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HomeMy WebLinkAbout1990 – Ordinance Petition & Hearing Zone and Develop January LARRY CHETWOOD PROPERTY - 225 E. Fairview Ave. People & Business within 300' of above mentioned property Rene' & Vonda Yerby 1620 2 1/2 St. , Meridian, Id. V/1eneral Council of Churches of God 1827 W. 3rd St. , Meridian, Id. „/Telecar (Arden Casper) 220 E. Fairview, Meridian, Id. ✓Big 0 Tires (Ken Roetto ) 218 E. Fairview, Meridian, Id. l Mary Bodine 214 E. Fairview, Meridian, Id. Green Acres Properties Inc. PO Box 30550, SLC, UT. 84130 TJN Development Co. 315A W. Lacey, Hanford, CA. 93230 ` Kenneth Marler 11965 Ruetzel, Boise, Idaho 83709 exenneth Roetto Rt *6 Box 6572, Nampa, Id. 83687 < Jay Burrup 3200 W. Duck Valley, Eagle, Id. 83616 4 Dean Burrup 3656 Deer Flat Rd. , Kuna, Id. 83634 ✓John Jackson PO Box 488, Meridian, Idaho 83642 fElm Grove Trl. Park Box 497, Meridian, Idaho 83642 d_s 0 eiqcn� ll:Mij j islt 11, in 00.0 ; .bl WKI -90 wo: v :f a aw" s 0 % r i oui wl� ;404 '"MO inch o MA Yosy.- Aw 'onst"SA .!-WSJ .w At !-. N"Ici, 1 l'F ", 'aslm A-s7vvw avii 10; 10N nt3Ln2A Teo w4mew Kv" . A00 0* fa 0 slL'az yqt "ev vilif .1 " ja : Lud 'SLI15X . .bH Jy ( in* 4 scs? Y -cool Af" _ Lam . "V %o& 0 a0b 010*1 Via 1 R•R R R R R R• ►R R R A3099MERICAN REALTY NORTH COLE ROAD EVERGREEN PLAZA a BO1SE, IDAHO 83704 TELEPHONE_ (2W 376-1234 TO WHOM IT HAY CONCERN: 225 E. Fairview Ave. Meridian, Id. 83642 LARRY CHETWOOD PROPERTY: People & Business within 300' of above mentioned Property Rene' & Vonda Yerby 1620 - 2� Street, Meridian, Id. 83642 General Council of Churches of God 1827 W. 3rd St. , Meridian, Id. 83642 ixv�e Telecar (Arden Casper) 220 E. Fairview, Meridian, Id. 83642 Big O Tires (Ken Roetto) 218 E. Fairview, Meridian, Id. 83642 Marv, Bodine 214 E. Fairview, Meridian, Id. 83642 �41 e&, --:1A P<) f 3 o-� FA J-zj d �), �--2 � 3c REAUOR� ro �7 :`���1fj 7 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho , that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City H , ll , 33 East Idaho Street , Meridian , Idaho , at the hour of 7 : 30 o ' clock p . m. , on January 9 , 1990, for the purpose of considering the Application of the Planning and Zoning Commissions to amend the Zoning and Development Ordinances which amendments are as follows : 1 } to amend Section 11-9-605 B by the addition thereto of a new sub- section entitled "Cu 1 -de-sac" and which shall be numbered as 11- 9-605 B 6 and shall read as follows : "6 . Cul -de-sacs : No street which ends in a culdesac or a dead-end shall be longer than Four Hundred Fifty Feet ( 450 ' ) ; and 2 ) ' to amend the Official Zoning Maps , Section 11-2-425 , to rezone the following parcels of land from R - 8 , Residential , to C- G , General Retail and Service Commercial . The parcels are in the Northwest Quarter of Section 7 , T . 3N . , R . 1E . , Boise Meridlan , Ada County, Idaho, and have frontage on Fairview Avenue and are known by the parcels and address as follows : AMBROSE. FITZGERALD d CROOKSTON Attomeye and Couneaiora P.O.Box 427 Meridian,Idaho 03642 Telephone 686 461 1 . Lot 1 , Chapin Subdivision #2 , Meridian , Idaho; and 2 . Lot 2 , Chapin Subdivision #2 , Meridian , Idaho; and that parcel known as : 3 . 305 E . Fairview Avenue , Meridian , Idaho. Public comment is welcome and will be heard and considered . DATED this/0-hday of December , 1989 . A K NI NN CITY CLERK AMBROSE. FITZGERALD 6GROOKSTON Attorneys and Counselors P.O.Boy 427 Marldlan,Idaho 89842 TalsPhons 85BA481 c iw fi i `..*..n A( • [ac9 a 2 � �G/•orri/. �N41 M!I/t� �drfi///siHp�� � g u � M Y �t a� 5 ? ti J. A►•o13' ! is,e r. tiJ a I// r xl'3ry•• . � w - M y +1 ! * b 37ittCO ti fdt ,. i t !�/ ••:'�.1'M :. lJ! ,f.AISIif/. ldii-n fik_� y ` tr�r iii.1 .a /J/k•'^• M/w !W Isk )N� • I LJ�A1 v �1J• FM I� LA _ rl fs r +!I IS _ :t_ ! � - '///%1! •t . ... _.__. .,... J/'if•t .. . .Jai.i4. . .. .., , f•,i.� • r�• -lam. 'lam !1•\. 'K �f;Jt �Y Y.6� Low of 1 110 C S *+ t 17 , 7J 70 sr. Yq 1Vi.J I�•.i - ar - ti +"�q� i tj 7.0 N+a-itif �''•�^ - .�O-Ni.! t � ' 1 ,': .�, s/•,.•. sc. 11 a ♦ >` - . I,•_•i -f- sue_.—_ -r 14 IV t ' ♦ v i1L w 1 .r. • �` BA LEY AV. •J �1JJP0 •a�1J T. 4T f f1 ORDINANCE NO .C6 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING VARIOUS SECTIONS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AS FOLLOWS : AMENDING SECTION 11 -9 - 605 J . , FENCES , BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE NUMBERED 10 AND WHICH SHALL GOVERN PROCEDURES FOR VARIANCES FROM THE FENCE ORDINANCE ; AMENDING SECTION 11 - 2 -411 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS H . AND WHICH SHALL PROVIDE THAT ALL SINGLE FAMILY DETACHED HOUSING UNITS SHALL HAVE A TWO CAR GARAGE ; AMENDING SECTION 11-2-409 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS D . AND WHICH SHALL PROVIDE THAT LIVESTOCK AND POULTRY SHALL BE PROHIBITED WITHIN ALL ZONING DISTRICTS OF THE CITY , PROVIDING FOR GRANDFATHER RIGHTS , AND PROVIDING FOR EXCEPTIONS IN CASES OF ZONING FOR MEAT AND POULTRY PROCESSING ; AMENDING SECTION 11 -2 -410 A . TO SPECIFY THAT IN THE R -8 RESIDENTIAL ZONE THAT FOR TWO FAMILY DWELLINGS THE 4 , 250 SQUARE FOOT MINIMUM LOT SIZE APPLIES TO EACH DWELLING UNIT SUCH THAT IN THE CASE OF A DUPLEX IN THE R-8 ZONE THE MINIMUM LOT SIZE WOULD BE 8 , 500 SQUARE FEET; AMENDING SECTION 11-2-414 D . 6 . A . TO REDUCE THE MINIMUM WIDTH OF PARKING SPACES ; AMENDING SECTION 11-2-414 D . 6 . BY THE ADDITION THERETO OF NEW SUBSECTION DESIGNATED D . WHICH SHALL PROVIDE THAT UPON PETITION PORTIONS OF THE PARKING REQUIREMENTS FOR OFF STREET PARKING MAY BE FULFILLED BY COMPACT CAR SPACES OF AT LEAST 7 112 FEET IN WIDTH AND 15 FEET IN LENGTH ; AMENDING SECTION 11 - 2 -421 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS E . AND WHICH SHALL PROVIDE THAT NO OCCUPANCY PERMITS SHALL BE ISSUED TO ANY PROPERTY UNTIL ALL UTILITIES ARE IN PLACE AND OPERABLE AND UNTIL ALL REQUIREMENTS OF THE CITY HAVE BEEN MET; AMENDING SECTION 11- 9 - 606 BY RENUMBERING SUBSECTION D . CHANGING IT TO E . AND ADOPTING A NEW SUBSECTION TO BE DESIGNATED AS D . WHICH SHALL PROVIDE THAT A BUILDING PERMIT MAY BE ISSUED PRIOR TO COMPLETION OF PUBLIC IMPROVEMENTS BUT ONLY UPON PROVIDING A GUARANTEE THAT ALL IMPROVEMENTS WILL BE COMPLETED AS AUTHORIZED IN SECTION 11- 9 - 606 C . ; AMENDING SECTION 11-9-605 B . 3 . UNDER "HIGHWAY AND STREET TYPES " TO ADD A NEW CATEGORY KNOWN AS " SECTION LINE ROADS" AND PROVIDING THAT THEY SHALL HAVE A WIDTH OF 80 FEET; AMENDING SECTION 11 -9-606 B . BY THE ADDITION THERETO OF A NEW SUBSECTION DESIGNATED AS 14 . WHICH SHALL REQUIRE PRESSURIZED IRRIGATION SYSTEMS IN ALL SUBDIVISIONS WHICH SHALL BE INSTALLED BY THE DEVELOPER AT THE SAME TIME AS THE DOMESTIC WATER LINES ARE INSTALLED ; AMENDING SECTION 11 -9 - 605 B . BY THE ADDITION AMBROSE, THERETO OF A NEW SUBSECTION DESIGNATED AS 6 AND WHICH SHALL FITZGERALD 4CROOKSTON PROVIDE THAT NO STREET WHICH ENOS IN A CUL-DE-SAC OR A DEAD-END SHALL BE LONGER THAN 450 FEET ; AMENDING THE OFFICIAL ZONING Allorm".*nd MAPS , SECTION 11 - 2 -425 TO REZONE FROM R - 8 RESIDENTIAL TO coanfoiom P-°_Box a7 ORDINANCE PAGE - 1 U42 ToW09 w se"All GENERAL RETAIL AND. -SERVICE COMMERCIAL THREE PARCELS OF LAND ON FAIRVIEW AVENUE ; AND PROVIDING AN EFFECTIVE DATE . WHEREAS , the Mayor and the Ci ty Counci 1 of the City of Meridian , State of Idaho, have concluded that it is in the best interest of the said City to amend certain provisions of the Zoning and Development Ordinances as set forth hereinafter; WHEREAS, the Planning and Zoning Commission of the City of Meridian instituted proceedings to amend the Zoning and Development Ordinances by petitioning for amendment and subsequently amending said petition by the addition of additional amendments ; and WHEREAS, all of the requirements of the Local Planning Act of 1975 , Chapter 65 , Title 67 , Idaho Code , and all of the requirements of the amendment procedures of the Zoning and Developments Ordinances of the City of Meridian have been met , including adoption of findings of fact and conclusions of law; NOW , THEREFORE , BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN , ADA COUNTY , IDAHO : SECTION 1 : That Section 11 -9-605 J . , FENCES, is hereby amended by the addition thereto of a new subsection to be numbered 10 and which shall read as follows : 10. That if an owner or applicant desires to obtain a variance from the provisions of this ec ion - -605 J , FENCES , it s h a no t be treated as a variance pursuant to the provisions of 11-2-419 or - of t o evise an Comp fi e r finances an a proce ure o� a variance shall not be governedy tie aforementioned two sections . There shall be a s ecial AMBROSE procedure for variances rom tfi 15 fence ordinance FITZG ERALD i GROOKSTON which shall a as follows : Allonvya&nd a. The owner or applicant shall file an application counswom -- - P.O.boxar ORDINANCE PAGE - 2 MWMIan,kwoo T*Wpho" I for a fence variance with the City Clerk which application shall state- the o awing : 1 . Address of subject property ; 2 . Name, address and phone number of applicant ; 3 . Name , address and phone number of owners of -- t#�e subject property; 4 . Proof of ownership; 5 . Legal description of subject property; 6. Present use of subject property ; 7. Zoning of the subject property; 8. - Schematic drawing of the building and — proposedfence; - - - 9. List of the mail ing addresses of all propertz owners ( from authentic tax records of Ada count within 200 feet of the ex erna oun aries of the lande � ng cons i cle"red-i 10. Minimum requirements of this ordinance that need— o be reduced to permit t o ro osed e n c e; 11 . An application fee established b resolution ounc } ; . 12. A statement from the titled owner that gra��n��t�s a I ien to f fi e C ity t o secure t h e payments of a 1 1 c o s t s o IF t h o C i t i n rocessi--ng the variance a R R Iication , inc u inteen ineerin and publication an attorney costs and fees ; b . Upon receipt of the fence variance -application T- e z'onin5 administrator shall set a hearing and see that notice is mailed 6y first class mail to all owners o ro erty within 200 feet of the radius o the subject eroperty, which hearing shall be he d not AMBROSE, sooner than lb days after the mailing o e required FtTZROOKSTON notice and more than 30 ays after mailing of the required notice. The notice of Hearing does not nee Afton, „uw to be published in the official newspaper . 0hm"Wo P_G.Sam 427 ORDINANCE PAGE - 3 Mom,w.eo 83642 Tsieow w 80441 c . The hearing established by this subsection shall Fe come e fence variance committee w is committee shall a comprised of the City Engineer , e ert tan Police to , oneCouncil- Member and one annin an ZoningMember . Quorum o said commt tee s a e a minimum of three members of the committee. d . Upon hearing the request for the fence variance the committee shall either approve or deny or aeprove with conditions t e application for fence variance; that no written findings of fact shall e required ut a written decision shall e written to the appl scant anF to any party requesting written notification o e ecision at the hearing . e . APPEAL . Any a2grieved party may appeal the Tecision of the committee directly to the City Council pursuant to Section - SECTION 2 : That Section 11 -2 -411 , RESIDENTIAL HOUSING STANDARDS , is hereby amended by the addition thereto of a new subsection to be designated H . and which shall read as follows : H . GARAGES : That all single family detached housing units shall have a garage capable of housingat least standard size automobiles ,,- at a minimum. SECTION 3 : That Section 11-2-409 , ZONING SCHEDULE OF USE CONTROL , is hereby amended by the addition thereto of a new subsection to be designated D . and which shall read as follows : 0 . LIVESTOCK AND POULTRY PROHIBITED : Within any of the zoning districts of the City of Meridian it shall 'F—eunlawful to use the land f-or the keeping or housing of poultryor livestock ; that all poultry or livestock, presently kept or maintainea prior to the passage o this section of this ordinance s al I Fe--aTlowed to continue until the property that they are kept on or maintained on ceases to Be used for suc ur oses for AMBROSE, a period to excess of one year and after that one year FITZGERALD poultry or livestock maL_2of G a i n e able to be keet &CROOKSTON or matntatne on that ro ert , provided at said Attom�ys" property was being___ egally used t0 keep or maintain coun"Wo P.O.Sox A" ORDINANCE PAGE - 4 emu T*WOWM eee-4161 poultry or livestock r i o r to adoption of this or finance ; an d I provided , however , that property presently or subsequently zoneT Tor TFe use of meat or poultry rocessin shal I be allowed to eep or maintain poultry or livestoc . SECTION 4 : That Section 11-2-410 A. , ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, is hereby amended such that the R-8 Zone minimum lot area states that 4 , 250 square feet is required per dwelling unit and shall read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference as if set forth herein in full . SECTION 5 : That Section 11-2-414 D . 6. , is hereby amended such that the width for parking spaces in the following types of parking will be reduced to the following : 45 degrees -- 10 feet , 60 degrees - - 9 feet , 90 degrees - - 9 feet ; and the ordinance shall read as set forth in Exhibit "B" attached hereto and incorporated herein by this reference as if set forth herein in fuli . SECTION 6 : That Section 11-2-414 D . 6 . , is hereby amended by the addition thereto of a new subsection to be designated as D. and which shall read as follows : D . PETITION FOR COMPACT SPACE : Upon petition , parking spaces may be a I owed toTuI f i I I the above requirements which are classified as compact car parkin spaces , and which are so properly designated, and which have dimensions ofeet wi th an oot engt . SECTION 7 : That Section 11-2-421 is hereby amended by the A"gAOgL addition thereto of a new subsection to be designated as E . and FITMERALO ICROOKSTON known as OCCUPANCY PERMIT ISSUANCE , and which shall read as Altorneys.nd Counvokwe "•OONW ORDINANCE PAGE - 5 MWWNW.idaft Ina follows : E . OCCUPANCY PERMIT ISSUANCE : There shall be no occupancy ermit issued to any propertyuntil aTT uti ities are in place and opera a which utilities s F_aT 1 inc I u d e as appropriate , water , sewer 9 as electricity, pressurized irrigation and telephone; no occupancy p e r m i t shaI^I be issue d until a T requirements of the City of Meridian ave een met . SECTION 8 : That Section 11 -9- 606 is hereby amended by changing the designation of subsection D . , PENALTY IN CASE OF FAILURE TO COMPLETE THE CONSTRUCTION OF A PUBLIC IMPROVEMENT, to E . and adding anew subsection to 11-9-606 to be designated as D . , known as ISSUANCE OF BUILDING PERMIT, and both subsections 0 . and E . shall read as follows : D . ISSUANCE OF BUILDING PERMIT: A building permit for t e construction o f a d we I I in g or b ui I d in 9 or structure may be allowe rior to completion of all improvements required by Sections I1=960and 11-9- .606 only upon providlin a guarantee of completion o improvements as authorized by subsection 11-9-606 C . in the form of a cash a osit certified check , negotiable bond , or an irrevocable an k letter o credit, all of which must a-acceptable to the City, DE . PENALTY IN CASE OF FAILURE TO COMPLETE THE COSTRUCTION OF A PUBLIC IMPROVEMENT In the event a subdivider and/or owner shall , in any case , f a i 1 to complete the p u b I is improvements required as a condition of the final plat in the time period required , it shall be the responsibility of the Council to proceed to have such work completed either by foreclosing its lien or , in the event financial guarantees have been required , to pursue the remedies provided by those financial guarantees . SECTION 9: That Section 11-9-605 B . 3 . a . , Street Right- AMBROSE, FITZGERALD ACROOKSTON of-Way Widths , is hereby amended by the addition thereto under Attonwy*md the highway and Street Types table a new category entitled Counwk" P.O.Box427 ORDINANCE PAGE - 6 MQ TOwhoM!l641iI "SECTION LINE ROADS" and the widths stated thereunder shall be 80 feet and the table shall read as set forth in Exhibit "C" attached hereto and by this reference incorporated herein as if set forth in full . SECTION 10 : That Section 11-9-606 B. is hereby amended by the addition thereto of a new subsection to be designated as 14 . , and known as PRESSURIZED IRRIGATION SYSTEM , and which shall read as follows : 14 . PRESSURIZED IRRIGATION SYSTEM : In each subdivision t h o su b d ivt d er s 6 a I I p rovt d e un d e r g r o u n d ti I e , or of h er a satin f actor,, un er roue conceit, pressurized irrigation water to each and every lot within the subdivision ; that t e pressurized irrigation system shall e constructed an installed at the same time as thedomestic' water roes ut s h a 1 1 not necessarily be in the same trenc es ; that there shall e no cross connections between the domestic water lines and the irrigation water tees that do not comply with section 4-143 of the Revised and CompiledOrdinances of the i ty o Meridian ; that the City Engineer is hereby authorized and directedto establish rules and regulations an standards for pressurized irrigation systems and thaf a pressurized irrigation systems shall comply wit those standards , rules and regulations . Provided , however, that the requirements of this subsection may e waived u on proof that any particu ar of parts , or piece of landdoes not have water rid t5 In an existing irrigation disTrict . - - - -- - - - SECTION 11 : That Section 11-9-605 B . is hereby amended by the addition thereto of a new subsection to be designated as 6 . , and known as CUL-DE-SACS , and which shall read as follows : 6. CUL-DE-SACS : No street which ends in a cul -de- AMSROSE sac or a aead-end shall e longer than four hundred FITZGENJLLD a CAWKSTON t f t y feet ( 4551 ) . AttonMian0 SECTION 12 : That the real property described as Lots 1 and C*UAWHM PIC.Sox 4V ORDINANCE PAGE - 7 M«w1.n,We To' p!-m S 44es 2 , Chapin Subdivision # 2 , records of Ada County, Idaho , and that property described as the North 150 feet of . parcel 2700 of the Northeast 1/4 Northwest 1/4 , of Section7 , Township 3 North, Range 1 East , Boise , Meridian , Ada County, Idaho, are hereby rezoned from R-8 Residential to C-G General Retail and Service Commercial , and the Official Zoning Maps contained in Section 11 -2 -425 are hereby amended as shown in Exhibit "D" attached hereto and by this reference incorporated herein as if set forth in full . SECTION 13 : EFFECTIVE DATE : WHEREAS , there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this a:-L day of April , 1990. CITY OF MERIDIAN BY : i4 TTEST : N I 3 THIS MUST BE CHANGED AND THE ABOVE LEGALS CHECK AMBROSE. FRZGERALD A CROOKSTON STATE OF IDAHO, ) A"OMOO&W Gow+..+ot. ORDINANCE PAGE - 8 PD.Bolt a? MwWMn,MMW a44 Tei"Wom�d4A61 SS . County of Ada , ) I , JACK NIEMANN , City Clerk of the City of Meridian , Ada County, Idaho, do hereby certify that the above and foregoing is a true , full and correct copy of an Ordinance entitled , "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING VARIOUS SECTIONS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AS FOLLOWS : AMENDING SECTION 11 -9-605 J . , FENCES , BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE NUMBERED 10 AND WHICH SHALL GOVERN PROCEDURES FOR VARIANCES FROM THE FENCE ORDINANCE ; AMENDING SECTION 11 -2 -411 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS H . AND WHICH SHALL PROVIDE THAT ALL SINGLE FAMILY DETACHED HOUSING UNITS SHALL HAVE A TWO CAR GARAGE ; AMENDING SECTION 11-2-409 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS D . AND WHICH SHALL PROVIDE THAT LIVESTOCK AND POULTRY SHALL BE PROHIBITED WITHIN ALL ZONING DISTRICTS OF THE CITY , PROVIDING FOR GRANDFATHER RIGHTS , AND PROVIDING FOR EXCEPTIONS IN CASES OF ZONING FOR MEAT AND POULTRY PROCESSING; AMENDING SECTION 11-2 -410 A . TO SPECIFY THAT IN THE R - 8 RESIDENTIAL ZONE THAT FOR TWO FAMILY DWELLINGS THE 4 , 250 SQUARE FOOT MINIMUM LOT SIZE APPLIES TO EACH DWELLING UNIT SUCH THAT IN THE CASE OF A DUPLEX IN THE R-8 ZONE THE MINIMUM LOT SIZE WOULD BE 8, 500 SQUARE FEET ; AMENDING SECTION 11-2-414 D . 6. A . TO REDUCE THE MINIMUM WIDTH OF PARKING SPACES ; AMENDING SECTION 11 -2-414 D . 6 . BY THE ADDITION THERETO OF NEW SUBSECTION DESIGNATED D. WHICH SHALL PROVIDE THAT UPON PETITION PORTIONS OF THE PARKING REQUIREMENTS FOR OFF STREET PARKING MAY BE FULFILLED BY COMPACT CAR SPACES OF AT LEAST 7 112 FEET IN WIDTH AND 15 FEET IN LENGTH ; AMENDING SECTION 11 -2 -421 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS E . AND WHICH SHALL PROVIDE THAT NO OCCUPANCY PERMITS SHALL BE ISSUED TO ANY PROPERTY UNTIL ALL UTILITIES ARE IN PLACE AND OPERABLE AND UNTIL ALL REQUIREMENTS OF THE CITY HAVE BEEN MET ; AMENDING SECTION 11- 9 - 606 BY RENUMBERING SUBSECTION D . CHANGING IT TO E . AND ADOPTING A NEW SUBSECTION TO BE DESIGNATED AS D . WHICH SHALL PROVIDE THAT A BUILDING PERMIT MAY BE ISSUED PRIOR TO COMPLETION OF PUBLIC IMPROVEMENTS BUT ONLY UPON PROVIDING A GUARANTEE THAT ALL IMPROVEMENTS WILL BE COMPLETED AS AUTHORIZED IN SECTION 11- 9 - 606 C . ; AMENDING SECTION 11-9 -605 B . 3 . UNDER " HIGHWAY AND STREET TYPES " TO ADD A NEW CATEGORY KNOWN AS " SECTION LINE ROADS" AND PROVIDING THAT THEY SHALL HAVE A WIDTH OF 80 FEET; AMENDING SECTION 11-9-606 B . BY THE ADDITION THERETO OF A NEW SUBSECTION DESIGNATED AS 14 . WHICH SHALL REQUIRE PRESSURIZED IRRIGATION SYSTEMS IN ALL SUBDIVISIONS WHICH SHALL BE INSTALLED BY THE DEVELOPER AT THE SAME TIME AS THE DOMESTIC WATER LINES ARE INSTALLED ; AMENDING SECTION 11 - 9 - 605 S . BY THE ADDITION THERETO OF A NEW SUBSECTION DESIGNATED AS 6 AND WHICH SHALL AMBROSE. PROVIDE THAT NO STREET WHICH ENDS IN A CUL-DE-SAC OR A DEAD-END FI &COOSTON SHALL BE LONGER THAN 450 FEET ; AMENDING THE OFFICIAL ZONING MAPS , SECTION I1 - 2 - 425 TO REZONE FROM R - 8 RESIDENTIAL TO «on,.r..M GENERAL RETAIL AND SERVICE COMMERCIAL THREE PARCELS OF LAND ON CAKN%sews P-O.Box 427 ORDINANCE PAGE - 9 UwWW6,kWM ex4x T*40hof*8a644E t FAIRVIEW AVENUE ; AND PROVIDING AN EFFECTIVE DATE . " passed as Ordinance No. by the City Council and Mayor of the City of Meridian , on tie -- day of April , 1990. DATED this day of April , 1990. CITY CLERK OF nE CITY OF MrRIDTTN ADA COUNTY , IDAHO. STATE OF IDAHO, ) ss . County of Ada , ) On this day of April , 1990 , before me , the undersigned , a Notary Public in and for the said State , personally appeared JACK NIEMANN , known to me to be the person who subscribed his name to the within and foregoing instrument , and acknowledged to me the executed the same . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written . SEAL Notary Public for Idaho Residing at Meridian , Idaho AMBROSE, FffMERALD i CROOKSTON Attanyrs am Couneek" IO.Box 427 ORDINANCE PAGE - 10 MWNNW.mono e�e.s TNmot'a i 8884M1 M m M 0 1010 0 a a " 2-410 ZONING SCHEDULE OF BILK AND COVERAGE CONTROLS 2-410 A Minimum Yard Setback Requirements from Road Right-of-way Maximum Maximum Minimum Minimum Interior Street Lot Cov. Build. 'Street District Lot Area Front Rear Side Side in $ Height Frontage A 10 Acres 30, 45' 2501 R-4 8.000 sq.ft. 30' (1) 25' (1) Per D_U_ 20' (2) 15, 51* 20' (2) 35' 701* R-8 6,000 sq.ft- (3) 30' (1) 25' (1) 60' l 4.2-50 sq-ft. (4) 20' (2) 15' S'* 20' (2) 35' 50' R-15 2,400 sq.ft. 20' 15' S' 20, 40' 60' Per D.U. - R-40 20, 15, 0 20' 40' ' L-0 7,000 sq.ft. 30' (1) 25' (1) -� 20' (2) 20, 5"� 20' (2) 50. 35' 50' x td C-N 4-8 Acres i5' 25' 10' 10, 70% 35' N.A. H C-C 8-30 Acres 25' 0 0 0 70% 40' N.A. C-G 15' 0 0 0 700 40' - RSC 75 + Acres If) ri .0' 70/ 40' OT See District Regulation for Corresponding Use Proposed TE 80 (6) Acres 35' 20' 20' 30' 600 0 N.A. I 35' 0 0 30' 700 40' M 20 Acres 60' 15, 10' 30' 10% 80, N-A. (1) Arterial and Collector Streets (�41 Two-Family Dwellings 5`t, Per Story ( ) Local Streets !61 A S+nallcr Minimum Lot May be Requested and Granted (3) Single-Family Dwellings if De•_rned Feasible (Ord 456, 9-3-85; amd.Ord. 470, i,KK * Street Frontage Determined on Cul-De-sac Lots at Setback Line 10-86:Ord. 490, 10-20-87) d. 1 EXHIBIT "B" in access aisles to and from public rights-of-way. All parking areas with a capacity over twelve (12) vehicles shall be striped with double lines six (6) inches both sides of center between stalls to facilitate the movement into and out of the parking stalls. 6. Off-Street Parkip_q__Design and Dimensional Tables: B 0 A B i PARALLEL 450 600 900 4511 600 900 Parallel A. Width of Parking Space 10 , 1-&1-. g r .1.0-L 91 9' � B. Length of Parking Space 15, 18' 19' 23 ' C. Width of Driveway Aisle 13' 17 ' 25' 12' �t ! 2-414 E SCHEDULE OF PARKING SPACE REQUIREMENTS 1. Com utation of ParkingS aces: when the required number of off-street parking spaces results in a fractional space, any fraction of one-half (1/2) or less may be disregarded, while a i fraction in excess of one-half (1/2) shall be counted as one I (1) parking space. 2. For the purpose of this Ordinance, the followingparking space requirements shall apply: p g p TXpe of Use Parking Space Required a. Residential (1) Single-family or two Two (2) for each unit; (2) family dwelling (2) Multi-family dwelling Two (2) for each unit; with three (3) or more dwelling units -65- ' I I it i EXHIBIT "C" 9-605 B STREETS 1. Dedication - within a proposed subdivision, arterial and collec- tor streets as shown on the Comprehensive Flkn shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use . 2. Location - Street and road location shall conform to the location requirements of ACHD or successor agency. (Ord. 4•30, 4 2-84) 3. Street and Road Specifications - a. Street Right-of-Way Widths - Shall comply with the require- ments of ACHD or any successor agency. Street and road right-of-way widths shall conform to the adopted major street plan or comprehensive development plan and the rules of the State Department of Highways and the Highway District or Department having jurisdiction. Minimum right-of-way statidards at-e ns follows : llighway and_SLreet_'1'ypes widths I;xl+i�stitva? ,n I iriHa}•. . . . . . . . . . . . . . . . . . . . . . . . . .I1�11 ),G11 Ircl Maier Arterial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IiU ict t Minor Arterial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06 (cct CI)l1cctc,r StIcct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Ices Minor Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..90 Icet Nun-Continnuus Ikesicicntilki Street . . . . . . . I . . . .40- 4(' ( . .t Section Line Roads f3e7 feet b. Street Grades - Street grades shall not exceed ten ( lo) percent on either minor or collector streets, alld six (6) percent for arterial streets . The ininimum yrade of all streets shall be 0. 3 percent. C. Street Alignment - Street alignment shall be as follows : 1) Horizontal Alignment - When street lines deflect from each other by more than ten (10) degrees in alignment, the centerlines shall be connected by a carve having a minimum radius of five Hundred (500) feet for arterial streets, three hundred (300) feet for collec- tor streets. Between reverse curves on collector and arterial streets, there shall be a minimtun tangent distance of two hundred (200) feet; and 2) Vertical Alignment - Minimum stopping sight distances shall be two hundred 200 ( ) feet for minor streets and designed in accordance with design speed for collector and arterial streets . 4. Street Names - The naming of streets shall conform to the following: -17- Ion EXHIBIT "D" SEC. 7- T. 3N.-- R IE. `''�'��i C i•'-�I= M4R/D/AN R.4 D-Z ILP L Ll R-4* f ` �r +� ,. M 'R/D/AN- 0 r2t T °-- R-4 t �� :•{ .:•• �� _�� M•I tit � I' -1 1.-A• I..r �•.A AII. rev*..0 i •.• rnl - POO Ago Sol �� r►M� �• 'I ��,� ; ME'RJG/A�il D_ 0-T t L� lic, - '`-; - - -- fie •—r 1■ —�.� *County Zone -8- MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #5 Kingsford: Have you reviewed all of the comments from ACHD and so forth, do you have any problems with those? Engineer Smith: I received a resubmittal on the development plans and all of our requests have been made and everything is in order. The Motion was made by Tolsma and seconded by Giesler to approve the Final Plat on Locust Grove Manor. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: Kingsford: I will open the Public Hearing. Being no response the Public Hearing was closed. Crookston: Explained briefly the proposed amendments. Giesler: Where do the statistics come from on the parking. Clerk Niemann: That's what Boise has. The Motion was made by Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law on the Proposed Amendments to the Zoning and Development ordinances. Roll Call Vote: Tolsma - Yea; Giesler - Yea; Yerrington -- Yea; The Motion was made by Giesler and seconded by Yerrington to approve of the attorney drawing up the Ordinances. Motion Carried: All Yea: ITEM #4: REQUEST FOR CONDITIONAL USE PERMIT BY JACK BRUCK: P%CPERTY LOCATED IN "OLD TOWN ZONE": Kingsford: Is there a representative present for this request? Rich Allison was in attendance to represent this request. Tolsma: When are theygoing to start the business here? Allison: The purchaser of the property is Mr. Jack Bruck. Probably about three years. At the present time it is his intention to rent the property in the interim period. Tolsma: What is the conditional use for? Allison: The Conditional Use under Meridian, conditional uses are not an item that expires, in other words if he is going to acquire the property he wants to know at such time that he plans to use the property which is approximately three years, that he can in fact use the property for the purpose he's -buying it for. Any other use of the property would of course have to be okay'd by the City Clerk since it's in the old Town Zone. Tolsma: Is there a problem knowing what's going to be there? i NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall , 33 East Idaho Street , Meridian , Idaho , at the hour of 7 : 30 o ' clock p .m. , on March 720, for the purpose of considering the Application of the Planning and Zoning Commission to amend the Zoning and Development Ordinances which amendments are as follows : 1 . To amend Section 11 -9 - 9605 J . FENCES , such that an application for a variance from the fence ordinance is not treated as a standard variance under 11-2-419 or 11-9-612 , but is allowed a special procedure, ' and to establish that procedure. 2 . To amend Section 11 - 2 -411 by the addition of a new section entitled "GARAGES " , which would require single family s det-ached': housing units to have a minimum garage s i ze capable of housing two standard sizes automobiles . 3 . ,To amend Section 11 -2 -409 by the addition of a new section prohibiting livestock and poultry within the City of AMBROSE, Meridian , unless specifically authorized for meat or poultry FITZGERALD BCROOKSTON processing facilities , and to provide definitions for livestock Allofney6 gild Counselors a n d poultry. P.O.Box 427 Meddlan,Idaho $3642 Telephone 858-4401 4 . To amend Section 11-2-410 A . ZONING SCHEDULES OF BULK AND COVERAGE CONTROLS , to reflect that the 4 , 250 square foot lot requirement for duplexes is 4 , 250 square feet per dwelling unit . 5 . To amend subsection 11 - 2 -414 I) . 6( a ) , to reduce the required width of parking spaces . 6 . To amend Section 11-2-414 D 6 by allowing compact car spaces to fulfill the parking requirements upon petition therefore. 7 . To amend Section 11 -2 -421 , by the addition of a new subsection which would allow occupancy permits to be issued only upon completion of placement of all I, tiiities which would service the occupied premises . 8. To amend Section 11-9-606 , to allow for the issuance of a building permit where all required improvements have not been completed only upon posting of security for the completion of the improvements . 9 . To amend Section 11-9-605 B. , STREETS, to indicate that section line roads will be required to have an 80 foot right-of- way. 10. To amend Section 11-9-606 B , IMPROVEMENTS, PUBLIC , by the addition thereto of a new requirement , requiring construction and placement of pressurized irrigation systems , unless a water right from an Irrigation District does not accompany the land being considered . 11 . To amend Section 11 -2 -403 B , DEFINITIONS, to change AMBROSE, the definition of "Kennel " , such that , a Kennel would be any lot FITZGERALD &CROOKSTON or premises on which three ( 3 ) or more dogs , and/or cats and/or Attorneys end Counselors P,O.Box 427 Meridian,Idaho &W2 Telephone 8884461 I other household domestic animals , more than three months of age, are housed , groomed , breed , bordered , trained , sold or cared for . 12 . To amend Section 11-9-605 B . by the addition thereto of a new sub-section entitled " Cul -de -sac " and which shall be numbered as 11-9-605 B 6 and shall read as follows : "6. Cul -de- sacs : No street which ends in a culdesac or a dead-end shall be longer than Four Hundred Fifty Feet ( 450 ' ) . 13. To amend the Official Zoning Maps , Section 11-2-425 , to rezone the following parcels of land from R-8, Residential , to C- G , General Retail and Service Commercial . The parcels are in the Northwest Quarter of Section 7 , T. 3N . , R . 1E . , Boise Meridian , Ada County, Idaho , and have frontage on Fairview Avenue and are known by the parcels and address as follows : 1 . Lot 1 , Chapin Subdivision #2 , Meridian , Idaho; and 2 . Lot 2 , Chapin Subdivision #2 , Meridian , Idaho; and that parcel known as : 3. 305 E . Fairview Avenue, Meridian , Idaho . Public comment is welcome and will be heard and considered . DATED thiQLSL day of 1990. tAN I ARK I AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Morldlan,Idaho 83542 Telephone 888401 II S ern, "tt PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN COMES NOW, the Planning and Zoning Commission of the City of Meridian and hereby submits to itself and the City Council of the City of Meridian the following proposals to amend the Zoning and Development Ordinances of the City of Meridian . 1 . There shall be a new provision added to Section 11- 9-605 J FENCES, which shall be known as 11-9-605 J . 10. and shall read as follows : That if an owner or applicant desires to obtain a variance from the provisions of this Section , 11-9-605 J , FENCES , it shall not be treated as a variance pursuant to the provisions of 11-2-419 or 11-9-612, of the Revised and Compiled Ordinances and the procedure for such a variance shall not be governed by the aforementioned two sections . There shall be a special procedure for variances from this fence ordinance which shall be as follows : a. The owner or applicant shall file an application for a fence variance with the City Clerk , which application shall state the following : 1 . Address of subject property ; 2 . Nave, address and phone number of applicant ; 3. Name , address and phone number of owners of the subject property; 4. Proof of ownership; 5 . Legal description of subject property; 6. Present use of subject property; 7 . Zoning of the subject property; AMBROSE, 8. Schematic drawing of the building and FITZGERALO fence; 6 CROOKSTON proposed Attome"and Counaabn P.O.Box 427 AAeMkin•Idaho 63642 Tahiphom 69//4461 I 9 . List of the mailing addresses of all property owners ( from authentic tax records of Ada County) within 200 feet of the external boundaries land being considered ; 10 . Minimum requirements of this ordinance that need to be reduced to permit the proposed fence; 11 . An application fee established by resolution of the Council ; 12 . A statement from the titled owner that grants a lien to the City to secure the payments of all costs of the City in processing the variance application , including the engineering and publication , and attorney costs and fees ; b . Upon receipt of the fence variance application the zoning administrator shall set a hearing and see that notice is mailed by f i rst class mail to all owners of property within 200 feet of the radius of the subject property , which notice of hearing shall be held not sooner than 15 days after the mailing of the required notice and not more than 30 days after mailing of the required notice . The notice of Nearing does not need to be published in the official newspaper . C . The hearing established by this subsection shall be conducted by the fence variance committee which committee shall be comprised of the City Engineer , the Meridian Police Chief , one Council Member and one Planning and Zoning Member . A Quorum of said committee shall be a minimum of three members of the committee. d . Upon hearing the request for the fence variance, the committee shall either approve or deny or approve with conditions the AMBROSE. FITTGERALD d CROOKSTON Attanoys snd 2 CounsMon P.O.Bos 427 Msrcidlsn,Idslw 83M2 Talphons eN.W1 i application for fence variance ; that no written findings of fact shall be required but a written decision shall be written to the applicant and to any party requesting written notification of the decision at the hearing . e . APPEAL - - any aggrieved party may appeal the decision of the committee directly to the City Council pursuant to Section 11-2-416 G . 1 . 2 . To amend Section 11-2-411 by the addition thereto of a new section entitled "GARAGES" which shall be known as 11-2-411 H , and shall read as follows : H . GARAGES : That all single family detached housing units shall have a minimum garage capable of housing at least 2 standard size automobiles . 3. There shall be an addition to Section 11-2-409, a new subsection entitled 11 - 2 - 409 D , " LIVESTOCK AND POULTRY PROHIBITED" which shall read as follows : "D . LIVESTOCK AND POULTRY PROHIBITED : Within any of the zoning districts of the City of Meridian it shall be unlawful to use the land for the keeping or housing of poultry or livestock ; that all poultry or livestock presently kept or maintained prior to the passage of this section of this ordinance shall be allowed to continue until the property that they are kept on or maintained on ceases to be used for such purposes for a period in excess of one year and after that one year poultry or livestock may not again be able to be kept or maintained on that property provided that said property was being legally used to keep or maintain poultry or livestock prior to adoption of this ordinance; and , provided , however, that property presently or subsequently zoned for AMBROSE, FITZGERALD &CROOKSTON A"On"V.and 3 Couft"k" P.O.Box 4V MOMIA .Idaho 0114 TeWho"J 0844E1 the use of meat or poultry processing shall be allowed to keep or maintain poultry or livestock . " 4. To amend Section 11-2-410 A, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, such that the R-8 Zone minimum lot area states that 4 , 250 square feet is required per dwelling unit. See attached Exhibit " A" of the ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS 2-410 A, as amended . 5 . To amend Subsection 11 -2 -414 D. 6. A. , so that it reads as follows : Parking space 45 degrees - - 10 feet , 60 degrees -- 9 feet, 90 degrees -- 9 feet parallel -- 9 feet. 6 . To amend Section 11 -2 -414 D . 6 . , by the addition thereof of a new subsection entitled "D PETITION FOR COMPACT SPACE , and which shall read as follows : D . PETITION FOR COMPACT SPACE : Upon petition , parking spaces may be allowed to fulfill the above requirements which are classified as compact car parking spaces , and which are so properly designated and which have dimensions of 7 112 feet width and 15 foot length . 7. To amend Section 11-2-421 by the addition thereof of a new subsection which shall be known as 11-2-421 E . entitled "OCCUPANCY PERMIT ISSUANCE" , and which shall read as follows : E . OCCUPANCY PERMIT ISSUANCE : There shall be no occupancy permit issued to any property until all utilities are in place and operable , which utilities shall include as appropriate water , sewer , gas , electricity, pressurized irrigation , and telephone; no occupancy permit shall be issued until all requirements of the City of Meridian have been met . 8. To amend Section 11-9-606 to re-number subsection d thereof to e , and to adopt a new subsection d , ISSUANCE OF BUILDING PERMIT, which shall read as follows : AMBROSE, FITZGERALD A CROOKSTON 4 Atio"We and CountoWs P.O.Box 427 Meridian,Idaho 63642 TaNpAMu 886i161 V ISSUANCE OF BUILDING PERMIT : A building permit for the construction of a dwelling or building or structure maybe allowed prior to completion of all improvements required by Section 11 -9-606 only upon providing a guarantee of completion of improvements authorized by subsection 11-9-606 C. 2. , in the form of a cash deposit , certified check , negotiable bond , or an irrevocable bank letter of credit , all of which must be acceptable to the City. 9. To amend Section 11-9-605 B . "STREETS" by the addition of the requirement under subsection 3 thereof entitled "STREET AND ROAD SPECIFICATIONS " by the addition thereto under the highway and street types and widths table of a category entitled "SECTION LINE ROADS" and the widths stated thereunder shall be 80 feet . 10 . To amend Section 11-9-606 B. IMPROVEMENTS, PUBLIC by the addition thereto of a new Section to be known as Section 11- 9-606 B . 14 . PRESSURIZED IRRIGATION SYSTEM , This addition would be pursuant to Idaho Code 67-6518, which allows the governing board to adopt stanaa3s Jfor such things as public utilities , including water systems , and indicates that whenever ordinances made under Chapter 65, Title 67 , impose higher standards than are required by any other statute or other local ordinance the provisions of the ordinances made pursuant to that Chapter shall govern , and pursuant to the requirement of 31-3805 , Idaho Code, that subdivisions contained within an irrigation district must either transfer the water rights from said lands or the subdivider must provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those land owners within the subdivision who are also within the irrigation district; and it being the opinion of the Planning and Zoning Commission that it is in the best interest of the City and the citizens of the City of Meridian that the water rights not be transferred from the land , but that underground irrigation water be provided to each lot within the subdivision . Therefore it is hereby proposed that subsection 14 be adopted and shall read as follows : AMSROSE, FITZGERALD BCROOKSTON 5 Attorrmya and Counesim P.O.Box 427 #lWWAn,k&Wm 03542 Tiftphone WS4461 f PRESSURIZED IRRIGATION SYSTEM : In each subdivision the subdivider shall provide by underground tile , or other like satisfactory underground conduit , pressurized irrigation water to each and every lot within the subdivision ; that the pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines , but shall not necessarily be in the same trenches ; that there shall be no cross connections between the domestic water lines and the irrigation water lines that do not comply with section 4-143 of the Revised and Compiled Ordinances of the City of Meridian ; that the City Engineer is hereby authorized and directed to establish rules and regulations and standards for pressurized irrigation systems and that all pressurized irrigations systems shall comply with those standards , rules and regulations . Provided , however , that the requirements of this subsection may be waived upon proof that any particular lot , parcel , or piece of land does not have water rights in an existing irrigation district . DATED this day of 1989 • I H , CHAIRMAN PLANNING AND I G C MMISSION AMBROSE, FITZGERALD A CROOKSTON AftrMYs and 6 CounMiom P.Q.box 427 MwMlan,IdNw 63642 TowplwnR aSS 4461 am— fir► &Nkmr fir. ba .. iw w� M ON. i"" r.. 2-410 ZONING SCHEDULE: OF bUi-V AN5 COVEKAGE CONTROLS 2-410 A Minimum Yard Setback Requirements from Road Right-of-Way _ Maximun, Maximum Minimum Minimum Interior Street Lot Cov. Build. Street District Lot Area Front Rear Side Side (in %) Height Frontage A 10 Acres 30' 250` R-4 8,000 sq.ft . 30' (1) 25 ' (1) Per D.U. 20' (2) 15' 51* 20 ' (2) 35 70' * } R-8 6,000 sq.ft. (3) 30' (1) 25' (1) 60' 4,250 sq„ft" (4) 20 ' (2) 15 ' 5 '* 20' (2) 35 ' 50 ' r R-15 2,400 sq-ft. 20' 15' 5' 20' 40' 60' Per D.U. R-40 20 ` 15 ' 0 20 ' 40 ' ' L-0 7 ,000 sq. ft . 30 ' (1) 25 ` (1) 2D' (2) 20' S' * 20' (2) 50 35' S0' E-{ , H C-N 4-8 Acres 15, 25' 10, 10' 700 35' N-A. Hxx �C C-C 8-30 Acres 25 ' 0 0 0 700 40' N-A. C-G 15 ' 0 0 0 709, 40' RSC 75 + Acres 70' 0 0 30' 70% 40' 01 See District Regulation for Corresponding Use Proposed TE 80 (6) Acres 35' 20' 20` 30' 600 0 N.A. I 351 0 0 30' 700 40 ' .M 20 Acres 60' 15' 10, 30' 10% 80, K.A. (1) Arterial and Collector Streets 4 f "two-Vann lv Dwellings (2) Local Streets 5'*} Per Story �6) A Smaller Minimum Lot May be Requested and Granted (3) Single-Family Dwellings ' if r3c-.med Feasible (Ord 456, 9-3-85; amd. Ord. 470, Street Frontage Determined on Cul-De-Sac 10-86,Ord. 490, 10-20-37) Lots at Setback Line BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ' S PETITION TO AMEND MERIDIAN ZONING ORDINANCE AND THE DEVELOPMENT ORDINANCE FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled Petition and Verbal Addendum made during a regular scheduled Planning and Zoning meeting to amend the Meridian Zoning and Development Ordinance, having come on for public hearings and the Planning and Zoning Commission having heard any and all testimony that was submitted and having duly considered the evidence, the facts judicially noticed and its own opinions and the matter , the Planning and Zoning Commission makes the following : FINDINGS OF FACT 1 . ' .That a notice of public hearing on the application was published for two ( 2 ) consecutive weeks prior to each of the two public hearings scheduled for November 149 19899 and January 9 , 1990, respectively, the first publication of which was fifteen ( 15 ) days prior to each of said hearings ; that the matter was d u 1 y considered at the November 14, 1989 and January 9 , 1990 AMBROSE hearings and was duly considered by the Planning and Zoning , FITZGERALD &CROOKSTON Commission ; that copies of all notices were available to Counselors FINDINGS OF FACT AND CONCLUSIONS -- PAGE 1 Counselors P.O.Box 427 Meridian,Idaho 88N2 Telephone 868-4481 newspapers , and radio and television stations . 2 . • That these proposed amendments are as set forth in the Petition and the Verbal Addendum . That the general reasons and purposes set forth in the Petition and Verbal Addendum for amending the Zoning Development Ordinances are to set forth a simpler procedure for variances from the fence ordinance, to establish a minimum garage size for single family detached housing units , to establish a prohibition from maintaining livestock and poultry within the city limits except for meat and poultry processing facilities which are now not specifically prohibited , to specifically set forth that the 4 , 250 square foot lot size for duplexes is 4 , 250 per dwelling unit and not 4 , 250 for the entire duplex , to reduce the size of required widths of parking spaces to allow more parking spaces and to meet the factual circumstances that many cars are smaller these days and are compact and thus meeting the requests for property owners by also allowing compact car parking spaces , to clear up any possiblIe confusion as to when an occupancy permit can be issued which i'-s After completion of placement of all utilities , to set forth that a building permit will not be issued unless all improvements have been completed provided however that they may be issued if security is posted for completion of improvements , to meet the proposals of the Ada Planning Association to establish 80 foot right-of-way widths for section line roads , to make mandatory the construction and placement of pressurized AMBRRAL, irrigation systems where water is available from • an irrigation a CROOKSTON Attomeyeand FINDINGS OF FACT AND CONCLUSIONS - PAGE 2 Counealore P.O.Box 427 Marldlen,Idaho 63642 Telephone8884461 i district , to establish a definition for kennel which would be to set forth that where two or more domestic animals within three months of age are maintained , to set forth the minimum length of the street which ends in a culdesac which maximum length has been deleted from the provisions of the Ada County Highway District and there is a need to set forth that maximum limit, to correct an oversight in the original zoning ordinance passed April 2 , 1984 , to properly zone Lot 1 and Lot 2 , Chappin Subdivision No . 2 , and that property known by the address 305 E . Fairview Avenue , which properties are zoned R-15 and were so zoned by the original zoning ordinance but which property at the time of passage of the original zoning ordinance were used commercially. 3 . That the amendments have been proposed by the Commission itself . 4 . That at the public hearings held before the Planning and Zoning Commission there were no public comments or testimony submitted on the application to amend . 5 . That there are many applications for a variance from the fence ordinances of the City of Meridian , which in large part pertain to corner lots ; that in large part the variances are worked out by the City Cleric , City Engineer and the Chief of Police and it is more appropriate to have a simpler procedure unless requested to do so . 6. That it has been the policy of the City of Meridian in AMBROSE, the past to require single family detached units to have two car FITZGERALD 3CROOKSTON Allorneysand FINDINGS OF FACT AND CONCLUSIONS - PAGE 3 Counselom P.O.Box 427 Meridian,Idaho 83642 Telephone 8684451 garages but there has been no minimum size set for the garages and it is desireable to have that set , so that the requirement is definitive . 7 . That the present Zoning Ordinance does not prohibit livestock and poultry within the City of Meridian , and such were previously prohibited and it was an oversight in the original zoning ordinance not to include that prohibition . S. That the present Zoning Schedule of Bulk and Coverage Controls is ambiguous and is in need of clarification as to the square foot lot requirements for duplexes . 9 . That cars are becoming smaller and it is found that the 10 foot width of parking spaces is unnecessary and 9 foot is more reasonable and more practical and since there are many compact cars that there should be a compact car space designation . 10 . That there have been requests by developers to allow people to occupy homes prior to all utilities having been put in service to the subdivision and there is a need to set forth that no occupancy permits will be allowed without the placement of utilities, 11 . That there are on occasions times when it is necessary to allow building of a structure to commence where improvements have not been totally completed and it is found to be necessary to allow building permits to be issued where all improvements have not been placed provided the developer places and posts AMBROSE, FITZGERALD security for the completion of the improvements . &CROOKSTON Attorneys and Counselors FINDINGS OF FACT AND CONCLUSIONS - PAGE 4 P.O.Box 427 Meridian,Idaho &W2 Telephone 6084"1 12 . That the Ada Planning Association has set a goal of having 80 foot right-of-way requirements on section line roads , and it is therefore desireable to meet that goal so that it is uniform throughout the County . 13. That there have been , in the past , many complaints by residence in subdivisions that they are assessed for water taxes and assessments and yet receive no water for irrigation . 14 . -,That the existence of a number of domestic animals can be disturbing and often times is , for neighbors . 15 . That the Ada County Highway District removed from its regulations the maximum length to which a street ending in a culdesac could be constructed . 16 . That the properties located on Lot 1 and Lot 2 , C h a p p i n Subdivision No. 2 and at 305 E . Fairview Avenue, are presently used and were so used at the time of passage of the original Zoning Ordinance in April of 1984, in a commercial fashion . CONCLUSIONS OF LAW 1 . That the City has authority to amend its Zoning and Development Ordinances pursuant to Title 67 , Chapter 65, Idaho Code , specifically Section 67-6511 , Idaho Code , and Section 11- 2 -416 of the Zoning Ordinances and Section 11 -9-614 of the Development Ordinance . 2 . That all notices and hearing requirements set forth in Title 67 , Chapter 65 , Idaho Code and the Ordinances of the City AMBROSE, of Meridian have been complied with . FITZGERALD p 3 CROOKSTON Attornsyssnd FINDINGS OF FACT AND CONCLUSIONS - PAGE 5 Counselors P.O.Box 427 Merldlen.Idaho INW2 Telephone 866-441 3 . That since the proposed amendments are proposed by the Commission , the technical requirements for an amendment application may be waived , and are hereby waived . 4 . That the function of adopting , amending , or repealing the text of a zoning or development ordinance is a legislative function in that such does not pertain to any specific parcel or parcels of property ; that the Local Planning Act of 1975 requires findings of fact and conclusions regardless of whether the function is legislative or quasi -judicial . 5 . That the Commission may take judicial notice of governmental statutes , ordinances and policies , and of actual conditions existing within the City, County, and State. b. That it is concluded that it is not in the best interest of the City of Meridian and its residents to require full variance procedures for fence variances and that the proposed procedure will provide adjacent owners with the required notice and provide them with full opportunity for input and provide for appeal , which if there is an unresolved issue or disagreement between the applicant and the adjacent property owners within 200 feet can be resolved as if it were a full variance procedure. 7. That it is desireable to keep cars from being parked at all times along the streets of the City of Meridian and that a requirement of a two car garage will facilitate keeping many cars from being parked along the streets of the City of Meridian AM FlTZO ERASERAL D which in certain and many areas are narrow and are a hinderance f CROOKSTON Attomeysand FINDINGS OF FACT AND CONCLUSIONS - PAGE b Counselors F.O.Box 427 Maddlen.Idaho &W2 Telephone8884461 { to safety and emergency vehicles . 8. That it is desireable to keep livestock and poultry from being kept and maintained within the City limits ; that such were generally prohibited under the Zoning Ordinances in effect prior to April 2 , 1984; that it was an oversight not to prohibit r livestock and poultry within the City under the Zoning Ordinance adopted April 2 , 1984 ; that if such animals are presently being maintained that the ordinance amendment will provide a procedure for grandfather rights . 9 . That the Zoning Schedule of Bulk and Coverage Controls was ambiguous as to the minimum lot size for duplexes . 10 . That it is concluded that parking spaces needed to be amended to fit the existing and present sizes of midsize and compact cars , and that the 10 foot requirement for width, other than in 45 degree parking was excessive due to the prevalence of small sized vehicles . 11 . It is concluded that no structure should be allowed to be occupied until all utilities are connected to service the property. 12 . That it is concluded that on occasion it is appropriate to issue a building permit prior to the placement of all improvements provided the applicant for the building permit or his agent or the developer of the subdivision posts adequate security for the completion of the improvements and that such improvements are completed prior to occupancy . AMBROSE, 13 . That it is concluded that it is necessary to require FITZGERALD &CROOKSTON A1lomersand FINDINGS OF FACT AND CONCLUSIONS - PAGE 7 Counselors P.O.Box 427 Meridian,Idaho $W2 Telephone 866 401 80 foot rights-of-way for mile section line roads , in that , this is the goal throughout the County and it is necessary to have uniformi-ty throughout the County. 14 . That it is concluded that it is necessary, if at all possible+, that property owners receive water which they are paying for and that requiring a pressurized irrigation system will facilitate that need . 15 . That it is concluded that for safety reasons it is necessary to restrict the length of a street which ends in a culdesac to 450 feet so that fire and safety vehicles are not hindered for access . 16. That due to the fact that the properties located at Lot 1 and Lot 2 , Chappin Subdivision and at 305 E . Fairview Avenue , are used commercially and it is concluded that it is in the best interest to bring the zoning of those properties in line with the actual use. 17 . That the proposed amendments are reasonable , desireable and in the best interest of the City of Meridian and its residences . AMBROSE, FITZGERALD d CROOKSTON Attomays and FINDINGS OF FACT AND CONCLUSIONS W PAGE 8 Counaalom P.O.Box 427 Meddlan,Idaho &W2 Telephone BBS 4461 I APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions . ROLL CALL : Commissioner Hepper Voted ,( Commissioner Rountree Vote : f4 Commissioner Shearer Voted G r4 Commissioner Alidjani Voted l— Chairman ,Johnson ( Tie Breaker ) Voted RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the Planning and Zoning Commission ' s proposed Amendments to the Zoning and Development Ordinances should be approved and adopted . MOTION : APPROVED : DISAPPROVED : AMBROSE. FITZGERALD &CROOKSTON AucXn"vand FINDINGS OF FACT AND CONCLUSIONS - PAGE 9 Counselor. P.O.Box 427 Meridian,Idsho B3B12 Taftphone BlISAM1 ' Y r� MERIDIAN PLANNING & ZONING FER4,W;& 13, 1990 The Regular Meeting of the Meridian P & Z COMM. was called to order by Chairman Jim Johnson at 7:30 P.M. : Members Present: Moe Alidjani, Charles Rountree, Jim Shearer, Tim Hepper: Others Present: Dale Bates, Max Boesiger, Darrell Calhoun, Gary Lee, Louise Bird, Penny McCathron, Wayne Crookston, Dale Bates, Sam Fishel,. Tami Shoemaker, Elmer Martin: The Motion was made by Alidjani and seconded by Rountree to approve of the Minutes of the previous Meeting held January 9, 1990 as written: Motion Carried: All Yea: ITEM #1: CONDITIONAL USE PERMIT FOR PUD BY WAYNE & MARY WILLIAMSON: Chairman Johnson: Read a letter received from Mary & Wayne Williamson requesting a change in their application. (Tape on File) The Motion was made by Shearer and seconded by Alidjani to reflect the change in the application in the Findings of Fact. Motion Carried: All Yea: OTEM #2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON PROPOSED AMENDMENT'S TO THE ZONING AND DEVELOPMENT ORDINANCE: Johnson: These are the items that the Planning & Zoning Commission have proposed changing or clarifying. Does anyone have comments on this? Shearer: We }i�t-e a slight error on Page #3 in the definition, it should be 3 or more for kennel defw;;ition, and also instead of being within in should be over three months of age. There zas further discuss40n. (Tape on file) Rountree: I have a question on Page 8, item 15, about the length of a culdesac, was that a recommendation from our Fire Department, the length? Clerk Niemann: Yes, that is what they wanted. They only carry 1200 ft. of hose. The Motion was made by Rountree and seconded by Shearer that the Findings & Fact be approved with the corrections noted. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea: Motion Carried: The Motion was made by Hepper and seconded by Rountree that the Meriiian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that the Planning and Zoning Commission's proposed Amendments to the Zoning & Development Ordinances should be approved and adopted,, with the changes noted.