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Home My WebLink About2023-10-17 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 17, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted as Amended (Item 3 vacated) PUBLIC FORUM – Future Meeting Topics RESOLUTIONS \[Action Item\] 1. Resolution No. 23-2418: A resolution establishing the appointment of Andy Arriaga to Seat 3 of the Meridian Solid Waste Advisory Commission; and providing an effective date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener ACTION ITEMS 2. Public Hearing for Petsche Rezone (H-2023-0039) by Tammy Petsche, located at 1508 N. Meridian Rd. Approved Application Materials: https://bit.ly/H-2023-0039 A. Request: Rezone of 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of facilitating the remodeling of the existing garage associated with the existing family residence. Motion to approve made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 3. Public Hearing for 2023 UDC Text Amendment (ZOA-2023-0001) by City of Meridian Planning Division Vacated Application Materials: https://bit.ly/ZOA-2023-0001 A. Request: Text Amendment to add new text and figure to UDC 11-2B-3A.3 to allow a maximum building height of one hundred (100) feet when a property is located withing seven hundred and fifty feet (750') of the I-84 right of way in certain commercial districts. ORDINANCES \[Action Item\] 4. Ordinance 23-2038: An ordinance amending the title of Title 3, Meridian City Code, to be “Licenses and Permits”; amending the title of Title 3, Chapter 1, Meridian City Code, to be “General Licensing and Permitting Provisions”; amending Meridian City Code section 3-1-1, regarding licenses or permits required; adding Meridian City Code section 3-1-4, regarding notice and effective date of issuance, denial, or revocation of licenses and permits; adding Meridian City Code section 3-1-5, regarding appeal of denial, conditions, or revocation of licenses and permits; repealing and Replacing Title 3, Chapter 8, Meridian City Code, regarding fireworks; adding a new chapter, Chapter 4, to Title 4, Meridian City Code, regarding burning regulations; repealing Chapters 1, 3, and 4 of Title 5, Meridian City Code, formerly regarding fire department, clean air regulations, and fireworks; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener EXECUTIVE SESSION 5. Per Idaho Code section 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code. Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Into session: 6:14 PM Out of session: 6:53 PM FUTURE MEETING TOPICS ADJOURNMENT 6:54 PM Meridian City Council October 17, 2023. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, October 17, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Members Absent: Joe Borton. Others Present: Chris Johnson, Bill Nary, Stacy Hersh, Chris McGilvery, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader X Joe Borton _X_ Brad Hoaglun _X_ John Overton X Jessica Perreault X Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is October 17th, 2023, at 6:00 p.m. We will begin this afternoon's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Mr. Clerk, do we have anybody signed up under community invocation? Johnson: Mr. Mayor, we do not. It's a very busy season. Everybody I have reached out to was unavailable. ADOPTION OF AGENDA Simison: Okay. The next item up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council October 17,2023 Page 2 of S Hoaglun: We -- we do have one item to remove this evening. Item No. 3, the -- the 2023 UDC text amendment. Planning has been in discussions with the Fire Department and they have determined at this time that this item can be delayed until Council has more information, you know, and we do have a process for taller buildings in our community that if someone wants to do something right now there is a process to go through that can be taken up, so that's not causing any -- any particular issue at this time. So, I'm going to move adoption of the agenda without Item 3, ZOA-2023-0001. Overton: Second. Simison: Have a motion and a second to adopt the agenda as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted as amended. MOTION CARRIED: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, did anyone sign up under Future Meeting Topics? Johnson: Mr. Mayor, nobody signed up. RESOLUTIONS [Action Item] 1. Resolution No. 23-2418: A resolution establishing the appointment of Andy Arriaga to Seat 3 of the Meridian Solid Waste Advisory Commission; and providing an effective date Simison: Okay. Then with that we will move on to Item 1, which is a Resolution No. 23- 2418, establishing the appointment of Andy Arriaga to Seat 3 of the Meridian Solid Waste Advisory Commission and providing an effective date. So, Steve Cory and I met together with Andy and we talked about his interest in serving. He -- he originally had applied for some other of our commissions. He's a newer resident to the area and has really just a basic interest in serving our community. That was his primary driving factor. But what really kind of caught my attention in our conversation was his financial background and Chris and Chairman Cory also agreed -- with all the conversations that we are going to be having with Ada county on rates and issues moving forward, we felt like adding his financial abilities to SWAC to help be part of that ongoing conversation, whether it's about the rates that they are charging per ton or any other elements. That it could provide a great benefit to the Commission. So, he's excited to -- to give back and serve. He's not here in the audience. I don't know if he's on -- he's not online either as far as I can tell, but he -- he showed up, he's gotten engaged here in the Treasure Valley in various different ways and this is how he wants to continue to do it and Councilman Strader can understand getting out of that finance sector environment and giving back and that's where he is in his life. So, with that be happy to answer any questions. Or I will take a motion. Meridian City Council October 17,2023 Page 3of8 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve Resolution No. 23-2418 appointing Andy Arriaga to Seat 3 of the Meridian Solid Waste Advisory Commission. Strader: Second. Simison: Have motion and a second to approve Resolution No. 23-2418. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ACTION ITEMS 2. Public Hearing for Petsche Rezone (H-2023-0039) by Tammy Petsche, located at 1508 N. Meridian Rd. A. Request: Rezone of 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of facilitating the remodeling of the existing garage associated with the existing family residence. Simison: Okay. We will go into our public hearing items, which is Item 2, which is a public hearing for Petsche Rezone, H-2023-0039, and we will open this public hearing for staff -- with staff comments from Stacy. Hersh: Good evening, Mayor and City Council. The applicant has submitted a rezone. The site consists of 0.60 acres of land, currently zoned C-C, located at 1508 North Meridian Road. History on the property is none. The Comprehensive FLUM designation is Old Town. The purpose of the request for the rezoning is to facilitate the renovation of an existing detached garage while retaining the property's current residential use. Furthermore, rezoning to Old Town would allow the applicant to submit building permit applications for constructing a new building and making structural modifications to the existing building without obtaining a conditional use permit for each proposed improvement on a site. A single family detached dwelling unit is considered a nonconforming use in the C-C zoning district per the UDC. The applicant intends to retain the existing home while renovating the old detached garage situated behind the home. Additionally, the applicant has future plans to potentially construct an accessory dwelling unit or a live-work structure at a later date. Access is provided via North Meridian Road, an arterial street via a fully improved U-shaped driveway. This driveway does not adhere to the ACH district -- ACHD district guidelines for successive driveways in terms of alignment or offset, as it falls short of a minimum of 330 feet separation from any existing or proposed driveway and is not located a minimum of 355 feet away from Meridian City Council October 17,2023 Page 4 of S the nearest intersection. Since the applicant is not intensifying or changing the use of the property, staff and ACHD are supportive of the driveway configuration remaining for the residential use. Per the UDC, when a property takes access from an arterial street and prior to any new expanded or extended use or development of the property to adjoining properties, the property owner is required to grant cross-access. Further, this requirement may extend to residential properties where the use is anticipated to change to a nonresidential use. As noted above, the property owner intends to expand the site in the future. Since the property abuts several undeveloped properties and there is the potential for further expansion on the property, staff believes cross-access is warranted, but identifying which properties and the exact location for the shared driveways will be determined when an actual development is proposed for the property. This may include closing one or both driveways. Staff recommends that in the event the property intensifies or redevelops in the future, the applicant should provide cross-access to the neighboring properties located to the south, north, east and to eliminate the need for multiple accesses off the arterial roadway within close proximity in accordance with the UDC. The existing home has a driveway off Meridian Road that contains a 20-by-20 parking pad and a two car garage. In reviewing the county assessor's records it appears the home currently has three bedrooms. Therefore, the parking provided on site meets the minimum requirements of the UDC. There is an existing seven foot wide sidewalk on Meridian Road along the existing property frontage that is consistent with ACHD's district policy for arterial roadways. With the exception of the dedicated right of way, therefore additional right of way dedicating totaling 90 -- totaling 96 feet on Meridian Road abutting the site should be required as part of a future application. Also as part of a future development application the applicant should be required to provide a permanent right of way easement to two feet behind the back of sidewalk for any sidewalk placed outside of the dedicated right of way. A landscape buffer is not required for a single family dwelling unit in the Old Town Zoning district. The UDC does not regulate the landscaping on residential lots. However, the existing house is currently set back approximately 30 feet from Meridian Road, leaving several areas in front of the residence that could be landscaped to enhance the streetscaping along Meridian Road. Staff believes the street frontage should be landscaped with a mix of trees, shrub, lawn, hardscapes or a water conserving design in accordance with the UDC. Building elevations consist of stucco, brick and asphalt and roof shingles, as on the existing home. A design review application is not required for single family dwellings. However, when the property redevelops to commercial uses in the future a design review will be required. Commission recommendation for this application was approved. Summary of the Commission public hearing. In favor was Dave Petsche, the owner. In opposition was none. Commenting was none. Written testimony was none. Key issues of discussion were none. Key issues of discussion by Commission were none. Commission changes to staff's recommendation is none. And outstanding issues for City Council are none. Written testimony since the Commission hearing is currently none. And this concludes staff's presentation and I stand for any questions. Thank you. Simisom Thank you, Stacy. Council, questions for staff? Okay. Is the applicant here? Would you like to come forward and add any additional comments? Just ask you to wait until you get to the mic and state your name and address for the record. Meridian City Council October 17,2023 Page 5 of 8 Petsche: Dave Petsche. 1508 North Meridian Road. Yeah. It's a future -- I don't have a plan yet, but I -- I was thinking of doing something in the back portion of the property and doing like a -- a work-live building where I can make an ADU above it and work out of the shop area below. That was my plan down the road. But for now it's just to upgrade the little storage shed thing that's totally rotten roof and I just need to fix it all up, make it look good. Simison: Well, thank you. And thank you for the correct pronunciation of your name. appreciate that. Council, any questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I don't have a question, but I just want to say that this is creative thinking and I think it's cool when people want to bring additional housing units to our community, because they are getting harder and harder to come by. So, thank you for taking the effort to do this. And Old Town is a good -- is a good location for that. Simison: All right. Thank you very much. Petsche: Thank you. Simison: Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we do not. Simison: Okay. Is there anybody present who would like to provide testimony on this item or -- and if you are online you can use the raise your hand feature on Zoom. And it's only city staff on Zoom, so if there is anybody present in the room -- seeing no one wishing to come forward, does the applicant have any final comments? Okay. No final comments. The applicant waives. Council, what's your direction or desires? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Seeing no more public comments, I move we close the public hearing. Perreault: Second. Cavener: Second. Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. Meridian City Council October 17,2023 Page 6 of S MOTION CARRIED: FIVE AYES. ONE ABSENT. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: After considering all staff, applicant and public testimony, I move we approve File No. H-2023-0039. Cavener: Second. Simison: Have a motion and a second to approve Item H-2023-0039. Is there discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much and good luck. MOTION CARRIED: FIVE AYES. ONE ABSENT. 3. Public Hearing for 2023 UDC Text Amendment (ZOA-2023-0001) by City of Meridian Planning Division A. Request: Text Amendment to add new text and figure to UDC 11- 2B-3A.3 to allow a maximum building height of one hundred (100) feet when a property is located within seven hundred and fifty feet (750') of the I-84 right of way in certain commercial districts. Simison: Okay. Item 3 was taken off the agenda. ORDINANCES [Action Item] 4. Ordinance 23-2038: An ordinance amending the title of Title 3, Meridian City Code, to be "Licenses and Permits"; amending the title of Title 3, Chapter 1, Meridian City Code, to be "General Licensing and Permitting Provisions"; amending Meridian City Code section 3- 1-1, regarding licenses or permits required; adding Meridian City Code Section 3-1-4, regarding notice and effective date of issuance, denial, or revocation of licenses and permits; adding Meridian City Code Section 3-1-5, regarding appeal of denial, conditions, or revocation of licenses and permits; repealing and Replacing Title 3, Chapter 8, Meridian City Code, regarding fireworks; adding a new chapter, Chapter 4, to Title 4, Meridian City Code, regarding burning Meridian City Council October 17,2023 Page 7of8 regulations; repealing Chapters 1, 3, and 4 of Title 5, Meridian City Code, formerly regarding fire department, clean air regulations, and fireworks; repealing conflicting ordinances; and providing an effective date. Simison: So, we will move to Item 4, which is Ordinance No. 23-2038. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mayor. It's an ordinance amending the title of Title 3, Meridian City Code, to be "Licenses and Permits"; amending the title of Title 3, Chapter 1, Meridian City Code, to be "General Licensing and Permitting Provisions"; amending Meridian City Code Section 3-1-1, regarding licenses or permits required; adding Meridian City Code Section 3-1-4, regarding notice and effective date of issuance, denial, or revocation of licenses and permits; adding Meridian City Code Section 3-1-5, regarding appeal of denial, conditions, or revocation of licenses and permits; repealing and Replacing Title 3, Chapter 8, Meridian City Code, regarding fireworks; adding a new chapter, Chapter 4, to Title 4, Meridian City Code, regarding burning regulations; repealing Chapters 1 , 3, and 4 of Title 5, Meridian City Code, formerly regarding fire department, clean air regulations, and fireworks; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 23-2038. Strader: Second. Simison: Have a motion and a second to approve Ordinance No. 23-2038. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION 5. Per Idaho Code section 74-206(1)(d): To consider records that are exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code. Meridian City Council October 17,2023 Page 8of8 Simison: With that we will move on to Item 5. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code Section 74- 206(1)(d). Overton: Second. Simison: Have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries. The item is agreed to. We will move into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (6:14 p.m. to 6:53 p.m.) (Hoaglun motion to come out of Executive Session. Affirmative vote.) (Nothing under "Future Meeting Topics".) (Hoaglun motioned to adjourn.) MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:54 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 24 / 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. i 3 1 j I CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 23-2418: A resolution establishing the appointment of Andy Arriaga to Seat 3 of the Meridian Solid Waste Advisory Commission; and providing an effective date. CITY OF MERIDIAN RESOLUTION NO. 23-2418 BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION ESTABLISHING THE APPOINTMENT OF ANDY ARRIAGA TO SEAT 3 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-6-1 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the appointment of Andy Arriaga to Seat 3 of the Solid Waste Advisory Commission as recommended by Mayor Simison and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That, effectively immediately, Andy Arriaga is hereby appointed to Seat 3 of the Meridian Solid Waste Advisory Commission, which term shall expire September 30, 2026; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 17th day of October, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 171h day of October, 2023. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR APPOINTMENT OF ANDY ARRIAGA TO SEAT 3 OF THE SOLID WASTE ADVISORY COMMISSION-Page I E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda: None Item #2: Petsche Rezone (H-2023-0039) Application(s):  Rezone Size of property, existing zoning, and location: This site consists of 0.60 acres of land, zoned C-C, located at 1508 N. Meridian Road. History: None Comprehensive Plan FLUM Designation: Old Town (O-T) Summary of Request: The purpose of the request for rezoning is to facilitate the renovation of the existing detached garage while retaining the property’s current residential use. Furthermore, rezoning to O-T would allow the Applicant to submit building permit applications for constructing a new building and making structural modifications to the existing building without obtaining a Conditional Use Permit for each proposed improvement to the site. A single-family detached dwelling unit is considered a non- conforming use in the C-C zoning district per UDC Table 11-2B-2. The Applicant intends to retain the existing home while renovating the old detached garage situated behind the home. Additionally, the Applicant has future plans to potentially construct an Accessory Dwelling Unit or Live/Work structure at a later date. Access: Access is provided via N. Meridian Road, an arterial street, via a fully improved “U” shaped driveway. This driveway does not adhere to the ACHD District’s guidelines for successive driveways in terms of alignment or offset, as it falls short of the minimum of 330 feet separation from any existing or proposed driveway, and is not located a minimum of 355-feet away from the nearest intersection. Since the applicant is not intensifying or changing the use of the property staff and ACHD are supportive of the driveway configuration remaining for the residential use. Per UDC 11-3A-3 when a property takes access from an arterial street and prior to any new, expanded, or extended use or development of the property, to adjoining properties, the property owner is required to grant cross access. Further, this requirement may extend to residential properties where the use is anticipated to change to a nonresidential use. As noted above, the property owner intends to expand the site in the future. Since the property abuts several underdeveloped properties and there is the potential for further expansion on the property, Staff believes cross access is warranted, but identifying which properties and the exact location for the shared driveways will be determined when actual development is proposed for the property. This may include closing one or both driveways. Staff recommends that in the event the property intensifies or redevelops in the future, the Applicant should provide cross/access to the neighboring properties located to the south, north, and east to eliminate the need for multiple accesses off an arterial roadway within close proximity in accord with UDC 11-3A-3. Parking: The existing home has a driveway off of Meridian Road that contains a 20’ x 20’ parking pad and a two-car garage. In reviewing the County Assessor’s records, it appears the home currently has three bedrooms. Therefore, the parking provided on-site meets the minimum requirements of 11-3C-6. Sidewalks: There is an existing 7-foot wide attached sidewalk on Meridian Road along the existing property frontage that is consistent with ACHD’s district policy for arterial roads with the exception of dedicated right-of-way; therefore, additional right-of-way dedication totaling 96-feet on Meridian Road abutting the site should be required as part of a future application. Based on ACHD’s recommendation of approval, Staff recommends that the Applicant provide a permanent right-of-way easement for 2 feet behind the back of the sidewalk for any sidewalk placed outside of the dedicated right-of-way. Landscaping: A landscape buffer is not required for a single-family dwelling unit in the O-T zoning district. The UDC does not regulate landscaping on residential lots. However, the existing house is currently setback approximately 30 feet from Meridian Road leaving several areas in front of the residence that could be landscaped to enhance the streetscape along Meridian Rd. Staff believes the street frontage should be landscaped with a mix of trees, shrubs, lawn, hardscapes, and/or a water-conserving design in accord with UDC 11-3B-7C. Building Elevations: The existing building consists of stucco, brick, and asphalt roof shingles. A Design Review application is not required for single-family dwellings; however, when the property redevelops to commercial use in the future, a Design Review application will be required. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Dave Petsche, Owner ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. None Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0039, as presented in the staff report for the hearing date of October 17, 2023: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0039, as presented during the hearing on October 17, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0039 to the hearing date of October 17, 2023 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting October 17, 2023 Item #2: AERIAL MAPZONING MAPFUTURE LAND USE MAP 0039) -2023-Rezone (HPetsche Annexation Legal Description & Map Site Map Elevations of Existing Home W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Petsche Rezone (H-2023-0039) by Tammy Petsche, located at 1508 N. Meridian Rd. Application Materials: https://bit.ly/H-2023-0039 A. Request: Rezone of 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of facilitating the remodeling of the existing garage associated with the existing family residence. PUBLIC HEARING SIGN IN SHEET DATE: October 17, 2023 ITEM # ON AGENDA: 2 PROJECT NAME: Petsche Rezone (H-2023-0039) } Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 3 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT czw w IDIAN=-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING October 17,2023 rL�e tgend 0 DATE: !Project Location E-FA I R'V'I EW =A V�Ew� TO: Mayor and City Council � f FROM: Stacy Hersh,Associate Planner oi 208-884-5533 SUBJECT: Petsche Rezone N H-2023-0039 Z- o a W LOCATION: 1508 N. Meridian Road(Parcel z #R6129020611) z �° . 1 Uri �. I. PROJECT DESCRIPTION - Request to rezone 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of remodeling the existing detached garage and transitioning the property's current existing single-family detached residential use from non-conforming to conforming. A. Project Summary Description Details Page Acreage Rezone-0.60 Future Land Use Designation Old Town Existing Land Use(s) Single-family residential Proposed Land Use(s) Single-family residential Lots(#and type;bldg./common) 1 lot Phasing Plan(#of phases) NA Physical Features(waterways, No unique physical features hazards,flood plain,hillside) Neighborhood meeting date;#of June 13,2023 attendees: History(previous approvals) None Pagel B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access occurs from N.Meridian Road Hwy/Local)(Existing and Proposed) Stub Street/Interconnectivity/Cross I Access Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Improvements No road improvements are required. Fire Service No comments Police Service No comments Wastewater • Comments • No changes to public sewer infrastructure shown in records.Any changes need to be approved by public works. Water Distance to Water Services • No changes to public water infrastructure shown in records.Any changes need to be approved by public works. C. Project Area Maps Future Land Use Map Aerial Map Legend Commercial0 Legend Project Location Pro'ect Location —r, 0 E_FAIRVIE_W AV,E _. D'lensity r ti: - E-r '- E-FA I R4V�1 EW�A , IEi i G� 1 Resid11 ential p r q s C �WELM .� Z = 17 -:� ,�WE Ln AVE o Old �. ' a o - v d#t, 3 Town a r- r s � n � � . z W �w iz—Nk T-7 MAPLE::E .&PLE ::E Z .: AVE Z z- W CHERRY AVE _ AvE LL LW-1Li CIYI6 - Page 2 Zoning Map Planned Development Map Legend hi-IJ 0Legend 0Project LocationProject Location AV_� E-F_'A_I_RVIEW E-r E-PAIR'VIE A_W AVE O-T R-8- City Limits Planned Parcels C=G In R-40 0 C G O-T L N N A W R4 AVE o �o MAPLE� O-T z R-8r � � z AVE Z O-T Z O-T -0 L-O R-15 R-15 O-T O-T O, C-C L-O II. APPLICANT INFORMATION A. Applicant: Tammy Petsche, Owner—3554 E. Presidential Drive,Meridian, ID 83642 B. Owner: Same as above. Ill. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 9/05/2023 10/01/2023 Radius notification mailed to properties within 500 feet 8/31/2023 9/29/2023 Sign Posting 9/10/2023 10/5/2023 Nextdoor posting 9/5/2023 9/28/2023 IV. COMPREHENSIVE PLAN(HTTPS://WWW.MEPJDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Old Town(O-T) on the Future Land Use Map(FLUM). This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices,retail and lodging,theatres,restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings,new construction of multi-family residential over ground floor retail or office uses. Page 3 Proposed Use: The purpose of the request for rezoning is to facilitate the renovation of the existing detached garage while retaining the property's current residential use. Furthermore,rezoning to O-T would allow the Applicant to submit building permit applications for constructing a new building and making structural modifications to the existing building without obtaining a Conditional Use Permit for each proposed improvement to the site. A single-family detached dwelling unit is considered a non-conforming use in the C-C zoning district per UDC Table 11-2B-2. The Applicant intends to retain the existing home while renovating the old detached garage situated behind the home. Additionally,the Applicant has future plans to potentially construct an Accessory Dwelling Unit or Live/Work structure at a later date. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /�compplan): Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • Encourage diverse housing options suitable for various income levels,household sizes, and lifestyle preferences. (2.01.01) This application is for rezoning from C-C to O-T to allow the Applicant to remodel the existing garage and maintain the existing home as a conforming residential use. This would allow for more diversity in housing within the area. • Maintain a range of residential land use designations that allow diverse lot sizes,housing types, and densities. (2.01.01 C) The existing home contributes to the diversity in lot sizes, housing types, and densities within the surrounding area. • Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map. (2.02.01E) The subject property is an existing site situated near the downtown core. It falls within a large area that is designated for Old Town zoning as outlined by the Comprehensive Plan near N. Meridian Rd., a principal arterial, and is within walking distance of a large amount of goods, services, and employment. • Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. and densities. (3.03.03A) This project is currently serviced by City of Meridian water and sewer. Based on the analysis above,staff finds the proposed development is consistent with the Comprehensive Plan. V. UNIFIED DEVELOPMENT CODE(UD The proposed use, single-family detached dwelling unit is listed as a principally permitted use in the O-T(Old Town)zoning district per UDC Table 11-2C-2.Compliance with the standards listed in UDC 11-2D-3 and 11-2D-4 is required. Page 4 VI. STAFF ANALYSIS Rezone(RZ): The Applicant is requesting to rezone 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of remodeling the existing detached garage and transitioning the property's current existing single-family detached residential use from non-conforming to conforming. A legal description and exhibit map for the rezone area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application,Staff recommends a DA is required with this application, containing the provisions noted in Section IX., as discussed herein. Dimensional Standards(UDC11-2): There are no minimum setbacks in the O-T zoning district. The existing home meets all dimensional standards for the O-T zoning district. Access(UDC 11-3A-3): Access is provided via N. Meridian Road,an arterial street,via a fully improved"U"shaped driveway. This driveway does not adhere to the ACHD District's guidelines for successive driveways in terms of alignment or offset,as it falls short of the minimum of 330 feet separation from any existing or proposed driveway,and is not located a minimum of 355-feet away from the nearest intersection. Since the applicant is not intensifying or changing the use of the property staff and ACHD are supportive of the driveway configuration remaining for the residential use.Per UDC 11-3A-3 when a property takes access from an arterial street and prior to any new,expanded,or extended use or development of the property,to adjoining properties,the property owner is required to grant cross access.Further,this requirement may extend to residential properties where the use is anticipated to change to a nonresidential use.As noted above,the property owner intends to expand the site in the future. Since the property abuts several underdeveloped properties and there is the potential for further expansion on the property, Staff believes cross access is warranted,but identifying which properties and the exact location for the shared driveways will be determined when actual development is proposed for the property. This may include closing one or both driveways. Staff recommends that in the event the property intensifies or redevelops in the future,the Applicant should provide cross/access to the neighboring properties located to the south,north,and east to eliminate the need for multiple accesses off an arterial roadway within close proximity in accord with UDC 11-3A-3. Parking(UDC 11-3C): The existing home has a driveway off of Meridian Road that contains a 20' x 20' parking pad and a two-car garage. UDC 11-3C-6 requires 4 parking spaces for a three and four-bedroom home, at least two in an enclosed garage, other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. In reviewing the County Assessor's records,it appears the home currently has three bedrooms. Therefore,the parking provided on-site meets the minimum requirements of 11-3C-6. Sidewalks(UDC 11-3A-1 : There is an existing 7-foot wide attached sidewalk on Meridian Road along the existing property frontage that is consistent with ACHD's district policy for arterial roads with the exception of dedicated right-of-way; therefore, additional right-of-way dedication totaling 96-feet on Meridian Road abutting the site should be required as part of a future application. Based on ACHD's recommendation of approval, Staff recommends that the Applicant provide a permanent right-of- way easement to 2 feet behind the back of the sidewalk for any sidewalk placed outside of the dedicated right-of-way. Page 5 Landscaping(UDC H-3B): A landscape buffer is not required for a single-family dwelling unit in the O-T zoning district. The UDC does not regulate landscaping on residential lots.However, the existing house is currently setback approximately 30 feet from Meridian Road leaving several areas in front of the residence that could be landscaped to enhance the streetscape along Meridian Rd. Staff believes the street frontage should be landscaped with a mix of trees,shrubs, lawn, hardscapes, and/or a water- conserving design in accord with UDC 11-3B-7C. Fencing(UDC 11-3A-6,11-3A-71 There is not existing fencing on the property. There is an existing CMU wall on the south side of the property.Any new or relocated fencing should comply with fencing regulations per UDC 11-3A-7. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C unless otherwise approved through alternative compliance. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting;the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C. Building Elevations: The existing building consists of stucco,brick, and asphalt roof shingles. A Design Review application is not required for single-family dwellings,however, when the property redevelops to commercial use in the future, a Design Review application will be required. A Certificate of Zoning Compliance application is required to be submitted for approval for future re-development for commercial uses on this site to ensure compliance with UDC standards and development provisions associated with this application. VII. DECISION A. Staff Staff recommends approval of the proposed rezone from C-C to O-T per the Findings in Section X of this report with the inclusion of a Development Agreement. B. The Meridian Planning&Zoning Commission heard these items on September 21,2023. At the public hearing,the Commission moved to recommend approval of the subject Rezone request. 1. Summary of Commission public hearing_ a. In favor: Dave Petsche, Owner b. In opposition:None C. Commenting. None d. Written testimony: None e. Staff presenting application: Linda Ritter,Associate Planner f Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)for City Council: a. None Page 6 VIIL EXHIBITS A. Rezoning Legal Description and Exhibit f'iLJl..l ENGERRIT;50NLANf)SURVEY25, PLLC. 2251 S. Sumac Street,Base, Idaho 83706 Tefeahone(206) 859-6032 mikea@eisuNeys.com 26 June 2023 Revised:26 July 2023 ELS Project No.230616-Tammy Petsche Land description for Rezone Reference Warranty teed Instrument No.20 1 9-1 1 5758 Contains 26,284 square feet more or less EXHIBIT A A portion of land within Block 5 of F.A.Nourse's Third Addition to Meridian(a recorded plat in Book 6 at page 269 of Ada County records)within a portion of the NE'l of Section 7,T.3 N.,R.1 E„B.M.,City of Meridian,Ada County, Idaho more particularly described as folrows: Commencing at a found Brass Cap monument marking the Northwest corner cf said Section 7 frorn which a found Brass Cap rnwumenl marking the West X comer of said Section bears 5 VDIl'00"E a distance of 2051.94 feet,thence southerly along the west boundary line of said Section S 00°00'00"E a distance of 621.20 reet to the POINT OF BEGINNING, Thence easlerly perpendicular to said Section line N 90'00'00"E a distance of 263.60 feet to a found iron pin; Thence southerly parallel to said Section line S 00`00'00°E a distance of 106-20 feet to a found iron pin on the South line of said Block 5; Thence westerly along said South line N 9YOU01Y W a distance of 73.60 Feet to a found square fence post set in concrete: Thence northerly perpendicular to said South tine and parallel to said Section line N 00'00'00'W a distance of 9.0.0 feet to a paint; Thence parallel to and 9.O0 feet northerly of said South line N 90*'W'00"W a distance of 190.00 feel to a point on said Section line, Thence northerly along said Section line N OD"OOUr 4V a distance of 97.20 feet to the POINT of BEGINNING The above-described tract of land contains 26,284 square feet more or less subject to all existing easements and rights-of- way. K:tiEISVNoiects%2U23T30616VWmin"galstiEXH A Redone description 062623.doc Page 7 F —le N. MERIDIAN ROAD 4 BASIS OF' BFARfNG 1 N 00'00'00" W 2651,94' _ 97.20' 1933.54' 62J.20" -4 CA �1 1a ACHD R/W972, 1 o ❑ k� o c N p c e ' o,O �I Y s �C.3rn � KO Ck o � 97.20' o Q:t D rn rnDu C-A 06.20' �+ imp r -40 rn rn S;D.Co _ CN ca m � v O � rn -n Opp Owhl , . 7s 7n& < Ot 1p G *� Page 8 � r I �► r. i R k r s 14 f r � �J • 4 � ji a L 1 � u_ IX. CITY/AGENCY COMMENTS A. PLANNING 1. Rezone 1.1 A Development Agreement(DA) is required as a provision of rezone of this property. Prior to approval of the rezone ordinance,a DA shall be entered into between the City of Meridian,the property owner(s) at the time of rezone ordinance adoption, and the owner. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions IF City Council determines rezone is in the best interest of the City: a. The development shall comply with all provisions of the O-T zoning district as set forth in UDC 11-2D. b. Applicant shall comply with the access to street standards set forth in UDC 11-3A-3. The existing driveway may remain as long as the home and site are not expanded. With a future Certificate of Zoning Compliance Application,the applicant will be required to grant cross access to one or more of the adjoining properties(Parcel#'s R6129020630,R6129020520, R6129020650, and R6129020570) for future interconnectivity which may include the closure of one or both existing accesses to Meridian Road as determined by the Director. c. The Applicant shall install landscaping along the Meridian Road frontage to include trees, shrubs,lawn,hardscapes, and/or a water-conserving design in accord with UDC 11-3B-7C. d. Applicant shall comply with the ordinances in effect at the time of application submittal. B. NAMPA MERIDIAN IRRIGATION DISTRICT https://weblink.meridiancitE.org WWebLink/DocView.aspx?id=291420&dbid=0&repo=MeridianCiU& cr=1 C. IDAHO TRANSPORTATION DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=292380&dbid=0&repo=MeridianCitX D. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink meridianciV.org/WebLink/Doc View.aspx?id=291615&dbid=0&repo=MeridianCitX E. ACHD https://weblinkmeridiancity.org/WebLink/DocView.aspx?id=291016&dbid=0&repo=MeridianCitX X. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Page 13 Staff finds the proposed zoning map amendment to rezone the property from the C-C zoning district to the O-T zoning district is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Staff finds the proposed zoning map amendment complies with the regulations outlined in the requested Old Town designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Stafffinds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 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; and Staff finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Subject site is already annexed so staff finds this finding nonapplicable. Page 14 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for 2023 UDC Text Amendment (ZOA-2023-0001) by City of Meridian Planning Division Application Materials: https://bit.ly/ZOA-2023-0001 A. Request: Text Amendment to add new text and figure to UDC 11-213-3A.3 to allow a maximum building height of one hundred (100) feet when a property is located withing seven hundred and fifty feet (750') of the 1-84 right of way in certain commercial districts. Proposed UDC Text Amendment UDC Section Topic Reason for Change Proposed Change 11-2B-3A.3 Standards City is receiving more requests 3. Maximum height limit. for height exceptions in certain locations. This is adding a new a. The maximum height limitations shall not apply to the following architectural features not provision to the code to allow intended for human occupation. steeple, belfry, cupola, chimney. Such architectural features shall taller buildings in appropriate have a maximum height limit of twenty (20) feet as measured from the roofline. locations. b. The maximum height limitations shall not apply to the following: spire; 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 takeoff of aircraft in an established airport. d.Additional height not to exceed twenty (20) percent 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 (10) percent 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 (20) percent of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with subsection (A)(3)d of this section requires approval through a conditional use permit. f.A maximum building height of one hundred 100 feet shall be allowed for properties that are within seven hundred fifty 750 feet of I-84 right of way in the C-C. C-G M-E, and H-E zoning districts see Figure 1 below Figure 1: 100-foot Height Allowance Buffer Adjacent to I-84 Right of Way TFRANKLIN - W -- x +■ O QOe L9 g err y U O 7/; i OVERLAND W W Q � � v 1- o_IJ7 4� i a (� LOU,O, �+ Ui m W lei■40 Z O () J � Legend r VICTORY r.-E AOCI rrD Right-of-Way(ROW) r 750-foot ITS ROW Buffer 0 0.5 1 Print DnFe:8/25/2023 mommomm==Miles 0 DATE: 10/17/2023 1 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance 23-2038: An ordinance amending the title of Title 3, Meridian City Code, to be "Licenses and Permits"; amending the title of Title 3, Chapter 1, Meridian City Code, to be "General Licensing and Permitting Provisions"; amending Meridian City Code section 3-1-1, regarding licenses or permits required; adding Meridian City Code section 3-1-4, regarding notice and effective date of issuance, denial, or revocation of licenses and permits; adding Meridian City Code section 3-1-5, regarding appeal of denial, conditions, or revocation of licenses and permits; repealing and Replacing Title 3, Chapter 8, Meridian City Code, regarding fireworks; adding a new chapter, Chapter 4, to Title 4, Meridian City Code, regarding burning regulations; repealing Chapters 1, 3, and 4 of Title 5, Meridian City Code, formerly regarding fire department, clean air regulations, and fireworks; repealing conflicting ordinances; and providing an effective date. C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: October 17, 2023 Presenter: Emily Kane, Deputy City Attorney Estimated Time: .5 minutes Joe Bongiorno, Deputy Chief of Fire Prevention Ordinance no. 23 - : An ordinance amending the title of Title 3, Meridian City Code, to be "Licenses and Permits"; amending the title of Title 3, Chapter 1, Meridian City Code, to be "General Licensing and Permitting Provisions"; amending Meridian City Code section 3-1-1, regarding licenses or permits required; adding Meridian City Code section 3-1-4, regarding notice and effective date of issuance, denial, or revocation of licenses and permits; adding Topic: Meridian City Code section 3-1-5, regarding appeal of denial, conditions, or revocation of licenses and permits; repealing and Replacing Title 3, Chapter 8, Meridian City Code, regarding fireworks; adding a new chapter, Chapter 4, to Title 4, Meridian City Code, regarding burning regulations; repealing Chapters 1, 3, and 4 of Title 5, Meridian City Code, formerly regarding fire department, clean air regulations, and fireworks; repealing conflicting ordinances; and providing an effective date. Recommended Council Action: Adopt proposed ordinance. Background: As discussed with City Council at its September 26, 2023 work session,the City Attorney's Office worked with Deputy Chief of Fire Prevention Joe Bongiorno, as well as the Meridian Police Department and City Clerk's Office,to prepare the attached updates to City Code provisions related to General Licensing and Permitting Provisions, fireworks permitting and regulation, and burning regulations. CITY OF MERIDIAN ORDINANCE NO. 23-2038 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE AMENDING THE TITLE OF TITLE 3, MERIDIAN CITY CODE, TO BE "LICENSES AND PERMITS"; AMENDING THE TITLE OF TITLE 3, CHAPTER 1, MERIDIAN CITY CODE, TO BE "GENERAL LICENSING AND PERMITTING PROVISIONS"; AMENDING MERIDIAN CITY CODE SECTION 3-1-1, REGARDING LICENSES OR PERMITS REQUIRED; ADDING MERIDIAN CITY CODE SECTION 3- 1-4, REGARDING NOTICE AND EFFECTIVE DATE OF ISSUANCE, DENIAL, OR REVOCATION OF LICENSES AND PERMITS; ADDING MERIDIAN CITY CODE SECTION 3-1-5, REGARDING APPEAL OF DENIAL, CONDITIONS, OR REVOCATION OF LICENSES AND PERMITS;REPEALING AND REPLACING TITLE 3, CHAPTER 8, MERIDIAN CITY CODE, REGARDING FIREWORKS; ADDING A NEW CHAPTER, CHAPTER 4, TO TITLE 4, MERIDIAN CITY CODE, REGARDING BURNING REGULATIONS; REPEALING CHAPTERS 1, 3, AND 4 OF TITLE 5, MERIDIAN CITY CODE, FORMERLY REGARDING FIRE DEPARTMENT, CLEAN AIR REGULATIONS, AND FIREWORKS; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Deputy Chief of Fire Prevention has recommended the following updates to the Meridian City Code provisions regarding burning and fireworks, in order to remove provisions that are redundant or conflicting with related provisions set forth in Idaho Code or the International Fire Code; WHEREAS,the City Council of the City of Meridian find the following updates to Meridian City Code to serve the safety and welfare of the public; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY,IDAHO: Section 1. That the title of Title 3, Meridian City Code, shall be amended as follows: TITLE 3 -BUSINESS AND LICENSE REGULATIONS LICENSES AND PERMITS Section 2. That the title of Title 3, Chapter 1, Meridian City Code, shall be amended as follows: CHAPTER 1. - GENERAL LICENSING AND PERMITTING PROVISIONS GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 1 Section 3. That Meridian City Code section 3-1-1 shall be amended as follows: 3-1-1. -Licenses or permits required. A.License or permit required. No person shall engage in or carry on any trade, business, profession, or activity within the limits of the city for which a license or permit is required by this title, or by any ordinance of the city, without a current, valid license or permit required for that trade, business, profession, or activity. B.Display of invalid license or permit prohibited. No person shall display, wear, or assert the validity of a license or permit required by the City of Meridian where such permit or license has been denied, revoked, expired, or otherwise invalidated. C. Penalty.A violation of this section shall be a misdemeanor„ �.tmish b le by stie, fine and/of provision of this ehapter- shall be subjeet to any and all other-appheable administ-Fative, , „a per eivil penalties. Each day upon or portion of a day during-which a violation of this section continues or occurs may be deemed a separate and distinct violation. Section 4. That Meridian City Code section 3-1-3 shall be repealed, and replaced with language to read as follows: 3-1-3.—Designees. A. City Clerk's designee. For purposes of this title only, any duty imputed to the City Clerk may be fulfilled by the City Clerk's duly authorized designee or designees. Any reference in this chapter to the City Clerk shall also signify a reference to the City Clerk's designee or designees. B.Department designee. For purposes of this title only, any duty imputed to a City department or the director thereof may be fulfilled by such department's or director's duly authorized designee or designees. Any reference in this chapter to a City department or City department director shall also signify a reference to such department's or director's designee or designees. Section 5. That two new sections shall be added to Meridian City Code, Meridian City Code sections 3-1-4 and 3-1-5, to read as follows: 3-1-4.—Notice and effective date of issuance, denial, or revocation of licenses and permits. A. Content of notice. The City Clerk shall notify the permittee of permit issuance, denial, or revocation in writing. Notice of denial or revocation shall include the grounds for such decision, and notice of the right to appeal such decision, if any. No right to appeal shall attach where the grounds for the City Clerk's decision are that the applicant failed to timely submit a complete application. B.Effective date. The effective date of the City Clerk's issuance, denial, or revocation of a license or permit shall be the date the City Clerk mails notice of same via U.S. Mail,personally GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 2 delivers notice of same to the applicant, licensee, or permittee, or e-mails notice of same to the applicant, licensee or permittee. C.Address. An applicant's, licensee's, or permittee's mailing address,physical address, or e- mail address, for purpose of receiving notice of issuance, denial, or revocation of a license or permit, or any other notice from the City regarding such license or permit, shall be that provided on the application submitted to the City Clerk. If the applicant's, licensee's, or permittee's mailing address,physical address, or e-mail address changes, it shall be that person's responsibility to provide the current information to the City Clerk. 3-1-5.—Appeal of denial, conditions, or revocation of licenses and permits. A. Appeal requirements. 1. Appeal of a decision of the City Clerk to deny, revoke, or condition a license or permit shall comply in all regards with the following: a. The appeal shall be made by the applicant, licensee, or permittee, or such person's attorney. b. The appeal shall be delivered to the City Clerk in accordance with the time periods set forth in the applicable provision set forth in this Title. c. The appeal shall be delivered to the City Clerk via U.S. Mail, e-mail, or in person. d. The appeal shall be received by the City Clerk no later than fourteen(14) days following the effective date of the notice of denial, revocation, or issuance of the license or permit. e. The appeal shall be in writing. f. The appeal shall state the reasons for such appeal. 2. No person may appeal the action of the City Clerk where the grounds for such action were that the applicant: a. Failed to timely submit a complete application; b. Failed to timely submit required application materials or fees; or c. Is disqualified from holding the license or permit sought due to a criminal conviction, incarceration, or probation or parole violation,under the applicable provisions set forth in this Title. B. City Clerk action on conforming appeal. Upon receipt of an appeal that conforms to the appeal requirements set forth in this section, the City Clerk shall schedule the appeal for City Council review at the next City Council meeting at which the matter may be duly noticed. C. City Clerk action on defective appeal. If a submitted appeal does not meet the appeal requirements set forth in this section, City Council shall not hear the appeal, and the City Clerk's issuance, denial, or revocation of the license or permit shall be a final decision. D. City Council decision. On the date and time duly noticed for an appeal to City Council, the applicant, licensee, or permittee, or such person's attorney, and the City Clerk, may make a brief statement to City Council and/or present records related to the appeal. After consideration of the testimony and records presented, City Council shall either affirm, reverse, or modify the City Clerk's action on the license or permit application. City Council shall reverse or modify the City GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 3 Clerk's action only where substantial evidence demonstrates that such action was erroneous or violated the procedures set forth in this section. City Council's decision on an appeal filed pursuant to this section shall be a final decision. Section 6. That Title 3, Chapter 8, Meridian City Code, shall be repealed, and replaced with language to read as follows: CHAPTER 8. -FIREWORKS 3-8-1. -Definitions. For the purposes of this chapter, the following words and phrases, and derivations thereof, shall be defined as follows: A. Caretaker unit means a recreational vehicle or motor vehicle parked at the site of an operation for the purpose of providing security for the operation during nonbusiness hours. B. Dangerous fireworks means all fireworks other than nonaerial common fireworks. C. Fireworks means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty- five hundredths (.25) of a grain or less of explosive substance. D. Nonaerial common fireworks means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen-foot diameter circle or emit sparks or other burning material which land outside a twenty-foot diameter circle or above a height of twenty(20) feet. Nonaerial common fireworks shall not include firecrackers,jumping jacks, or similar products. E. Flame effects shall be defined as set forth in NFPA 160, Standard for the Use of Flame Effects Before an Audience. F. NFPA means the National Fire Protection Association. G. Operation means a business, whether formally or informally organized, in at which the operator sells fireworks. H. Operator means any person, sole proprietor, partnership, or corporation selling fireworks at retail. This definition shall include such operator's agents, employees, partners, and officers. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 4 I. Permittee means the person to whom a nonaerial common fireworks permit or public fireworks display permit is issued pursuant to this chapter. J. Public fireworks display means the discharging of fireworks or use of flame effects in a manner that produces a visible or audible effect, whether outdoors or indoors. K. Short-term storage container means any container, including, but not limited to, a temporary fireworks stand, tent, truck, trailer, vehicle, fully enclosed intermodal container, shed, garage, barn, outbuilding, or other permanent or temporary structure, that is used for the storage of fireworks. L. Summer sales and use period means from midnight on June 23 to midnight on July 5. M. Temporary fireworks stand means a temporary stand, booth or tent from which nonaerial common fireworks are sold and/or offered for sale. N. Temporary sign means a sign, and/or any device, fixture, placard, or structure which: 1. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a temporary fireworks stand; and 2. Is not permanently mounted or secured. O. Winter sales and use period means from midnight on December 26 to midnight on January 1. 3-8-2.—Fireworks sales -Permit requirements. A. Permit required. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall offer for sale, possess or store for the purpose of sale, sell, cause to be offered for sale, cause to be possessed or stored for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose. A separate permit shall be held for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale. A nonaerial common fireworks permit issued pursuant to this chapter shall be valid for only the specific dates and location designated in the permit, and shall be nontransferable. B. Application. Application for a nonaerial common fireworks permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. A separate application shall be filed for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale. Such application shall include, but shall not necessarily be limited to, the following: 1. Applicant's name and date of birth. 2. Physical and mailing addresses of applicant's home and business. 3. Name and address of applicant's registered agent in the state of Idaho for service of process. 4. Physical address and description of each and every location at which fireworks are to be stored. 5. Dates during which fireworks are to be stored. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 5 6. Physical address and description of any and all locations at which fireworks are to be sold and/or offered for sale. 7. Dates during which fireworks are to be sold and/or offered for sale. 8. A site plan, which shall include a description of all of the following on the parcel on which the fireworks stand and short-term storage container is to be placed, and on adjacent parcels. a. Location, type, and dimensions of any temporary fireworks stands, short-term storage containers, and/or caretaker units; b. Parking areas; c. Vision sight triangle, if located on a corner; d. Waste receptacles or garbage cans; e. Location and type of electrical sources; f. Location and dimensions of temporary signs; g. Vehicle fuel dispensing stations or tanks; h. Flammable and combustible liquid or gas aboveground tank storage i. Combustible storage; j. Permanent or temporary generators; k. Location and type of portable fire extinguishers; 1. Means of ingress, egress, and discharge paths to and from the site; and in. Permanent and temporary buildings. 9. Application fee for each operation for which a permit is sought. 10. Other inspection and permitting fees as may be applicable. 11. Proof of an insurance policy, issued by an insurance company authorized to do business in Idaho, covering all claims which may arise from or in connection with the public fireworks display. Such insurance shall afford minimum limits of one million dollars ($1,000,000.00) for each occurrence of bodily injury and property damage, and one million dollars ($1,000,000.00) general aggregate for general liability. C. Application review and inspections. The City Clerk shall request that the Fire Chief review the application and conduct a site inspection at each operation, in order to determine: 1. Whether the operation, as proposed, will be conducted in compliance with this chapter and any other applicable laws; and 2. Whether issuance of such permit to applicant will likely endanger the health, safety, and/or welfare of persons or property. D. Application deadlines. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the summer sales period shall be filed with the City Clerk on or before June 1, or the next business day if such date falls on a nonbusiness day. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the winter sales period shall be filed with the City Clerk on or before December 1, or the next business day if such date falls on a nonbusiness day. E. Action on application. Upon completion of staff review, but no later than fourteen (14) calendar days from the date of submission of the completed application and all application GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 6 materials required by this subsection, the City Clerk shall either issue and provide the license to the applicant or deny the application. F. Grounds for denial. The City Clerk shall deny an application for a nonaerial common fireworks permit if: 1. The application is incomplete or required application materials or fees have not been submitted. 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete. 3. The City has revoked from applicant a nonaerial common fireworks permit issued pursuant to this chapter, in the preceding one (1) year. 4. The Fire Department reports that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter; or b. Use of such permit will constitute an unreasonable hazard to persons or property. G. Denial procedure. The City Clerk shall notify the applicant of the denial of an application for a nonaerial common fireworks permit as set forth in Title 3, Chapter 1, Meridian City Code. H. Appeal of denial. Appeal of the City Clerk's denial of an application for a nonaerial common fireworks permit may be made by the applicant as set forth in Title 3, Chapter 1, Meridian City Code. I. Content. The City of Meridian nonaerial common fireworks permit issued by the City Clerk shall include: 1. The name of the individual licensed to operate within the City under such license. 2. The dates during which such license is valid. 3. Any conditions of operation that, in addition to those set forth in this chapter, are necessary to protect the public health, safety, and welfare. J. Grounds for revocation. In addition to any and all other applicable civil or criminal penalties, the City Clerk or the Fire Chief may revoke a nonaerial common fireworks permit issued pursuant to this chapter where: 1. The operator or any party operating under such permit conducts a use, condition, and/or activity not allowed under the terms of the permit, or violates a term, condition, or limitation of the permit or of this chapter. 2. The permit is used by a different operator or operation than to whom or which it was issued. 3. The permit was issued in error or in violation of any ordinance or law. 4. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 5. The permittee fails to comply with any provision of law, including,but not limited to, this chapter. 6. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 7 K. Revocation procedure. Revocation of a nonaerial common fireworks permit shall be effective pursuant to one (1) of the following procedures: 1. The City Clerk may notify the licensee or permittee of the revocation of a nonaerial common fireworks permit as set forth in Title 3, Chapter 1, Meridian City Code. 2. The Fire Chief may summarily revoke the permit at any time,where the Fire Chief finds grounds therefor as set forth in this chapter, which revocation shall be effective immediately upon verbal notice to the operator or any party operating under such permit. Within one (1)working day of such summary revocation, the Fire Chief or City Clerk shall send a written statement of such revocation and the grounds therefor as set forth in Title 3, Chapter 1, Meridian City Code. L. Appeal of revocation. Appeal of a revocation of a nonaerial common fireworks permit may be made by the permittee as set forth in Title 3, Chapter 1, Meridian City Code. M. Nontransferable. A nonaerial common fireworks permit is not transferable or assignable. N. Expiration. Unless earlier revoked, a nonaerial common fireworks permit shall expire at the end of the sales and use period in which it was issued. 3-8-3.—Fireworks sales—specific standards and regulations. In addition to the applicable provisions of the version of the International Fire Code currently in effect, the following provisions shall apply to each and every operation. Where the provisions of the International Fire Code and the provisions of this section conflict, the provisions of this section shall apply. A. No sales without permit. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall offer for sale,possess for the purpose of sale, sell, cause to be offered for sale, cause to be possessed for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose. B. One per parcel. Only one (1)temporary fireworks stand shall be allowed per parcel. C. Set up and removal. Temporary fireworks stands used during the summer sales period shall not be in place before June 15 and shall be removed by 12:00 p.m. (noon) on July 6. Temporary fireworks stands used during the winter sales period shall not be in place before December 15, and shall be removed by 12:00 p.m. (noon) on January 3. D. Sales periods. The sale, storage, possession for purposes of sale, and/or possession for purposes of storage of nonaerial common fireworks is prohibited at all times, except that: 1. Nonaerial common fireworks may be possessed, sold, and/or stored during the summer sales period or the winter sales period so long as such possession, sale, and/or storage complies with a nonaerial common fireworks permit validly issued pursuant to this chapter and all regulations set forth in this chapter. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 8 2. Persons holding a public fireworks display permit may possess and/or store nonaerial common fireworks pursuant to the terms of a public fireworks display permit validly issued pursuant to this chapter and all regulations set forth in this chapter. E. Caretaker unit. One (1) caretaker unit may be allowed per permitted operation site and shall be used only for the purpose of security of an operation. Such caretaker unit shall be located a minimum of twenty-five (25) feet from any temporary fireworks stand or short-term storage container. Caretaker units used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after 12:00 p.m. (noon) on July 6. Caretaker units used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after 12:00 p.m. (noon) on January 3. Only a recreational vehicle or motor vehicle may be used as a caretaker unit. A tent shall not be used as a caretaker unit. F. No sales in residential districts. The sale of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code. G. No sales in right-of-way. Nonaerial common fireworks and/or related merchandise shall not be sold or offered for sale, structures or signs shall not be erected, and/or business shall not be conducted within the public right-of-way. H. Access. No entrance and/or exit drive providing ingress or egress to an operation shall cause a traffic hazard or nuisance. Operators shall comply with all rules and standards for roadway access as established by the transportation authority. I. Parking. No operation shall sell or offer for sale nonaerial common fireworks at a location lacking adequate off-street parking upon asphalt or other dustless material. Inadequate parking shall include displacement of off-street parking spaces or loading areas serving the site's permanent and/or primary use(s). J. Equipment. Compressors, fans, pumps, and/or other motorized equipment utilized by an operation shall be located and/or shielded in a manner that prevents unreasonable noise. K. No permanent structures. No person shall construct, or cause to be constructed, or use any permanent structure for the sale and/or offering for sale of nonaerial common fireworks. No operator may sell or offer for sale nonaerial common fireworks from or in a permanent structure. L. Minimum age. During business hours, each and every operation shall be staffed by at least one (1)person who is twenty-one (21) years of age or older. No person under sixteen(16) years of age shall be allowed in the nonpublic areas of a temporary fireworks stand. M. No sales to persons under sixteen. No operator shall sell fireworks to any person who is under the age of sixteen(16) years unless such person is accompanied by a parent or legal guardian. The burden of verifying the age of purchasers of fireworks shall be borne by the operator. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 9 N. Signs. The operator may post up to two (2)temporary signs on the property on which the temporary fireworks stand is located, with an area not to exceed six (6) square feet each. Any and all temporary signs identifying, promoting, advertising, or directing patrons to an operation shall be removed within twenty-four(24) hours of the end of the applicable sales and use period. O. Operation requirements. Operators shall comply with, and, as applicable, shall be responsible for their employees', volunteers', patrons', and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands: 1. Any and all temporary fireworks stands shall comply with all applicable provisions of this Code, including, but not limited to, the Unified Development Code, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits. 2. No temporary fireworks stand shall have a floor area in excess of seven hundred(700) square feet. 3. Any and all temporary fireworks stands shall have exit doors at least thirty(30) inches wide at both ends of the temporary fireworks stand and one (1) additional door for each thirty-two feet of rear wall in excess of thirty-two (32) feet. All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, unopenable, inaccessible, or malfunctioning. 4. Operators shall locate and maintain temporary fireworks stands in compliance with the following minimum separation distances: Exposure Minimum Separation Distance Roadway or sidewalk 20 feet Building 20 feet Fireworks stand 100 feet Vehicle fuel dispensing 100 feet Propane cylinder exchange station 100 feet Flammable gas and flammable liquefied gas 300 feet bulk aboveground storage or dispensing area Flammable and combustible liquid or gas 300 feet aboveground tank storage Vehicle access and parking area 20 feet Combustible storage 20 feet Generator 20 feet Short-term storage container 20 feet Weeds or vegetation 20 feet Trash, rubbish, debris, waste receptacle 20 feet Cooking equipment 25 feet GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 10 Any fire hazard 20 feet 5. Each temporary fireworks stand shall contain a minimum of one (1) type 2A1OBC rated fire extinguisher, and one 2A water type fire extinguisher. Such extinguishers shall, at all times be in good working order, have a current inspection tag, and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof. 6. Each temporary fireworks stand shall be emptied of all fireworks when not open for business. This provision shall not apply where the operation is not open for business and the temporary fireworks stand is used as a short-term storage facility, in which case all provisions of this chapter governing short term storage facilities shall apply. 7. No person shall sleep in any temporary fireworks stand at any time. 8. At least one (1) sign reading, "Fireworks -No Smoking or Vaping Within 25 Feet" in letters at least four(4) inches high on a contrasting background shall be posted on every exterior wall and/or side of all temporary fireworks stands. Such signs shall be maintained in a visible and legible condition at all times. 9. At least one (1) sign reading, "Fireworks -No Smoking or Vaping Within 25 Feet" in letters at least two (2) inches high on a contrasting background shall be posted on each and every interior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a visible and legible condition at all times. 10. At least one (1) sign reading, "No Fireworks To Be Discharged Within 100 Feet"in letters at least four(4) inches high on a contrasting background shall be posted on each and every exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a visible and legible condition at all times. 11. Waste receptacles or garbage cans in any temporary fireworks stand shall be noncombustible and shall have a securely fitting lid. 12. All permits shall be posted in the stand at all times. 3-8-4.—Storage of fireworks—specific standards and regulations. In addition to the applicable provisions of the version of the International Fire Code currently in effect, the following provisions shall apply to the storage of fireworks. Where the provisions of the International Fire Code and the provisions of this section conflict, the provisions of this section shall apply. A. No storage without permit. No person,without having a valid nonaerial common fireworks permit or public fireworks display permit issued pursuant to this chapter, shall store nonaerial common fireworks in any manner or for any use or purpose. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE I I B. One storage unit per parcel. Only one (1) short-term storage container in addition to the temporary fireworks stand shall be allowed per parcel. C. Set up and removal. Short term storage containers used during the summer sales period shall not be placed at the sales site before June 15 and shall be removed by 12:00 p.m. (noon) on July 6. Short-term storage containers used during the winter sales period shall not be placed at the sales site before December 15 and shall be removed by 12:00 p.m. (noon) on January 3. D. No storage in residential districts. The storage of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code. E. No storage in right-of-way. Short-term storage containers shall not be placed or erected within the public right-of-way. F. No storage in permanent structures. No person shall construct, cause to be constructed, or use any permanent structure for the storage of nonaerial common fireworks. G. Secure storage. Stored fireworks shall be secured in a manner that denies any and all access to such fireworks by persons other than the operator. H. Exit. No operator shall cause or allow any exit from a short-term storage container to be obstructed, unopenable, inaccessible, or malfunctioning. I. Storage requirements. Operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short-term storage containers: 1. Any and all short-term storage containers shall comply with all applicable provisions of this Code, including,but not limited to, the Unified Development Code, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits. 2. No short-term storage container shall have a floor area in excess of three hundred twenty (320) square feet. 3. Operators shall locate and maintain any short-term storage container in compliance with the following minimum separation distances: Exposure Minimum Separation Distance Roadway or sidewalk 20 feet Building 20 feet Fireworks stand 100 feet Vehicle fuel dispensing 100 feet Propane cylinder exchange station 100 feet GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 12 Flammable gas or flammable liquefied gas 300 feet bulk aboveground storage or dispensing Flammable and combustible liquid or gas 300 feet aboveground tank storage Vehicle access and parking area 20 feet Combustible storage 20 feet Generator 20 feet Short-term storage container 20 feet Weeds or vegetation 20 feet Trash, rubbish, debris, waste receptacle 20 feet Cooking equipment 25 feet Any fire hazard 20 feet 4. Any and all short-term storage containers shall be located at least one hundred feet(100) from any flammable liquid dispensing device or installation. 5. Any and all short-term storage containers shall contain a minimum of one (1)pressurized water fire extinguisher with a minimum rating of 2A,which fire extinguisher shall be located in an accessible and visible location within forty-eight(48) inches of the access door. If such container has more than one (1) access door, a fire extinguisher shall be located in an accessible and visible location within forty-eight(48) inches of each and every access door. 6. No person shall sleep in any short-term storage container at any time. 7. At least one (1) sign reading, "Fireworks—No Smoking or Vaping Within 25 Feet" in letters at least four inches (4")high on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times. 8. At least one (1) sign reading, "No Fireworks to Be Discharged Within 100 Feet"in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times. J. Storage in temporary fireworks stand. Where a temporary fireworks stand is used as a short- term storage facility, such temporary fireworks stand shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this chapter. Where such temporary fireworks stand is constructed with hard sides, it shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading. Where such temporary fireworks stand is constructed with canvas or other soft material sides, shall be effectively secured by a person who shall remain awake, alert, and on site at all times and who shall prevent any and all access to fireworks or other merchandise stored therein. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 13 K. Storage in trailer or vehicle. Where a truck trailer or a vehicle is used as a short-term storage container, such truck trailer or vehicle: I. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this chapter. 2. Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading. 3. Shall be marked in accordance with United States Department of Transportation requirements. L. Storage of dangerous fireworks. Storage of dangerous fireworks shall be unlawful unless specifically authorized by a valid public fireworks display permit issued pursuant to this chapter. Dangerous fireworks shall be stored in accordance with any and all applicable provisions of this chapter governing short-term storage containers and all applicable provisions of the International Fire Code, except that no person shall store dangerous fireworks: I. In a temporary fireworks stand. 2. In any soft sided structure, including, but not limited to, a tent. 3. In any place or in any manner allowing access to such fireworks by anyone other than the permittee. 4. In any place or in any manner which endangers the health, safety, and/or welfare of persons and/or property. 3-8-5.—Public fireworks display permits, specific standards, and regulations. In addition to the applicable provisions of the version of the International Fire Code currently in effect, the following provisions shall apply to public fireworks displays. Where the provisions of the International Fire Code and the provisions of this section conflict, the provisions of this section shall apply. A. Permit required. No person, without having a valid City of Meridian Public Fireworks Display Permit issued pursuant to this chapter, shall: I. Possess, store, or discharge dangerous fireworks in any manner or for any use or purpose, or cause dangerous fireworks to be discharged in any manner or for any use or purpose. 2. Discharge fireworks as, or as part of, a public fireworks display. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 14 B. Application. Application for a public fireworks display permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Name, mailing address,physical address,phone number, and e-mail address of each and all of the following persons: applicant, owner of the property at which the display is to occur, and pyrotechnician operating the display. 2. Name and address of applicant's,property owner's, and pyrotechnician's Idaho registered agent for service of process. 3. Documentation and copies of qualifications of pyrotechnician, including copies of certifications, licenses, and a copy of government-issued photo identification. 4. Date(s) and times of the display, including set up time, display time, and length of show. 5. Physical address of site at which public fireworks display is to occur. 6. Site plan, including the following: a. Detailed layout of site, including all separation distance measurements per NFPA 1123. b. Detailed layout of discharge site, including the location of all devices to be used during show, their required separation distances, and location of controllers. c. Location of all spectator areas. d. Fallout area, including offset measurements. e. Preparation area, including required separation distance. f. Fireworks storage area, including required separation distances, capacity, and dates during which fireworks are to be stored. g. Buildings on or in proximity to the display site. h. Highways, streets, or alleys in proximity to the display site. i. Special hazard locations (e.g., combustible fuel, flammables, explosives, toxic substances, places of detention and correction, health care facilities). j. Location of possible overhead obstruction locations and utilities. k. Location of area(s) affected by the flame effect device. 1. Types and locations of required fire extinguishers and supplemental fire protection features. 7. Description of fireworks to be used in the display, including: a. Detailed list of devices to be used in each display per show which shall include number and type of all devices to be used, including classification(e.g., aerial shell, cake, mine, salute, ground display piece, comet, lance, etc.), type of match to be used (e.g., black, electric, quick match, etc.), and whether the fireworks are to be chain fused or individually shot. b. Detailed list of flame effects to be used per show which shall include classification of effect(e.g., gas mine, ghost mine, etc.). GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 15 c. Detailed list of lift charges for gas mines including grams, type of powder, sealing method of charge, fuel type (e.g., gas, diesel, mixture, cremora, LPG, etc.), and type of match used. d. Diagram of the mortar for flame effects showing pipe schedule size, wall thickness, height, width, and securing methods. e. Diagram of the mortar racks detailing elevation of rack(if raised location provide elevation),rack location (ground, trailer, stand, etc.), construction elements of rack, mortar pipe schedule including type, size,wall thickness, height, width, and rack securing methods. Mortar racks shall meet the construction recommendations of NFPA 1123. 8. Written copies of each and all of the following: a. Procedure for sequence of operations for ignition of fireworks and flame effects, including ignition method(electronic, manual, automatic, etc.); controller manufacturer, model, and type (automatic, handheld, manual); number of manual and electronic shooters, and source of manual ignition(fusee, torch, portfire, etc.). b. Communication plan and methods between the permit holder, property owner, and pyrotechnician before, during, and after the display. c. Safety plan, including protocols for: (1) Stopping the show for emergency response personnel, catastrophic failure, operator injury, hazardous debris falling on spectators, crowd control issues, or any hazardous conditions. (2) Actions to be taken in the event that a shell fails to ignite in or discharge from a mortar, fails to function over the fallout area or other malfunctions, reporting methods and procedures for manually unfired shells including marking and warning of hazard to site personnel, and the disposal methods for unfired shells found in the post display sweep. 9. Proof of an insurance policy, issued by an insurance company authorized to do business in Idaho, covering all claims which may arise from operations under or in connection with the operation. Such insurance shall afford minimum limits of one million dollars ($1,000,000.00) for each occurrence of bodily injury and property damage, and one million dollars ($1,000,000.00) general aggregate for general liability. 10. Application fee for each public fireworks display for which a permit is sought. 11. Other inspection and permitting fees as may be applicable. C. Application review. Upon receipt of all application materials required by this section, the City Clerk shall refer the application to the Fire Chief, who shall review the application to determine: 1. Whether the public fireworks display, as proposed, will be conducted in compliance with this chapter and any other applicable laws; and GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 16 2. Whether use of such permit by applicant will likely endanger the health, safety, and/or welfare of persons or property. D. Action on application. Upon receipt of the recommendation of the Fire Chief, but no later than thirty(30) calendar days from the date of submission of the completed application and all application materials required by this section, the City Clerk shall either issue a City of Meridian Public Fireworks Display Permit to the applicant, or deny the application. E. Grounds for denial. The City Clerk shall deny an application for a public fireworks display permit where: 1. The application is incomplete or required application materials or fees have not been submitted. 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete. 3. Investigation of such application or application materials reveals that the proposed public fireworks display will not be compliant with applicable laws, regulations, or standards. 4. The pyrotechnician does not have the requisite qualifications, certifications, and/or licenses for public fireworks displays, as set forth in NFPA provisions referenced above. 5. Use of such permit will constitute an unreasonable hazard to persons or property. F. Denial procedure. The City Clerk shall notify the applicant of the denial of a public fireworks display permit as set forth in Meridian City Code section 3-1-4. G. Appeal of denial. Appeal of the City Clerk's denial of an application for a public fireworks display permit may be made by the applicant as set forth in Meridian City Code section 3-1- 5. H. Content. The public fireworks display permit issued by the City Clerk shall include: 1. The name of the individual licensed to operate within the City under such license. 2. The dates during which such license is valid. 3. Any conditions of operation that, in addition to those set forth in this chapter, are necessary to protect the public health, safety, and welfare. I. Grounds for revocation. The City Clerk or Fire Chief may revoke a City of Meridian Public Fireworks Display Permit where: 1. The permittee or any party operating under such permit conducts a use, condition, and/or activity not allowed under the terms of the permit, or violates a term, condition, or limitation of the permit or of this chapter. 2. The permit is used by a different party than the party to whom it was issued. 3. The permit was issued in error or in violation of any ordinance or law. 4. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 5. The permittee fails to comply with any provision of this Code, including, but not limited to, this chapter. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 17 6. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. J. Revocation procedure. Revocation shall be effective pursuant to either of the following procedures: 1. The City Clerk may notify the licensee or permittee of the revocation of a nonaerial common fireworks permit as set forth in Meridian City Code section 3-1-4; or 2. The Fire Chief may summarily revoke the public fireworks display permit at any time, where he finds grounds therefor as set forth in this chapter,which revocation shall be effective immediately upon verbal notice to the permittee or any party operating under such permit. Within one (1)working day of such summary revocation, the Fire Chief or City Clerk shall send written notification of such revocation and the grounds therefor as set forth in Meridian City Code section 3-1-4. K. Appeal of revocation. Appeal of a revocation of a City of Meridian Public Fireworks Display Permit may be made by the permittee as set forth in Meridian City Code section 3-1-5. L. Nontransferable. A Public Fireworks Display Permit is not transferable or assignable. M. Expiration. Unless earlier revoked, a Public Fireworks Display Permit shall be valid from dusk to midnight on the permitted date of the public fireworks display. N. Public fireworks display regulations. Public fireworks displays shall comply in every respect, including,but not limited to, setup, staging, and performance, with standards and regulations set forth in NFPA 1123 Code for Fireworks Display(2022 edition),NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audience (2021 edition), and NFPA 160 Standard for the Use of Flame Effects Before an Audience (2021 edition). 3-8-6.—Fireworks possession and discharge—regulations. It shall be unlawful for any person to: A. Alter fireworks. Alter any fireworks, except where such alteration complies with a public fireworks display permit validly issued pursuant to this chapter. B. Use fireworks in vehicles or structures. Throw or discharge any fireworks from, into, or at a vehicle or structure. C. Discharge fireworks at a person. Throw or discharge any fireworks at any person. D. Violate this chapter. Sell, store,possess, discharge, or use fireworks in violation of this chapter. E. Use fireworks in high-threat area. Use fireworks in any area where there exists a severe fire threat based on vegetative or other conditions as determined by the Fire Chief, provided that notice of such areas is given in advance. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 18 F. Possess fireworks at prohibited time. Possess or discharge fireworks at any time other than during the summer sales period, the winter sales period, or as specified in a validly issued public fireworks display permit. G. Discharge fireworks inside required separation. Discharge fireworks within one hundred (100) feet of any temporary fireworks stand or short-term storage container. H. Smoke inside required separation. Smoke or use an electronic smoking device within twenty- five (25) feet of any temporary fireworks stand or short-term storage container. I. Ignite flame inside required separation. Ignite a flame within twenty (20) feet of any temporary fireworks stand or short-term storage container. J. Park inside required separation. Park a motor vehicle within twenty(20) feet of any temporary fireworks stand or short-term storage container. K. Obstruct or disable exit. Obstruct or cause to be obstructed, inoperative, inaccessible, or malfunctioning any exit from a temporary fireworks stand or short-term storage container. L. Possess fireworks under age limit. If such person is under the age of sixteen(16) years, purchase,possess, or discharge fireworks, except in the presence of a parent or legal guardian. 3-8-7.—Violations and penalties. A. Sections 3-8-6(A-E). Any person violating any of Meridian City Code sections 3-8-6(A-E) shall be cited pursuant to Idaho Code section 39-2609. B. Section 3-8-4 or 3-8-5. Any person violating any provision of Meridian City Code section 3- 8-4 (regulations regarding storage of fireworks) or Meridian City Code section 3-8-5 (public fireworks display permits and regulations) shall be guilty of a misdemeanor. C. Any other provision. Any person violating any other provision of this chapter shall be guilty of an infraction,punishable by a fine of one hundred dollars ($100.00). D. Confiscation and destruction authorized. Any and all fireworks possessed, discharged, or used in violation of this chapter may be confiscated and destroyed by the Meridian Police Department or the Meridian Fire Department. Section 7. That a new chapter, Chapter 4, shall be added to Title 4, Meridian City Code, to read as follows: CHAPTER 4.—BURNING REGULATIONS 4-4-1. -Definitions. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 19 As used in this Chapter, terms used shall be defined as set forth in title 10 of this Code, the codes incorporated by reference therein, and the regulations of the Idaho Department of Environmental Quality. Further, for the purposes of this chapter, the following words and phrases, and derivations thereof, shall be defined as follows: A. Air quality index (AQI) means a system used by the Idaho Department of Environmental Quality(DEQ)to report daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from zero (0)to five hundred (500). B. Burn down means that period of time required for the cessation of combustion and/or burning. C. Economic hardship means fifty(50)percent or less of Ada County's median income as established by the U.S. department of housing and urban development. D. Incinerator means any device designed or operated to reduce the volume of refuse or solid waste by burning. Pathological incinerators are excluded from this definition. E. Open burning means the combustion of any material not contained in a heating appliance or incinerator. F. Operator means any person owning solid fuel burning equipment, or who is responsible for placing fuel into or igniting fuel within a solid fuel heating appliance. G. Sole source of heat means one (1) or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating. No solid fuel heating device shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building, whether connected or unconnected from its energy source. H. Solid fuel heating appliance means an enclosed device designed for solid fuel combustion, including, but not limited to, a wood stove. 4-4-2.—Burning regulations. A. AQI of 74 or greater. Whenever the Idaho Department of Environmental Quality reports an air quality index of seventy-four (74) and forecasts air stagnation conditions to continue for at least twenty-four (24) hours, the following additional restrictions and/or prohibitions shall apply: 1. All wood burning, including, but not limited to, burning within a solid fuel heating appliance or fireplace, shall be prohibited, except that a person who commenced wood burning prior to the issuance of the report shall have a burn down period of three (3)hours, after or within which period combustion and/or burning must cease. A person may apply for an exemption from this section by contacting the Fire Chief and demonstrating that: GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 20 a. The solid fuel heating appliance is the sole source of heat for the structure in which it is situated; or b. The household using the solid fuel heating appliance demonstrates an economic hardship. Any building constructed after March 14, 2006 shall not be eligible for an exemption. Appeal of the Fire Chief s denial of an exemption may be made by the applicant for such exemption. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be received by the City Clerk within two(2)business days of such denial. Upon receipt of such written appeal,the City Clerk shall schedule a public hearing on the appeal at the next available City Council meeting. Following a hearing on the appeal, City Council shall either affirm or reverse the Fire Chief s action. The City Council's decision on such appeal shall be a final decision. 2. No person shall operate, or cause or allow the operation of, a solid waste incinerator. B. AQI of 60 or greater. All open burning, even if a valid permit has been issued or no permit is required, is prohibited when the air quality index reaches sixty(60) or higher. C. Wood-burning appliances. No person shall cause or allow the burning of any matter other than wood fuel in a solid fuel heating appliance designed for wood fuel. Such prohibition shall include, but is not limited to,refuse or coal. D. Burn ban. No person shall cause or allow any burning or any matter whatsoever during a burn ban or no-burn day as designated by the Idaho Department of Environmental Quality. 4-4-3. -Enforcement and penalty. A. Enforcement. The Fire Chief or designee and/or any law enforcement officer shall have the authority to enforce the provisions of this chapter. B. Penalty. A person violating any provision of this chapter shall be guilty of an infraction, punishable by a fine of one hundred dollars ($100.00). Each day or portion of a day during which said violation occurs shall constitute a separate offense. Section 8. That Chapters 1, 3, and 4 of Title 5, Meridian City Code, shall be repealed. Section 9. That all City of Meridian ordinances, or parts thereof, that are in conflict with this ordinance are hereby repealed. Section 10. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 17th day of October, 2023. GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 21 APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of October, 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk GENERAL LICENSING AND PERMITTING PROVISIONS,FIREWORKS,BURNING PAGE 22 CERTIFICATION OF SUMMARY . William L .M. Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public .. �J 46=1 (JCJE' William L . M . Nary, CIO Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 23-2038 An ordinance amending the title of Title 3 , Meridian City Code, to be "Licenses and Permits" , amending the title of Title 3 , Chapter 1 , Meridian City Code, to be " General Licensing and Permitting Provisions" ; amending Meridian City Code section 3 - 1 - 1 , regarding licenses orpermits required; adding Meridian City Code section 3 - 1 -4, regarding notice and effective date of issuance, denial, or revocation of licenses and permits ; adding Meridian City Code section 341 5 , regarding appeal of denial, conditions, or revocation of licenses and permits ; repealing and Replacing Title 3 , Chapter 8 , Meridian City Code, regarding fireworks ; adding a new chapter, Chapter 4 , to Title 4, Meridian City Code, regarding burning regulations ; repealing Chapters 1 , 3 , and 4 of Title 5 , Meridian City Code, formerly regarding fire department, clean air regulations , and fireworks ; repealing conflicting ordinances ; and providing an effective date . The full text of this ordinance is available at Meridian City Hall, City Clerk ' s Office, 33 E . Broadway Avenue, Meridian, Idaho . GENERAL LICENSING AND PERMITTING PROVISIONS, FIREWORKS, BURNING PAGE 23