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HomeMy WebLinkAbout2023-07-31 Mike and Malissa Bernard Dear Mayor Simison and City of Meridian City Council, Thank you for your service for the City of Meridian. This is in reference to the 2023 UDC Text Amendment ZOA-2023-0001. Let me preface at the onset: this is just a point of view from a Citizen's eyes that very well might be the same as many others in our area. You don't have a pile of mail, but a seemingly routine amendment is important to everyone, and we ask you and trust you to consider this amendment in our stead. In fact, with this type of application one must be checking agendas and city business frequently to be aware. Your departments work hard with a myriad of duties, and I do not think there was anything odd at hand, just that there is always an implication for any new or existing policy or change. Note: there is a Public Notice of Hearings error saying this pertains to Chapters 2-5;this is incorrect as there is a Chapter 6 Item in this packet to be amended regarding Common Driveways. Will this require a re-notice as it is a part of the entire amendment? Or will Chapter 6 item simply be excised from the Agenda? This item was heard in City Hall Chambers before the Planning and Zoning Commission July 6, 2023, with the incorrect noticing information, published June 21, 2023.2023 UDC Text AmendmentZOA-2023-0001: For a UDC Text Amendment to amend certain regulations in Chapters 2-5 of the Unified Development Code (UDC), located City Wide. Applicant: City of Meridian Planning Division LEGAL NOTICE PUBLIC HEARING NOTICE Nolice is hereby given thal the Planning and Zoning Com- mission of the City of Meridian will hold a public hearing on Thursday July 6,2023 at 6:04 PM at Meridlan Clly Hall,33 E.Broadway Ave.Meridian Idaho 83542 to hear the following request(s): H-292"021 Driftwood Subdivision:Conditional Use Per- mit for a multi-lamiiy development consisting of 57 dwelling units on 4.81 acres of land in the C-C zoning distdol and a Combined PreliminarylFinal Pia!oonsisting at one(1)residen- tial building lot,Iwo(2)commercial building lots and one(1) DtheI lot on 9-01 acres of land In the C-C zoning dlsirlot,local- ed al 870 W.Ustidk Ad.Applicant:SnghtoD Developmenl,Inc. H-2023.OM Milan*Animal Care Facility:Condilional Use Permit to operate a new 3,100 Square-foot animal care facility on 6.75 acres of land in the L•C zoning district,located at 3020 W.Mllano Oil.Applicant:Emus Frog.LLC. ZOA-2023.4Df101 2023 UDC Text Amendment: UDC Ton Amoodment 10 amend eselain r99ulati4ne in Chapter$2-5 Gf the Unified Development Code(UDC),Located City Wide.Ap- plicant City of Merldian Planning Division H•2023-U1129 2023 Comprehensive Plan Policy Update CPAT Comprehensive Plan Text Amandmanl ID update text, priorities arts leadisupporl deportments for certain policies text in the Plan,located City Wide.Applicant:City of Meridian Plan- ning Division Comments may be provided at the public hearing or in ad- vance of the hearing via small or in person to Meridian CIIy Clerk,33 E.Broadway Ave.Suite 104 Meridian,Idaho 83642. by emait to rQrmmaL9PI9eMiaacit_y.orn or by voicemail at 20"08-5507.An updated list of scheduled hearings can be found onilne al httus.-Lbit.lyJmeridianPH or by calling 208-888- 4A33.Visit�I$yg,(jlgq[ItIDSilkp,EC++9ov®L�RGllfly •inlormalooN for more inlormalion- Chris Johnson,City Clerk June 21,2023 387802 and here,for the hearing date of August 8, 2023, uncorrected: /rE IIZ IAN Public Hearing Notices 2023 Meeting Schedules 2023 UDC Text Amendment ZOA-2023-0001:For a UDC TexiAmendment to amend certain City Council 08108l2023 regulations in Chapters 2-5 of the Unified Development Code(UDC),located City Wide.Applicant: Application Materials City of Meridian Planning Division I have tried to correlate the addition of bona fide(or bona vide) as referenced in State Statutes and how it may apply in addition to the puzzling distance reference in our code, as in the 100 feet distance referred to in the ZOA;even viewed separately neither the distance or the term "bona fide"or"bona vide"seemingly warrants mentioning in code, in my opinion. For example, my lot is approximately 88 feet wide, so my neighbor,which I could possibly see and definitely hear in the adjacent yard, and the neighbor in next yard, and the next, could be quite impactful and not necessarily adjacent or within an X- amount of feet. And why is any set distance mentioned?As to bona fide or bona vide, this is a term that may be innocently added, but it may have an ambiguous and more posturing stance that may prevent one or a group from seeking due process. How either term is defined by State should be included in your packet and correlating City Code. I ask that there is more "show your work." regal retlui•%wd tllii cliionge Air F,Request for Clity Cauridi review.The CityCauncil ii k aldred to review any derlxton of the eLmsistuncy with Slur Statutes. In for or the cumin dun by an appal cant;ahy faFty lei a person.or a CILY Caullekt mbertlirmugh tine provistnra set forth in waiun 11•SA,7_'City Cfmicil rewiow procii of thiF. rtitle. Legal ii uesta)d the rha ng.for A-Fnr pWrPNN of thi!F Sl itm I)Qii shack inrl ude(1)the appticxaC consistarixy witll Ytxt-oinutas. property owmers of retnrti within not hundred(Sou l Irrt trr t h r esterinr inAuridaly of the appllratlon prnpeny.and W any person wharWWri+lirrRlr APOdii rwiuwfwiueli statioL.,ii to A partwAAw- RPP4lkFWIuh wJ 11 d bPnA Yi;1i'tnwzuit 1A ii vrttGc Y..WA lardy�V,illtCCttw d ttY 414110 41W+JKWMUrl OrWlllttla 100112 S�Iy ltriut's 1431uest pruviiied 0111al the mrso Is ruilluests.111%-r1 till&Sut Ili NwtUL. On a side note, I would strongly suggest the remembrance for future reference of a City Council member's option to request a Council Review if warranted, as seen in the highlight in the text, if one on City Council is concerned with a Commission decision or an Administrative decision: https://weblink.meridiancity.org/WebLink/DocView.aspx?id=300729&dbid=0&repo=MeridianCity 11-5A-3(F)Administrative process Legal requested the change for consistency with state statutes. 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, OLD any party of a record, NEW affected person, or a City Councilmember through the provisions set forth in section 11-5A-7, "City Council review process", of this article. 11-SA-4 Administrative process Legal requested the change for consistency with state statutes. A. For purposes of this section, OLD "parties of record"NEW "affected person"shall include (1) the applicant, (2)property owners of record within one hundred(100)feet of the exterior boundary of the application property, and SHOULD BE "or", possibly?? (3)any person who, in writing, specifically requests such status as to a particular application with a bona vide should this be bona fide?interest in real property that may be affected by a land use decision pertaining to the applicant's request, provided that the person requests, in writing, such status. B. Where the process specified by section 11-5A-2, table 11-5A-2 of this article is administrative with public notice. TABLE 11-A-2 With decisions falling under ADMINISTRATIVE and others. https://library.municode.com/id/meridian/codes/code of ordinances?nodeld=TIT1IUNDECO CHSAD A RTAGEPR 11-5A-2DUAU Also, if an item is ADMINISTRATIVE in nature the noticing radius should be 300-feet, not a tiny 100- feet. This could be an impactful update re. process for a modification to an approved conditional use, private street,property boundary adjustment, temporary use, time extension, alternative compliance, administrative design review, accessory use for daycare, accessory use for home occupation,as listed in Table 11-A-2, all of which could have impacts far beyond 100 feet. 1. Prior to submittal of an application, the applicant shall hold a neighborhood meeting in accord with subsection 11-5A-6C of this article, except that notice of such neighborhood meeting shall be provided to all property owners of record within one hundred(100)feet of the exterior boundary of the application property. To me,this seems too short of a radius, as many might be impacted. Smaller notice signs around the neighborhood within a radius of the notice? Also, renters should have the right to chime in, as sometimes a long-term tenant will live on the property or run a business on site for a decade or more. No one wants to hinder a citizen or small business owner financially with extra fees or application costs,so perhaps a scaled back fee for Citizen-initiated applications such as daycares,small home business, etc. of smaller impact over a subdivision application of acreage? Staff attention and hours are lesser, and nowhere near the investment of hours for a huge project. 2. Upon submission of a complete application, the community development director or designee shall review such application and shall: a. Prepare a final decision of denial, which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code§ 67-6519; or b. Prepare a final decision of approval, which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code§ 67-6519 and shall set forth any and all conditions of approval. 3. The community development director or designee shall provide to the applicant notice of the final decision. 4. The community development director or designee shall provide to parties of record affected persons notice of the final decision and notice of the opportunity and time within which to seek City Council.... 11-5A-6 Public hearing process Legal requested the change for consistency with state statutes. 1. The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord with the procedures set forth in title 1 of this Code. 2. If the decision-making body(see section 11-5A-2, table 11-5A-2 of this article)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 OLD TEXTparties of record New text affected persons to address questions and issues related to the application. 3. The decision-making body(see section 11-5A-2, table 11-5A-2 of this article)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. From Planning and Zoning Minutes. No one in this UDC focus group/committee is named or identified within the ZOA file other than the vaguest of generalities. As asked by Commissioner Grace: Grace:So--shoot. Oh.I'm just curious who is on the--who is on the focus group?Is it just members of the staff or is there any public or-- Parsons:Mr. Chair, Members of the Commission, I don't have all the members-- memorized their names, but there is design professionals, there are some residents that are asked to--not everyone participates at every meeting,so I don't want to disclose that we invite 20 people and all 20 show up. But we have representation from Meridian Development Corporation, which is the Urban Renewal District. We have code enforcement part of that. We have Legal team of course. We have various city departments.And, then,like I said, design professionals, developers,stakeholders, City Council liaison. 1 mean there is a broad range of people that are looking at this and participating. Grace:And follow up. I'm guessing that when you change code there is a notice component to it and the public knows about it and gets to weigh in if they want and all those good things,right? Parsons: That is correct, Mr. Chair, Members of the Commission, it's--it's a little different,you know, when we are changing code it's citywide, it's not parcel specific,so you can't just put a public hearing sign, but the clerk does put it in the paper, they send it out--put on NextDoor and, then, they also do a--a broadcast fax--they are PSAs what we call them, a public service announcement and it goes out to everyone so they can see it. Grace:Thanks. Furthermore,the references or committee list are not made in the PZ-Narrative, either: https://weblink.meridiancitV.org/WebLink/DocView.aspx?id=300225&dbid=0&repo=MeridianCity or the Staff Report: https://weblink.meridiancity.org/WebLink/DocView.aspx?id=300728&dbid=0&repo=MeridianCity This focus group or committee: we don't know who they are, publicly, or the term of the focus group's service,as in an expiry of Jan 2024,for example, or if there is a mandatory rotation or refresh. We don't know the mix of people or their numbers.Are the same usual suspects and their familiars in the group or committee in seeming perpetuity?We don't have an open meeting process. This should be a clear and transparent committee or focus group, and should be held to notice of meetings, a complete agenda and packet, what took place, who made the comments via verbatim minutes, who posed the code change and for what reason, and so forth, and viewable on YouTube like other meetings--show the work. Many of us hold stakes, too. The Impact Fee committee has a meeting with an agenda, for example. Same for Solid Waste,Arts, Historical, etc. Code policy is important as well. All focus groups or recommending groups should have names listed and minutes taken. There are benefits discussed, policy suggestions, and often changes. This might include compensation committees, for example, to be added to an open meeting; we deserve to know who in our area is partially steering law and/or benefits or compensation commentary. If the UDC review committee or focus group is going to discuss,suggest, and vet new laws, I certainly do not think it to be appropriate for some with development interests to be creating and modifying our laws and therefore our city codes as it may be hard to separate law and conflict of interest, or focus on terms or changes without considering one's own benefit or obstacle, in my opinion;that is why this should be changed to an open mic meeting like others, with minutes, with packets, etc. Private development has the means to amend code via application now, so they have a route to change what is bothering them, publicly, with an application, hearing, and notice of such. There are no references to bona fide in correlation with any particular distance to a property, and the Idaho State Statute that applies can be seen at the next link. There may be more statutes. My statement stands that all citizens and business owners have a bona fide interest in our City applications by being in city limits or areas of impact, regardless of proximity, names on deeds, or any internal means of assaying the validity and fitness of one's complaint, as that stands with you. After all,for example, an Affidavit of Legal Interest often accompanies a submitted application for a property that has not yet been transferred or deeded though there may be the intent to purchase(if application goes through), and that right to pursue the application full-bore is granted with no official "stakes" held, all LLC's cloak-and-mask entitlement protections, oftentimes with a prop of a signature figurehead that may not own the lion's share of the group; we do not know who is actually holding the interest and in what divvied up percentage, whereas I must state my name and address for the Public Record openly without guile or subterfuge in chambers. Moreover,there may be no conveyance of the property, often, as it relates to the Affidavit of Legal Interest when proceedings are underway, and that can be verified via a simple search on the Ada County Assessors Land Search option online. The deal may fall apart, or the interest swiftly transferred post-hearing,then sold again---not the original bona fide interest anymore,yet they are left holding and/or transferring all the legally sought entitlements secured in Chambers that follow the land. Here is the Statute I believe is related, since no source was cited. https://Iegislature.idaho.gov/statutesrules/idstat/Title67/T67CH65/SECT67-6521/ Title 67,State Government and State Affairs, Chapter 65 Local Land Use Planning TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 65 LOCAL LAND USE PLANNING 67-6521. ACTIONS BY AFFECTED PERSONS. (1)(a)As used herein, an affected person shall mean one having a bona fide interest in real property which may be adversely affected by: (i) The approval, denial or failure to act upon an application for a subdivision, variance,special use permit and such other similar applications required or authorized pursuant to this chapter; (ii) The approval of an ordinance first establishing a zoning district upon annexation or the approval or denial of an application to change the zoning district applicable to specific parcels or sites pursuant to section 67-6511, Idaho Code,or (iii)An approval or denial of an application for conditional rezoning pursuant to section 67-6511A, Idaho Code. (b) Any affected person may at any time prior to final action on an application required or authorized under this chapter, if no hearing has been held on the application,petition the commission or governing board in writing to hold a hearing pursuant to section 67-6512, Idaho Code;provided however, that if twenty(20)affected persons petition for a hearing, the hearing shall be held. (c) After a hearing, the commission or governing board may: (i) Grant or deny an application;or (ii)Delay such a decision for a definite period of time for further study or hearing. Each commission or governing board shall establish by ordinance or resolution a time period within which a recommendation or decision must be made. (d) Every final decision rendered shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code.An affected person aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight(28)days after all remedies have been exhausted under local ordinances seek judicial review as provided by chapter 52, title 67, Idaho Code. (2)(a)Authority to exercise the regulatory power of zoning in land use planning shall not simultaneously displace coexisting eminent domain authority granted under section 14, article 1, of the constitution of the state of Idaho and chapter 7, title 7, Idaho Code. (b) An affected person claiming 'Just compensation"for a perceived"taking,"the basis of the claim being that a final action restricting private property development is actually a regulatory action by local government deemed "necessary to complete the development of the material resources of the state,"or necessary for other public uses, may seek a judicial determination of whether the claim comes within defined provisions of section 14, article 1, of the constitution of the state of Idaho relating to eminent domain. Under these circumstances, the affected person is exempt from the provisions of subsection(1)of this section and may seek judicial review through an inverse condemnation action specifying neglect by local government to provide 'just compensation"under the provisions of section 14, article 1, of the constitution of the state of Idaho and chapter 7, title 7, Idaho Code. There is nothing in City of Boise Code in alignment with any arbitrarily applied distance for Review initiation, nor is there any in the City of Eagle and City of Star codes,which leads me to surmise this is an in-house decision (past)added to law via process to have a particular distance distinction, which I find to be quite restrictive in nature. If this distance distinction was created years ago via another ordinance, then perhaps it is time to modify and remove such a distinction that does not exist in Idaho State Statutes or in nearby City Codes,to my knowledge. https:Hcodelibrary.amlegal.com/search City of Boise City Code term search, where bona fide shows up in code. 1 5-142:PROHIBITED ANIMALS: Bone,ID ...Exceptions:The provisions of this section shall not apply to the keeping of prohibited animals by any bona fide,licensed zoo accredited by the Association of Zoos and Aquariums,any bona fide licensed veterinary hospital for treatment of illness or injury by licensed vetenuarians,bona fide educational or medical institutions accredited by the Idaho Department of Education,bond fide rehabilitators permitted by the Idaho Fish and Game Department and the keeping of raptors by individuals permitted by the Idaho Fish and Game Department. z 3-il CLASSIFICATION OF AUCTIONS, Boise,ID ...Pawnbroker auctions shall be auctions of personal property on hand theretofore bona fide received and dealt with as pawned or pledged articles in accordance with law by one regularly engaged in the City in the business of pawnbroking.as defined by chapter 7 of this title,and unredeemed No license shall be issued for any such auction unless the person applying for such license shall have been continuously in business in the City as a retail or wholesale merchant or pawnbroker for the period of three(3)years next preceding such sale.(1952 Code§5-17-02) 3 3-10-9:QUALIFICATIONS AND RESPONSIBILITIES: Boise,ID _Is not the bona fide owner or lessee of the premises within which the massage establishment is to be operated.B.Violations:A massage establishment shall not be issued a license,and an existing license shall be revoked pursuant to the revocation authority set forth in this chapter,if the operation of the massage establishment is found to violate any existing law,ordinance or regulation,including,but not limited to,building,zoning and health regulations. 4 6-10A-22:RESIDENTIAL AND SPECIAL PARKING DISTRICT PERMITS;SPECIFIC REQUIREMENTS: Bix­ID ...Bona Fide Visitor Permits:The Parking Services Office is hereby authorized and directed to create provisions for the issuance of temporary parking permits for bona fide visitors of residents within an i or SPD.C.Authority To Regulate:In order to maintain the integrity of the neighborhoods and properly manage RPD and SPD zones,the Parking Services Office may:1. 5 3-93:EXEMPTIONS: Boise,ID ...Persons or transactions associated with bona ride trade shows or conventions where all transactions of purchase,sale or exchange are made in connection with such trade shows or conventions and within the confines of the trade show or convention site.D.Purchases of precious metals or gems directly from manufacturers or wholesalers for retail or wholesale inventories or from other dealers:provided,that the selling dealer has complied with the provisions of this chapter. 6 5-15-2:DEFINITIONS: eon,io ...PLACE OF PUBLIC RESORT,ACCOMMODATION,ASSEMBLAGE OR AMUSEMENT:Includes,but is not limited to,any public place,licensed or unlicensed.kept for gain,hire or reward,orwhere charges are made for admission,service,occupancy or use of any property or facilities,whether conducted for the entertainment,housing or lodging of transient guests,or forthe benefit,use craccommodation of those seeking health,recreation or rest,or for the sale of goods and merchandise,or for the rendering of personal services,or for public conveyance or transportation on land,water or in the air,including the stations and terminals thereof,and the garaging of vehicles,or where food or beverages of any kind are sold for consumption on the premises,or where public amusement,entertainment,sports or recreation of any kind is offered,with or without charge,or where medical service or care is made available,or where the public gathers,congregates,or assembles for amusement recreation or public purposes,or public halls,public elevators and public washrooms of buildings and structures occupied by two(2)or more tenants,or by the ownerand one or more tenants,or any public library or any educational institution wholly or partially supported by public funds,or schools of special instruction,or nursery schools,or daycare centers or children's camps;nothing herein contained shall he construed to include,or apply to,any institute,boao fide club or place of accommodation,which is by its nature distinctly private;provided,that where public use is permitted,that use shall be covered by this section;nor shall anything herein contained apply to arry educational facility operated or maintained by a bona fide religious or sectarian institution. 7.3-3-0:QUALIFICATIONS: noise,o ...Is not the bona fide owner of such business;3.Is not a citizen of the United States,or has not been a bwro fide resident of the State for at least thirty(3(1)days next preceding the date of application for a license;provided,that if the applicant is:a.A partnership,all mem hem thereof shall be citizens of the United States and have been residents of the State for at least thirty I0]days preceding the date of application for a license;or b, $3-8-8:AUCTION AND AUCTIONEER LICENSE APPLICATIONS: mtse,in ...All of the stock which shall he sold at the"closing out sale'governed under this auction class,is in fact a bona frde part of the applicant's stock in trade and was not secured, purchased or brought into his business for or in anticipation of such sale.(1952 Code§§5-30-C4,5-30-13,5-31 amd,2019 Code) y 3-SA-.:APPLICATION FOR LICENSE;BOND FEE- i to ...Term Of Ownership:The applicant,at the time of making such a pal iration,has owned the goods to be auctioned for a period of sec(6)months prior thereto,er that the articles to be auctioned were bona fide received and dealt with as pawned or pledged articles by the applicant as a pawnbroker in the City,in accordance with law,and that the redemption period therefor ended one month or more Ior to the application;C. to 3-8A-5:REGULATIONS FOR CONDUCTING AUCTION: &6-ID _The applicant must at or before the date c such application file a notarized,true copy of the inventorywith the Clerk and thereafter at all times until fifteen(15)days after the closing date of such auction keep at the place of auction subject to the inspection and copy by the Chief of Police or other persons designated by the Council,an itemized and numbered descriptive inventory of all articles of the character described in section 3-8A-3 of this article to be offered at such auction,and such inventory shall show in connection with each item,if acquired within the previous three(3)months,the date of acquisition by the application and as to all items forfeited after date hereof,the pawn ticket number therefor,and no ether article shall he added to such inventory or offered or sell at such auction;provided,that an article not pledged or pawned and which was theretofore for more than three(3)months a bona fide part of the stock of the pawnbroker and not acquired in anticipation of such auction,may be offered at the pawnbroker auction if shown on the inventory as filed with the application. As for"bona fide' Showing 11-16 of fa results Q save Search CL bonafide +Advanced F9tes ©Clear Search V Advanced Filters o Show Document Excerpts Seardr 11 7-7A-10:PARKS AND GREENBELT SMOKING PROHIBITION: mtee,o ...Additionally,bores fide Native America n religious practices as set forth in section 5-11-11 of this Code are exempt from this section.D-Other Applicable laws:This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws E Enforcement:In addition to any law enforcement officer.any citizen who desires to complain about a violation of this section,for which the responding law enforcement officerconcludes there is probable cause may initiate enforcement by requesting to sign a Uniform Citation as the complaining parry and State's witness 12 3-94:LICENSE REQUIRED;INVESTIGATION: al '®'x' .Is not the bona fide owner of such business;3.Has had a similar license revoked 6y this City or any other city of this State or of the United States or any other state of the United States within the five(5)years immediately preceding the date of the filing of the application 4.Has been convicted of any felony,car has been convicted of any other crime whether feony or misdemeanor,involving moral turpitude within the five(5)years immediately preceding the date of the filing of the application:S. 13 It-101M DEFINITIONS: I1�,o „.DELIVERY VEHICLE:A vehicle which is used dy a Nora judo business for the distribution of goods or merchandise and which displays advertising or leUeriog s t least two inches (2')m height identifying such business on the exterior of the vehicle.DEMAND-BASED PART Days,hours,and parking meter fees that are variable and set by the Director considering the location,day of the week.time of day,maximum parking time allowed,and the capacities of available parking meters,in order to maximize target utilization. 14 Si-14:CRUELTY TO ANIMALS: m­io ,,.Bono fide experimentsorresearch earned out by professionally recognized private or public researchfacilities orinstitutions:or4.The humane destruction of an animal which is diseased or disabled beyond recovery for any useful purpose,or the humane destruction of animals for population control;or 5. 15 3-13A-fi:LICENSES REQUIRED:APPLICATION;STANDARDS AND REQUIREMENTS;EXPIRATION AND RENEWAL: Botse,IB ..No applicant shall be issued a taxicab vehicle license:(1)When the applicant is not the bona fide owner or lessee of the taxicab;(2)Until the certificate of insurance,of the type and in the amount required by this article,is tendered to the Licensing Offices I No applicant shall be issued,or shall be allowed to maintain,a taxicab driver's license,if the applicant fails to achieve a scare of at least seventy percent(7D%I correct on a general local geographic knowledge and communication skill test developed and administered by the licensing Officer. 16 3-17-5:CITIZEN USE PERMIT REQUIRED: Ili i w ..A bona fide spontaneous special event That is a street event s exempt from the requirement to pay costs to the City.(Ord.10-14,3-25-2D14) City of Star, Definitions and I am not seeing bona fide or a distance cited. https://star.municipalcodeonline.com/book?type=ordinances#name=TITLE 1 ADMINISTRATION https://star.municipalcodeonline.com/book?type=ordinances#name=TITLE 7 BUILDING REGULATIONS https://star.municipalcodeonline.com/book?type=ordinances#name=TITLE 8 UNIFIED DEVELOPMENT CODE 1-3-2:Definitions,General Whenever the following words or terms are used in this code,they shall have such meanings herein ascribed to them,unless the context makes such meaning repugnant thereto: CITY:The city of Star,counties of Ada and Canyon,state of Idaho. CLERK:The city clerk of the city of Star. CODE:The city code of the city of Star. COUNCIL:Unless otherwise indicated,the council of the city of Star. COUNTY:The counties of Ada and Canyon,state of Idaho. EMPLOYEES:Whenever reference is made in this code to a city employee by title only,this shall be construed as though followed by the words"of the city of Star". FEE:A sum of money charged by the city for the carrying on of a business,profession or occupation. FISCAL YEAR:The fiscal year of the city shall commence on October 1 of each yearl. GENDER:A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons. INFRACTION:A civil public offense,not constituting a crime,punishable by a penalty not exceeding one hundred dollars ($100.00)and for which no incarceration may be imposed2. LICENSE:The permission granted for the carrying on of a business, profession or occupation. MISDEMEANOR:Any offense not defined as a felony or infraction under state law3. NUISANCE:Anything offensive to the sensibilities of reasonable persons,or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city,or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community. OFFENSE:Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code. OFFICERS:Whenever reference is made in this code to a city officer by title only,this shall be construed as though followed by the words"of the city of Star". RIGHT OF WAY:The privilege of the immediate use of the roadway or other property. STATE:The state of Idaho. STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks. municolde 10769 W.State Street Star,ID: 1208-286-7247 such area. BASEMENTS The bottom floor of a dwellurg unit,all or partly underground having at least one-half(1/2)of its height below the average level of the adjoining grade. I BED AND BREAKFAST:A professionally run facility providing up to six(6)rooms for temporary overnight accommodations,and where the owner/innkeeper is resident on the property_A had and breakfast provides breakfast for overnight guests but does not provide a restaurant and/or bar For accommodations similar but not limited to I an Airbnb or VRBO,see short-term rental. BERM:An earthen mound designed to provide visual interest,screen undesirable views,and/or decrease noise. ' BEVERAGE BOTTLING PLANT:An establishment that produces consumable liquids(alcoholic or nonalcoholic)in battles and/or cans. BLOCK:Land containing a lot or lots in a subdivision completely surrounded by public rights of way or boundaries of the subdivision. BOARDING 14OUSE:An establishment other than a hotel,motel or short-term rental,where meals and/or lodging are provided with or without compensation,to more than two(2)but less than twelve(12)unrelated persons_A boarding house shall include,but not be limited to,a rooming house,shelter,convent,monastery,dormitory, fraternity,sorority,etc.A boardinghouse does not provide a restaurant or a bar. BREWERY:The use of a site that brewslmanufactures/distributes such beverages as beer,ale and cider.The use may include the ancillary sale or dispensing of said beverages by the drink,glass or growler. BREWPUB:An establishment,restaurant or bar that usually serves food and brews and sells beer or similar alcoholic drink that is made on the premises.Typically,they do not bottle and sell other than in very small take home quantities.They do not distribute their beer_ BUILDABLE AREA:The space remaining on a lot after the minimum open space requirements have been complied with. https://codeIibrary.amlegaI.com/codes/eagleid/latest/eagle id/0-0-0-75 No bona fide distinction or definition in the City of Eagle in definitions. 0 Search A Login Q Select Language - A Resources r r Code of t DEFINITIONS, In or person shall be deemed to be included,although distributive words may not have been used.When any subject matter,parly or person is referred to in this code by words imparting the singular number only,or the masculine gender,several matters,parties or persons and females as well as males and bodies corporate shall be deemed to be included,provided,that these rules of construction shall not be applied to any section of this code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto.The ward"ordinance"contained in the ordinances of the city has been changed in the content of this code to'title", "chapter","section"and/or"subsection"or words of like import for organizational and clarification purposes only.(1985 Code) 1J-2:DEFINITIONS,GENERAL: OO ® OO Unless more specifically defined elsewhere in this code,whenever the following words or terms are used in this code,they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto. AGENT A person acting on behalf of another CITY:The city of Eagle,county of Ada,state of Idaho. CITY COUNCIL,COUNCIL The city council of the city of Eagle_ CODE.The municipal code of the city of Eagle_ EMPLOYEES:Whenever reference is made in this code to a city employee by title only,this shall be construed as though followed by the words"of the city of Eagle'. FEE:A sum of money charged by the city for the carrying on of a business,profession or occupation KNOWINGLY:Imports only a knowledge that the facts exist which brings the actor omission within the provisions of this code.It does not require any knowledge of the unlawfulness of such act or omission. LICENSE:The permission granted for the carrying on of a business,profession or occupation_ Q Search B Login Q Select Language - 8 Resources- r r r DEFINITIONS: U_ The words"used"or"occupied"include the words"intended","designed"or"arranged"to be used or occupied. E The word"lot"includes the words"plot',"parcel"and"tract. The following words and terms,when used in this title,shall have the meanings ascribed to them in this section_ ACCESSORY DWELLING UNIT An attached or detached independent dwelling unit on the same lot with,and of a nature customarily incidental and subordinate to,the principal dwelling unit that has separate kitchen,sleeping,and bathroom facilities_ ACCESSORY STORAGE BUILDING.A building originally constructed for use as an accessory building for the storage of materials and equipment accessory to a primary use located on the property.Cargo containers,railroad cars,truck vans,converted mobile homes,trailers,recreational vehicles,bus bodies,vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not accessory storage buildings. ACCESSORY USE OR STRUCTURE:A use or structure on the same lot with,and of a nature customarily incidental and subordinate 1o,the principal use or structure.In agricultural and residential zones accessory uses/structures include,but are not limited to,accessory dwelling units,detached carpods and garages,pool houses and cabanas, amateur radio and satellite dish antennas,barns,corrals,stables,and similar uses and structures,including accessory storage buildings.In nonresidential zones accessory uses/structures include,but are not limited to,detached carports and garages,caretaker's quarters,guardhouses,microwave and satellite dish antennas,and similar uses and structures. ADMINISTRATOR:An official having knowledge in the principles and practices of zoning who is appointed by the mayor,with the consent of the council,to administer this title. ADULT BUSINESS Establishments based primarily on materials or performances that depict,describe,or relate to specified sexual activities.Adult businesses must be a minimum distance of one-half(112)mile from any church,school,daycare,andlor any other business or use which is primarily intended for individuals under the age of eighteen(10)years old_The distance shall be measured in a direct line from the front door of the adult business to the front door of said business or use AFFECTED PERSON_One having an interest in real property which maybe adversely affected by the issuance or denial of a permit authorizing the development_ AFFECTED PERSON: One having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development. This could be a long-term business tenant that has made 2 million dollars in site improvements, or a tenant with a 12-month lease? Or a group of neighbors, collectively? "Stakes" held figuratively or literally? https://codeIibrary.amlegaI.com/codes/eagleid/latest/eagle id/0-0-0-4258#JD 8-7-4 MD r r rRECONSIDERATION: 0 4 4 0 (Ord.647,11-23-2010,amd.Ord.827,10-22-2020) B-74:APPEALS,VARIANCES AND REQUESTS FOR RECONSIDERATION: OO ® OO 8-74-1:ADMINISTRATIVE APPEALS: ® O Zoning Administrator decisions may be appealed to the City Council Any such appeal shall be filed in accordance with the following procedures A. Who May Appeal_Appeals may he filed by anyone affected by the decision_ a_ Appeal Period_Any appeal shall be filed within fourteen(14)calendar days after the date of the Zoning Administrators written decision_If the last day for appeal is a day city hall is closed,the appeal period shall extend to the next day city hall is open_Appeals filed beyond the appeal period shall not be accepted_ C_ Form of Appeal An appeal shall be filed in writing with the City Clerk_The appeal shall clearly and concisely state the extent of the appeal,the applicable code section(s) being appealed,the reason and grounds for the appeal,and the specific impact on the appellant.The appeal shall be accompanied by the filing fee established by the City Council. D. Effect of Appeal:An appeal stays all proceedings in furtherance of the action taken unless the administrator certifies to the council after the notice of appeal is filed that by reason of facts stated in the application,a slay would,in the administrator's opinion,cause imminent peril to life and property.In such case,proceedings shall not be stayed other than by a restraining order which may be granted by the council or by a court based upon an application,with notice to the administrator showing due cause_ E Decision on the Appeal=The City Council may affirm,affirm in part,reverse,or modify the decision being appealed_The City Council may adopt additional conditions of approval as the facts warrant_(Ord.40,10-1978,rev 9-1980.amd.Ord_858,10-26-2021) r r r 8-7dac:REQUEST FOR RECONSIDERATION BYAFFECTEDPERSONS: O ® O A. Appeals Of City Council Decisions:For any application required or authorized pursuant to the Local Land Use Planning Ad,an affected person may seek judicial review of any final decision of the city council. 1_ A decision of the city council is not a final decision until it has been rendered in writing. 2_ Any affected person seeking judicial review shall first seek reconsideration of the final decision within fourteen(14)calendar days_Such written request shall be provided to the city clerk along with any such fee as adopted by resolution of the city council and shall identify specific deficiencies in the decision for which reconsideration is sought and the legal basis for relief. 3_ In the event no action is taken by the city council within sixty(60)calendar days of receipt of a request for reconsideration the request is deemed denied_If the city council chooses to reconsider the final decision,the city,council shall provide the applicant or affected person a written decision on such action.The city council may then reopen the matter and have additional public heanng(s)if it believes additional information is necessary.The notice for public hearing shall comply with section a-7-a of this title. 4. Notice To Applicant Or Affected Person:Within ten(10)calendar days after the written decision has been rendered,the administrator shall provide the applicant or affected person with a written notice of the action on the request. 5_ A failure to request reronsideration is a failure of the applicant or affected party to exhaust administrative remedies_(Ord_40,10-1978,rev 9-1980,amid.Ord_820,12- 10-2019,Ord.858,10-26-2021) https://codeIibrary.amlegaI.com/codes/boiseid/latest/boise id/0-0-0-30396 Boise City Code 11-03-03:Procedures C. Appeals Of Review Body Decisions(Quasi-Judicial):Review body decisions may be appealed to the Council in accordance with the following: (1) Appeal Procedures: (a) Standing To Appeal:A final decision of a review body may be appealed by the applicant, the owner, those who have testified orally or in writing at the hearing, and those who sign up to testify.Such persons shall be deemed parties of record, as shall any person who had a right to notice but did not receive it. The City Clerk's and Director's proof of publication, mailing, and posting shall constitute proof of notice. (b) Timing Of Appeal:The appealing party shall file a signed appeal form and fee within ten days of the review body decision and adoption of a reason statement. (c) Notice Of Filed Appeal(s): The Director shall mail notice that an appeal has been received to the parties of record and the registered neighborhood association. Failure of delivery or delay of receipt of the notice shall not extend the appeal period or be grounds for appeal. The mailed notice shall include instructions on submitted and reviewing memoranda. (d) Scheduling Of Appeal To City Council:The application for appeal shall be forwarded to the City Clerk and Council shall set a date for a public hearing. The hearing date shall not be sooner than 28 days after the appeal is filed to allow for submission of memoranda. Notice shall be in accordance with the requirements of this Code. (e) Supplemental Documents:For the purposes of this section,staff reports to the City Council are not considered memoranda. i. The parties to the appeal and the Director may file written arguments(memoranda)within 14 days after the appeal deadline. ii. Replies to memoranda must be filed within 21 days of the appeal deadline. iii. Memoranda and responses may not contain new facts or evidence or discuss matters outside the record but rather are limited to why the record does or does not support the decision. iv. The Council may modify the schedule if the hearing date on the appeal is deferred. (2) Standards Of Review For Appeals: (a) Because the review bodies are recognized as having expertise in their substantive areas, the Council shall give due consideration to their decisions. i. The Council may find error on the following grounds: ii. The decision is in violation of constitutional,state, or city law.An example would be that the review body's decision would be a taking. iii. The review body's decision exceeds its statutory authority. iv, The decision is made upon unlawful procedure.An example would be if notice of a required public hearing was inadequate. In such cases, the matter may be remanded to correct the error. v. The decision is arbitrary, capricious or an abuse of discretion in that it was made without rational basis, or in disregard of the facts and circumstances presented. Where there is room for two opinions, action is not arbitrary and capricious when exercised honestly and upon due consideration. vi. The decision is not supported by substantial evidence. (b) If error is found, the review body decision maybe reversed or modified. (c) If no error is found the appeal shall be denied and the decision upheld. (3) Administrative Record Review And Correction: (a) The Director and City Clerk shall make the full administrative record available to the public. (b) If a party believes that information has been omitted from the administrative record, it shall bring it to the attention of the Director no later than ten days prior to the date for the appeal hearing. If information has been omitted from the record, the Director shall determine if the information was presented to the review body and, if so, shall include it in the record provided to the Council. (4) City Council Deliberation On Appeal,•Contents Of Decision: (a) Following the close of the appeal hearing, the Council shall deliberate in public to a decision. The decision shall be based on the standards of review set forth in subsection (4), above. (b) The Council shall adopt a written reason statement in support of its decision and shall identify: i. The ordinance,standards, and criteria set forth in the Comprehensive Plan and this Code used in evaluating the application; ii. The reasons for approval or denial;and iii. The actions, if any, that the applicant could take to obtain a permit. (5) Notice Of Decision On Appeal:The Director shall mail to the applicant, the appellant, and the registered neighborhood association notice of the decision together with the reason statement and a notification of the right to seek judicial review. City of Star https://star.municipalcodeonline.com/book?tvpe=ordinances#name=TITLE 1 ADMINISTRATION https://star.municipalcodeonline.com/book?tvpe=ordinances#name=8-lA-3: Application Process Request For City Council Review:An applicant,an affected person or a city council member may ask the city council to review any decision of the administrator by following the provisions set forth in section 8-1A-5. 8-1A-5:PROCEDURES FOR HEARINGS ON ADMINISTRATIVE DECISIONS: A. Request for an Interpretation of an Ordinance:In the administration of this title, an interpretation of an ordinance may be made by the administrator. B. Requests for City Council Review of a Decision of the Administrator:All requests for review shall be filed in writing with the city clerk 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. Hearing Scheduled:The city clerk shall schedule the hearing before the city council at the next public hearing date,following the notice requirements provided by subsection 8-1A-6E. D. City Council:The city council, by majority vote, in reviewing the administrator's decision, may uphold, deny, amend or modify the decision by imposing additional or different conditions and limitations. 1. If the decision of the administrator is upheld, the city council shall issue a written decision stating the decision and the reasons for the decision. 2. If the decision of the administrator is overruled, amended or modified, the council shall issue a written decision and send the matter back to the administrator for action consistent with the council's decision. E. Notification: Within ten(10)days, after a decision has been rendered by the city council, the administrator shall send a copy of the written decision to the individual requesting the city council review and the applicant as may be applicable. 8-1A-9:REQUEST FOR RECONSIDERATION: A.Any applicant or affected person seeking judicial review of compliance with the provisions of this section must first seek reconsideration of the final decision within fourteen (14)days, as required by Idaho Code 67-6535. To request reconsideration, an applicant or affected person must meet the following criteria: 1. The requesting party must have been a party in the underlying action in one of the following: the city,the property owner of the subject property,the applicant for the project,•or other affected party,•and 2. The request must be in writing, accompanied by the appropriate fee, and presented to the City no more than fourteen(14)calendar days after the council action and final decision(findings of fact, conclusions of law)have been rendered;and 3. The request must state a basis for the request and a brief statement of issues and decision that the requesting party is asking to be reconsidered;and 4. The request must include but is not limited to:the party requesting reconsideration has relevant information;and the relevant information was not previously presented and is in response to something brought up at the previous hearing;and the information was not previously available. B. Consideration: The council will consider the request and provide a written decision to the requesting party within sixty(60)days of receipt of the request for reconsideration. 10 C. If the City Council Approves the Request: The requesting party must pay the fee for a new public hearing within ten(10)calendar days of council's reconsideration. If the payment is not made to the city clerk within the specified time frame, the city council shall be notified at their next regularly scheduled meeting and the request for reconsideration shall be rescinded. D.All Noticing Shall Be Done in The Some Manner As All Public Hearings:If the applicant for reconsideration is not the property owner, they may post the notice of hearing sign that is required by ordinance in the right of way, if they have permission of the appropriate authority. The city council may waive this requirement, excepting publication costs. The city council shall consider all relevant facts regarding the reasons the property has not been properly posted and may direct any reasonable measures it wants to assure that the public has appropriate notice. The new hearing shall be conducted in the same manner as all public hearings. E. Public Hearing:The administrator will schedule a new public hearing for the application as allowed by this code and all noticing requirements shall be mandatory. The public hearing shall be limited to a discussion of the new information and the ultimate decision shall be a final action of the city council. No request for reconsideration may be accepted by the administrator on the decision of the city council from this hearing. F. Number of Requests:One request for reconsideration by any party as stated in subsection Al of this section, may be sought on any project. 8-1A-10:APPEAL;FORM AND CONTENT Any city council decision may be appealed to a court of appropriate jurisdiction in accordance with the procedures established in Idaho Code 8-1D-6: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 search any of the premises of any citizen without the consent of such citizen or order issued by a court of proper jurisdiction. For consent of an applicant with an active application with the City,please refer to Section 8-1A-2A (3). C. Every citizen of Star 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 1, "Administration", of this title. 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 While bona fide is a reference in Idaho State Statutes, it is not a mandate into other city codes, and there is nothing specific about the distance in feet,and the City of Meridian seems to be the odd duck here, as such distances do not exist in Boise,Star, or Eagle. And bona fide, by definition, can be as simple as this. As defined by Merriam-Webster, and The Law Dictionary,featuring Black's Law Dictionary, 2nd Ed. bona ridC aajcctivc IF bona fide bd-na-fidrA 'ba-; ,bo-na-'fi-di, i`-'fi-da.8) Synonyms of bona fide> 1 : neither specious nor counterfeit:GENUINE has become a bona fide celebrity 2 :made with earnest intent:SINCERE a bona fide proposal 3 law :made in good faith without fraud or deceit a bona fide offer to buy a farm THE LAw DICTIONARY Your Free Qniine tega;Dictionary•Featuring Blocf�s Law Dictionary,2nd Ed. Legal Dictlonary - US Law Legal Informatlon BONA FIDE Definition Legal Meaning Definition & Citations: In orwith good faith;honestly,openly,and sincerely;withoutdeceitor fraud.Truly;actually;without simulation or pretense.Innocently;in the attitude of trust and confidence;without notice of fraud, etc.The phrase'bona fide"is often used ambiguously;thus,the expression"a bona fide holderfor value"may either mean a holderfor real value,as opposed to a holderfor pretended value,or it may mean a holder for real value without notice of any fraud,etc.Byles,Bills,121. As a reference for distance,and case law history: Z-Memorandum Decision and Order on Petition for Judicial review https://weblink.meridiancitV.org/WebLink/DocView.aspx?id=162066&dbid=0&repo=MeridianCity&cr=1 Page 6 of 33, Lost Rapids H-2018-0004 CPAM,AZ, PP,VAR A court is more likely to find standing where the landowner's property is "adjoining the proposed development"or "adjacent to"it. See Evans, 139 Idaho at 75, 73 P.3d at 88, and Cowan, 143 Idaho at 509-510, 148 P.3d 1255-56(properties were "adjoining the proposed development");Johnson v. Blaine Cty., 146 Idaho 916, 920, 204 P.3d 1127, 1131 (2009) (property was "adjacent to"proposed development);see also I.C. §67-6516(Notice required for property owners whose land is "adjoining the parcel under consideration"), A property is 'adjoining'when it is "(t]ouching[or]sharing a common boundary"with another property. Adjoining, BLACK'S Law DICTIONARY(10th Ed. 2014).A property is 'adjacent'to another when it "[lies]near or close to, but not necessarily touching."Adjacent, BLACK'S LAW DICTIONARY (10th Ed. 2014). However, Courts "will not look to a predetermined distance in deciding whether a property owner has, or does not have,standing to seek judicial review of a LLUPA decision." Evans v. Teton Cty., 139 Idaho 71, 75, 73 P.3d 84, 88(2003). Thus, even if a particular property is located some distance from the proposed development, a traceable injury can be found if the landowner can show a unique situation that will negatively impact their land. Davisco Foods Intl, Inc. v. Gooding Cty., 141 Idaho 784, 790, 118 P.3d 116, 122 (2005) (finding probable injury where expert testimony showed how odors from a proposed wastewater treatment plant would potentially impact a property three miles away). If the Courts "will not look to a predetermined distance in deciding whether a property owner has, or does not have,standing to seek judicial review of a LLUPA decision,then why would a City apply or mention a distance? Couldn't an impacted party be 200 feet away? 2 blocks away? 2 miles away? I can clearly identify my neighbors at 100 feet,tell you the make and or style of their footwear,the color of their shirt and if it has words or a team on the shirt, I certainly could read it from 100 feet with my glasses on if the lettering was large, and I would definitely be impacted by the very same impressions at 105 feet, past the cited line of demarcation; imagine something re. land uses of more significance. In summary,this feels like a bit slipped in without previous Council review,consideration, and commentary via a Work Session or any opportunity for a citizen to review via accompanying packet, led by a committee/focus group that is not identified and their proceedings cannot be followed by your citizens, and they are making recommendations for law that will impact us all? The first I saw of the draft was June 23, 2023. Via a focus group of possibly 20 cherry-picked individuals, some with a likely bias, civic benefit, or possible development benefits with the Code changes, with no rollcall-noted meeting with minutes on occasion to help facilitate policy/law for 130,000 people? We hold stakes, too. Keep the appeal process and any requests for reconsideration of decisions open,free, uncomplicated, user-friendly,and fair. If the citizen or business owner brings forth a claim or issue for the appeal or reconsideration, they put themselves out there to be denied should proceedings occur, and they should have the route and right to take the complaint or issue further and not be hobbled without cause via an amendment or subjective prejudicial opinion. In fact,some citizens or business owners might not know of any city hearings, until after the hearing when neighbors are chatting on the street,for example, and while not being a citizen of record or affected party having given testimony in chambers or via other means,they should not be precluded from their right to due process for any grievance or issue that may not have been revealed or testimony presented in chambers, but evidence presented at a new hearing might change the decision, especially with CUPS that fall under Commission rulings. Citizens and business interests should be able to address their elected leaders and pursue their legal options. If they see 100 feet and other items in the City Code, and there is nothing in State Statutes that they might not go forth to research at all,they might be left feeling they don't have the opportunity to right what they see as a wrong, and they do have that right after all. With bona fide being rather broad in nature,yet could be subjective, I am not sure what would necessitate the addition to City code when it seems to be somewhat open in State statutes and in higher Courts, as well as the distance limitation of 100 feet;bona fide or bona vide and the 100 feet feels more like civic posturing and projected absolutes rather than being particularly helpful. And whether the term is bona vide or bona fide and referenced as Idaho State Statutes,then the reasoning for the change and correlating and clickable link to the Idaho State Statute should be included in Planning and Zoning's and City Council's information packet for the Hearing, to cite one's sources for Citizen, Business Owner, Commission, Committee, Focus Group, or Council review. Reviews and appeals(administrative or otherwise) are not the options sought very frequently as it stands, as I believe there has been only eight reviews thus far in total for years 2021, 2022, and 2023, so it really isn't something to rein in or limit, and it truly shouldn't be, as this is the mode of due process. As mentioned in the previous testimony, changing building heights should require notice to those nearby and adjacent, or any affected person, as in going from 25 feet to 29.99 feet in height less than the 20 percent increase example, is a big difference and affected persons or parties should have the opportunity to address City Council and this power to change heights from previously items heard in chambers via plans and presentations; I feel this should not be done Administratively in the design review, as that decision should be City Council's with a hearing notice to a 300-ft radius.This happened with Wadsworth design at Ustick and Eagle;you said ok to the Concept, and it changed. All Alternative Compliance or tweaks should ultimately come before the City Council. If no one shows to the Hearing, it is a five-or ten-minute presentation and decision,yet the affected party/person retains the right to ask for reconsideration or an appeal because it was noticed,the postcard was likely received for the hearing, and more people are aware of the hearing with a larger distance radius of notice, payable by the applicant as a fee for not sticking to the agreed-upon concept or the agreed-upon elevation height as provided in chambers as evidence and legal discovery for the basis of your decisions and therefore the Development Agreement,which is contractual and binding in nature, yet it can be so easily changed? You may also wish to add more strength to the Code for the Hearing Notice signage all over town not being removed promptly. If it is$250-$500-$1000 in tiered fine costs for non-removal, then you may find better compliance. There is a January 3, 2023, sign still up on NB East side of Eagle Rd. south of Ustick,for example, despite the signing of knowledge and understanding of the sign posting policy. 11-5A-6.-Public Hearing Process, D-5, 5. 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. Lastly, I would seriously ask the City to consider more universal design elements for citizens from the stroller to the last phases in life with stronger future code in alignment with ADA standards and needs. Ex. 20 foot slabs minimum and vehicles longer than a compact may impede the sidewalks for all vision- impaired citizens or those in a wheelchair or using another device. Eagle's driveways are 25 feet. We should not always be dodging trailer hitch balls or being forced into the street from the crowded driveways. We turn to you for prudent and sound decisions. Thank you. Malissa Bernard 4025 N Dashwood PI Meridian ID 83646 208.599.3058