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HomeMy WebLinkAbout1990 – Ordinance Petition & Hearing Zone and Develop November I NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the 4 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 20, 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 detached housing units to have a minimum garage size 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 &CROOKSTOt4 processing facilities , and to provide definitions for livestock Agorneys and Counselors a n d poultry . P.O.Box 427 Merld Ian,Idaho 83642 Telephone BBB-4461 u u r I wo 3 , oat - .. � t i . no is 11 ., vi I• _ a i _ - .. - iP'. - .. - - n(ii - _ :. . - it VIS i i I 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 D . 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 utilities 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 and Counselors P.O.Box 427 Meridian,Idaho M42 Telephone 8BB-4481 > r .. L,71 r• ,I it 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 . I.E . , 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 thi day of , r4w— 1990. A MA N , CITY CLERK AMBROSE, FITZGERALD BGROOKSTON Attorneys and Counselors P.O.Box 427 I Meridian,Idetio 83642 Telephone 8e81481 u u _. _ • .. 1 � .. - 1. .. .. �. I 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 14 , 1989 , and January 9 , 199010 respectively, the first publication of which was fifteen ( 15 ) days prior to each of said hearings ; that the matter was duly 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 a I I notices were available to Attorneys a" Coun *lora FINDINGS OF FACT AND CONCLUSIONS -� PAGE 1 Caunaelore P.O.Box 427 Meridian,Idaho 88842 Telephone 888.4461 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 possible confusion as to when an occupancy permit can be issued which is after completion of placement of all utilities , to set forth that a building permit wi 1 i 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 AMBROSE, irrigation systems where water is available from - an irrigation FITZGERALD &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 2 Counselors P.O.Box 427 Meridian,Idaho 8W2 Telephone$89AQ1 E 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 Clerk , City Engineer and the Chief of Police and it is more appropriate to have a simpler procedure unless requested to do so . 6 . 1 That it has been the policy of the City of Meridian in AMBROSE, FITZGER AMBROS the past to require single family detached units to have two car &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 3 Counselors P.D.Box 427 Meddlsn,Ideho 83842 Telephon*$88446t 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 . 8. 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 AM BROSE, FITZGERALD security for the completion of the improvements . A CROOKSTON Attorneys and Counselors FINDINGS OF FACT AND CONCLUSIONS - PAGE 4 P.O.Boy 427 MerWkan,Idaho &W2 Telephone BB-461 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 &CROOKSTON Aliorno"and FINDINGS OF FACT AND CONCLUSIONS - PAGE 5 Counaelora P,O.Box 427 Meridlan,Idaho &%42 Teiephone Wg-wi 3. That since the proposed amendments are proposed by the Commission , the technical requirements far 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. 6. That it is concluded that it is not in the best interest of the City of Meridian and its residents to require f ul 1 variance procedures for fence variances and that the proposed procedure wi11 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 MBROSE, which in certain and many areas are narrow and are a hinderance FnGERALD A CR0OKST0N Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 6 Counselors P.O.Box 421 Mertdlen,Idaho W642 Telephone 666-4461 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 livestock and poultry within the City under the Zoning Ord ina .ce 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 d CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 7 Counselors P.O.Box 427 Merldlan,Idaho 63642 Telephone 886.4461 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 uniformity throughout the County. 14 . That it is concluded that it is necessary, if at all possibl -e , 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 &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 8 Counselors P.O.Box 427 Merldlen,Idaho &W2 Telephone 88"461 i r 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 Voted Commissioner Shearer Voted Commissioner Alidjani Voted 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 Attorneysand FINDINGS OF FACT AND CONCLUSIONS -- PAGE 9 Counselors P.O.Box 427 Merldlan,Idaho &7842 Telephone88&44bt MERIDIAN PLANNING & ZONING JANUARY 9, 1990 PAGE #5 The Motion was made by Hepper and seconded by Alidjani to have the attorney prepare the Findings of Fact and Conclusions of Law for rezone with Conditional Use Permit for PUD by Wayne & Mary Williamson. Motion Carried: All Yea: Johnson: There will be no recommendation to the City Council at this time. ITEM #2: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: Johnson: I will now open the Public Hearing, is there anyone from the public who would like to testify. Being no response the Public Hearing was closed. The Motion was made by Alidjani and seconded by Hepper to have the attorney prepare the Findings of Fact and Conclusions of Law for the proposed amendements to the zoning & development ordinance. Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Hepper to recommend favorably to the City Council. Motion Carried: All Yea: Johnson: I've asked our City Engineer to give us a brief overview of our sewer system so we will be more in tune with what our city direction is. Smith: Addressed the Commission with a brief overview of the City's sewer system. The Motion was made by Hepper and seconded by Alidjani to adjourn at 9:00 P.M. : Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: 4JANIEMANN, CITY CLERK Mayor & Council, Stuart, ACHD, NMID, P & Z Members, Atty, ACC, Valley News, Eng., Building, Gass, Statesman, CDH,Settlers Police, Fire, Ward, Mail (2) File (2) 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 Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City H , 11 , 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 "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 ' ) ; 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 Meridian , Ada County, Idaho , and have frontage on Fairview Avenue and are known by the parcels and address as follows : AMBROSE, FITZGERALD A CROOKSTON Attorneys and Counselors P.O.Box 427 Meridlao,Idaho 83642 Telephone 868-4461 I j I' i� ff i.f 1 two m; 4 (' 1)l) o x.. ' ( � P .'�, � .. (l .�.r. -.. 7 .. JF♦5. � � - � _1�. � c .1 i 'J '. _ � f i ::0'� tir ] Ili r• :.GJ ? ". o - j�'". i _i'bi. Ii II nov, orsb a . . vol a, IA y+ 9. A et . Lai 'rl 90 Qi _ _I:rA �f i (i..A' -- , '.S� �. � .':` iIV19'1,i ;. v_:- J .1�. ^l;fl7V � W'J ' 'J 1!i�. '` F• .r ' v . 1 rzv.� 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 _ day of December , 1989 . JACK NI MANN , CITY CLERK AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83642 Telephone 888-4481 MEMORANDUR - NOVEMBER 16, 1989 RF,l NAtea from meeting with Larry Bledsoe @ Nampa City Hall - "Pressurized irrigation" BY : Gary D. Smith, P. E. - City Engineer General : Nampa' s system has developed over the past 12-15 year's. Originally the older town area had some shallow wells that pumped into open ditches for flood irrigation. The Nampa supply is diversified. They use wells, ditches ditches and drains. Ditch pumps are used but don' t work well because they aren't able to meet the peak demands. - Nampa locates their pipes on rear lot lines and in alleys. They use a class 125 PVC pipe and bury them about 30 inches. They don't blow the pipes out in the winter but do provide drain valves and pits in low points of the line to drain the lines. If the pipe is located in the street use a better grade of PVC for the main and services. Wells are the primary source of water for the system. Their irrigation season starts about 15 April and ends about 15 October. Irrigation before and after that is done with domestic water from the individual users system. Ditch water is used in the system after the demand exceeds the well production. The reason is that ditch water is dirty and presents problems in pumping and in the sprinkling systems of the home owners. (Our Storey Park system supports the problems in pumping ditch water ) - The City maintains the system to the curb stop (valve ) . (See the attached standard drawing ) - Presently it takes about 4 people to operate and maintain the irrigation system. (Estimation is 1 1/2 people for Meridian ) - Sometimes the irrigation system is inter-connected, with appropriate back flow devices, with the City domestic system. This is done on an interim basis until the particular part of the system is looped or otherwise reinforced by other developments. PAGE 2 - Required supply ( peak - when max. usage occurs) is 4 gallons/minute/lot. This required a minimum pipe size and a minimum well size. Perimeter pipes around a subdivision should be 6 to 8 inches in diameter so it can attach to adjacent subdivisions. - A majority of the system work is done by City crews during off-season time and during the slower season. - Size of riser provided for lot size : 7, 000 s. f. - max. 1 - 1" dia. 7, 000 - 14, 000 - max. 2 - 1" dia. 14, 000 - max. 1 - 1" dia. but, it is looked at on a case by case basis. FINANCIAL• - Subdivisions provide their own supply, whether, by well or ditch or a combination thereof. If any over-sizing is necessary the cost is supported by the City. - If a subdivision connects to the system and doesn 't provide a supply, the subdivision is assessed a $150. 00/ lot fee. - LID's are used to install systems in existing subdivisions. (Also used block grants and revenue sharing funds. ) The cost of the well supply is not levied to the subd. users in the LID. The supply cost is subsidized by system wide user fees. The LID's are generally 10 years in length. - A single family assessment fee is 590. 00 + $130. 00 for a 1" meter. If City domestic water is used for irrigation an additional assessment of 1/3 ERU is assessed for each 1, 000 s. f. of lot. (e. g. 8, 000 s. f. lot = 8 x 1/3 x $90. 00 = $240. 00. Therefore total water assessment = $90. 00 = $240. 00 = $330. 00) There appears to be some rationale for reducing the water assessment (hookup) fee to a lot having pressure irrigation. TYPICAL PRESSURE IRRIGATION SERVICE INSTALLATION Property or Easement Line I 6 5'+ Typical may vary to suit property owner tea. 3/4" „ Lawn R Garden ALLEY WITH TRAVELWAY (Typical) a it x I" Faucet In easements without Gafv. Tee* travelways, Curb Stop and Valve Box ' shall be -located to be near property line but not In fences o Turf Level Rr t"of=Wa 14, ::• F 111I till -.1111111��1111: ]111= 111 lilt Valve Box Cover Shall Be Threaded Plug, Raised Nut, 3i flog Finished Grade Valve Box Cover, PVC 3"Dia. Valve Box 'CIEOWN-- r 114Galy. Pipe +1 0 1 WwWkr Sleeve Type Saddle 18' Min. SCHEDULE 80 11 5`Curb Stop Valve Side of Valve e-pipe !8"Min. Notch Riser to Ea.-Side T Cover Valve I I I Slopes O Drain ' A LVariable a S0jt5'X1PVC Tee with Plug- (For possible extension into property) MAIN LINE NOTE: In alleys and other locations designated l/AR/ABLE /2is�/N. _ by Engineer, minimum 12" square x 4" thick concrete block shall be placed .under curb stop valve. CITY OF NAMPA, IDAHO Z.5 �MiN/MUM /N UNPAYED .AREAS WHERE rHE L/NE /S FREE ENGINEERING DEPARTMENT ORA/N/NG. REVISION J.3' MIN/MUM /N PAYED AREAS oR WHERE 01E L/NE /5 IRRIGATION NOT FREE DRAINING. a 31 JAN. 1985 G.LA DUPLEX HOSE BIB ' . 3 17 OCT. 1977 FRY OUTLET 2 19 SEPT. 1977 GL A. 1 16 JUNE 1977 GEA. owG.. pq. LNG REVISE' BYR rR CITY ' ENGINEER 4800, NOVEMBER 14, 1989 PAGE #k9 Olson : On the water situation with Mr. Robertson, we'd be glad to work with him. When we build our base up, I will bring a tractor over and ditch a small waste ditch down to where it flows to the waste ditch. I don't think we'd have any problem with crime in that area. In Caldwell we do have a six foot high fence because we are in a high crime area. I think barb wire fence would be enough. We' ll be glad to work with Mr. Robertson as far as the water. Johnson : Is there anyone else who wishes to testify, being no response the Public Hearing was closed. The Motion was made by Rountree and seconded by Shearer to have the attorney prepare the Findings of Fact and Conclusions of Law. Motion Carried : All Yea : The Motion was made by Hepper and seconded by Rountree to recommend to the Meridian City Council that they approve of the annexation and zoning for the Conditional Use Permit by Schultz & Olson. Motion Carried : All Yea : ITEM *5: PUBLIC HEARING : AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE. Johnson : I will now open the Public Hearing, is there anyone who wishes to testify, being no response the Public Hearing was closed. Rountree : I have one comment, it relates to the Kennel definition #11. We again get ourselves in conflict with another section of the Ordinance, so is there some way to correct this to affect all other sections. Shearer : I was wondering where we came up with 2 dogs, normally they have three in Ada County and Boise before they go into a kennel permit, isn 't it. Why are we going 10 ft. with a 45 and 9 ft. with the rest of it for the parking. There was further discussion on this. The Motion was made by Rountree and seconded by Shearer to have the Findings of Fact and Conclusions of Law prepared and recommend approval to the City Council with the corrections that were discussed. Motion Carried : All Yea: r.. %- NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall , 33 East Idaho Street , Meridian , Idaho, at the hour of 7 : 30 o ' clock p.m. , on November 14 , 1989 , for the purpose of considering and taking action on the Petition of the Planning and Zoning Commission to amend the Zoning and Development Ordinances of the City of Meridian , in the following fashion : 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 detached housing units to have a minimum garage size 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 Meridian , unless specifically authorized for meat or poultry processing facilities , and to provide definitions for livestock AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83642 Telephone e8&446t 104 T 1 II ij "Ohl in C Koo Wn abib ! "Op an . i . "T:, . Qnw rml rWnpyfq r! F. Aaufs ' n GEA 'ro incl ml In qV0 ng 1 m wr& jrrNpl tot unt "WO Sol T "Ol Ift- I or 1L a I II tj i. 0 ( Ll F 9PKINP MUM P- ! in! Tm do! a I Q S I " L Ann 1 "n f 0 1 a c 0 0 qF a 1 z f ry wr4 and poultry. 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 -2-414D 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 utilities 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 8, 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 AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83642 Telephone 8884461 1 j i f � i now, PT ❑h !1 .. i;- To yH of.. : i nr h is i 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 8 , DEFINITIONS, to change the definition of "Kennel " , such that, a Kennel would be any lot or premises on which more than two dogs , and/or cats and/or other household domestic animals , more than three months of age, are housed , groomed , breed , bordered , trained , sold or cared for . Public comment is welcome. DATED this ,�}h__ day of 1989 . RC �IN, CITY CLERK AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho &W2 Telephone$88-W l �I led no qxODm of "O j3Hb , eS ., nc Dolt .' fir,: . .i.in lul t ,i I I `i i NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho , that the Planning and Zoning Commission of the City of Meridian will hold a publ is hearing at the Meridian Ci ty H a 1 1 , 33 East Idaho Street , Meridian , Idaho , at the hour of 7 : 30 o ' clock p . m. , on November 14 , 1989 , for the purpose of considering and taking action on the Petition of the Planning and Zoning Commission to amend the Zoning and Development Ordinances of the City of Meridian , in the following fashion : 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 detached housing units to have a minimum garage size 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 Meridian , unless specifically authorized for meat or poultry processing facilities , and to provide definitions for livestock AMBROSE, FITZGERALD 3 CROOKSTON Attorneys and Counselors P.O.Box 427 Marldlan,Idaho M2 +Iephone BEe-wl v rr' and poultry. 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 -414D 6 ( a ) , to reduce the required width of parking spaces , 6 . To amend Section 11-2-414 0 6 by allowing compact car spaces to fulfill the parking requirements upon petition therefore. 7. To amend Section 11-2--421 , by the add tion of a new subsection which would allow occupancy permits to be issued only upon completion of placement of all utilities 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 AMBROSE, FITZGERALD 8 CROOKSTON Allorneys and Counselors P.O.Box 427 Merldlen,Idaho 87642 Telephone 86&1461 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 6 , DEFINITIONS, to change the definition of "Kennel " , such that , a Kennel would be any lot or premises on which more than two dogs , and/or cats and/or other household domestic animals , more than three months of age , are housed , groomed , breed , bordered , trained , sold or cared for . Public comment is welcome . DATED th i s,.?, day of 1989 . _ ---- -- ---- --- ' JACK M6 N , i TY- CLERK AMBROSE, FITZGERALO S CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho &V42 Telephone SOI14"i N,'ERIDIAN PLANNING & ZONIN( OCTOBER 10, 1989 PAGE # 9 It was the concensus of the Ccrtnission to not make a ration at this time. Itcn #3: Discussion & Review of Pending Amendments to the Zoning & Develognent Ordinance: Chairman Johnson: Sane of these amendments are housekeeping and same of them are things we need to do to bring our Ordinances up to date.I will let the City Attorney recap these for the CcnTnissions benefit. City Attorney: First Item is having to do with fences and variances, #2. has to do with garages, #3. has to do with livestock & poultry in the City Limits; #4: pertains to bulk & coverage controls: #5& 6: deal with parking: #7 & 8: pertain to Building & Occupancy Permit: #10: Pertain to the Pressurized Irrigation Systan: #9: pertains to 80 foot rightaway on all Section Line Roads: The other thing that was brought up was to change the definition of a kennel. The Notion was made by Rountree and seconded by Hepper to add the kennel provision and definiton to the petition to amend the zoning & developrent Ordinances: Motion Carried: All Yea: The Notion was made by Rountree and seconded by Hepper to approve the petition with the amendment above for the Amendments to the Zoning & Develognent Ordinances: Motion Carried: All Yea: (PETITION ON FILE WITH THESE MINUTES) Being no further business to cane before the Cartnission the Motion was made by Alidjani and seconded by Rountree to adjourn the meeting at 8:45 p.m. : Notion Carried: All Yea: (TAPE ON FILE OF THFSE PRO=INGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: 4 Ja ', City Clerk PC Mayor & Council P & , Mer hers Atty, Eng. , Fixe, Police Stuart, Ward, Gass, Bld. Dept. , Hallett Valley News, Statesman ACHD, CDH, NIMD, ACC, SIRD MAIL (2) FILE (3)