foot-wide compacted gravel shoulder meeting the construction standards of the Transportation Authority and landscape the remainder with lawn or other vegetative groundcover. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 b. Landscaping improvements within the right-of-way shall require a license agreement between the property owner and the Transportation Authority. 6. Impervious surfaces: Allowed impervious surfaces within the landscape buffer include driveways, signs and walkways. Vehicle display pads and other related impervious surfaces are prohibited in the required buffer. 7. Berms in street buffers: Berm design is subject to the provisions in accord with subsections 11-3B-5.L of this Article. 8. Stormwater detention: Stormwater swales may be incorporated into the buffer in accord with subsection 11-3B-11 of this Article. Other stormwater detention and retention facilities shall not be permitted in the street buffer, except along 1-84. 11-3B-8: PARKING LOT LANDSCAPING: A. Purpose: The purpose of perimeter and internal parking lot landscaping is to soften and mitigate the visual affect of a large expanse of asphalt in parking lots. Landscaping can also reduce summer heat gain in parking areas and define pedestrian ways. B. Applicability: The requirements for perimeter and internal lot landscaping shall apply to all commercial, industrial and multifamily development, with the following exceptions: 1. Industrial exclusion: Parking spaces adjoining loading areas in the I-L and I-H districts are excluded from the interior landscape requirements. 2. For parking lot replacement that is greater than fifty percent (50%) of the parking area, all current landscape standards of the Article shall be met. 3. If the location of existing buildings or other structures prevents conformance with the requirements of this section, or if its implementation would create a nonconformity with parking standards, the Director shall determine how this Article is to be applied through the Alternative Compliance process. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 C. Standards: 1. For perimeter landscaping: The following standards apply to all interior lot Jines, side or rear, adjacent to parking lots or other vehicular use areas, including driveways: a. Provide a five- (5) foot minimum perimeter landscape buffer along all interior lot lines that are adjacent to parking, loading, or other paved vehicular use areas, including driveways, vehicle sales areas, truck parking areas, bus parking areas, and vehicle storage areas. This requirement may be reduced at the determination of the Director where there is a shared driveway with an adjacent property. b. Landscaping: The perimeter landscape buffer shall be planted with one (1) tree per thirty-five (35) lineal feet and shrubs, lawn, or other vegetative ground cover. c. Encroachments: Structures less than 120 square feet, including but not limited, to trash enclosures and storage sheds, may encroach into the perimeter landscape buffer. 2. For internal landscaping: Interior parking lot landscaping shall be required on any parking lot with more than twelve (12) spaces. The following standards apply to internal landscaping: a. Planter size: Landscape planters shall contain a minimum of fifty (50) square feet, and the planting area shall not be less than five feet (5') in any dimension, measured inside curbs. The only exception to the five- foot minimum dimension is at the tip of triangular planters located at the end of rows of angled parking. b. Parking spaces; No linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island. The planter island shall run the length of the parking space and may be reduced by two feet (2') to allow for improved vehicular maneuvering. c. Parking lot layout: Interior landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area so as to prevent cross-space driving. Interior landscape planters shall be spaced as evenly as feasible and at the ends of rows of parking throughout the lot to consistently reduce the visual impact of long rows of parked cars. d. Trees required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one (1) tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. Each interior planter that serves a double row of parking spaces shall have at least two (2) trees and shall be covered with low shrubs, lawn, or other vegetativegroundcover. Deciduous shade trees shall be pruned to a 10 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 minimum height of eight feet (8') above the adjacent parking areas. Evergreen trees and Class III trees are prohibited in interior planters. e. Design flexibility: In parking areas where the strict application of this subsection 11-3B-7C will seriously limit the function and circulation of the lot, up to fifty percent (50%) of the required landscaping may be located near the perimeter of the paved area to emphasize entrance corridors or special landscape areas within the general parking area. Such required interior landscaping that is relocated shall be in addition to perimeter landscape and right-of-way screening requirements. 11-3B-9: LANDSCAPE BUFFERS TO ADJOINING USES: A. Purpose: The requirements in this section shall apply to the landscape buffer to residential uses in Table 11-2B-3 and the landscape buffer to non- industrial uses in Table 11-2C-3. The landscape requirements in this section are intended to ensure that incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. B. Applicability: The landscape buffer is required in the C-N, C-C, C-G, and L-Q districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the I-L and I-H districts on any property sharing a contiguous lot line with a nonindustrial use. C. Standards: 1. Buffer materials: The materials within the required buffer between incompatible land uses are regulated as follows: a. Mix of materials: All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. b. Barrier effectiveness: The required buffer area shall result in a barrier that allows trees to touch at the time of the tree maturity. c. Buffer wall andlor fence: Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise andlor unsightly uses. If a wall or fence at least six feet (6') tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus shrubs, lawn, or other vegetative groundcover. 11 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 d. Chainlink Fencing: Chainlink fencing with or without slats does not qualify as a screening material. Except in the ]-L and I-H districts, chainlink or cyclone fencing is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. 2. Minimum buffer size: The size of the buffer is determined by the district in which the property is located. The tables of dimensional standards for each district in accord with Chapter 2 DISTRICT REGULATIONS of this Title establish the minimum buffer size. 3. Pedestrian access: Landscape buffers shall facilitate pedestrian access from residential development to abutting commercial districts and vice versa. 4. Relationship to parking lot perimeter requirements: All buffers between different land uses may include any required perimeter parking lot landscape buffers (see subsection 11-38-9B) when calculating the minimum width of the buffer. 5. Buffers along planned pathways: All commercial, industrial, and employment developments shall provide a five-foot- (5') wide minimum buffer adjacent to any planned pathways in the City's Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (1) tree per thirty-five (35) lineal feet. 6. Open water ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty-five percent (25%) of a required open space area. All ponds with a permanent water level shall meet the following standards: a. The pond shall have recirculated water. b. The pond shall be maintained such that it does not become a mosquito breeding ground. 11-3B-10: TREE PRESERVATION: A. Purpose: The regulations of this section are intended to preserve existing trees four-inch (4") caliper or greater from destruction during the development process. B. Applicability: Tree preservation is required in all districts. 12 Chapter 3 Article 8. LANDSCAPING REQUIREMENTS 9/26/2005 C. Standards: 1. Site plans: Site plans shall make all feasible attempts to maintain existing trees four-inch (4") caliper or greater within their design. 2. Landscape plan: All existing trees greater than four-inch (4") caliper shall be shown on the landscape plan. Indicate whether each tree is to be retained or removed. Include on the plan a description of how existing trees to be retained are to be protected during construction. 3. Protection during construction: Existing trees that are retained shall be protected from damage to bark, branches, and roots during construction. The City of Meridian Parks Department arborist shall approve the protection fence(s) prior to construction. Any severely damaged tree shall be replaced in accord with subsection 11-3B-10.C.5 of this Article. 4. Construction within the dripline of existing trees: Construction, excavation, or fill occurring within the drip line of any existing tree shall be avoided. Specific requirements for construction within the dripline of existing trees are as follows: a. Paving: Whenever possible, impervious paving surfaces shall remain outside of the dripline of existing trees. When it is not possible, impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus five feet (5'). b. Grade changes: Grade changes greater than six inches (6") are prohibited within the dripline of existing trees. c. Compaction: A fence or barrier that encloses the entire area beneath the tree canopy shall be in place prior to construction. d. Utilities: New underground utilities to be placed within the dripline of existing trees shall be installed in accord with subsection 11-3B-5.J.3 of this Article. 5. Mitigation: a. Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) lO-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) 4-inch caliper trees, or seven (7) 3-inch caliper trees.) b. No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department 13 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 arborist; (Hi) trees that are required to be removed by another governmental agency having jurisdiction over the project. 6. Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. 7. Incentives: The Director may allow a reduction up to ten percent (10%) of the required parking spaces to accommodate existing trees through the Alternative Compliance process in accord with Chapter 5 ADMINISTRATION of this Title. Approval of the reduction in required parking shall be obtained in writing prior to submittal of plans. 11-3B-11 : STORMWATER INTEGRATION: A. Purpose: The regulations of this section are intended to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated, well-designed stormwater filtration swales into required landscape areas, where topography and hydrologic features allow. B. Applicability: The standards for stormwater integration shall apply to all subdivisions, site improvements and ACHD stormwater facilities. C. Standards 1. Stormwater swales incorporated into required landscape areas shall be vegetated with grass or other appropriate plant materials. Such swales shall also be designed to accommodate the required number of trees as per Section 11-3B-7 if located in a street buffer or other required landscape area. 2. A rock sump may be incorporated into a vegetated swale to facilitate drainage. The rock sump inlet may not exceed more than five feet (5') in any horizontal dimension. Grates for sand/grease interceptors may also be incorporated, but the inlet structures may not exceed two feet (2') in any horizontal dimension. 3. Gravel, rock, sand, or cobble stormwater facilities are not permitted on the surface of required landscape areas, unless designed as a dry creek bed or other design feature. 4. Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels. 5. Organic mulch shall not be used against drainage catch basins because of potential sediment clogging. 14 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 6. Slopes shall be less than or equal to 3:1 (horizontal: vertical) for accessibility and maintenance. 7. The stormwater facility shall be designed free-draining with no standing water within twenty four (24) hours of the completion of a storm event. 11-3B-12: MICRO PATHWAY LANDSCAPING: A. Purpose: The purpose of this section is to promote trees and other landscaping along micro pathways developed within the City. The required landscaping will provide shade and visual interest along the micro pathways. B. Applicability: Whenever micro pathways are installed, the landscaping standards within this section shall apply. C. Standards: 1. Planter width: A landscape strip a minimum of five feet (5') wide shall be provided along either side of the micro pathway. Designs are encouraged in which the landscape buffers alternates along either side of the micro pathway and provides additional width to allow trees to be planted farther from the pathway, preventing root damage to the path. 2. Required plants: The landscape buffers shall be planted with a minimum of one (1) deciduous tree per thirty-five (35) linear feet of either side of the micro pathway and shrubs, lawn, or other vegetative ground cover. 3. Improvements: The pathways shall be paved with two (2) inches of asphaltic concrete or equivalent. 4. Tree branching height: Trees along the pathway shall be pruned with a clear branching height of at least eight feet (8') above the path surface. 5. Shrub height: Shrubs are limited to three feet (3') high or less at mature size to allow for safety provisions and sight distance. 6. Mulch: The solitary use of mulches, such as bark alone without vegetative ground covers, is prohibited. Mulch under the trees and shrubs is required in accord with subsection 11-3B-3.H. of this Article. 7. Prohibited trees: No evergreen trees or Class HI trees shall be planted within the required landscape strip because of safety, sight distance, and maintenance concerns. 8. Fences: See Section 11-3A-7 of this Title for micro pathway fencing standards. 11-3B-13: LANDSCAPE MAINTENANCE: 15 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 A. Purpose: The regulations of this section are intended to ensure that all required landscaping is maintained in a healthy, growing condition at all times. B. Applicability: The requirement for landscape maintenance applies in all districts where landscaping has been required. C. Standards: 1. Responsibility: The property owner is responsible tor the maintenance of all landscaping and screening devices required by this Article. 2. Topping prohibited: Topping any street tree required by this Article is prohibited. 3. Tree grates: Tree grates shall be widened to accommodate the growing tree trunk and prevent girdling of any trees planted in tree wells within sidewalks or other public right-at-way. 4. Dead and diseased plant materials: Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced. 5. Inspections: All landscaping required by this subsection may be subject to periodic inspections by City officials to determine compliance or to investigate. 11-3B-14: INSTALLATION: A. Certificate of completion: A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. B. Installation schedule: 1. All required landscaping, irrigation systems and site features shall be installed according to the approved landscape plan prior to issuance of a final Certificate of Occupancy. 16 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 2. Private site improvements that are above and beyond the requirements placed on the development do not require completion prior to occupancy. (For example a clubhouse in a residential development need not be completed prior to occupancy of residences in the development). 3. For final plats, all landscape buffers along streets, with the exception of local streets, shall be installed prior to signature on the final plat. Street buffers on local streets may be installed at the time of the lot development; installation of such improvements shall not be required at the time of plat approval. C. Extension of time for installation: The Director may issue a Temporary Certificate of Occupancy for a specified time period, not to exceed one hundred eighty (180) days when: 1. Due to weather or other circumstances, the landscaping or other required site amenities cannot be completed; and 2. The applicant has bonded for the required improvements consistent with the provisions of Chapter 5 Article C. SURETY AGREEMENTS of this Title. 17 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 9/26/2005 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE C. OFF~STREET PARKING AND lOADING REQUIREMENTS ARTICLE C. 11-3C-1 : 11-3C-2: 11-3C-3: 11-3C-4: 11-3C-5: 11-3C-6: 11-3C-7: 11-3C-8: SECTIONS: PURPOSE APPLICABILITY PROCESS PARKING USE REGULATIONS DESIGN STANDARDS REQUIRED NUMBER OF OFF-STREET PARKING SPACES PARKING REDUCTION OFF-STREET LOADING SPACE REQUIREMENTS 11-3C-1: PURPOSE: The purpose of this Article is to provide regulations and standards for off-street parking and loading facilities with the intent to provide off- street parking areas, minimize traffic hazards and congestion, and mitigate impacts on surrounding properties. 11-3C-2: APPLICABILITY: The following standards shall apply to any new construction, alteration, or moving of a structure or any new or more intense use of property. The number of off-street parking spaces, as set forth in this Article, shall be provided for all allowed uses in any district. A greater number of spaces may be required in any application involving a conditional use permit. 11-3C-3: PROCESS: An off-street parking and loading plan shall be required as a component of any discretionary permit or applicable building permit. Such plan shall show the following: A. The off-street parking and loading plan shall contain the location, size, and type of all proposed off-street parking and loading facilities. B. If the proposed development project shall be completed in phases, such phases shall be noted on the plan. 11-3C-4: PARKING USE STANDARDS: A. Required parking spaces shall be used for vehicle parking only. B. Parking areas for residential dwellings: 1. Parking of one (1) commercial vehicle as defined in Chapter 1 GENERAL REGULATIONS of this Title per property may be allowed, provided it is operated by the occupant and used to commute from home to work at an off-site location or used as part of an approved home occupation. Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 9/26/2005 2. Vehicles without current registration shall not be parked or stored on any residential property other than in an enclosed space. 3. One (1) boat and one (1) travel trailer may be stored in the side or rear yard. 11-3C-5: DESIGN STANDARDS: A. Design of parking areas. 1. All parking areas shall be designed and constructed to provide the type and number of off-street parking spaces required by Section 11-3C-6 of this Title, and designed as required by this Section. 2. Location of parking spaces relative to structure(s). a. Parking spaces for all detached residential dwelling units shall be located on the same lot as the use that they are intended to serve. b. Parking for attached residential dwelling units shall be located not more than three hundred feet (300')from the structure(s), except as provided by Section 11-3C-7. c. Parking spaces for nonresidential uses shall be located not more than five hundred feet (500') from structure(s), except as provided by Section 11-3C-7. d. For any vertically integrated residential project, not more than ten percent (10%) of the required parking shall be located in the front of the structure. 3. Off-street parking spaces shall not be located in any landscape buffer as required by Article B. LANDSCAPING REQUIREMENTS of this Chapter. 4. Parking lots shall be designed in accord with Section 11-38-8 PARKING LOT LANDSCAPING of this Chapter. 5. Parking stalls and driving aisles shall be designed in accord with the standards in Table 11-3C-1. Figure 11-3C-1 shows the parking design dimensions. 6. All required parking as determined in Section 11-3C-6 shall be designed for standard vehicles. Compact stalls are discouraged, but may be used for any parking above the number of required parking spaces. 7. All parking areas shall provide on-site turnarounds in accord with the Meridian Fire Department standards for all off-street parking spaces and loading facilities. Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 9/26/2005 8. The design of off-street parking areas shall not require moving any car to gain access to a required parking space. 9. It is the responsibility of the applicant to ensure that the parking lot design and sidewalk and/or access provisions meet all American with Disabilities Act (ADA) requirements. TABLE 11-3C-1: REQUIRED STALL WIDTH AND LENGTH BY PARKING ANGLE 00 (parallel) 9'-0" 23'-0" 12'-0" 450 10'-0" 15-0" 13'-0" 600 9'-0" 18-0" 17'-0" 900 9'-0" 19'-0" 25'-0" FIGURE 11-3C-1: PARKING SPACE AND DRIVE AISLE DESIGN LEGEND A: Parking Angle D: One-Way Drive Aisle B: 51all Width E; Two-Way Drive Aisle C; Stall Depth '.. c .. . "I ~ Angled Parking One-Way Drive Aisle 90 Degree Parking Two-Way Drive Aisle o Degree Parking One.Way Drive Aisle Chapter 3 Article c. OFF-STREET PARKING AND LOADING REQUIREMENTS 9/26/2005 B. Improvements. 1. Except as otherwise provided in this Section, all off-street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base, not less than four inches (4") thick, surfaced with dustless material, including but not limited to, asphalt, concrete, pavers, bricks, or recycled asphalt. This standard shall not apply to temporary uses. 2. All parking and loading areas shall provide proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. 3. Except as otherwise provided in this Section, all off-street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. This standard shall not apply to temporary uses. 4. When a bumper overhangs onto a sidewalk or landscape area, the parking stall dimensions may be reduced two feet (2') in length if two feet (2') is added to the width of the sidewalk or landscaped area planted in ground cover. 5. Parking spaces and access lanes shall be marked, including handicapped symbols and signs. 6. All lighting provided to illuminate a parking area shall comply with the lighting standards provided in Article A. STANDARD REGULATIONS IN ALL DISTRICTS of this Chapter. 7. All landscaping improvements shall comply with Article B. LANDSCAPING REQUIREMENTS of this Chapter. C. Bicycle parking facilities shall meet the following location and design standards: 1. Bicycle parking facilities shall be located as close as possible to the building entrance(s). 2. Bicycle parking facilities shall not obstruct pedestrian walkways, public sidewalks, or building entrances. 3. It is the responsibility of the applicant to ensure that the bicycle parking facilities meet all American with Disabilities Act (ADA) requirements. 4. Bicycle parking facilities shall support the bicycle and allow the owner to lock the frame and front wheel with one lock. Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 9/26/2005 D. The Director may approve, or recommend approval of, an alternative off- street parking and loading plan, through the Alternative Compliance process when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this Article and shall not be detrimental to the public health, safety, and welfare. Mitigating circumstances might include, but not be limited to access to, an adequate public transit system and/or an unusually low parking demand. 11-3C-6: REQUIRED NUMBER OF OFF-STREET PARKING SPACES: A. The minimum number of required off-street vehicle parking spaces for residential uses shall be in accord with Table 11-3C-2. TABLE 11-3C-2: REQUIRED PARKING SPACES FOR RESIDENTIAL USE Dwelling, single-family detached 12 per dwelling unit,4 in enclosed garage with a 10' x 20' parking pad between access and garage2 2 per dwelling unit in an enclosed garage with a 20' x 20' parking pad between access and ara e2 2 per dwelling unit in an enclosed garage with a 20' x 20' parking pad between access and ara e2 Dwelling, townhouse 1 bedroom more than 1bedroom 12 per dwelling unit.-1-in enclosed garage with a 10' x 20' parking pad between access and garage2 2 per dwelling unit in an enclosed garage with a 20' x 20' parking pad between access and ara e2 Dwelling, two-family duplex 1 bedroom more than 1 bedroom 12 per dwelling unit,4 in enclosed garage with a 10' x 20' parking pad between access and garage2 2 per dwelling unit in an enclosed garage with a 20' x 20' parking pad between access and ara e2 B. The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts and Traditional Neigh- borhood Districts the requirement shall be one (1) space for every five hundred (500) square feet of gross floor area. In all Industrial District the requirement shall be one (1) space for every two thousand (2,000) square feet of gross floor area. In circumstances where there would appear to be a public safety issue, the Director may request additional information from the Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 9/26/2005 applicant to determine if there is sufficient parking. When in the determination of the Director there is insufficient parking, the applicant shall provide alternatives to on-site parking as set forth in Section 11-3C-7 of this Title. The determination by the Director shall be based on the following criteria: 1. The specific use(s) proposed andlor on the property; 2. Uses in the vicinity of the property; 3. A traffic study, if prepared, forecasting the expected traffic and parking needs expected from the use(s); 4. The availability of on-street. shared, and/or public parking within the vicinity of the use; and/or 5. The availability of public transit, van pooling or other alternative transportation to serve the use. C. Upon any change of use, the number of vehicle parking spaces to be provided shall be calculated according to the requirements of this Article for the new use. D. It is the responsibility of the applicant to ensure that the size and number of handicap accessible spaces meets all American with Disabilities Act (ADA) requirements. E. The required vehicle parking spaces shall be provided and continuously maintained. F. No required parking area or space provided, as required by this Article, shall later be eliminated, reduced, or converted in any manner unless other equivalent facilities approved by the Director are provided. G. One (1) bicycle parking space shall be provided for every twenty-five (25) vehicle parking spaces, except for single family residences, two-family duplex, and townhouses. 11-3C-7: STANDARDS FOR ALTERNATIVES TO ON-SITE PARKING: Alternatives to providing on-site parking as set forth in this Section are encouraged in all developments. When required to meet minimum parking standards of Section 11-3C-6B, alternatives shall include but not limited to, shared-use facilities, access to transit and availability of other forms of transportation such as carpool and van pools. A. Conditions favorable to providing alternatives to on-site parking are as follows: Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 9/26/2005 1. Shared use: a. There are convenient pedestrian connections between separate properties; b. The properties and/or uses are within 1,000 feet of each other; c. The principal operating hours of the uses are not in substantial conflict with one another; and d. Directional signs provide notice of the availability of parking. 2. Alternative transportation: a. There is a transit stop within }4 mile of the use; or b. There is an incentive program for carpooling, van pooling, or transit supported by the employer. B. Where alternative modes of transportation are available, on-site parking may be reduced by an equivalent amount to the demand that is met by the alternative transportation mode, as documented in a transportation plan prepared by a registered engineer. C. Agreement 1. All parties involved with the shared-use parking area shall submit a written agreement to the Director, signed by the applicable parties involved. The agreement shall specify the following: a. Party or parties responsible for construction; and b. Party or parties responsible for maintenance. 2. The applicant or owner shall record such agreement with the Ada County Recorder prior to issuance of any permits. 3. The shared-use parking agreement may be terminated by the parties only if off-street parking is provided in conformance with this Article and approved by the Director prior to the termination. Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 9/26/2005 11-3C-8: OFF-STREET LOADING SPACE REQUIREMENTS: A. Off-street loading spaces for commercial and industrial uses shall be provided in accord with Table 8-4G-3. TABLE 8-4G-3: REQUIRED LOADING SPACES BY GROSS FLOOR AREA GROSS FI..OORAREAIN SQUARE FEET o to 36,000 36,001 to 100,000 Each additional 75,000 or fraction thereof B. Type A spaces shall be not less than 12 feet in width and 35 feet in length. Type B spaces shall be not less than 15 feet in width and 65 feet in length. All spaces shall have 14 feet of vertical clearance. C. Parking and loading areas shall be designed so vehicles shall not back out into the street. D. No off-street loading space shall be located closer than fifty feet (50') to an abutting rural or residential district unless wholly enclosed within a sound attenuating structure, such as masonry block. No off-street loading space shall face an abutting residential district. E. Any off-street loading space located within fifty feet (50') feet of a residential district shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 9/26/2005 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE D. SIGN REQUIREMENTS ARTICLE D. 11-3D-1: 11-3D-2: 11-3D-3: 11-3D-4: 11-3D-5: 11-3D-6: 11-3D-7: 11-3D-8: 11-3D-9: 11-3D-1 0 SECTIONS: PURPOSE APPLICABILITY PROHIBITED SIGNS PROCESS GENERAL STANDARDS STANDARDS FOR TEMPORARY SIGNS STANDARDS FOR PERMANENT SIGNS ALLOWED WITHOUT A PERMIT STANDARDS FOR PERMANENT SIGNS ALLOWED WITH A PERMIT PLANNED SIGN PROGRAM STANDARDS BY ZONING DISTRICT: 11-3 D-1 : PURPOSE: The regulations of this Article are intended to: A. Require architectural and aesthetic harmony for signs as they relate to building design and surrounding landscaping. B. Regulate sign size, height, and quality of signs, which will allow for good visibility for the public and the needs of business while providing for the health and safety of the public by minimizing distractions to motorists and pedestrians. C. Regulate signs that will be compatible with the building, site conditions and land uses the signs are intended to identify. D. Require the maintenance of existing signs and provide for a program of bringing nonconforming signs into conformance with the standards of this Article as changes are made to the sign or business. E. Set forth procedures that will facilitate the efficient processing of sign applications. F. Establish design criteria that will promote attractive and effective signs for Meridian residents, businesses, employees and visitors. Chapter 3 Article D. SIGN REQUIREMENTS 1.0 o o N CO ~ 0) (f) LU 0- >- I- Z (!) U5 (/J l- rE ::2: w a:: :5 a w a:: z (') U5 ci Q) "0 :e <( (") Qj 15.. ~ u co ()) ~ "'0 C ::J o OJ ~ o ro OJ c OJ U5 o :1 LU 0:: :J (!) i:i: 9/26/2005 11-3D-2: APPLICABILITY: A. Except as otherwise provided in this Chapter, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the City, or cause the same to be done, without first obtaining a sign permit through the Planning and the Building departments. A permit shall not be required for a change of copy on any sign, nor for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued in accord with this Code, provided that the sign or sign structure is not altered in any way. See Figure 11-3D-1 (previous page) for an illustration of common sign types. B. Super Graphics: Super graphics, as defined in Chapter 1, Article A definitions of this Title are not regulated by this Code. C. Classification and Status of Existing Signs: Signs in existence prior to February 6, 2001, will fall under one of the three (3) following classifications and be subject to procedures and actions as described: 1. Conforming: A sign that conforms to the requirements of this Article. These signs may remain and continue to be governed according to this Article. 2. Nonconforming: a. Any sign that does not conform to the requirements of this Article, but which was legally erected in either of the following circumstances: i. a valid permit was issued for the sign prior to the adoption of this Code; or ii. the sign required no permit but was a legal sign prior to the adoption of this Code. b. No temporary sign, prohibited sign, or sign for an illegal use shall be eligible for "nonconforming" status. c. A nonconforming sign shall lose its nonconforming status if: i. There is a change of background area constituting fifty percent (50%) or more of the total existing sign background area; ii. The sign is moved to a position that violates this Article; or iii. The sign cabinet or supporting structure is replaced; or Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 iv. A new or additional sign, including reader boards, is provided for the business using the nonconforming sign; or v. There is a change in the use of the property on which the sign is located; or vi. There are alterations or enlargements to the site or building on the property in excess of twenty-five percent (25%) or more of the existing site or building. The amount of alterations shall be cumulative over time; or vii. The legal nonconforming sign has been damaged to the extent of more than fifty percent (50%) of its reproduction value. viii. The sign is abandoned; see Section 11-3D-5 of this Article. d. Upon occurrence of any of the above events, a nonconforming sign shall lose its legal status. Thereafter, the sign owner shall remove the sign within sixty (60) days, unless helshe is able to bring it into compliance with this Code. 3. Illegal: Any sign that does not conform to the requirements of this Article and for which a permit was never legally issued and that cannot meet the requirements of a legal nonconforming sign. JIIegal signs will be enforced under the provisions of Sections 11-3D-10 and 11-3D-11 of this Article. D. Public hearing notice signs as required by Section 11-5A-5D of this Title shall be exempt from the provisions of this Article. 11-3D-3: PROHIBITED SIGNS: The following types of signs are prohibited in all districts: A. Private signs within public right-of-way or upon city-owned property. (This does not prohibit the Transportation Authority or City from placing signs on the property.) B. Pennants, strings of lights, ribbons, streamers, spinners, twirlers or propellers, balloons, bubble machines and similar devices of a carnival nature. C. Signs which because of color, wording, design, size, movement, location or illumination resemble or conflict with any traffic-control device or with the safe and efficient flow of traffic. D. Signs that emit any sound, odor or visible matter. E. Abandoned nonconforming Signs. (See Section 11-3D-5.A) Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 F. Roof signs. G. The parking of any idle vehicle or trailer on any property for more than 72 hours, any part of which is located within 35 feet of a public right-of-way, and which has affixed to it a sign which is intended to attract or direct customers to a business which is on or near the property. This prohibition is not intended to apply to a fleet vehicle(s) which leaves the premises during the hours of the business operation. H. Strobe, revolving or flashing lights. Reader boards in all residential districts, except as approved through the Conditional Use Permit process for nonresidential uses. J. Off-premise signs, except as permitted in Sections 11-3D-6C1, 11-3D-8G, and 11-3D-9. K. Signs for illegal uses. 11-3D-4: PROCESS: A. Application for sign permit; 1. An application and fees, in accord with Chapter 5 ADMINISTRATION of this Title, shall be submitted to the Director on forms provided by the Planning Department. 2. The application shall contain such information as may be required by the Building Code in accord with Title 7 of the Meridian City Municipal Code and all appropriate regulations of the City. 3. Fees for sign permit applications shalf be paid to the Building Department at the time of sign permit issuance. Fees for temporary signs requiring permits shall be paid to the Planning Department. B. Effect of issuance: No permit for a sign issued hereunder shall be deemed to constitute permisSion or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. C. Inspection markings: 1. All permanent signs regulated by this Article shall be marked with the sign permit number. This marking shall be permanently placed on the exterior face of the sign or the support structure in a location where the information will be readily visible, legible, and accessible for inspection after installation and erection. Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 2. All temporary signs regulated by this Article shall attach the permit issued by the Planning Department to the temporary sign in a visible manner and accessible for inspection. D. Inspection. The Director and/or Building Inspector are hereby empowered to enter or inspect, upon notification of the property owner or manager, any building, structure or premises in the City on which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to ensure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. E. Maintenance. The Director shall have the authority to order the repair or structural alteration for safety of signs that present a hazard to the public. F. Signs declared hazardous: Upon finding that any sign endangers public safety by reason of inadequate maintenance, dilapidation or abandonment, the Director may declare the sign hazardous. The Director shall send the owner written notice that the sign has been declared hazardous, specifying the reasons why the sign endangers public safety, and order that the sign be repaired or removed by the owner within thirty (30) days. If a sign determined to be hazardous presents an immediate and serious danger to the public, it may be immediately removed by the City without prior notice and the removal costs charged to the owner. G. Time limitations: Every sign permit issued by the City shall become null and void if erection or construction on-site is not commenced within one (1) year from the date the permit was issued. If work authorized by such permit is suspended or abandoned for one year any time after the work is commenced, a new permit shall be obtained 11-3D-5: GENERAL STANDARDS: The following requirements shall apply to signs in all districts: A. Abandoned nonconforming signs: Except as otherwise provided in this Code, any sign located on property that pertains to a time, event, business, or purpose which no longer applies to that property and has been continuously vacant for a period exceeding six (6) months shall be deemed as abandoned. A nonconforming abandoned sign is prohibited and shall be immediately removed upon notice by the City or brought into full compliance by the owner of the sign or owner of the property. B. Abandoned conforming signs: Except as otherwise provided in this Code, any sign located on property that pertains to a time, event, business, or purpose which no longer applies to that property and has been continuously vacant for a period exceeding six (6) months shall be deemed as abandoned. Conforming abandoned sign structures may remain. However, the business name panels shall be removed immediately. Such signs shall be maintained in an aesthetically pleasing manner according to the Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 standards in Paragraph C of this section. C. Sign Maintenance and Repair: 1. All signs shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Nothing in this code shall relieve the owner or user of any sign or owner of property on which a sign is located from maintaining the sign in a safe condition and in a state of good repair. 2. Maintenance requirements include, but are not limited to, the following s itl,lations: a. Any metal pole covers and sign cabinets shall be kept free of rust and rust stains; b. Any internally illuminated sign cabinets or sign panels that have been damaged shall remain unilluminated until repaired; c. All abandoned signs shall either install blank opaque panels or reverse the existing panels to avoid exposing any internal illumination; d. Any signage that has been damaged to such extent that they may pose a hazard to passersby shall be repaired or removed immediately. D. Blanketing of signs: No freestanding permanent sign shall be erected in the same horizontal plane with other signs unless spaced at least twenty-five feet (25') apart. E. Signs adjacent to residential districts: 1. Any freestanding sign located on a commercial or industrial property that is adjacent to a residential district and shares the same street frontage shall be set back to meet the front setback requirements of the adjoining residential district. 2. No sign background or area facing the side or rear property line of an abutting residential district shall be located within fifty feet (50') of such side or rear property line. 3. Animated signs and/or signs using direct lighting shall be prohibited within one hundred feet (100') of any residential district. Distance shall refer to the linear measurement in either direction on the street to which the sign faces only. 4. No sign shall be designed or located such that more than one-half (~) foot-candle of light fall occurs at ground level at the property line of a residential district. Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 F. Clear vision triangles: Signs shall not be permitted in the clear vision triangle as set forth in Section 11-3A-5 clear vision triangle of this Title. G. Street-ground elevation differences: If a street elevation to which the sign is oriented is more than the grade elevation at the base of the sign structure, then the street elevation shall be used in determining the permitted height of signs erected upon the ground. This provision shall apply only to freestanding signs. H. Utility power lines: 1. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accord with National Electric Safety Code specifications, as reviewed and determined by the local power company. 2. Applicants are required to contact the local electric company before erecting a sign nearer than twenty-five feet (25') of electric power lines. 3. No sign shall be placed within a power line easement without approval of the holder of such easement. Design: 1. Sign supports: The intent of this Section is to prohibit bare pylons and/or mono poles, except in the 1-84 Overlay and Freeway Interchange Overlay for signs over thirty-five feet (35') in height. All other pole support structures shall be constructed with pole covers that meet the following standards: a. Covering shall be designed to fully enclose the pole(s). b. Paint or wraps shaH not be permitted types of covering. Vinyl or similar materials that complement the sign background area may be allowed on sign supports for sign ten feet (10') or less in height when such covering meets or exceeds the intent of this Section, as determined by the Director. c. Special decorative elements such as sculptured metal, wrought iron or other aesthetically pleasing materials that are incorporated into the support structure design and do not fully enclose the structure may be allowed, as determined by the Director when they meet or exceed the intent of this Section. 2. Signs shall incorporate design and building materials that complement the architectural theme of the building for which the sign identifies. For permanent signs, architectural appurtenances or other decorative Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 elements that do not contain copy are allowed up to a maximum of fifteen percent (15%) of the district's allowable sign height. J. Landscape base requirement: All freestanding signs shall be set entirely within a landscaped area having at least the same square footage as the background area of the sign. K. Street address: 1. All freestanding signs, except as otherwise approved for residential subdivisions, shall include the street addressees) of the subject property. 2. The placement of the street address on the sign shall be in addition to any address required to be placed on the building, unless otherwise authorized by the Meridian Fire Department. 3. Numbering shall be a minimum of three and one-half inches (3.5") tall and be of a contrasting color. Along arterial streets, numbering shall be a minimum of six inches (6") tall and be of a contrasting color, with the following exception: because of the reduced travel speeds and close proximity of the structures within the O-T District, such properties shall be exempt from the larger numbering size. 4. Street addresses shall not be included in the calculation for sign background area, except for those portions that exceed five (5) square feet. 5. On multitenant signs, addresses shall be included with the planned sign program application. 6. Signs that identify multiple buildings and/or addresses may provide a range of addresses. 11-3D-6: STANDARDS FOR TEMPORARY SIGNS: A. General standards for all temporary signs: 1. Where applicable, temporary signs shall be removed upon expiration of the allowed or permitted display period. 2. All temporary signs shall be securely fastened to the ground or to a permanent structure, or the temporary sign shall be mounted upon a permitted device. Signs shall be erected in a manner that does not create a potential hazard of any kind. The attachment line and balloon (or other sign) shall not exceed eighty percent (80%) of the horizontal distance to the nearest overhead power line. For example, an inflatable sign with a forty-foot (40') lead must be at least fifty feet (50'), (40' x 80%) from any power line, measured in a horizontal distance. Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 3. No temporary sign shall be internally or externally illuminated. 4. No temporary sign shall be located within a public right-of-way, except as permitted under Section 11-3D-6.C and where the applicant has written approval from the Transportation Authority. 5. All temporary signs shall be weatherproofed and kept in a state of good appearance, safety, and repair. Any damaged or potentially hazardous sign shall be repaired or removed immediately. 6. The following additional standards shall apply to temporary signs that require a permit as set forth in the Section 11-3D-6C of this Article. a. A temporary sign permit may be obtained through the Planning Department for fifteen (15), thirty (30), sixty (60), or ninety (90) day time periods. ix. In no instance shall a temporary sign requiring a permit be displayed for more than ninety (90) days per year per business. x. A permit must be obtained for every new temporary sign to be displayed. xi. If a permitted sign is removed for any portion of the permitted time period, the time shall be forfeited and shall not accrue or be added to the allowable display period for a temporary sign. For example, if a business owner obtains a permit for ninety (90) days for a banner sign, that would be the only temporary sign allowed that year. Even if that business owner were to remove the banner sign after thirty (30) days, that business would not be eligible for an additional sixty (60) days of display time for a temporary sign. b. The temporary sign permit shall be attached to the approved sign so that it is visible from the nearest public right-of-way. c. All signs to be placed on private property shall obtain the written consent of the property owner and file that consent with the Planning Department prior to issuance of a permit. Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 B. Temporary Signs Not Requiring a Permit: The temporary signs listed below do not require a permit, provided that the construction, placement and use of the temporary signs are in conformance with all applicable standards of this Article. 1. Construction signs shall be allowed, provided that such signs are erected no more than thirty (30) days prior to the beginning of construction for which a valid building permit has been issued, are confined to the site of construction, and are removed five (5) days after completion of construction and prior to occupancy. Construction sign shall be a maximum of thirty-two (32) square-feet in area, unless legally required by a governmental contract to be larger. (See Tables 11-3D-1 through 11-3D- 9 for other standards related to constriction signs.) 2. Holiday decoration signs are allowed, provided that such signs are erected no more than thirty (30) days prior to the official holiday and are removed five (5) days after said holiday. Such decorations shall comply with the standards in Section 11-3D-6.A. 3. Temporary sign in residential districts are allowed, provided that such signs are no more than six (6) square feet in area and no more than one (1) temporary sign is displayed per property. If the sign pertains to an event, the sign shall be removed within five (5) days after said event. Events shall include, but not be limited to an election, home sale, garage sale, seasonal event, birth announcement and similar events associated with a residential district. 4. Temporary window signs are allowed in nonresidential districts, provided that the temporary signs shall not exceed twenty five percent (25%) of the window area, and the combined total copy are of temporary and permanent window signs shall not exceed twenty five percent (25%) of the total window area per building elevation. 5. Handheld signs are allowed. C. Temporary signs requiring a permit: The following signs may be allowed upon issuance of a permit from the Planning Department. 1. Street Banners stretched over public property that pertain to civic affairs and that meet the following standards: a. The Director shall determine that the banner pertains to a civic affair. b. No banner shall be allowed over public property for a longer period than fourteen (14) days. c. A substantial rope at least one inch (1") in diameter shall be used as the main support for banners and two and one-half inches (2%") ropes shall be used for securing each lower corner. The banner shall have sufficient Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 wind holes. Wire cable, metallic rope or other material capable of conducting electricity shall not be used to secure the banner. 2. Searchlights that meet the following standards: a. The searchlight is used by a business once annually for a maximum period of seven (7) consecutive days, or for purposes of the grand opening of a new business or a business under new management for a maximum period of seven (7) consecutive days. b. In no case shall the beam of the searchlight flash against any building or sweep an arc greater than forty-five (45) degrees from vertical. 3. Balloons and other inflated devices and other temporary signs that exceed the freestanding sign height allowances for the district, provided that such balloons, devices and signs meet the following standards: a. No more than one (1) such sign or device is allowed per business per year. b. The sign or device is securely fastened to a permanent structure or device. c. No mylar, electricity or other power-conducting material is used in the construction of the sign or device. d. The sign or device is no greater than one and one-half (1~) times the maximum building height within the district. 4. Temporary sign in nonresidential districts that meet the following standards: a. A maximum of one (1) such sign shall be displayed per business at any one time and a maximum of three (3) such signs per property. b. The background area for temporary banner signs shall not exceed five percent (5%) of the wall area on which the banner is fastened or three percent (3%) if the same wall has a permanent wall sign. c. The background area for all other temporary signs shall not exceed sixteen (16) square feet. d. The sign(s) shall not be attached to the support structure of a freestanding sign, and shall comply with the permanent sign setback requirements. 5. Temporary off-premise sign that meets the following standards: 10 Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 a. A maximum of one (1) such sign per property shall be displayed at anyone time. The sign shall be considered as a temporary sign and shall be included in the application of Section 11-3D-6A6a. b. The background area shall not exceed six (6) square feet. c. The applicant shall provide the notarized consent of the property owner. 11-3D-7: PERMIT: STANDARDS FOR PERMANENT SIGNS ALLOWED WITHOUT A A. Directional or public service information signs. Directional signs shaH be no greater than four (4) square feet in area and no more than four feet (4') in height. If business identification is used, then it shall be secondary in all aspects to the primary use of these signs for directional purposes as defined. B. Conventional flags, emblems or insignia of any national or political subdivision or corporation. C. Governmental signs for the control of traffic or other regulatory purposes, or signs of public service companies indicating danger, that are erected by or on the order of a public officer in the performance of public duty. D. House numbers and name plates. E. Signs located within the interior of any building or structure that are not visible from the public right-of-way. F. "No Trespassing" or "No Dumping" signs that do not exceed one-one-half (1%) square feet in area per sign and that do not exceed one (1) per one- hundred feet (100') of the perimeter of the property. Special permission may be obtained from the Dir~ctor for additional signs where hazardous or public nuisance conditions exist. G. Memorial signs or tablets, names or buildings and date of erection that are cut into masonry surface or inlaid so as to be part of the building. H. Occupant wall signs not to exceed one (1) for each dwelling unit indicating the name of the occupant, or the location or identification of a home or professional office except as limited by the district encompassing the use. Plaques or nameplate signs of not more than two and one-half (2 %) square feet in area that are fastened directly to a building. J. Public signs required or specifically authorized for a public purpose by any law, statute or ordinance, that may be of any type, number, area, height 11 Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 above grade, location, illumination or animation as required by the law, statute or ordinance under which the signs are erected. K. Historical signs or markers. L. Permanent window signs (where such signs are allowed), provided that permanent signs shall not exceed twenty-five percent (25%) of the window area, and the combined total copy area of temporary and permanent window signs shall not exceed fifty percent (50%) of the total window area. M. Signs in the display windows of a business that are incorporated in a display of merchandise and not attached to the window glass. N. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies, provided that no such symbol plaque or identification emblem shall exceed four (4) square feet in area, and provided further that all such symbols, plaques and identification emblems shall be placed flat against a building. O. Signs warning the public of the existence of danger, of a size as may be necessary to be removed upon subsidence of danger. Such signs shall not contain advertising material. P. Any sign that is oriented only to the property on which it is located and is not visible from the public right-of-way. 11-3D-8: STANDARDS FOR PERMANENT SIGNS ALLOWED WITH A PERMIT: The following regulations apply in correlation with the sign types listed in Tables 11-3D-1 through 11-3D-9 in this Section. A. Rent, lease and sale Signs: the regulations in Sections 11-3D-6.A.6 and 11- 3D-6.A.10 shall also apply. B. Construction signs: the regulations in Section 11-3D-6.A.2 shall also apply. C. Freestanding signs (Single Building): In addition to the provisions of Tables 11-3D-1 through 11-3D-9, the following standards shall apply to all freestanding signs not part of a planned sign program: 1. Number allowed: No building occupied by a single tenant may be signed with more than one (1) freestanding sign unless the sign is sited on a second public street frontage of the lot, or approved as a directional sign. For single tenants on property in excess of ten (10) acres or more, the Director may approve additional freestanding signs not exceeding four (4) feet in height through the alternative compliance procedure in accord with Chapter 5 ADMINISTRATION of this Title. 12 Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 2. Maximum height and background area: The sign height and background area shall be as provided in Tables 11-3D-1 through 11-3D-9. 3. Setbacks and location: In all districts, no part of the sign, including the footing, shall be located closer than five feet (5') from the side and rear property Jines, unless greater separation is required. In commercial and industrial districts, no part of the sign, including the footing, shall be located closer than one foot (1') from the front property line. In residential and office districts, the setback shall be a minimum of five feet (5') from the front property line. (See Sections 11-3D-5E and 11-3D-5F for other setback requirements.) 4. Illumination: Signs may utilize direct, indirect or internal lighting, except that the use of direct lighting in or adjacent to residential districts is prohibited. D. Wall signs: In addition to the provisions of Tables 11-3D-1 through 11-3D-9, the following standards shall apply to all wall signs: 1. Area: For wall signs oriented to a public street, the sign shall not exceed eighteen percent (18%) of wall area (up to a maximum of seventy-five (75) square feet in office districts). For wall signs not oriented to a public street, the sign shall not exceed nine percent (9%) of wall area. "Wall Area" shall mean the wall surface of a single-tenant structure or the storefront of a multitenant structure. When a combination of wall and freestanding signs are used on a single site, the total area for wall signs oriented to a public street shall be reduced by fifty percent (50%). 2. Height: No wall sign shall exceed the height of the wall face. 3. Number allowed: Each business with exterior frontage in office, commercial or industrial districts or as otherwise approved as part of a Planned Development shall be permitted wall signs. The combined area of all signs on a single wall shall not exceed the allowable percentage. 4. Lighting: Direct illumination signs are prohibited, except that neon may be permitted if contained within channel letters or raceways. Skeleton neon is not permitted. 5. Animation, flashing lights, and revolving signs are prohibited as wall signs. 6. The design of the sign, including color scheme, shall be compatible with the wall face. Illuminated wall signs shall be designed in accord with Sections 11-3D and 3E. No illuminated wall sign shall be visible from any adjacent residential structure. E. Projecting Signs: 13 Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 1. Location: Projecting signs are prohibited in all districts except O-T and TN- C or as approved under a planned sign program. 2. Maximum background area: The maximum background area shall be five percent (5%) of building face facing a local street within the Old Town District, up to a maximum of fifteen (15) square feet; fifteen percent (15%) in other districts where such signs are allowed. When both projecting and wall signs are utilized, the allowable area for each sign type is to be reduced by fifty percent (50%). 3. Projection above building height: No projecting sign shall ever project above the building roof line. 4. Vertical clearance: The minimum clearance over public rights-of-way or private walkways shall be eight feet (8'). 5. Lighting: projecting signs shall have either direct or indirect lighting sources. 6. Number allowed: Where permitted, no more than one (1) projecting sign per business shall be allowed. 7. Projection from wall: Projecting signs shall have a maximum projection of ten feet (10') or to within two feet (2') of the face of the curb, whichever is less. F. General interest directional signs: Except as otherwise provided, sign regulations governing erection of non-accessory directional signs at street intersections and other appropriate locations by City of Meridian for direction to places of general interest such as colleges, auditoriums, fairgrounds, hospitals, airports, parks, playgrounds, and other places are to be treated as public service information signs and regulated as such. G. Billboards: 1. Existing billboards may be allowed to relocate with a Conditional Use Permit if the new site is approved based on the findings and criteria set forth in Paragraphs 2 and 3 of this Section. 2. Existing off-premise signs of the billboard category may be replaced structure for structure. 3. The Planning and Zoning Commission and City Council shall make all of the following findings in permitting a billboard relocation: a. That the location and placement of the sign will not endanger motorists or pedestrians and does not interfere with the clear vision triangle at street, railroad, or street-driveway intersections. 14 Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 b. That the sign will not cover or blanket any prominent view of a structure or fayade of historical or architectural significance. c. That the sign will not obstruct views of users of adjacent buildings to side yards, yards, or to nearby open space. This requirement does not include views of distant vistas. d. That the sign will not negatively impact the visual quality of a public open space such as a recreation facility, square, plaza, courtyard and the like. e. That the height of the sign is compatible with the heights of buildings in the immediate area of three hundred feet (300') radius from sign. Where the view of the sign is obstructed by a building or buildings on the same or adjacent properties, or where the view to the business or businesses located on the same or adjacent properties would be obstructed by the placement of the sign, the height of the sign may not exceed the height of the building on the same or adjacent property by more than twelve feet (12'). For safety reasons the minimum clearance of a sign shall never be less than eight feet (8'). Height of signs located in undeveloped areas; an area where no buildings are within three hundred feet (300') shall not exceed twenty-two feet (22') above grade. That the sign's lighting will not cause hazardous or unsafe driving conditions for motorists and will not glare, reflect, or spill onto adjacent business or residential area. H. Reader boards: 1. Automatic a. Animation and/or automatic reader boards are prohibited on all signs in Residential, L-O, C-N, C-C, O-T, TN-C, and TN-R districts. b. In C-G, I-L and I-H districts, animation is allowed for a maximum of thirty percent (30%) of the sign background area. c. Public middle school and high schools shall be allowed one (1) on- premise animated sign where the animation is a maximum of thirty percent (30%) of the sign background area, regardless of the zone in which the school is located. The Director may approve an alternative off- premise location where it provides better information to the community. In no case shall more than one (1) animated sign be aJlowed. d. Direct light sources shall not exceed forty (40) watts or sixty (60) milliamps. No part of the sign structure shall physically move. No part of the sign shall flash or strobe. Flashing and/or animated signs are prohibited within one hundred feet (100') of any residential district 15 Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 e. All animated signs that are visible from a public street shall be programmed as follows: Text messages that are longer than the display area and do not contain any graphics shall scroll in a consistent and predictable manner. ii. In all other displays, including but not limited to graphics, letters and/or numbers, each display shall remain unchanged for a minimum of five (5) seconds, including unchanged color and brightness. 2. Manual reader boards are allowed for a maximum of fifty percent (50%) of the sign background area. Subdivision Identification Signs: In addition to the provisions of Tables 11- 30-1 through 11-3D-9, the following standards shall apply to all subdivision identification signs: 1. Within the R2, R4, R8, and TN-R Districts: a. Two (2) subdivision identification signs are allowed per entrance only if the subdivision entrances are a minimum of 1,320 feet apart and signs are on different sides of the entrance. b. If the subdivision entrances are less than 1,320 feet apart, as measured from centerline to centerline, then only one (1) subdivision identification sign is allowed per entrance. c. Subdivision identification signs located within medians shall be a minimum of 20 feet back from the right-of-way line of the perpendicular street 2. Where a center sign is on the same street frontage as the subdivision identification sign, the background area of the existing center sign shall be subtracted from the allowable background area for the subdivision identification sign. 3. Subdivision identification signs shall only identify the subdivision or development name. Such signs shall not identify any businesses, tenant, or developer names. 11-30-9: PLANNED SIGN PROGRAM: In addition to the provisions of Tables 11-3D-1 through 11-3D-9, the following standards shall apply to all signs within a planned sign program: A. Purpose: The purpose of a planned sign program is to establish consistent sign criteria tailored to multibuilding and/or multitenant developments. The intent is to provide for flexible sign criteria that promotes superior design 16 Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 through architectural integration of the site, buildings and signs. If approved, a planned sign program may allow for increases to the background area, height, and other standards for wall signs. B. Applicability: 1. All developments in commercial, office or industrial districts comprising more than one (1) principal building on a property shall apply for a planned sign program. 2. All developments in commercial, office or industrial districts with more than one (1) tenant per building and proposing more than one wall sign per elevation shall apply for a planned sign program. 3. Existing developments that do not have a planned sign program shall be required to apply for a planned sign program when the first tenant in the project requests a change of sign background area as defined in this Article. Thereafter, all subsequent changes of sign face in the project shall be required to conform to the approved planned sign program. 4. Planned sign programs may not be used by individual buildings or developments to increase the size, dimensional, or other standards of the district. C. Process: 1. The planned sign program shall be filed with the Director and shall specify standards for consistency among all signs within the development. 2. The approval of a planned sign program shall be required prior to issuance of a building permit. 3. The installation of any sign may occur only after a planned sign program has been submitted, reviewed and approved by the Director. 4. Thereafter, a sign that conforms to the approved planned sign program may be permitted by the Director. 5. Approval of a planned sign program does not waive the permit requirements for individual signs. In cases of existing sites that have no approved planned sign program, all signs shall be regulated in conformance with all other sections of this Title until such time as a planned sign program is submitted, reviewed and approved. D. Standards: 1. Signs shall incorporate materials, colors and a design motif that is compatible with and complements the architectural theme and style of the 17 Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 building or complex for which the sign identifies. Sign designs shall reflect a common theme and incorporate similar design elements in terms of materials, letter style, illumination, sign type and sign shape. 2. One (1) primary freestanding sign, hereinafter referred to as center sign, shall be allowed per the subject area of the planned sign program unless otherwise restricted by Section 11-3D-81, Subdivision Identification Signs. One additional center sign shall be allowed per one thousand feet (1,000') of street frontage or any portion thereof. The one-thousand feet (1,000') shall be cumulative for corner lots. For example, a corner lot with four hundred feet (400') of frontage on one street and five hundred feet (500') of frontage on a second street shall only be allowed one (1) enter sign because the combined total street frontage is less than one thousand feet (1,000'). a. In addition to the center sign, one (1) secondary freestanding sign for each building within the development is permitted, with size and background area in accord with Tables 11-3D-1 through 11-3D-9, provided that no sign exceeds a height of ten feet (10') and background area of seventy (70) square feet b. Where there is a subdivision identification sign on the same street frontage as the center sign, the background area of the subdivision identification sign shall be subtracted from the allowable background area for the center sign. 3. Wall signs are permitted in any number, location, or orientation, except toward an adjoining residential property, provided that the total square footage does not exceed eighteen percent (18%) of the wall face upon which the sign is placed, or nine percent (9%) of the wall if combined with a freestanding sign on the same lot. 4. Sign height and placement shall be consistent throughout the development site. 5. After approval of a planned sign program, no signs shall be constructed except in conformance with such plan. Upon approval, the sign program shall apply to all existing and future tenants. This planned sign program shall be included in the lease for each individual tenant. Proof of said inclusions shall be submitted to the Planning Department by the property owner. 11-30-10: SIGN STANDARDS BY DISTRICT: A. Signs shall conform to the dimension, location, and other standards specified in Tables 11-3D-1 through 11-3D-9. B. Allowable sign size exchange for corner property in all districts: In all districts, land abutting more than one public street shall be allowed its quota 18 Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 of signs on each street and up to twenty percent (20%) of the permitted sign size quota on any street may be deducted there from and added to the second street frontage. C. 1-84 sign overlay: There shall be an 1-84 Sign Overlay located within an area three hundred feet (300') from and parallel to the right-of-way line of 1-84 on both the north and south sides of the interstate. Freestanding signs and wall signs within the 1-84 sign overlay shall comply with the following standards: 1. Wall signs: See Table 11-3D-7 for specific standards. Only one (1) wall sign oriented to 1-84 shall be allowed per business, or per tenant in a building that is occupied by two or more tenants. However, not more than two (2) freeway-oriented wall signs shall be allowed on any single building or structure. 2. Maximum freestanding sign height: A freestanding sign located within the 1-84 sign overlay shall not exceed forty (40) feet in height. 3. Maximum background area: A freestanding sign located within the 1-84 sign overlay shall be one (1) square foot of sign area per linear foot of freeway frontage up to a maximum of on-hundred fifty (150) square feet for single building signs and three hundred (300) square feet for center signs. 4. Spacing: The minimum distance between freestanding signs within the 1_ 84 sign overlay is five hundred feet (500'). 5. Subdivision identification signs oriented to the freeway are permitted within the 1-84 sign overlay, but the sign support shall be designed with a foundation, pedestal or other non-pole design structure and be compatible with the residential subdivision. D. Freeway interchange sign overlay: A Freeway Interchange sign overlay shall be established by this Article. Figures 11-3D-2 and 11-3D-3 graphically depict the overlay boundaries. The intent of this overlay is to allow businesses located near an 1-84 interchange the option of increased sign visibility and height. Freestanding signs and wall signs within the Freeway Interchange Sign Overlay shall comply with the following standards: 1. Wall Signs: All wall signs on buildings with 1-84 frontage shall comply with the standards set forth in Section 11-3D-9.C.1. All other wall signs shall comply with the standards set forth in Section 11-3D-8E. 2. Maximum Freestanding Sign Height: A freestanding sign located within the Freeway Interchange Sign Overlay shall not exceed forty feet (40') in height. 3. Maximum Background Area: A freestanding sign located within the Freeway Interchange Sign Overlay shall be allowed a sign background 19 Chapter 3 Article D. SIGN REQUIREMENTS 9/26/2005 area no greater than one hundred twenty (120) square feet for a single building and three hundred (300) square feet for a center sign. 4. Location: All freestanding signs using the increased sign height allowed by the overlay shall be entirely located within the freeway interchange sign overlay boundaries. If only a portion of a property falls within the overlay boundary, the sign shall be located within said portion in compliance with all other setback requirements of this Title. If the sign cannot comply with other setback requirements, the sign shall meet the sign standards for the base district. 5. 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W5 ~ ~ r-; 6 ~ ~ (!) a:: z.~ ~ (f) I- Z w 2 w n::: 5 @ n::: z (9 U5 o Q) C3 :e <( ("f) ill C. co ..c U o o o N CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE E. TEMPORARY USE REQUIREMENTS ARTICLE E. 11-3E-1 : 11-3E-2: 11-3E-3: 11-3E-4: 11-3E-5: 11-3E-6: 11-3E-7: 11-3E-8: SECTIONS: PURPOSE APPLICABILITY PROCESS GENERAL STANDARDS STANDARDS FOR FIREWORKS STANDS STANDARDS FOR SUBDIVISION MODEL HOME/REAL ESTATE SALES OFFICES STANDARDS FOR CONSTRUCTION SITES STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENTS STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT STANDARDS FOR PROMOTIONAL ACTIVITIES IN THE NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OF GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE. 11-3E-9: 11-3E-10: 11-3E-11 : 11-3E-1: PURPOSE: The regulations of this Article are intended to allow for the temporary or seasonal uses that support community events and celebrations, or uses of a limited duration that are accessory to a primary use. 11-3E-2: APPLICABILITY: The regulations of this Article shall apply to all temporary uses in all districts with the exception that special events and seasonal activates that are conducted as part of an education facility shall be deemed accessory uses. 11-3E-3: PROCESS: The applicant shall obtain a Certificate of Zoning Compliance for any temporary use. 11-3E-4: GENERAL STANDARDS: A. Time period: 1. Except as otherwise defined in this section, a temporary use is allowed for a specified periOd not exceeding twelve (12) months from issuance of Certificate of Zoning Compliance. 2. For seasonal stands or events, the Certificate of Zoning Compliance shall specify a beginning and end date, Chapter 3 Article E. TEMPORARY USE REQUIREMENTS B. Location: 1. Structures andlor the display of merchandise shall comply with the setback requirements of the district within which it is located. 2. Temporary structures and merchandise shall be displayed so as not to interfere with the clear vision triangle. In no case shall items be displayed, or business conducted within the public right-of-way, unless otherwise authorized by the Transportation Authority. C. Structures: 1. A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred (500) square feet. 2. The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the regulations of this Title. 3. Any temporary structures shall be portable and completely removed at the end of the allowed time period. 4. The applicant shall obtain any necessary building permits. D. Caretaker unii: 1. One (1) caretaker unit in a trailer or recreational vehicle may be allowed on the site only for the purposes of security and maintenance of the site. 2. The unit shall be completely removed at the end of the allowed time period. E. Parking and access: 1. Adequate off-street parking shall be provided to serve the use. 2. The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site. 3. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances. 4. All surfaces used for parking shall be constructed with paving, vegetative cover or of dustless material. Chapter 3 Article E. TEMPORARY USE REQUIREMENTS F. Signs. All signs erected in association with the use shall be in compliance with the regulations for signs, Chapter 3, Article D sign requirements of the Meridian City Municipal Code. G. Noise: Compressors, fans, pumps, and other motorized equipment shall be located or shielded to reduce noise levels to adjoining properties. H. Site conditions: 1. The site shall be returned to a clean condition after the termination of the use, including free of debris and garbage. 2. Unsold food products, trees, greens, or debris generated by the use shall be properly disposed off the site. Unobstructed sidewalk: If a private sidewalk or pedestrian way in front of the building is used for the temporary use, a minimum width of four (4) feet shall remain unobstructed for pedestrian use. J. Conditions: The Director may require additional conditions to mitigate adverse effects on surrounding properties, particularly regarding traffic generated, compressor and pump noise, odor, light and glare, dust, and hours of operation. The conditions may include, but not be limited to, any or all of the following: 1. Standards related to the emission of noise, vibration, and other potentially objectionable impacts. 2. Limits on time of day for the conduct of the specified use, including deliveries and maintenance. 3. Other standards necessary to protect the public health, safety, and welfare and mitigate adverse effects on surrounding property. K. The use shall comply with any guidelines, regulations and permitting process required by any authorizing public agencies, including but not limited to, the Central District Health Department, Transportation Authority, and Meridian City Departments, 11-3E-5: STANDARDS FOR FIREWORKS STANDS: A. The use shall be prohibited in residential districts. S. The applicant or owner shall obtain written approval of the Meridian City Fire Department. C. Dates of fireworks sales shall comply with Idaho Code ~39-2606. Chapter 3 Article E. TEMPORARY USE REQUIREMENTS D. Applicant shall comply with the standards for access as determined by the Transportation Authority. E. Parking areas shall be paved, in vegetative cover, or improved with a dustless material. 11-3E-6: STANDARDS FOR SUBDIVISION MODEL HOME/REAL ESTATE SALES OFFICES: A. The sales office shall be located on a lot within a subdivision or planned unit development. B. The principal use of the sales office shall be the sale of lots and/or dwellings within the development. C. The sales office shall meet the construction standards for commercial occupancy and obtain all necessary permits as required by the Building Code in accord with Title 7 of the Meridian City Municipal Code. D. When required, the applicant or owner shall obtain a building permit to convert the sales office to a dwelling or shall remove the sales office within 30 days of the sale or rent of the final lot or space. 11-3E-7: STANDARDS FOR CONSTRUCTION SITES: A. New development shall contain construction debris on-site and prevent wind-blown debris from entering neighboring properties. B. Temporary buifdings, construction trailers, equipment and materials may be permitted in any district during the period construction work is in progress. Such temporary facilities or equipment shall be removed within 60 days of completion of the construction work. 11-3E-8: STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS: A. The provisions of this title shall apply to holiday tree lot, snow cone shack, pumpkin sale stand, produce stand, and similar uses as determined by the Director. B. The use shall be prohibited in residential districts. C. Such sales are limited to a period of time not to exceed two (2) consecutive months for pumpkin and Christmas tree sales, and four (4) consecutive months per calendar year for other uses. Christmas tree lots shall be removed by the 1 st day of January, D. Applicant shall comply with the standards for access as determined by the Chapter 3 Article E. TEMPORARY USE REQUIREMENTS Transportation Authority. E. Parking areas shall be paved, in vegetative cover, or improved with a dustless material. 11-3E-9: EVENT: STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION A. Events, such as festivals, carnivals, circuses, fairs, and amusement rides may be allowed in any nonresidential district for a period not to exceed two (2) weeks within any ninety- (90) day period. B. The Meridian City Police Department shall approve the location and access for any use in this category. C. Vendors shall obtain a City of Meridian Vendor License. 11-3E-10: STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT: A. The applicant shall provide notarized consent of the property owner. B. The use shall be prohibited in Residential Districts. C, Vendor shall obtain City of Meridian Vendor License. D. No caretaker unit shall be allowed, E. Signs shall only be allowed on the vending units and shall not exceed sixteen (16) square feet in area, F. No direct sales to customers in vehicles shall be allowed. The design and placement of the units shall prohibit such sales. (Vendors with drive-up windows must be in a structure and shall be processed as a conditional use in accord with Chapter 5 administration of this Title.) G. The 12-month approval period shall be evaluated at the time of the annual license renewal. 1. If Planning staff and/or the Code Enforcement Officers have unresolved, compelling complaints regarding the vendor, a new temporary use shall be required. Otherwise the twelve-(12) month approval period shall be extended, Chapter 3 Article E. TEMPORARY USE REQUIREMENTS 2. As complaints are received, the Director will determine if the complaint represents a compelling health andlor safety issue. Any compelling complaints will be forwarded to the Code Enforcement Officer for resolution in accord with the enforcement provisions of Section 11-1-11 of this Title. 11-3E-11: STANDARDS FOR PROMOTIONAL ACTIVITIES IN THE NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OF GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE: A. The applicant shall provide notarized consent of the property owner. B, The use shall be prohibited in residential districts. C. Activities may be conducted outside for a period of not more than two (2) weeks. D. Applicant may request renewal twice during any calendar year, for a maximum of six (6) weeks per calendar year. Chapter 3 Article E. TEMPORARY USE REQUIREMENTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE F. PRIVATE STREET REQUIREMENTS ARTICLE F. SECTIONS: 11-3F-1: PURPOSE 11-3F-2: APPLICABILITY 11-3F-3: PROCESS 11-3F-4: STANDARDS 11-3F-5: REQUIRED FINDINGS 11-3F-1: PURPOSE: The regulations of this Article are intended to provide better circulation and safety within commercial, industrial, mew, and multifamily developments by establishing a clear emergency vehicle travel lane and private street name addressing for properties that do not have internal public roads. It is not the intent to approve private streets for single-family, duplex andlor townhouse developments other than those that create a common mew through the site design. The applicability may be extended where the Director or Fire Marshal determines that private streets will enhance the safety of the development. The Fire Marshal may require designation of a private street within existing developments where it is in the best interest of the public safety and health to be able to better locate a given property in the event of an emergency. 11-3F-2: APPLICABILITY: The provisions of this section shall apply to any properties that do not have frontage on a public street or where frontage is not required. 11-3F-3: PROCESS: A. An application and fees, in accord with Chapter 5 administration of this Title, shall be submitted to the Director on forms provided by the Planning Department. B Upon tentative approval of the application by the Director subject to any applicable conditions of approval and the regulations of Chapter 5 administration of this Title, the applicant or owner shall have one (1) year to complete the following tasks: 1. Obtain approval from the Ada County Street Name Committee for a private street name(s); 2. Contact the Transportation Authority (ACHD) to install an approved street name sign that complies with the regulations of the Ada County Uniform Street Name Ordinance; Chapter 3 Article F. PRIVATE STREET REQUIREMENTS 3. Create a perpetual ingress/egress easement or a single platted lot for the private street to all applicable properties; and 4. The applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. 5. Upon completion of the items noted above, the Director shall issue a letter stating that the private street has been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 11-3F-4: STANDARDS: All private streets shall be designed and constructed to the following standards. A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall prOVide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4, Gates: Gates or other obstacles shall not be allowed. B, Construction standards: a. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. Chapter 3 Article F. PRIVATE STREET REQUIREMENTS b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: A five-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 2. Alternative compliance: Upon recommendation of the City Engineer and Fire Marshall, the Director may approve, or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Article and shall not be detrimental to the public health, safety, and welfare. 11-3F-5: REQUIRED FINDINGS: In order to approve the application, the Director shall find the following: A. The design of the private street meets the requirements of this Article; 8, Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and C. The use and location of the private street shall not conflict with the Comprehensive Plan andlor the regional transportation plan. Chapter 3 Article F. PRIVATE STREET REQUIREMENTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS ARTICLE G. SECTIONS: 11-3G-1 : PURPOSE 11-3G-2: APPLICABILITY 11-3G-3: STANDARDS 11-3G-1 : PURPOSE: A. The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. B. The regulations are intended to establish minimum standards for common open space and site amenities, and requirements for the long-term maintenance of these areas. 11-3G-2: APPLICABILITY: The standards for common open space and site amenities shall apply to all new single-family, townhouse, two-family duplex, and multifamily developments of five (5) acres or more. 11-3G-3: STANDARDS: A. Open space and site amenity requirement 1. The total land area of all common open space shall equal or exceed five percent (5%) of the gross land area of the development. 2. One (1) additional site amenity shall be required for each additional twenty (20) acres of development area. B. Qualified open space: The following may qualify to meet the common open space requirements: 1, Any open space that is active or passive in its intended use, and accessible by all residents of the development, including but not limited to: a. Open grassy area of at least fifty feet (50') by one hundred feet (100') in area; b. Community garden; c. Ponds or water features; or Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS d. Plaza 2. Additions to a public park or other public open space area. 3. The buffer area along collector streets may be included in required common open space for residential subdivisions. 4. A street buffer with a minimum of ten feet (10') in width and street trees planted in accord with Section 11-3B-7 LANDSCAPE BUFFERS ALONG STREETS of this Title may count up to fifty percent (50%) of the requirement. 5. Parkways along local residential streets that meet all the following standards may count toward the common open space requirement: a. The parkway is a minimum of eight feet (8') in width from street curb to edge of sidewalk. b. The parkway is planted with street trees in accord with Section 11-3B- 7.C.8 and Section 11-3B-7.C.9 LANDSCAPE BUFFERS ALONG STREETS of this Title. c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be a minimum area of twenty six feet (26') by the width of the parkway, 6. Parkways along collector and arterials that are a minimum of ten feet (10') in width from street curb to sidewalk can be counted toward the open space requirement. 7. Storm water detention facilities when designed in accord with Section 11- 3B-11 STORMWATER INTEGRATION of this Title. C. Qualified site amenities: Qualified site amenities shall include, but not be limited to, the following: 1. Quality of life amenities: a. Clubhouse; b. Fitness facilities; c. Enclosed bike storage; d. Public art; Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS e. Picnic area; or Additional five percent (5%) open space, 2. Recreation amenities a. Swimming pool; b. Children's play structures; or c. Sports courts. 3. Pedestrian or bicycle circulation system amenities meeting the following requirements: a. The system is not required sidewalks adjacent to public right-of-way; b. The system connects to existing or planned pedestrian or bicycle routes outside the development, as designated in the Meridian Parks Department Pathway Plan; and c. The system is designed and constructed in accord with standards set forth by the Meridian Parks Commission. 4. Provision of transit stops, park-and-ride facilities or other multimodal facilities to encourage alternative automobile transportation. D. Location: 1. The common open spaces and site amenities shall be located on a common lot or an area with a common maintenance agreement. 2. Common open space shall be grouped contiguously with open space from adjacent developments whenever feasible. E. Required improvements and landscaping: 1. Common open space shall be suitably improved for its intended use, except that natural features such as wetlands, rock outcroppings, ponds, creeks, etc. may be left unimproved. 2. At a minimum, common open space areas shall include one (1) deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. F. Maintenance: Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS 1. All common open space and site amenities shall be the responsibility of an owners association for the purpose of maintaining the common area and improvements thereon; or 2. Land designated as common open space may be conveyed to the City, where the Parks Department agrees to accept conveyance. Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS ARTICLE H. SECTIONS: 11-3H-1: PURPOSE 11-3H-2: APPLICABILITY 11-3H-3: PROCESS 11-3H-4: STANDARDS 11-3H-5: REQUIRED FINDINGS 11-3H-1: PURPOSE: The regulations of this Article are intended to achieve three purposes: 1) limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public, 2) to preserve right-of-way for future highway expansions, and 3) design new residential development along state highways to mitigate noise impacts associated with such roadways. 11-3H-2: APPLICABILITY: The following standards shall apply to all development along state highways, including but not limited to State Highway 69, State Highway 55, State Highway 20-26, and Interstate 84. The following standards shall also apply to development along McDermott Road from Chinden Boulevard to Interstate 84 as the City of Meridian's preferred location for a future highway right- of-way for the State Highway 16 extension. If the Idaho Transportation Department (ITD) determines an alternate location for the State Highway 16 extension, these standards shall apply to the ITD determined location. 11-3H-3: PROCESS: Staff shall review all development applications for compliance with these standards. The decision making body may consider and apply modifications to the standards of this section upon specific recommendation of the Idaho Transportation Department. 11-3H-4: STANDARDS: A. Access to 1-84 and McDermott Road (or future Highway 16 extension): no access shall be allowed except at specific interchange locations as established by the Idaho Transportation Department. B. Access to State Highway 69, State Highway 55, and State Highway 20-26: 1. Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: a. The existing use is lawful and properly permitted effective September 15, 2005. Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS b, The nature of the use does not change (for example a residential use to a commercial use). c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). 2. If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. a, No new approaches directly accessing a state highway shall be allowed. b. Public street connections to the state highway shall only be allowed at: the section line road; and ii. the half-mile mark between section line roads. These half-mile connecting streets shall be collector roads. 3. The applicant shall construct a street, generally paralleling the state high, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road andlor half mile collector road. The intent is to provide for future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half-mile collector road, The street shall be designed to collect and distribute traffic. a. The applicant shall be responsible to construct the segment of the street within the applicant's property. This standard is not intended to require off-site improvements. b. The street shall meet the road standards of the Ada County Highway District. c. The street shall connect to the section line road at a distance that is no closer than 660 (as measured from center line to center line) from the intersection with the state highway. d. The street shall provide buildable lots between the highway and the collector road. For the purposes of this Article, such streets shall be termed backage roads. Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS e. Frontage streets or private streets may be considered by the Council at the time of property annexation or through the conditional use process. Frontage streets and private streets shall be limited to areas where there is sufficient access to surrounding properties and a public street is not desirable in that location. C. Design and construction standards for state highways: 1. The applicant shall have an approved permit from the Idaho Transportation Department for construction of any access to the state highway and/or any construction done in the highway right of way. 2. The width of right-of-way reservations shall be as set forth by the lTD. 3. Along State Highway 55, the applicant shall be responsible for constructing a ten-foot (10') multiuse pathway with a public use easement and installing streetlights and landscaping consistent with the Eagle Road Corridor Study. 4. Along Highway 69, the applicant shall be responsible for constructing a ten-foot (10') multi-use pathway with a public use easement. D. Noise abatement for residential uses along state highways: 1. The applicant shall provide traffic noise abatement by constructing a berm or a berm and wall combination approximately parallel to the state highway. 2. The top of the berm or berm and wall in combination shall be a minimum of ten feet (10') higher than the elevation at the centerline of the state highway. 3. If a wall is proposed, the wall shall meet the following standards: a. Wall materials shall be impervious concrete or stucco or other appropriate sound attenuating material. b. Intermittent breaks in the berm or berm and wall in combination will degrade the function and shall not be allowed. c. The applicant shall not construct a monotonous wall. In order to achieve this standard, the applicant may choose one or both of the following variations: The color andlor texture of the wall shall be varied every 300 linear feet. This could include murals or artwork. Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS ii. The wall shall be staggered every 300 linear feet subject to Section 11-3H-4D4 above that prohibits breaks in the wall. 4. The Director may approve alternative compliance as set forth in Chapter 5 ADMINISTRATION of this Title where the applicant has a substitute noise abatement proposal in accord with lTD standards and prepared by a qualified sound engineer. Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS 8/29/05 CHAPTER 4 SPECIFIC USE STANDARDS SECTIONS: 11-4-1 : 11-4-2: 11-4-3: PURPOSE APPLICABILITY SPECIFIC USE STANDARDS 11-4-1: PURPOSE: This Chapter provides specific standards for all uses as set forth within the applicable district in accord with Chapter 2 DISTRICT REGULATIONS of this Title. 11-4-2: APPLICABILITY: These regulations apply to any property where the specific use is listed as a permitted, accessory, or conditional use in the Table of Allowed Uses by District in accord with Chapter 2 DISTRICT REGULATIONS of this Title. 11-4-3: SPECIFIC USE STANDARDS: These standards are in addition to the requirements of Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title. 11-4-3.1 : ANIMAL CARE FACILITY: A. All animals shall be indoors at all times. B. The facility owner andlor operator shall comply with all State and local regulations relative to such a facility and shall maintain housekeeping practices designed to prevent the creation of a nuisance and to reduce noise and odor to a minimum. 11-4-3.2: ARTS, ENTERTAINMENT OR RECREATION FACILITY, INDOORS AND OUTDOORS: A General Standards 1. All structures or outdoor recreation areas shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard, 2, No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of 6 a.m. and 11 p.m. 3. Accessory uses include, but are not limited to: retail, equipment rental, restaurant and drinking establishments may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with the Section 11-3A-13 OUTDOOR SPEAKER SYSTEMS of this Title, Chapter 4 SPECIFIC USE STANDARDS 8/29/05 B. Additional Standards for swimming pool: Any outdoor swimming pool shall be completely enclosed within a 6-foot non-scalable fence that meets the requirements of the Building Code in accord with Title 10, Chapter 1, of the Meridian City Code. C. Additional standards for outdoor stage or musical venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet (1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. 11-4-3.3: ARTIST STUDIO: A. All production, fabrication and assembly of materials shall be conducted within a completely enclosed structure if adjoining a residence or a residential district. B. If in an industrial district, accessory retail sales shall be limited to a floor area not exceeding twenty-five percent (25%) of the total enclosed area of the use. Goods sold shall be only those produced on the site or complementary products. 11-4-3.4: BUILDING MATERIAL, GARDEN EQUIPMENT AND SUPPLIES: A. Outdoor storage areas for materials (excluding growing plants in-ground or in- containers), and mechanical equipment shall comply with Section 11-3A-12 outdoor service and equipment areas of this Title. B. Outdoor speaker systems shall comply with the Section 11-3A-13 outdoor speaker systems of this Title. 11-4-3.5: CEMETERY: Graves and monuments shall not be located within fifteen feet (15') from any property line. 11-4-3.6: CHURCH OR PLACE OF RELIGIOUS WORSHIP: Schools, child day care services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district. 11-4-3.7: CIVIC, SOCIAL OR FRATERNAL ORGANIZATIONS: A. No outdoor event or activity center associated with the use shall be located within fifty feet (50') of any property line. B. Accessory sales and or distribution of beer and wine shall be allowed. 11-4-3.8: CONTRACTOR'S YARD: A. All structures or outdoor storage areas shall be located a minimum of one hundred feet (100') from any residential district. Chapter 4 SPECIFIC USE STANDARDS 8/29/05 B. Outdoor storage areas shall comply with Section 11-3A~ 14 outdoor storage of this Title. C. The site shall not be used as a junkyard or vehicle wrecking yard as herein defined. 11-4-3.9: DAY CARE FACILITY: A. General standards for all child day care and adult care uses, including the classifications of day care center; day care, family; and day care, group: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare-Family and Children's Services Division. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11 :00 p.m. This standard may be modified through approval of a Conditional Use Permit. B. Additional standards for day care facilities that serve children: 1. All outdoor play areas shaH be completely enclosed by minimum six-foot (6') non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 7 of the Meridian City Municipal Code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. 11-4-3.10: DRINKING ESTABLISHMENT: A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. Chapter 4 SPECIFIC USE STANDARDS 8/29/05 B. The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or education service. Nor shall the drinking establishment be located within one thousand feet (1,000') of an adult entertainment establishment. C. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3 Article E. temporary use requirements of this Title. 11-4-3. 11 : DRIVE-THROUGH EST ABLlSHM ENT: A. A drive-through establishment shall be an accessory use where the drive- through facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is not within three hundred feet (300') of another drive- through facility or a residential district or an existing residence. Otherwise a Conditional Use Permit is required. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the Conditional Use Permit. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons; 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; 4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane, 5. A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. D. The applicant shall provide a six-foot (6') sight-obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. 11-4-3.12: DWELLING, SECONDARY: A. One secondary dwelling unit is permitted on the same property in conjunction with and clearly subordinate to a single-family dwelling. Chapter 4 SPECIFIC USE STANDARDS 8/29/05 B. Owner occupancy: To create and maintain a secondary dwelling unit, the property owner shall reside on the property for more than six (6) months in any twelve- (12) month period. The applicant for a secondary dwelling unit shall demonstrate that either the single-family dwelling or the secondary unit is occupied by the owner of the property. Owner occupancy is demonstrated by title records, vehicle registration, voter registration or other similar means. Secondary dwelling units shall not be subdivided or otherwise segregated in ownership from the single-family dwelling unit. C. Maximum size: Secondary dwelling units shall be limited to a maximum of seven hundred (700) square feet in size. D. Location: The secondary dwelling unit may be located within or attached to the primary dwelling as a detached structure; or above a detached structure, such as a garage. Detached secondary dwelling units shall be located to the side or rear of a primary dwelling. No portion of the secondary dwelling unit shall be located in front of the primary dwelling unit. E. Parking: At least one (1) parking space shall be provided on-site for the accessory dwelling unit in addition to the required parking for the existing residential unit. The conversion of a covered parking area (garage/carport) into a secondary dwelling unit is not allowed unless the required covered parking can be provided elsewhere on site. F. Entrance: Only one (1) entrance door of either the single-family dwelling or the secondary dwelling unit shall be located facing anyone street. G. Design: The secondary unit shall be consistent in design with the single family dwelling, including roof pitch, siding, color, materials, and window treatments. H. Prohibitions: Manufactured and mobile homes, and recreation vehicles shall be prohibited for use as a secondary dwelling unit. Number of occupants: The total number of occupants in both the single-family dwelling and the secondary dwelling shall not exceed the maximum number established for a family, as defined in Chapter 1, Article A. definitions of this Title. 11-4-3.13: DWELLING, SINGLE FAMILY: Only one single family dwelling shall be allowed per property. Chapter 4 SPECIFIC USE STANDARDS 8/29/05 11-4-3.14: EDUCATION INSTITUTION: A Accessory uses: Accessory uses including, but not limited to, day care facilities, special events, community services, social services, meeting facilities for clubs and organizations, and school administration may be allowed. B. Location criteria for elementary schools: Elementary schools should be located within the center of neighborhoods with access encouraged from local streets. Elementary school locations adjacent to public parks or open space are encouraged, At least thirty percent (30%) of the perimeter of an elementary school site should be open to streets or open space areas. C. Location criteria for middle schools and high schools: Middle and high schools may take access off a designated arterial or collector street. D, An education institution with less than one hundred and fifty (150) students or located within the TN-R District may be exempt from the requirements for open space, landscaping, parking and drop off areas. E. A Conditional Use Permit shall be required for any education institution in which any of the following circumstances exist: 1. The education institution is in excess of 250,000 square feet within a residential district; 2. The education institution includes lighted fields adjoining or within a residential district; 3, The education institution will generate in excess of 1,500 vehicular trips per day; 4. The education institution takes access from a collector or an arterial street and there is not a safe separate pedestrian and bikeway access between the neighborhood and the school site. F. Portable classrooms that are not indicated on an approved conditional use or certificate of zoning compliance shall require administrative approval. If the proposed use cannot meet all of the following specific use standards, the use shall require conditional use approval. 1. The portable classroom shall not be located in the front yard of the principal school structure. 2. The portable classroom shall not be located in any required yard. 3. The placement of the portable classroom shall not reduce the number of required off-street parking spaces. Chapter 4 SPECIFIC USE STANDARDS 8/29/05 4, The portable structures shall comply with Building Code in accord with Title 7 of the Meridian City Municipal Code. G. Additional standards for education institution, private: The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho State Department of Education. H. Additional standards for Vocational or Trade Schools: The applicant shall provide written documentation that the school will have a major curriculum relating to technological industrial research and processes. 11-4-3.15: EQUIPMENT RENTAL, SALES AND SERVICE: All repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure, 11-4-3.16: ENTERTAINMENT ESTABLISHMENT, ADULT: A. Separations. In recognition of Idaho Code, the following distance separations shall be required: 1. No adult entertainment establishment shall be allowed within one thousand feet (1,000) of the following: a. an existing adult entertainment establishment; b. a church or place of religious worship, c. any youth organization, school, or school bus stop, and d. any residential district boundary. 2. The applicant shall provide evidence certified by a professional land surveyor licensed in the State of Idaho that the proposed adult entertainment establishment conforms to the separation requirements of this Subsection. B. Signs. 1. All adult entertainment establishments shall comply with the regulations of Chapter 4, Article I of this Title. Further, signs for adult entertainment establishments shall not contain any emphasis, either by movement, picture, or otherwise, on matter relating to adult entertainment as herein defined. Chapter 4 SPECIFIC USE STANDARDS 8/29/05 2. Any business providing adult entertainment or adult material shall have in place at each entrance to such business a legible door sign (as defined herein) stating "Persons under 18 years of age not permitted." The sign shall be no less than 0.5 square feet and no greater than one (1) square foot in area. Such sign shall not require administrative approval in accord with Chapter 4, Article I, Signs. C. The applicant shall obtain and/or maintain a license in accord with Title 3, Chapter 10 of the Meridian City Code. 11-4-3. 1 7: FINANCIAL INSTITUTION: A. The location, access and safety features of all automated teller machines (ATM's) shall be subject to review and approval by the Meridian Police Department, and in accord with the standards set forth in Sections 11-3A-11 of this Title. B. All A TMs shall be deemed an accessory use to a financial institution. 11-4-3.18: FLEX SPACE: Retail use shall not exceed twenty five percent (25%) of leasable area in any tenant space. 11-4-3. 19: FOOD PRODUCTS PROCESSING: A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of six hundred feet (600') from any abutting residential districts. B. Food processing shall be located a minimum of one thousand feet (1,000') from any hospital, C. The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the U. S. Environmental Protection Agency, the U. S. Department of Agriculture, Idaho Department of Environmental Quality (DEQ), Idaho Department of Agriculture, Idaho Department of Water Resources, and Central District Health Department. 11-4-3.20: FUEL SALES FACILITY AND FUEL SALES FACILITY, TRUCK STOP: A. General standards: 1. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty-five percent (25%) of the subject property. 2. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). Chapter 4 SPECIFIC USE STANDARDS 8/29/05 3. Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. 4. If the use is unattended, the standards in accord with Section 11-3A-11 of this Title shall also apply. B. Additional standards for fuel sales facility, truck stop: 1. The use shall be located on a principal arterial or near an interstate interchange. 2. The use shall be located a minimum of six hundred feet (600') from any residential district and a minimum of one thousand feet (1,000') from any hospital. 11-4-3.21: HOME OCCUPATION: The following standards apply to all home occupation uses with the exception that strict adherence to the standards contained in sections 11-4-3.218, 11-4-3.21C, 11-4-3.21E, and 11-4-3.21F in the TN-C and TN-R Districts is not required: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. 8. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce the required off-street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. The home occupation shall not involve the use of more than one (1) commercial vehicle. E. The home occupation shall not have more than two (2) out-going pickups per day from a common carrier. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. G. The home occupation shall not serve as a headquarters or main office where Chapter 4 SPECIFIC USE STANDARDS 8/29/05 employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale of: a) services or items produced or fabricated on the premises as a result of the home occupation; or b) products related to the home occupation. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. J. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. 11-4-3.22: HOSPITAL: A. If the hospital provides emergency care, the location shall have direct access on an arterial street B. Accessory retail uses including but not limited to, retail shops, food or beverage service, and personal service shops, may be allowed if designed to serve patrons of the hospital and their visitors only. C. No hospital shall be located within one thousand feet (1,000') of the following uses: explosive manufacturing or storage, flammable substance storage, foundry, freight and truck terminal, manufacture or processing of hazardous chemicals, power plant, food product storage and processing plant. 11-4-3.23: HOTEL OR MOTEL: A. Accessory uses including but not limited to restaurants, retail, drinking establishments, and personal services, may be allowed if such uses are completely within the hotel or motel structure. A drinking establishment shall require separate or concurrent approval subject to the regulations of Section 11- 4-3.10 of this Title. B, A Conditional Use Permit shall be required for any hotel or motel use that adjoins a residential district or an existing residence. 11-4-3.24: INDUSTRY, INFORMATION: A. The following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation: 1. Noise, odor, or vibrations; or direct or reflected glare detectable by the human senses without the aid of instruments. 2. Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceed health and safety standards. 10 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 B. The application materials shall include written statement that the proposed facility meets any applicable federal, state, or local standards regarding such use, including but not limited to, those of the U.S. Environmental Protection Agency, the U. S. Department of Agriculture, Central District Health Department, Ada County Air Quality Board and Idaho Department of Water Resources. 11-4~3.25: INDUSTRY, LIGHT AND HEAVY: A All mechanical equipment emissions; shipping and/or delivery; or other outdoor activity areas shall be located a minimum of three hundred feet (300') from any abutting residential districts, or the use is subject to a Conditional Use Permit. 8. The application shall identify how the proposed use will address the impacts of noise and other emissions on adjoining residential districts. More specifically, the following adverse effects shall be mitigated through setbacks, buffers, sound attenuation andlor hours of operation: 1. Noise, odor, or vibrations; or direct or reflected glare detectable by the human senses without the aid of instruments. 2. Radioactivity and electric or electromagnetic disturbances that unduly interfere with the normal operation of equipment, instruments, or appliances on abutting properties. 3. Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceeds health and safety standards. 4. In the event that the Director determines that the applicant cannot adequately address such impacts, the use shall be subject to conditional use approval. C. Additional standards for industry, heavy: The use shall be located a minimum of one thousand feet (1,000') from a hospital. D. The application materials shall include written statement that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to those of the U.S. Environmental Protection Agency, the U. S. Department of Agriculture, Central District Health Department, the Ada County Air Quality Board and Idaho Department of Water Resources. 11-4-3.26: LAUNDROMAT: The hours of operation shall be limited to between 6:00 a.m. and 11 :00 p.m. in the C-N and L-Q Districts. If unattended, the use shall meet the requirements of section 11-3A-11 SELF-SERVICE USES. 11-4-3.27: MULTIFAMILY DEVELOPMENT: Multifamily developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this section. 11 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 A. Purpose: 1. To create multifamily housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multifamily development that enhance the visual character of the community. 3. To create building and site design in multifamily development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. B. Site design 1. Setbacks: Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this Title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties 2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. 3. A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. 4. For the purposes of this Section, vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. 5. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. 6. The parking shall meet the requirements set forth in Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title. 7. Developments with twenty (20) units or more shall provide the following: a. A property management office. b. A maintenance storage area. 12 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. C. Common open space design requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty (150) square feet for each unit containing five hundred (500) or less square feet of living area. b. Two hundred fifty (250) square feet for each unit containing more that five hundred (500) square feet and up to one thousand two hundred (1,200) square feet of living area. C. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area. 2. Common open space shall be not less than four hundred (400) square feet in area, and shall have a minimum length and width dimension of twenty feet (20'). 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. 4. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least four feet (4') in height. D. Site development amenities: 1. All multifamily developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life i. Clubhouse ii. Fitness facilities iii. Enclosed bike storage iv. Public art such as a statue 13 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 b. Open space Open grassy area of at least fifty (50) by one hundred (100) feet in size ii. Community garden Hi. Ponds or water features iv. Plaza c. Recreation i. Pool ii. Walking trails iii. Children's play structures iv. Sports courts 2. The number of amenities shall depend on the size of multifamily development as follows: a. For multifamily developments with less than twenty (20) units, two (2) amenities shall be provided from two separate categories. b. For multifamily development between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided, with one (1) from each category. c. For multifamily development with seventy-five (75) units or more, four (4) amenities shall be provided, with at least one (1) from each category. d, For multifamily developments with more that one hundred (100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under subsection 0, provided that these improvements provide a similar level of amenity. 14 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 E. Architectural character 1. All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two (2) feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet (2') and minimum area of twenty-five (25) square feet. 2. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. 3. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. 4. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch, Flat roofs should include distinctive cornice treatments. 5. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. 6. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. 7. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. F. Landscaping requirements 1. Development shall meet the minimum landscaping requirements in accord with Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title. 2. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three (3) feet wide. b. For every three (3) lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four (24) inches shall be planted. 15 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 c. Groundcover plants shall be planted in the remainder of the landscaped area. G. All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. 11-4-3.28: NURSERY OR URBAN FARM: A. Sales of agricultural products or live plant material shall be incidental to agricultural production and shaH be limited to what is grown on the property. B. For new uses, the property used for nursery or urban farm shall be five (5) acres or less. For annexation of existing nursery or urban farm use, the property may be larger. 11-4-3.29: NURSING OR RESIDENTIAL CARE FACILITIES: A. General standards: 1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the Building Code in accord with Title 7 of the Meridian City Municipal Code, 2. The owner and/or operator of the facility shall secure and maintain a license from the State of Idaho Department of Health and Welfare-Facility Standards Division B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: 1. All outdoor play areas shall be completely enclosed by a minimum six-foot (6') non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 7 of the Meridian City Municipal Code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. 16 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: A barrier with a minimum height of six feet (6'), along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 7 of the Meridian City Municipal Code. 11-4-3.30: PUBLIC OR QUASI-PUBLIC USE: A. Public recreation and community centers: the use shall meet the standards in accord with Section 11-3-3.3 arts, entertainment or recreation facility, of this Article. B. Public or quasi-public office: the use shall meet the standards for office use in accord with the district in which the use is located. 11-4-3.31 : PUBLIC UTILITY, MAJOR; AND PUBLIC INFRASTRUCTURE: A Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed. B. Installation of underground fuel tanks shall require written approval from the Idaho Division of Environmental Quality, Idaho Department of Water Resources, and the appropriate Fire Authority. C. No portion of the outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined, D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks. E. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. 11-4-3.32: RECYCLING CENTER; AND SOLID WASTE TRANSFER STATION: A. The site shall be screened from the street(s) by a screen composed of a masonry or concrete wall planted on the exterior side with a vegetative screen. The screen shall be of sufficient height so that no storage containers shall be visible above the required screening. B. All grounds and facilities shall be maintained in an orderly manner so as not to create a public nuisance. 17 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 C. All mechanical equipment emissions; power-driven processing (including, but not limited to, aluminum foil and can compacting, baling, plastic shredding, or other processing activities necessary for efficient temporary storage and shipment of materials); andlor other outdoor activity areas shaH be located a minimum of three hundred feet (300') from any abutting residential districts. If the use does not meet the minimum setback, or in the opinion of Director there are questions regarding the adequacy of the mitigation of noise, emissions and lor blowing debris from the site, the use shall be subject to a Conditional Use Permit. D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks. E. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. F. Additional standards for recycling centers: 1. Any container provided for after-hours donation of recyclable materials shall be a minimum of fifty feet (50') from any abutting residential district, shall be of sturdy, rustproof construction, and shall have sufficient capacity to accommodate materials collected. 2. Except for after-hours donation containers, no unsorted material shall be stored outside. 11-4-3.33: STORAGE FACILITY, OUTSIDE: A. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. B. The site shall not be used as vehicle wrecking or junkyard as herein defined. C. Additional standards for outside storage as an accessory use. Accessory outside storage shall be allowed for approved uses subject to the following standards: 1. Outside storage of materials for commercial or industrial uses shall be limited to those items owned or used by the business. 2. Outside storage of materials for a residential development or recreational vehicle park shall be only for recreational vehicles or personal recreation items of the owners and/or tenants. 3. Outside storage of materials for individual residential properties shall be screened with a six-foot (6') site-obscuring fence. D. For any use requiring the storage of fuel or hazardous material, the use shall be 18 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 located a minimum of one thousand feet (1,000') from a hospital. 11-4-3.34: STORAGE FACILITY, SELFMSERVICE: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Section 11-3E temporary use requirements of this Title. C. The distance between structures shall be a minimum of twenty-five feet (25'). D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. E. If abutting a residential district, the facility hours of public operation shall be limited to 6:00 a.m. to 11 :00 p.m. F. No structure, facility, drive lane, parking area, nor loading area shall be located adjacent to a residential district without a sound attenuation wall. G. If the applicant provides a sound attenuation wall, landscaping buffers may be reduced to ten feet (10'). H. If the use is unattended, the standards in accord with Section 11-3A-16 self service uses of this Title shall also apply. The facility shall have a second means of access for emergency purposes. J. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. K. The site shall not be used as vehicle wrecking or junkyard as herein defined. L. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. 19 Chapter 4 SPECIFIC USE STANDARDS 8/29105 11-4-3.36: TERMINAL, FREIGHT OR TRUCK: A. The use shall be located with direct access on a principal arterial or near an interstate interchange, and with no access through residential streets. B. No outdoor activity area shall be located within three hundred feet (300') from any residential district. C, The use shall be located a minimum of one thousand feet (1,000') from any hospital. D. Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed. E. Installation of underground fuel tanks shall require written approval from the Idaho Division of Environmental Quality, Idaho Department of Water Resources, and the Meridian City Fire Department. 11-4-3.37: VEHICLE IMPOUND YARD: A. Outside storage and outside activity areas shall comply with Section 11-3A- 140utdoor storage of this Title. The closed vision fence or wall and screening materials shall be a minimum of ten feet (10) in height. B. No portion of the vehicle impound yard, outside storage areas andlor outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined. C. All materials or parts shall be stored and located within the closed vision fence or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall. D. The use shall not constitute a junkyard as herein defined. 11-4-3.38: VEHICLE REPAIR, MAJOR AND MINOR: A. Where adjoining a residential property or district, all repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from street. 20 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 11-4-3.39: VEHICLE SALES OR RENTAL: A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor in the district where the use is located. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street. C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in Chapter 3 Article B. landscaping requirements of this Title. D. In addition to Chapter 3 Article B. landscaping requirements of this Title, one (1) square foot of landscaping for every fifty (50) square feet of vehicle display area, and one (1) tree for every two hundred (200) square feet of parking area shall be provided. 11-4-3.40: VEHICLE WASHING FACILITY: A A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. 4. A letter from the Transportation Authority indicating the site plan is in compliance with the highway district standards and policies shall be required. B. Within the industrial districts, a vehicle washing facility shall be allowed only as an accessory use to a gasoline or diesel fuel sales facility for use by non- passenger vehicles. The vehicle washing facility shall be limited in capacity to a single vehicle. The intent is to discourage facilities that cater to passenger vehicles. C. Any use that is not fully enclosed shall be located a minimum one hundred feet (100') from any abutting residential district, and shall be limited in operating hours from 6:00 a.m. to 11 :00 p.m. D. If the use is unattended, the standards set forth in Section 11-3A-18 of this Title shall also apply. 21 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 11-4-3.41: VEHICLE WRECKING OR JUNKYARD: A. Outside storage and outside activity areas shall comply with Section 11-3A-14 outdoor storage of this Title. The fence or wall and screening materials shall be a minimum of ten feet (10) in height. B. No portion of the vehicle impound yard, outside storage areas andlor outside activity areas may be visible from any highway, interstate, principal arterial, or minor arterial. C. All materials or parts shall be stored and located within a closed vision fence or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall. D. All structures or outside activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district. E. An area for processing vehicles as they are brought to the site shall be designated on a site plan. The processing area shall be an impermeable surface that has a means to collect and properly dispose of oils and fluids in the vehicles. F. The applicant shall obtain all necessary permits for the storage of materials on the site, including, but not limited to, oil, hazardous waste, and tires. G. No person shall establish, operate, or maintain a vehicle wrecking yard, any portion of which is within one thousand feet (1,000') of the nearest edge of the right-of-way and visible from any highway, interstate, principal arterial, or minor arterial as herein defined. See Idaho Code ~40-313. 11-4-3.42: VERTICALLY INTEGRATED RESIDENTIAL PROJECT: A. A vertically integrated residential project shall be a structure that contains at least two (2) stories. B. A minimum of twenty five percent (25%) of the gross floor area of a vertically integrated project shall be residential dwelling units, including outdoor patio space on the same floor as a residential unit. C. The minimum building footprint for a detached vertically integrated residential project shall be twenty-four hundred (2,400) square feet. 22 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 D. The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; day care facility; drinking establishment; Education Institution; financial institution; health care or social assistance; industry, craftsman; laundromat; nursing or residential care facility; personal or professional service; public or quasi-public use; restaurant; or retail; or other uses that may be considered through the Conditional Use Permit process, E. None of the required parking shall be located in the front of the structure. 11-4-3.43: WAREHOUSE: A. Accessory uses allowed: office not to exceed twenty five percent (25%) and retail sales not to exceed ten percent (10%) of the total enclosed area of the use. B. Outside activity areas shall be located a minimum of three hundred feet (300') from any property line adjoining a residence or a residential district 11-4-3.44: WIRELESS COMMUNICATION FACILITY: A. Purpose: The purpose of this section is to accommodate the communications needs of its residents and businesses while at the same time protecting the safety, aesthetic appeal and general welfare of the community. Furthermore, it is the purpose of this section to regulate the impact of communications towers within the city limits and to provide for the needs of the public and businesses for wireless communications. The intent of this section is to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City of Meridian; 2. Minimize the adverse visual effects of communications towers and other similar structures through careful design standards; 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements; and 4. Require the co-location of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the city. B. Applicability: The following provisions shall apply to any construction, installation, addition to or increase in the height of any wireless communications tower. 23 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 C. Process: 1. Amateur radio antennae that meet the standards as set forth in Section 11-4- 3.44.F shall require accessory use approval. 2. Co-location of new equipment on an existing tower shall require a Certificate of Zoning Compliance prior to installation. 3. Stealth towers and/or new antennae that meet the standards as set forth in Chapter 5 Article B. SPECIFIC PROVISIONS shall require a Certificate of Zoning Compliance prior to installation. 4. Wireless communication facilities in an industrial district shall require a Certificate of Zoning Compliance prior to installation. 5. All other wireless communication facilities shall require conditional use approval. D. Required documentation: The applicant shall provide the following documentation with the request for approval of a wireless communication facility: 1. Documentation from a qualified and licensed engineer showing that the proposed facility will be in compliance with the FCC standards regarding radio frequency (RF) emissions. 2. A report from a qualified and licensed structural engineer that describes the tower height and design. The report shall include the following: a cross section of the tower, elevations that document the height above grade for all potential mounting positions for colocated antennae, and the minimum separation distances between antennae. The report must also include a description of the tower's capacity regarding the number and type of antennae that it can accommodate and what precautions the applicant will take to avoid interference with established public safety telecommunications. This report must be stamped by the structural engineer and include other information necessary to evaluate the request. 3. For all wireless communication facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 4. A statement regarding compliance with regulations administered and enforced by the Federal Aviation Administration (FAA). 5. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. 24 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 6. A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. The analysis shall include, but is not limited to, the following: a. Description of the surrounding area, including topography; b. Natural and manmade impediments, if any, that would obstruct adequate wireless telephone transmissions; c. Physical site constraints, if any, that would preclude construction of a wireless communications facility on any other site; d, Technical limitations of the system that limit siting options. E. Amateur radio antenna standards: Pursuant to the FCC's preemptive ruling PRB 1, towers supporting amateur radio antennae (Le" HAM radio antennae) of less than thirty-five feet (35') in height are permitted, antennae with a height in excess of thirty-five feet (35') shall require a Conditional Use Permit. No towers or antennae shall be placed within the front, side or street side yard. F. Stealth tower standards: 1. The facility shall be hidden or camouflaged. 2. The facility shall not exceed the height limitation of the district in which it is located. G. Antennae standards: 1. The antennae shall be less than four (4) square feet in area and mounted to: a. New poles (not streetlights). b. Existing poles or streetlights. c. Buildings. d. Towers. e. New streetlights in existing neighborhoods shall only be allowed with approval of the Public Works Director. The Public Works Director shall determine if the benefit derived from the new streetlight is greater than the maintenance and increased utility fees associated with the streetlight. 2. The facility shall not exceed the height limitation of the district in which it is located. 25 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 3. Where the applicant does not own the supporting structure, antennae attached to support structures shall be allowed only after securing a license agreement with the owner and other responsible parties, as applicable. 4. Streetlights or poles with attached antennae shall be separated by a minimum of five hundred feet (500'). 5. Antennae attached to streetlights shall be painted to match the streetlights and shall be attached only to Meridian standard streetlights (not on ornamental fixtures ), H. Design Standards: All new communications towers shall meet the following minimum design standards: 1. Towers and antennae shall be required to blend into the surrounding environment by paint or other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration. All metal shall be corrosive-resistant or treated to prevent corrosion. 2. All new communication towers shall be of monopole design, unless the decision-making body determines that an alternative design (i.e., lattice, guy wire, etc.) would be appropriate because of location or necessity. 3. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right-of- way or property line. 4. The base of all towers shall be surrounded by a sight obscuring security fence, in accord with the underlying zone. 5. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet (5') wide outside the perimeter of the compound. A minimum of fifty percent (50%) of the plant material shall be of an evergreen variety. In locations of where the visual impact of the tower is minimal, the Director may waive this requirement through the alternative compliance procedure in accord with Chapter 5 ADMINISTRATION of this Title. 6. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced. 7. All lighting on the tower, other than may be required by the FAA, shall be prohibited. 8. No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. No signs or banners shall be attached to any portion of a wireless communications tower. 26 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 Setback standards: If the tower does not exceed the maximum building height allowed for the zoning of the land upon which it is to be placed, the tower shall meet the setback requirement for that zone, with the following exceptions: 1. If the property is located next to a residential district, the setback requirements shall be one hundred twenty-five percent (125%) of the height of the tower. a. If the tower exceeds the maximum height allowance for the district, the setback req uirements shall be one foot (1') for every ten feet (10') of tower height, in addition to the district's setback requirements. b. If the tower is not constructed to meet the standards set forth in the Telecommunications Industry Association/Electronic Industries Association (TIAlEIA) 222 revision F standards entitled "Structural Standards for Steel Antenna Supporting Structures" the setback requirement shall be one foot (1') for every foot in height of the tower. This shall be measured from all property lines and shall be referred to as the "fall zone," Only the accessory equipment building shall be permitted to be located within the fall zone. 2. Communication towers must be set back from all public owned right-of-way by a minimum of two (2) times the height of the tower to be installed. If this setback requirement is in conflict with any other setback requirement, the setback shall be the greater distance, 3. All communication towers shall be set back at least three (3) times the height of the tower from all principal arterial streets. J. Co-location Standards: 1. A proposal for a new commercial communication tower shall not be approved unless the decision-making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower. 2. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. One or more following pieces of documentation shall be provided as proof that the new tower is necessary: a. Unwillingness of other tower or facility owners to entertain shared use. b. The proposed co-location of an existing tower or facility would be in violation of any state or federal law. c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. 27 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 d. The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. e. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed engineer. 3. All proposed communication towers shall be designed (structurally, electrically, and in all respects) to accommodate both the applicant's antennae and comparable antennae for at least two (2) additional users if the tower is over one hundred ten feet (110') in height and for at least one (1) additional user if the tower is over fifty feet (50') in height. K. Abandoned or unused towers or portions of towers: All abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless a time extension is granted by the city council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and resubmitted upon renewal or termination. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the city and the costs of removal assessed against the real property. 28 Chapter 4 SPECIFIC USE STANDARDS 8/29/05 CHAPTER 5 ADMINISTRA nON SECTIONS: 11-5-1 : PURPOSE 11-5-2: APPLICABILITY 11-5-1: PURPOSE: The purpose of this Chapter is to set forth the roles, responsibilities and processes in the administration of permits that are authorized by this Title and consistent with Idaho Code 967-6502 et seq. as amended, 11-5-2: APPLICABILITY: A. All applications shall be administered in accord with Article A. general provisions of this Chapter. B. All applications shall be administered in accord with Article B, specific provisions of this Chapter, C, Surety agreements shall be in accord with Article C. surety agreements of this Chapter. Chapter 5 ADMINISTRATION 8/29/05 CHAPTER 5 ADMlNISTRA TION ARTICLE A. GENERAL PROVISIONS ARTICLE A. 11-5A-1 : 11-5A-2: 11-5A-3: 11-5A-4: 11-5A-5: 11-SA-6: 11-5A-7: SECTIONS: PURPOSE DUTIES AND AUTHORITY APPLICATION PROCESS ADMINISTRATIVE PROCESS PUBLIC HEARING PROCESS CITY COUNCIL REVIEW PROCESS FEES 11-5A-1: PURPOSE: The purpose of this Chapter is to set forth the roles, responsibilities, and processes in the administration of permits that are authorized by this Title consistent with Idaho Code 967-6502 et seq. as amended. 11-5A-2: DUTIES AND AUTHORITY: A. City Council: The Meridian City Council shall have the authority to set policy and legislation affecting land use and the administration of this Title. The City Council shall act on recommendations from the Planning and Zoning Commission in legislative and quasi-judicial matters and serve as a review authority on appeals of discretionary and administrative actions. (See Table 11-5A-1.) B. Planning and Zoning Commission: The Planning and Zoning Commission shall be the designated planning agency for the City. The Planning and Zoning Commission shall be responsible for final action on discretionary permits and for recommendations to the City Council on land use legislation, comprehensive plan amendments and quasi-judicial matters. In addition to the duties listed in Title 1 of the Meridian City Code, the duties of the Planning and Zoning Commission regarding implementation of this Title shall be as follows: 1. Provide for citizen meetings, hearings, surveys, or other methods to obtain advice on the planning process, Comprehensive Plan, and implementation; 2. Conduct informational meetings and consult with public officials and agencies, public utility companies, and civic, educational, professional, or other organizations; 3. Promote a public interest in and understanding of the Commission's activities; 4. Make recommendations to the Council concerning the Comprehensive Plan, planning process, or implementation of the Comprehensive Plan; and Chapter 5 Article A. GENERAL PROVISIONS 8/29/05 5. Conduct public hearings and make recommendations based on the required findings and standards to the City Council for applications in accord with Table 11-5A-1. C. Planning Department Director: The Director shall be appointed by the mayor and confirmed by a majority of the City Council as the administrative official for the Unified Development Code. The Director or his or her authorized staff shall administer and enforce this Title and fulfill all the duties imposed by law including, but not limited to: 1. The Director shall make interpretations in the enforcement and administration of this Title (See Table 11-5A-1) including, but not limited to, those in Chapter 1 GENERAL PROVISIONS of this Title and the following: a. Conduct investigations of structures and use of property as are necessary to determine compliance with the regulations of this Title; b. Order the abatement of violations of this Title and aid in prosecuting such violations; c. Withhold any Certificate of Zoning Compliances on any property where structures or uses are in violation of the Unified Development Code; and d. Enforce penalties for violations in accord with Section 11-1-11 of this Title. 2. The Director shall provide information to the public on planning, and zoning, matters. 3. The Director with the City Clerk shall receive and examine applications including, but not limited to, the following: a. With the consent of the owner, enter upon any property to make examinations and surveys; b. Maintain records of all materials and correspondence related to land use applications; c. Transmit to outside agencies and provide written notice to surrounding property owners on all Commission and Council hearings; d. Maintain records of the Commission and Council hearings and actions thereon; e. Transmit to the Commission or Council all applications related to this Title. 4. The Director shall issue Certificates of Zoning Compliance. Chapter 5 Article A. GENERAL PROVISIONS 8/29105 5. The Director shall review and act on requests for Alternative Compliance as identified in Table 11-5B-1. D. The following is a summary list of the actions that the City shall take in administration of this Title, the body responsible for the action, and reference to the process under which the action shall be taken. In the case of concurrent applications requiring action from more than one decision body, the applications shall be combined and the decision-making body with the highest authority shall be responsible for all decisions. This is not intended to require the Planning and Zoning Commission to review applications where they are not listed as a recommending body such as final plat, variance, and vacation. TABLE 11-5A-1: DECISION-MAKING AUTHORITY BY APPLICATION NONE NONE NONE D A NONE D A PZ CC PH NONE CC PH NONE D A NONE D A PZ CC PH D PZ PH roved conditional use NONE 0 A NONE D A PZ CC PH PZ CC PH D CC PM D CC A PZ CC PH NONE D A NONE 0 A NONE D A NONE D A NONE D A D Same decision-maker PH as initial a roval. CC D CC CC Chapter 5 Article A. GENERAL PROVISIONS 8/29/05 11-5A-3: APPLICATION PROCESS: A. Purpose: The purpose of this section is to outline the general application process for a permit or decision under provisions of this Title. B. Application requirements: 1. All persons making application for permits and decisions in accord with this Title shall submit an application to the Director on forms approved by the Planning and Zoning Commission and provided by the Planning Department. 2. Prior to the commencement of any substantive changes to the application requirements, Director shall submit the changes to the Planning and Zoning Commission at a public hearing. C. Determination of completeness: 1. An application shall contain all information deemed necessary by the Director to determine if the proposed permit or action will comply with the requirements of the applicable district or development regulation. 2. Upon receipt of a compete application, the City will issue a notice of application acceptance and completion. 3. The Director shall assign a file number and begin processing the application once the application is deemed complete. D. Fee: All complete applications shall be accompanied by a filing fee in an amount established by City ordinance or resolution. E. Resubmitted: No application that has been denied by the Director, the Commission, or the Council shall be resubmitted, in substantially the same form for the same use, within one (1) year from the date of denial. The Director may waive the one- (1) year requirement and accept a new application, where the subject property is affected by amendments to the Comprehensive Plan or to this Title. F. Request for City Council review: The City Council may be asked to review any decision of the Director or the Commission by an applicant, any party of a record or a City Council member through the provisions set forth in Section 11-5A-6 city council review process. Chapter 5 Article A. GENERAL PROVISIONS 8/29/05 11-5A-4: ADMINISTRATIVE PROCESS: A. The Director may require conditions of approval that are deemed necessary to protect the public health, safety, and welfare and prevent undue adverse impacts on surrounding properties. B. Where notice is required, the Director shall notify property owners within one hundred feet (100') of the subject property. C. The Director shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code 867-6519 stating the reasons for the decision reached. All conditions of approval shall be attached to the written decision. D. Mailed notice of the Director's decision shall be sent to all parties of record. Any person aggrieved by the Director's decision may submit a written request for City Council review in accord with Section 11-5A-6 of this Chapter. The Director's decision is not final until the end of the fifteen- (15) day appeal period. 11-5A-5: PUBLIC HEARING PROCESS: A. Decisions on permits and requests for action requiring a public hearing are based on standards that require substantial discretion and are matters having broad public interest. B. Applicants for permits requiring a public hearing are required to conduct a pre- application meeting with the Department. C. Neighborhood meetings. 1, Applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application. 2. Notice of the neighborhood meeting shall be provided to all property owners of record within three hundred feet (300') of the exterior boundary of the application property. Notice of the meeting shall be either hand-delivered or mailed to the recipients, 3. Notice of the meeting shall be provided at least five days (5) prior to the meeting. The meeting shall be held not more than three (3) months or less than five (5) days prior to the submittal of an application. D. Posting of public hearing notice 1, All applications requiring a public hearing shall post the subject property, except posting is not required for a Unified Development Code text amendment, a Comprehensive Plan text amendment and/or vacations. Chapter 5 Article A. GENERAL PROVISIONS 8/29/05 2. Not less than ten (10) days prior to the hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration. Except as noted herein, posting of the property must be in substantial compliance with the following requirements: a. Conditional Use Permit applications for daycare, group; and annexation, preliminary plat, variance, rezone, and comprehensive plan amendment applications for properties of land less than three (3) acres in size: The applicant shall post a sign consisting of one eleven-inch by seventeen- inch (11" x 17") piece of paper mounted to a rigid surface of at least equal size, or other material stating the name of the applicant, a statement concerning the proposed development, and the date, time and location of the public hearing. b. All other hearings shall require the following posting notice: The sign(s) shall consist of four-foot by four-foot (4' x 4') plywood or other hard surface mounted on two (2) four-inch by four-inch (4" x 4") posts, or attached to another Director-approved support in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three feet (3') above the ground. ii. Centered at the top of the four-foot by four-foot (4' x 4') signboard(s) in six inch (6") letters shall be the words "City of Meridian Public Hearing Notice." In addition, each sign will inform the public of the nature of the hearing, the date, time and address of the hearing location, a summary of the proposal to be considered, a city contact phone number, the location of the development and the name of the applicant, and if applicable, the proposed development. Each sign shall be painted white, and the letters shall be painted black and shall appear on both sides. An example of this sign is set forth below. Size = six inches (6") CITY OF MERIDIAN PUBLIC HEARING NOTICE Meridian Planning and Zoning Commission Size = two inches (2") THE CITY OF MERIDIAN wlll hold a public hearing on January 1, 2001, at 7:00 p.m. at the Meridian City Hall (33 E. Idaho). Size = PURPOSE: Annexation and Zoning - You Name it Subdivision- one and one-half Zoning R-4, Subdivision Preliminary Plat, 7.66 acres, 29 lots, single- inches (1.5") family dwelling, 1 lot open space/drainage w/landscape entryway. j PROPERTY LOCATION: SW corner of Ustick Rd. and Under Rd. APPLICATION BY: John and Jane Doe 2. ign plac m~'f1~:tClfftJl s9~WlJ~~W5ih~~t~-g~~3tWjt~a~gYb~YrT~tb~?'~idered along ach roa tway that is adjacent to the subject property boundaries. The sign(s) hall be I tcated on the property, outside of the public right-of-way. If the sign Chapter 5 Article A, GENERAL PROVISIONS 8/29/05 cannot be placed on the property and still be clearly visible, the sign may be placed within the right-of-way if the applicant can obtain the consent of the owner of the right-of-way. 3. Proof of posting: The applicant shall submit a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless Certificate is received by such date, the hearing will be continued. 4. Sign removal: The signs shall be removed no later than three (3) days after the public hearing for which the sign had been posted is ended. E. Mailing and publishing of the public hearing notice 1. Legal Notice: At least fifteen (15) days prior to the public hearing, the City shall publish a notice of the time and place and a summary of the application in the official newspaper of general circulation in Ada County. 2. Radius notice: a. At least fifteen (15) days prior to the public hearing, the City shall send a notice by first class mail of the time and place, and a summary of the application to property owners or purchasers of record (as listed in the current records of the Ada County Assessor) owning property within three hundred feet (300') of the property being considered. b. The noticing shall be extended to property owners within one thousand feet (1,000') of the external property boundaries for heavy industries and wireless communication facilities. c. The Director may determine, or other applications provided for in this Title may require, that notices be sent to property owners or purchasers of record whose properties are further than three hundred feet (300') or one thousand feet (1,000') from the external boundaries of the property. 3. Alternate forms of notice. When posted or mailed notice is required of two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided as follows: a. In lieu of mailed notice, one (1) additional notice of the time and place of the hearing and summary of the proposal shall be published in a newspaper of general circulation within the County, not less than ten (10) days prior to the hearing; andlor b. At least seven (7) days prior to the hearing, a public service announcement shall be made available to newspapers, radio, and television stations servicing the City. Chapter 5 Article A. GENERAL PROVISIONS 8/29/05 4. Notice to other jurisdictions: The City shall send notice of the application to other jurisdictions with interest and/or authority over the application, including but not limited, to the following: a. Other jurisdictions with joint jurisdiction; b. Appropriate utility companies, irrigation companies or districts and drainage districts; c. Health and transportation authorities; and d. School district. F. Public hearing 1. The City Council andlor Planning and Zoning Commission shall conduct the public hearing in accord with the procedures set forth in Title 1 of the Meridian City Code. 2. If the decision-making body (see Table 11-5A-1) finds that it does not have sufficient information to make a decision, it may continue the public hearing. The decision-making body may also choose to conduct a study session with all parties of record to address questions and issues related to the application. 3. The decision-making body (see Table 11-5A-1) may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties. 4. After the conduct of the public hearing, the Planning and Zoning Commission may recommend approval, recommend denial, approve, approve with conditions, or deny the application request; the City Council may approve, approve with conditions, or deny the application request. 5. The decision-making body (see Table 11-5A-1) action shall be made within seventy (70) days after receiving all information to make a decision or seventy (70) days from the last meeting where the application is considered if additional information is not needed. For applications where the Commission is acting as a recommending body, the Commission shall forward its recommendation to the Council within forty-five (45) days. Chapter 5 Article A. GENERAL PROVISIONS 8/29/05 6, The decision-making body (see Table 11-5A-1) shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code 967- 6519 and 967-6535 stating the reasons forthe decision reached. Conditions of approval shall be attached to the written decision or recommendation. 11-5A-6: CITY COUNCIL REVIEW PROCESS: A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission concerning the administration of this Title may be made by an applicant, the Director, or a party of record. B, All requests for review shall be filed in writing with the Department within fifteen (15) days after the written decision is issued. The request shall include the following information: 1. The decision being requested for review; 2. The name and address of the person requesting the review and their interest in the matter; and 3. The specific grounds upon which the request is made. C. After receipt of a request for review of the action of the Director or Commission, the Council shall hold a de nova public hearing to reach a decision to uphold or overrule the action. D. By simple majority vote, the City Council may uphold or overrule the decision. 1. In the case of consideration of a decision of the Director: a. If the action is overruled, the City Council shall issue a written decision and send the matter back to the Director for action consistent with the City Council's decision. b. If the action of the Director is upheld, the City Council shall issue a written decision stating the decision and the reasons for the decision. 2, In the case of consideration of a decision of the Commission, if the decision is overruled, the Council shall issue findings consistent with the decision. E. Stay of proceedings. A request for City Council review stays all proceedings in furtherance of the action unless the Director certifies to the Council or Commission, after notice of the request is filed, that by reason of facts stated in the application, a stay would in the Director's opinion cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the Councilor court based on an application, with notice showing due cause. Chapter 5 Article A. GENERAL PROVISIONS 8/29/05 F. Notification: Within ten (10) days, after a decision has been rendered by the City Council, the Director shall send a copy of the written decision to the individual requesting the City Council review and the applicant, as may be applicable. 11-5A-7: FEES: In the application of fees for the review of permit applications, the following rules shall apply: A. Basis for calculation: For any requested public hearing involving more than one (1) classification of a petition or application, the filing fee shall be calculated on the basis of the cumulative fee for the individual application(s). B. Waiver of fee: Notwithstanding any of the preceding fee schedules, the City Council shall have the authority to waive in whole or in part any application fee when such a fee would present a hardship. An applicant for a hardship waiver must present the request in writing to the City Council, outlining the degree of such hardship. C. Fees not refundable: Fees to be charged for the various procedures stated above are not refundable, except where a petition or application is withdrawn at least three (3) weeks prior to the date of its scheduled public hearing, and then only after order by the City Council. 10 Chapter 5 Article A. GENERAL PROVISIONS 8/29/05 CHAPTER 5 ADMINISTRATION ARTICLE B. SPECIFIC PROVISIONS ARTICLE B. SECTIONS: 11-5B-1: CERTIFICATE OF ZONING COMPLIANCE 11-5B-2: UNIFIED DEVELOPMENT CODE AMENDMENTS 11-5B-3: ANNEXATIONS AND REZONES 11-5B-4: VARIANCES 11-5B-5: ALTERNATIVE COMPLIANCE 11-5B-6: CONDITIONAL USES 11-5B-1 : CERTIFICATE OF ZONING COMPLIANCE: A. Purpose: The purpose of the Certificate of Zoning Compliance is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of this Title before any work on the structure is started andlor the use is established. B. Applicability: These provisions apply to all requests for permits that involve construction, exterior alterations andlor the establishment of a new use. These provisions do not apply to tenant improvements where the footprint of an existing structure is not enlarged. C. Process: A Certificate of Zoning Compliance shall be issued by the Director when there is a demonstration that the development complies with all provisions of this Title. 1. No Certificate of Zoning Compliance shall be issued for any use on a property in violation of this Title or on a property that contains structures or uses in violation of this Title. 2. The Certificate of Zoning Compliance shall be invalid: a. If the Certificate was secured in violation of a State or Federal law; b. Upon violation of any regulations of this Title on the subject property; or c. If the conditions of the Certificate of Zoning Compliance have been violated. All further work shall cease on a project until the violation has been remedied. 3. Certificate of Zoning Compliances issued in conjunction with a proposed use shall expire if said use has not commenced within one (1) year of the date of issuance of the Certificate of Zoning Compliance. Chapter 5 Article B. SPECIFIC PROVISIONS 8/29/05 4. Certificate of Zoning Compliances issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one (1) year of the date of issuance of the Certificate of Zoning Compliance. 5. The Certificate of Zoning Compliance may require inspections and approvals specified in the approval of the application. 11-5B-2: UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: A. Purpose: The purpose of this section is to establish procedures for amendments to the text, tables and graphics of this Title. B. Applicability: The provisions of this section shall apply to all text within this Title. C. Process: 1, Unified Development Code Amendment initiated by the City. The Planning and Zoning Commission may propose to amend this Title following notice and public hearing procedures in Article A. GENERAL PROVISIONS of this Chapter. 2. Unified Development Amendment initiated by a property owner. The applicant shall complete a pre-application conference with the Director prior to submittal of an application for a Unified Development Code text amendment An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Department 3. The Council shall apply the standard listed in Section 11-5B-2D and the findings listed in Section 11-5B-2E of this Title to review the Unified Development Code text amendment D. Required findings. Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the Council shall make the following findings: 1. The text amendment complies with the applicable provisions of the comprehensive plan; 2. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and 3. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. Chapter 5 Article B. SPECIFIC PROVISIONS 8/29/05 11-5B-3: ANNEXATIONS AND REZONES: A. Purpose: The purpose of this section is to establish procedures for annexations and rezones, including amendments to the Official Zoning Maps. B. Applicability: The provisions of this section shall apply to all lands within the legally defined Meridian City limits, the Meridian Area of City Impact, and all other annexable properties as set forth in Idaho Code S50-222. C. Process: 1. Annexation andlor rezone initiated by Council. The City Council shall follow the procedures for annexation as set forth in Idaho Code S50-222. 2. Annexation and/or rezone initiated by property owner. The applicant shall complete a pre-application conference with the Director prior to submittal of an application for an Annexation andlor Rezone. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Department. 3. The Council shall apply the standard listed in Section 11-SB-3D and the findings listed in Section 11-5B-3E of this Title to review the annexation andlor rezone req uest. D. Standards: 1. The subject property shall meet the minimum dimensional standards of the proposed district. 2. The City may require a development agreement in conjunction with the annexation or rezone pursuant to Idaho Code S65-6711A. a. The termination of a development agreement shall result in the reversal of the Official Zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification in effect prior to approval of the development agreement. b. Any action by the Council to amend or terminate a previously recorded development agreement shall be recorded in the office of the Ada County Recorder by the Clerk to the Council. E. Required Findings. Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: Chapter 5 Article B. SPECIFIC PROVISIONS 8/29/05 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. 5. The annexation (as applicable) is in the best of interest of City. 11-5B-4: VARIANCES: A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this Title. B. Applicability: The provisions of this section shall apply to requests to vary from the requirements of this Title with respect to lot size, width, and depth; front, side, and rear setbacks; parking spaces; building height; and all other provisions of this Title affecting the size and shape of a structure or the placement upon properties. C. Process. 1. The applicant shall complete a pre-application conference with the Director prior to submittal of an application for a variance. 2. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Planning Department. 3. The Council shall apply the standards listed in Section 11-5B-4.D and all the findings listed in Section 11-5B-4.E of this Title to review the variance. D. Standard. The variance shall comply with Idaho Code ~67 -6516. E. Required findings. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; and Chapter 5 Article B. SPECIFIC PROVISIONS 11-58-5: ALTERNATIVE COMPLIANCE: 3. The variance shall not be detrimental to the public health, safety, and welfare. 8/29/05 A. Purpose: The purpose of this process is to provide for alternative means in which to meet the intended purposes of certain development regulations when explicit compliance is not feasible or the alternative means is superior to what is required. The regulations of this section are intended to encourage creative solutions to land use problems. The City recognizes that some specific requirements of this Title do not anticipate all possible situations. Further, the City recognizes that there may be land use proposals that conform to the purpose, intent, and objectives of the regulations in this Title but were not anticipated in the specific regulations. This subsection sets forth an alternative method of compliance in the event of these situations. B. Applicability: TABLE 11-5A-1: AL TERNA TlVE COMPLIANCE 1. This process is intended to replace specific requirements as set forth throughout this Title as follows: 11-6C-3 11-3A-7 11-28-3 11-2C-3 11-4-3.44 11-38 11-3D-5 11-3A-7 11-3C-5 11-3C-6 11-3F-4 11-38-5 11-3A-21 2. Requests for alternative compliance are allowed only when one (1) or more of the following conditions exists: a. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; b. The site involves space limitations or an unusually shaped lot; c. Safety considerations make alternative compliance desirable; Chapter 5 Article B. SPECIFIC PROVISIONS