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HomeMy WebLinkAbout1991 – Ordinance Amendment 1 of 3 MERIDIAN CITY COUNCIL SEPT. 3, 1991 PAGE #4 Motion Carried: All Yea: ITEM #6: PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCES: Kingsford: I will open the Public Hearing, is there anyone from the public who would like to offer testimony on this issue? Hearing and seeing no response I will close the Public Hearing. The Motion was made by Tolsma and seconded by Myers to approve the Findings of Fact and Conclusions of Law prepared for P & Z. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: The :Motion was made by Tolsma and seconded by Myers to have the Attorney prepare an Ordinance appropriating the proposed amendments to the Zoning and Development Ordinances. Motion Carried: All Yea: ITEM #7: RICH ALLISON: Allison: Recently Meridian School District applied for Conditional Use Permits on two construction projects. One being Lowell Scott Addition and the second being Pioneer School, which will be located on McMillan Road between Eagle Road and Cloverdale, about half way on the south side. Upon getting these approvals, one of the conditions that came up that seemed very pertinent was the fact that the Lowell Scott addition is going to require a hookup to City Water for fire protection, and that being the case the nearest water course is Boise Water, which is approximately one mile from the site. Secondly the new Pioneer School also is required City Water or equivalent, and the equivalent is about 250,000 gallon capacity plus pumping and much what you would find out here for Albertson's Dry Storage Facility. That being the case we did contact Boise Water to find out what the, excuse me, first of all we had an engineer do a report to tell us how much the water costs would be to run one mile of water line. Secondly to run a pressurized line from Pioneer School back to Centennial High School. The cost on the water is approximately $200,000.00 plus some on-site work and the cost of sewer is $97,000.00. It is possible for Pioneer School to go on to septic system now rather than onto a sewer system. The other thing that came up at the Public Hearing for the Conditional Use Permit for the Planning & Zoning at Ada County was that there was a developer there who represents Mike Cabin, they own 80 Acres immediately adjacent to Centennial High School and they would like to develop immediately. Additionally the Murdoch's who have the 80 acres to the south and all the way out to Eagle Road are the ones that the school district is buying the twelve acre school site from. They have indicated in the past that they are willing to participate in water and sewer costs as well. Currently this lies within the Meridian Impact Area. Kingsford: It's in Ada County, it's not in an impact area. Allison: I guess the real question has come up either from the standpoint of Boise City or the standpoint of the City of Meridian as to who is going to serve that area_ with water and sewer. i i BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JULY 1991 APPLICATION TO AMEND THE ZONING ORDINANCE AND THE SUBDIVISION AND DEVELOPMENT ORDINANCE FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled application to amend the Meridian Zoning Ordinance and the Subdivision and Development Ordinance having come on for public hearing on July 9 , 1991 at 7 : 30 o ' clock p . m. , and the Planning and Zoning Commission having heard any and all testirony that was submitted , which there was no testimony, including the taking of judicial notice of matters of which it may take judicial notice , and including its knowledge of existing conditions and prior findings of fact and conclusions of law adopted on prior amendments to the Ordinances and having duly considered all the evidence , officially noticed evidence and the facts of the Ordinances , the Local Planning Act of 1975 , the Comprehensive Plan of the City of Meridian , the Planning and Zoning Commission makes the following : FINDINGS OF FACT 1 . That the Application was submitted by the Planning and Zoning Commission and is an amendment proposed by the Commission AMBROSE, after holding a special work session with the City Council which FITZGERALD a CROOKSTON w a s duly noticed . orn Coungelors Z , That there are two speci f is types of amendments invoI ved slon P.O.Box 427 M.rla364 2•ho $ FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 Telephone 668-4461 i i in the Petition which are 1 ) context , procedural , definitional and text amendments to clarify and 2 ) substantive amendments . 3 . That there are no amendments that pertain to one specific, parcel of land nor are there amendments to the zoning boundaries of any Zoning District . 4 . That the amendments are legislative and do not specifically involve the owners or users of any specific property or of the specific uses of any property . 5 . That at the public hearing held before the Planning and Zoning Commission there were no public comments or testimony or evidence submitted on the Petition to amend objecting to the amendments . 6 . That the definition changes are , in large part , clarifications to existing definitions or the addition of definitions which the Planning and Zoning Commission believe to be helpful in understanding and interpreting the Ordinances . 7 . That one definitional change in "district or Zone" and one substantive change in 11-2-407 C . , Official Schedule of District Regulations Adopted , is the deletion of the Agricultural zone; that this change is to reflect that the City does not now have , nor did it since 1984 , have any land zoned Agricultural although there are parcels that are used agriculturally but under grandfather rights ; that agricultural uses are generally in conflict with urban uses . AMBROSE, FITZGERALD 8. In the definition of Impact Area the language deleted ICROOKSTON Allorneysand from the definition improperly stated that the Area of Impact was Counselors P.O.Box 427 Merldlen,Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW 2 &W2 To4ophone 8$8-W I i governed by the zoning and development ordinances of the City ; the Impact Area , pursuant to Impact Area Agreements , is governed by the Ordinances of Ada County . 9 . That the change in 11-2-404 C and the addition thereto is to reflect that the terms of the Commission are in fact six years and to add to the Commission ' s powers the ability to appoint a hearing officer to hear certain matters as allowed under the Local Planning Act which the Commissions deems appropriate to assist it in its duties . Likewise the ability to appoint hearing officers by the City Council , as allowed under the Local Planning Act , is deemed to be appropriate and of administrative efficiency. 10 . • That in numbers 6 . and 7 . of the Petition to Amend , the Planning and Zoning Commission finds that such matter would be more economically and efficiently handled under the variance procedures rather than the conditional use procedures . 11 . That there are several amendments to reflect that the initial Zoning and Subdivision and Development Ordinances were passed on April 2 , 1984 , and that such date should be inserted to reflect that that date is determinative of grandfather related rights ; the Planning and Zoning Commission finds that such amendment reflects the actual policy in existence , 12 . That the changes pertaining to the R-4 Residential District , and the uses allowed therein , are amendments to more stringently retain the residential nature and quality of AMBROSE. FITZGERALD 8 CROOKOOKSTON residential life in the single-family dwelling neighborhoods of Attorneys and the City and to restrict the use of single-family dwellings to Counselor P.O.Box 427 M"Isnld"'° e36ax FINDINGS OF FACT AND CONCLUSIONS OF LAW 3 Telephone B804461 f that' use only rather than business or commercial ventures which such uses are hereby found to be intrusions of incompatible non - residential uses as presently prohibited under 11-2-408 B . 1 . , Low Density Residential District . 13 . That some of the amendments pertain to specific changes which were ordered by the Fourth Judicial District Court regarding the prior conditional use procedures of the City , specifically pertaining to the applicant paying for cost of publication , attorney and engineering fees , granting a lien to secure payment of the costs , making a statement that the use does not violate covenants or deed restriction , and requiring the applicant to obtain the consent of 75% of the property owners within 300 feet of the applicant ' s property . 14 . That the Court mandated changes required the City to make other changes , particularly in changing the responsibilities of who gives notice and who mails the notices . 15 . That the fee schedule was required to be deleted and the City Council authorized to set the fees by resolution in that new fees need to be adopted to reflect that many of the costs of processing some applications cannot now be passed on to the applicant ; additionally it was necessary to state that if the filing fees for applications were not paid that the City could revoke the permit or use granted ; this is an enforcement device AMBROSE. to insure that the reasonable fees of the City are paid . FITZGERALD 6 CROOKSTON 16. That it is necessary to amend the illustrations for Attorneys•nd °oan"lor` fences to show the areas where utility accesses are to be located P.Q.Box 427 Moddlen,Idaho &4612 Telepho"SM446t FINDINGS OF FACT- AND CONCLUSIONS OF LAW 4 i and show sufficient area so the fence does not interfere with access to the utility access . 17 . That there have been problems with the location of fences and it is necessary to provide guidance and standards for the placement of those fences . 18 . That additional governmental agencies have requested copies of development applications and therefore the number of copies required to be filed needed to be increased , and only 4 copies of conceptual engineering plans were necessary and therefore a change was required . 19 . That it is desireable for well planned subdivisions to have the locations of street lights shown on the plans . 20 . That the Meridian Transportation Committee has indicated that 80 foot road rights-of-way are required for section line road and therefore that requirement needed to be added to the subdivision requirements . 21 . The covenants of subdivisions are actually reviewed at the Council level and the ordinances should reflect that . 22 . That the City had in the past a requirement for tiling or fencing ditches ; that for better safety it is found that ti 1 ing of ditches will provide better safety and thus this requirement is being added back into the Subdivision and Development Ordinance . 23 . That it is found that there have been occasions where AMBROSE, FITZGERALD &CROOKSTON developers have not constructed improvements that were shown on Atfomayeand the plans ; that an enforcement and responsibility provision needed Counselors P.O.Box 427 M'r'd03642 "° FINDINGS OF FACT AND CONCLUSIONS OF LAW 5 TOI&PWne me-4461 to be enacted to place responsibility on the owner and developer to install and construct the planned improvements . 24 . That the City has been requiring irrigation systems to be installed in subdivisions to provide sprinkling water at cheaper rates and to save City water ; that this requirement has worked in some cases but there has been objection to it ; that an alternate method to pressurized irrigation would be to have developers construct or contribute to construction of new City wells . CONCLUSIONS OF LAW 1 . That the requirements of the Local Planning Act , Title 67 , Chapter 65 , Idaho Code , including all notice and hearing requirements have been met ; that the Planning and Zoning Commission has authority to recommend changes to the Zoning and Subdivision and Development Ordinances . 2 . That the Application was initiated by the Planning and Zoning Commission and not by any individual or private party . 3 . That the Commission may take judicial or official notice of existing conditions in the City, County and State , and of governmental actions , policies and ordinances and of its own prior findings in other land use Applications and those of the City Council . AMBROSE, 4 . That the function of adopting and amending the Zoning FITZGERALD 8CROOKSTON and Subdivision and Development Ordinances , is a legislative Attorneys an Counselors function mandated by the Local Planning Act itself . Burt vs . The Coun P,O.Box 427 Merldl■n,{deho M42 FINDINGS OF FACT AND CONCLUSIONS OF LAW 6 Telephone 886-4461 i City of Idaho Falls , 105 Idaho 65 , 665 P . 2d 1075 ( 1983 ) . That even though this is a legislative function , the Local Planning Act requires that the procedures of 67-6509 , Idaho Code , be met and thus Findings of Fact and Conclusions have been made . 5 . That the Application itself is concluded to meet the requirements of the Local Planning Act . 6 . That the Commission concludes that the facts presented and the officially noticed facts , the Commission ' s knowledge of how the City currently processes applications , the Court rulings , current conditions in the City , and the Findings of Fact are sufficient and support amendments to the Zoning and Subdivision and Development Ordinances . 7 . That it is in the best interest of the City and its citizens to amend the Zoning and Subdivision and Development Ordinances as set forth in the Petition , AMBROSE. FITZGERALD 6CROOKSTON Attomeys and Counselors P.O.Box 427 Merldlen,Idaho $3642 FINDINGS OF FACT AND CONCLUSIONS OF LAW 7 Telephone W-4415i I 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 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 that the Planning and Zoning Commission ' s proposed Amendments to the Meridian Zoning and Subdivision and Development Ordinances should be approved and adopted . MOTION : APPROVED : DISAPPROVED : AMBROSE. FITZGERALD &CROOKSTOON Attorneys and Counselors P.O.Box 427 Merld$3042deho FINDINGS OF FACT AND CONCLUSIONS OF LAW 8 Telephone SM4461 oe j I 1991 PETITION TO AMEND THE ZONING ORDINANCE AND THE SUBDIVISION AND DEVELOPMENT ORDINANCE 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 Subdivision and Development Ordinances of the City of Meridian : to-wit ZONING ORDINANCE 1 . To amend 11 -2-401 C . , Jurisdiction , deleting the last phrase in the paragraph which reads , "Commonly referred to as the Area of Impact" , and replacing it with the following language , "Under the Area of Impact agreements between the City and Ada County" . 2 . Amending 11-2-402 A . , Intent and Purpose , by deleting the last three words in the first sentence of the paragraph which read , " and impact zone" , and replacing them with the following language , "and land over which the City has jurisdiction under the Area of Impact Agreements between the City and Ada County" , 3 . Amending 11-2-403 B . , Definitions as follows for the following words , to wit : Applicant , by adding to the definition , "Applicant also includes any person submitting a request for rezone , conditional use , accessory use , annexation , or request to be allowed to make any application authorized under this ordinance" . Applications , to substitute a comma in the third line of the definition after the word plats for the period that presently exists there. Automobile Wrecking Yard , to replace the sixty ( 60 ) day requirement with thirty ( 30 ) days . Building , existing , adding to the definition the following language at the end , " as of the effective date of this ordinance ' s initial adoption on April 2 , 1984 . Cemetery, deleting the fourth word in the second line AMBROSE, of the definition , which is , "cemetery" , and FITZGERALD substituting the word " internment" . &CROOKSTON Attorneys and Counselors P.D.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian,Idaho OF T H E CITY OF MERIDIAN --- PAGE 1 83642 Telephone 888-4461 i ji 4 Certificate of Occupancy, in the third line changing the language which now reads as follows , "has been changed , the purpose for which the building was constructed or was changed is being" , to the following language , "has been changed , the purpose for which the building was constructed or changed is capable of being" . Clinic (Medical , Dental , Optical ) , changing the definition to read as follows , "A building ( other than a hospital ) used by one ( 1 ) or more health care practitioners for the purpose of care, diagnosis or treatment of sick , ailing , infirm, or injured patients , or those who are in need of medical and surgical attention , but which building does not provide board , room or regular hospital care and services . " Commercial Use or Business , changing the definition to read as follows , "The purchase , sale or other transaction involving the handling or disposition of any article , substance or commodity, or the dispensing of services for livelihood or profit ; ownership or management of office buildings , offices for recreational , entertainment or amusement enterprises or the maintenance and use of offices by professions and trades rendering services is included in this definition . " Convalescent or Nursing Home , Rest Home, changing the definition to read as follows , "Any home , place or institution which operates or maintains facilities providing convalescent , or chronic care, or both , for a period in excess of twenty-four ( 24 ) consecutive hours for two ( 2 ) or more patients not related by blood or marriage to the operator , and said patients , who by reason of illness or infirmity, are unable to properly care for themselves . Court, deleting from the definition , " located above grade level " . Dairy Farm, delete the last clause of the definition which reads as follows , "and where the milking area is subject to the approval of the Idaho State Department of Health . District or Zone , in the third line of the definition delete the sentence that reads as follows , "The letter (A ) shall represent the Agricultural District" . Entertainment Facilities ( Commercial ) , changing the definition to read as follows , "Any structure housing any AMBROSE, "for profit" activity, which is generally related to the FITZGERALD ROOKTO entertainment field such as motion icture theaters 6 CFOOKSTON f P , taverns , night clubs , cocktail lounges , bowling allies , and Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Merkda3S42Idaho OF THE CITY OF MERIDIAN - -- PAGE 2 TBiephonQ 8BB-4461 Ik i I v �. � _ � : - ,: ; . �. . � . � , . , � . - - _ f , . . _ `" - � . . �. �: � : , . : , � , � - , • �; � . ,, _ _ _ � .. -�r�. � - _.,� . - . . - „ . . ;. ; , _ � � � . _. ._ ,�� .� similar entertainment activities . " Lot , Flag lot. , adding this definition between Lot , Double Frontage and Lot , Frontage , and the definition to read as follows , "A lot in the shape of a flag on a pole or similar design " . A flag lot shall have a minimum frontage of thirty ( 30 ) feet on a public street and a structure placed on a flag lot shall have the Douse facing the street frontage . Highway, deleting the definition presently stated and inserting the following definition , "means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular traffic , with jurisdiction extending to the adjacent property line, including sidewalks , shoulders , berms , and rights-of- way not intended for motorized traffic . The term ' street ' is interchangeable with highway, " Impact Area , deleting from the definition the last sentence, which reads as follows , " that area shall be governed by the ordinances of the City of Meridian pertaining to zoning and development" . Loading and Unloading Space , Off Street, changing the " and" in the second to the last word of the definition to "or" . Manufacturing , Heavy, in the third line adding a comma after the word "character" . Manufacturing , Light, in the fourth line of said definition deleting the semi -colon between the two words "structures" , and "and " , and inserting a comma . Mobile Home , deleting the sentence "Amended Ordinance 207 " . Original Parcel of Land , adding at the end of the definition the following , " , April 2 , 1984" . Ownership , changing the definition to read as follows , "The individual , firm, association , syndicate, partnership or corporation who has title of property" . Parking Area or Lot ( Public ) , in the third line changing the "and" between automobiles and commercial , to "or" , Professional Offices , deleting the definition and substituting the following , " structures where those engaged AMBROSE, in a profession conduct their business and activity" . FITZGERALD &CROOKSTON Seat , adding to the definition the insertion of the Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian,Idaho aS42 OF THE CITY OF MERIDIAN - -- PAGE 3 384 Telephone 85&4461 i i following sentence right after seat , " the place at , or the thing on , which one sits " . Walkway, deleting from the definition the following language , "five ( 5 ) feet or more in width " . 4 . Amending 11-2-404 C . , Commission-Planning and Zoning Commission , such that it reads as follows : "The Commission shall consist of five ( 5 ) voting members . They shall be appointed by the mayor and confirmed by majority vote of the council for terms of six ( 6) years . An appointed member of the commission must have resided in the county for five ( 5 ) years and in the city for one ( 1 ) year prior to his appointment , and must remain a resident of the city during his service on the commission . Except that at least one ( 1 ) but not more than two ( 2 ) members may be appointed from residents of the City Impact Area , outside the corporate limits . Such members shall have similar residence requirements as those within the City, except that they need not have resided in the City for one ( 1 ) year . Members of the Commission shall be selected without respect to political affiliations and shall serve without compensation . Members may be removed for cause by a majority vote of the council . " And additionally amending 11 -2-404 C , COMMISSION , 2 . , by the addition thereto of the following at the end of the present paragraph : '' Pursuant to Section 67-6520, Idaho Code , the Commission may appoint hearing examiners for—tearing applications for subdivision and variance permits , and requests for zoning district boundary changes which are in accordance with the plan , and conduct all other business in accordance with Idaho Code , Section 67-6520" . 5 . Amending 11-2-404 D . , Council , 1 . , Duties , by the addition thereto of the following : " c . Pursuant to Section 67-6520, Idaho Code , the council may appoint hearing examiners for hea ng applications for subdivision and variance permits , and requests for zoning district boundary changes which are in accordance with the plan , and conduct all other business in accordance with Idaho Code , Section 67-6520" . "d . The council shall perform such other duties as set AMBROSE, forth herein " . FITZGERALD &CROOKSTON 6 . 11-2-405 C . , Use and Bulk Regulations , 1 . at the end of Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Me"°93542 ° OF THE CITY OF MERIDIAN - -- PAGE 4 Telephone B9&440 1 t term "conditional use" shall be replaced with paragraph . , h e e co p � "variance" . � 7 . 11-2-405 C. 2 . , Bulk , the phrase " conditional use" at the end of the section shall be replaced with "variance" . 8. 11-2-406 B . , Avoidance of Undue Hardship , in the fourth line the language "or amendment" should be deleted and after the word ordinance there should be placed a comma and the date April 2 , 1984 . 9 . 11-2-406 C . , in the fourth line the language "or amendment" should be deleted and after the word ordinance there should be placed a comma and the date April 2 , 1984 . 10 . 11-2-407 B . 2 . d . , should be amended to read as follows , " to have narrower or smaller rear yards , front yards , side yards , or other open spaces ; and" . 11 . 11-2-407 C . , Official Schedule of District Regulations Adopted , second paragraph in the second line the word "agricultural " should be deleted . 12 . 11-2-408 B . , Zoning Districts 1 . , R-4 should be amended to add the following language "Only Single Family Dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools " . 13 . 11-2-409 , Zoning Schedule Of Use Control , should be amended to show that in the R-4 Residential District only single family dwellings , planned residential developments and public schools shall be allowed in that district ; that the Residential , Commercial , and Industrial listings should be amended to reflect the above and that no conditional uses shall be allowed for other uses . 14 . 11-2-409 , Commercial -Churches , should be amended so that they are a permitted use in the Old Town District . Child Care Centers should be a conditional use in the C-G Zone . Under Bars , Alcoholic Establishments , they should be a conditional use in the Old Town Zone , 15 . 11-2-409 , Zoning Schedule Of Use Control , C . , Industrial , should be amended to remove from the " Fabricated Metal Products { Except Major Welding and Foundry Operations" the "Major Welding" . AMBROSE, 16 . 11-2-410 A. Zoning Schedule of Bulk and Coverage FITZGERALD Controls , the A District and its associated requirements should &CROOKSTON be deleted , and the I under Districts should be changed to I -L . Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian,Idaho OF T H E CITY OF MERIDIAN - -- PAGE 5 83642 Telephone 88&4461 1 ' 1 owl An rr ; .rdF9^ 151 a' ' 9 a � ai fir ; . :13 e' t, 9 ? r i Ci err IL ' _ .'-z.' r�.� ? a^ ram• _ . s ' I - I I Also , an asterisk ( * ) should be added under R-15 , Minimum Yard Setback Requirements from road right-of-way interior side so that the street frontage is determined on the cul -de-sac lots at the setback line , and a footnote ( 7 ) should be added stating that "On corner lots in Residential Districts , the rear set back may be determined on a side of the structure, at the option of the builder" , and a ( 7 ) shall be added under Minimum Yard Set Back Requirements under Rear Set Back in the R-4 , R-8, R-15 and R-40 Districts ; and the phrase "from Road Right-of-Way" shall be deleted from "Minimum Yard Setback Requirement from Road Right- of-Way" . 17 . 11-2-410 B . 4 . , Architectural Projections , should have the word "chimney" added after the words "covered patios " and before the word "and " . 18. 11-2-410 D. 1 . B . (4 ) , shall be changed to read as follows , "The use shall be considered as a Commercial Use" . 19 . 11-2-410 D . 1 . b . ( 5 ) , shall be changed to read as follows , "Pay the fee of $80 . 00" . 20 . 11-2-410 D . 1 . b ( 7 ) , shall be changed to read as follows : " If there are no objections filed within the time for filing the same the zoning administrator may grant the request" . 21 . 11-2-411 D . shall be amended to add a new paragraph at the end of the subsection which shall read as follows : `IAII single-family ( R-4 , R-8, R-15 ) detached dwelling houses which have multi -stories shall have a minimum of eight 3 hundred ( 800 ) square feet of living space on the ground floor. " 22 . 11-2-413 C . 1 . , shall be repealed . 23 . 11-2-413 C 11 . , shall be repealed . 24 . 11-2-414 D , Design Standards For Off Street Parking , should have an additional subsection added to it , a 3 . , which would state as follows : " 3 . Drainage : A drainage plan designed by an architect or an engineer shall be submitted and required for all off street parking areas and shall be approved by the City Engineer . " Also, in that section 11-2-414 0 . some requirement for AMBROSE, parking space requirements for schools should be added , and review FITZGERALD the number of parking spaces required for a nursery and day care S CROOKSTON Attorneys 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Counselors elofa P.O.Box427 OF THE CITY OF MERIDIAN - -- PAGE 6 Meridlan,Idaho 83642 Telephone808-4461 I centers relating to the number of children and staff . f I 25 . 11-2-416 B , Initiation of Zoning Amendments , last paragraph shall have the fallowing deleted , "When a zoning amendment and development request are issued simultaneously, the procedure that shall be followed shall be that which is outlined in Section 4 , Title 9 , Chapter 6 , of the City Ordinances entitled Subdivision Approval Procedure" . 26 . 11-2-416 C 17 , shall be repealed . 27 . 11-2-416 E , Procedures , 1 . shall be amended to read as follows : "The applicant shall provide the City Clerk with the names and addresses of property owners within 300 feet of the external boundaries of the land being considered , and any additional area that may be impacted by the said application , as determined by the Zoning Administrator the applicant shall deliver a sworn notarized statement that the list of property owners are the owners of the property as shown by the records of the Ada County Assessor; one week prior to the hearing set pursuant to 11-2-416 E . 2 . b . , Applicant shall post a copy of said notice of hearing of the application on the property under consideration ; and after the property has been posted the applicant shall deliver to the zoning administrator a notarized statement that he has posted the property and the date the posting was placed . 28. 11-2-416 E . 2 , shall be amended as follows : "The commission shall : a . Give notice of the hearing , at least fifteen ( 15 ) days prior to the hearing , by certified mail to property owners within the land being considered and to owners within three hundred ( 300 ) feet of the external boundaries of the land being considered and any additional area that may be impacted by said application as determined by the Zoning Administrator . Said notice , by certified mail , must be deposited with the United States Post Office at least fifteen ( 15 ) days prior to the hearing and said notice shall contain a vicinity map of the property, a brief statement of the nature of the application , the name and address of the applicant . When notice is required to two hundred ( 200 ) or more property owners or residents , in lieu of the mail notification , notice of the proceeding and hearing required AMBROSE, hereby may be given by publ ishing the notice and vicinity map FITZGERALD for two ( 2 ) consecutive weeks in the official newspaper of &CROOKSTON the City of Meridian . Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Merldlan,Idaho OF THE CITY OF MERIDIAN --- PAGE 7 8a842 Telephone 8W4481 I I b . Prior to recommending an application , conduct at least one ( 1 ) public hearing in which interested persons shall have an opportunity to be heard . At least fifteen ( 15 ) days prior to the hearing, notice of the time and place and a summary of the application to be discussed shall be published in the official newspaper or paper of general circulation within the City of Meridian . c . Within forty-five ( 45 ) days from the hearing, transmit its recommendation to the Council with supportive reasons . The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision . The Commission shall recommend that the application be approved , approved with conditions or denied . The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with the Comprehensive Plan , this Ordinance and State law. d . Maintain a record of the hearing, findings made and actions taken . 29. 11-2-416 F . 1 . , should be amended such that it reads as follows : "Hearing : The Council shall conduct at least one ( 1 ) public hearing following the notice and requirements contained in 11-2- 416 E . 2 . , but the Council need only mail notice as required by 11-2-416 E . 2. a , by ordinary first call mail . 30 . 11-2-417 , shall be amended by deleting from the second paragraph of that section the following language , "And a statement of the owner granting to the City a lien against the property to secure the payment of all costs incurred by the City, including engineering , publication and attorney costs and fees , 31 . 11-2-418 B . , shall be amended by the deletion in the second sentence of the phrase "or lessee" . 32 . 11-2-413 B . 12 , 14 , 15 and 18 shall be repealed . 33. 11-2-419 B . 22 , shall be repealed . 34 . 11-2-422 A . shall be deleted and a new section 11-2-422 A . should be adopted which should read as follows : AMBROSE. " 11-2-422 A. A Petitioner or applicant for any of the FITZGERALD zoning or planning matters in this Title shall pay the fees &CROOKSTON established by the City Council , by resolution . No petition Attorneys and Counaelors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES erid4nxdah OF THE CITY OF MERIDIAN --- PAGE 8 Merldiaan,Idaho 83842 Telephone W84461 I u"I1t,W i)7+.t 4.(` 'r �u ^• , , I I i i i or application , except as hereafter provided , shall be accepted by the City unless accompanied by the required fi 1 ing fee . " 35 . 11-2-422 E , shall be amended by the deletion of everything in the section , except the following language : " If all fees are not paid , the City may revoke any zoning permit , conditional use permit , accessory use permit , variance , occupancy permit , zoning certificate or other grant of authority initially given the applicant , and in the case of an annexation procedure , the City may de-annex said property. " 36. 11-2-424 A2 . , on the Fence Designations , the drawings should show the dimensions around utility access facilities such as water meters , fire hydrant , power transformers , etc . , to be 4 ` x 4 ' and the appendix shall have deleted from it references to "chain link fence" and "open fence" shall be substituted therefore. SUBDIVISION AND DEVELOPMENT ORDINANCE 37 . 11-9-604 C . 4 . c . shall be deleted and d . shall be re- lettered to c . 38 . 11-9-604 C . 5 . a . , b . and c . shall be amended to delete the "twenty-seven ( 27 ) " copies and insert " thirty ( 30 ) " copies . 39 . 11-9-604 C . 5 . d . shall be amended to delete the seven ( 7 ) sets of conceptual engineering plans to four (4 ) conceptual engineering plans and the City Engineer shall make the determination as to the drawings conformance to the proposed improvements to applicable regulations , ordinances and standards . 40 . 11-9-604 C . 6 . , Requirements of Preliminary Plats , m. , shall be amended to read as follows : "Any proposed or existing utilities , including , but not limited to, storm and sanitary sewers , irrigation laterals , ditches , drainages , bridges , culverts , water mains , fire hydrants , street lights , and their respective profiles " . 41 . 11-9-604 H. 1 , a . shall be amended to delete twenty- seven ( 27 ) and insert thirty ( 30 ) . AMBROSE, FITZGERALD 42 , 11-9-605 8 . 3 . a . shall be amended to add to that SCROOKSTON portion of the Highway and Street Types under Major Arterial Attorneys and " Section Line Roads " so that they are required to have 80 feet of Counselors P.O-Box 427 Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES 83842 OF THE CITY OF MERIDIAN - -- PAGE 9 Telephone 8W4481 I right-of-way. 43. 11-9-605 I . , second paragraph , first sentence , sha11 be amended to delete "Commission " and insert " Council " , 44 . 11-9-605 J . Fences , shall be amended to add a new subsection which shall be lettered k , and which shall read as follows : " 11-9-605 J . 7 , k . Any developer intending to construct a fence on top of a berm shall show the berm and the fence on the preliminary plat and shall include with the preliminary plat the design , placement , heights , specifications , and drawing of said fence . " 45 . 11-9-605 J . shall have a new paragraph numbered 11-9- 605 J . 8. which would read as follows : " 11-9-605 J . 8. Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design , placement , heights , specifications , and drawing of said fence . " 46 . 11-9-605 J . 10 . a . 12 . shall be deleted . 47 . A new section 11-9-605 M . , shall be added relating to Piping Of Ditches , which would read as follows : 1IM . Tiling of irrigation ditches , laterals or canals . All waterways , irrigation ditches , laterals or canals , exclusive of natural waterways , intersecting , crossing or lying adjacent and contiguous to an area being subdivided s h a I I be covered and enclosed with tiling or other equivalent covering which has the same ability to detour access to said ditch , lateral or canal , or any part of said lands or areas being subdivided which abut either or both sides of said ditch , lateral or canal . The City may waive this requirement for covering such ditch , lateral or canal , if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected irrigation district . No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any waterway, irrigation ditch , lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise AMBROSE, naturally include . FITZGERALD &CROOKSTON 48 . 11-9-606 A. , Responsibility For Plans , shall be amended such that the existing paragraph is designated as paragraph 1 . and Attorneys and Counselors P.O.Box Meridian, Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES 83642 OF THE CITY OF MERIDIAN --- PAGE 10 Telephone 8884461 a new paragraph added designated as 2 , which should read as f o I lows : " It shall be the responsibility and liability of every subdivider , and the owner of the land being subdivided , to construct and install every improvement shown on the plat of the subdivision or represented to be included in the subdivision at any presentation before the Planning and Zoning Commission or the City Council and this responsibility and liability shall run with the land and this responsibility and liability shall be shown on the plat of the subdivision . " 49 . 11-9-606 B . 13 . shall be amended to add a new paragraph number 13 . c . , which shall read as follows , "c . Every subdivider shall show on his development plan where each street light is to be placed in the subdivision " . 50. 11-9-606 B 14 should be amended by the addition of the following language at the end of the existing paragraph : "Also , the above requirement may be waived if the subdivider either 1 ) deeds to the City land for a well , drills the well and places the well on line with the City water system, including the necessary pumps , piping, values , pressure equipment , and all other equipment necessary, and which well depth and capacity are determined by the City ; or 2 ) the subdivider deposits , gives and grants sufficient funds with the City to purchase land , construct and drill a well , and purchase all necessary equipment to put the wel l on l i n e with the City water system. In many subdivisions the latter option may be preferable to the City so that the City may combine funds to drill and equip one large well to service several subdivisions , rather than have several smaller wells of less capacity. 51 . 11-9-615 A. 1 . should be deleted and a new section 11- 9-615 A. 1 . should be adopted which should read as follows : " 11-9-615 A. 1 . A Petitioner or applicant for any of the subdivision or application matters in this Title shall pay the fees established by the City Council , by resolution . No petition or application , except as except as hereafter provided , shall be accepted by the City unless accompanied by the required filing fee . 52 . 11-9-617 A. 3 . , there should be a drawing added showing AMBROSE, the sight triangles for fences . FITZGERALD a CROOKSTON DATED this d a y of , 1991 . Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian,Idaho OF T H E CITY OF MERIDIAN - -- PAGE 11 83642 Telephone888-4481 I f i MO SIN , -7H'AI(FMT LANK N N COMMISSION AM BROSE, FITZGERALD 6 CROOKSTON Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 12 83842 Telephone 888-4461 i I� 1991 PETITION TO AMEND THE ZONING ORDINANCE AND THE SUBDIVISION AND DEVELOPMENT ORDINANCE 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 Subdivision and Development Ordinances of the City of Meridian : to-wit ZONING ORDINANCE 1 . To amend 11-2-401 C . , Jurisdiction , deleting the last phrase in the paragraph which reads , "Commonly referred to as the Area of Impact" , and replacing it with the following language , "Under the Area of Impact agreements between the City and Ada County" . 2 . Amending 11 -2-402 A. , Intent and Purpose , by deleting the last three words in the first sentence of the paragraph which read , " and impact zone" , and replacing them with the following language , " and land over which the City has jurisdiction under the Area of Impact Agreements between the City and Ada County" . 3 . Amending 11-2-403 B . , Definitions as follows for the following words , to wit : Applicant , by adding to the definition , "Applicant also includes any person submitting a request for rezone, conditional use, accessory use , annexation , or request to be allowed to make any application authorized under this ordinance" . Applications , to substitute a comma in the third line of the definition after the word plats for the period that presently exists there . Automobile Wrecking Yard , to replace the sixty ( 60) day requirement with thirty ( 30 ) days . Building, existing , adding to the definition the following language at the end , "as of the effective date of this ordinance ' s initial adoption on April 2 , 1984 . Cemetery , deleting the fourth word in the second line of the definition , which is , "cemetery" , and AMBROSE, substituting the word " internment" . FITZGERALD &CROOKSTON Attorneys and Counselors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES P.O.Box427 OF THE CITY OF MERIDIAN - -- PAGE 1 Meridian,Idaho 83642 Telephone W 4481 i I f Certificate of Occupancy , in the third line changing the language which now reads as follows , "has been changed , the purpose for which the building was constructed or was changed is being" , to the following language , "has been changed , the purpose for which the building was constructed or changed is capable of being" . Clinic ( Medical , Dental , Optical ) , changing the definition to read as follows , "A building ( other than a hospital ) used by one ( 1 ) or more health care practitioners for the purpose of care, diagnosis or treatment of sick , ailing, infirm, or injured patients , or those who are in need of medical and surgical attention , but which building does not provide board , room or regular hospital care and services . " Commercial Use or Business , changing the definition to read as follows , "The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity , or the dispensing of services for livelihood or profit; ownership or management of office buildings , offices for recreational , entertainment or amusement enterprises or the maintenance and use of offices by professions and trades rendering services is included in this definition . " Convalescent or Nursing Home , Rest Home, changing the definition to read as follows , "Any home, place or institution which operates or maintains facilities providing convalescent , or chronic care, or both , for a period in excess of twenty-four ( 24 ) consecutive hours for two ( 2 ) or more patients not related by blood or marriage to the operator, and said patients , who by reason of illness or infirmity, are unable to properly care for themselves . Court, deleting from the definition , " located above grade level " . Dairy Farm, delete the last clause of the definition which reads as follows , " and where the milking area is subject to the approval of the Idaho State Department of Health . District or Zone , in the third line of the definition delete the sentence that reads as follows , "The letter ( A ) shall represent the Agricultural District" . Entertainment Facilities ( Commercial ) , changing the definition to read as follows , "Any structure housing any AMBROSE, "for profit" activity, which is generally related to the FITZGERALD &CROOKSTON entertainment field , such as motion picture theaters , taverns , night clubs , cocktail lounges , bowling allies , and Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Merl83642tlaha OF THE CITY OF MERIDIAN --- PAGE 2 Telephone 688-4461 i i i similar entertainment activities . " Fence . An enclosure ; especially, an enclosing barrier , as one to prevent straying from within or instrusion into . Fence , Open . A fence that does not restrict or impede vision or sight through the fence by more than twenty percent ( 20%) . Lot , Flag lot , adding this definition between Lot , Double Frontage and Lot , Frontage , and the definition to read as follows , "A lot in the shape of a flag on a pole or similar design" . A flag lot shall have a minimum frontage of thirty ( 30 ) feet on a public street and a structure placed on a flag lot shall have the house facing the street frontage . Highway, deleting the definition presently stated and inserting the following definition , "means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular traffic , with jurisdiction extending to the adjacent property line, including sidewalks , shoulders , berms , and rights-of- way not intended for motorized traffic . The term ' street ' is interchangeable with highway. " Impact Area , deleting from the definition the last sentence, which reads as follows , " that area shall be governed by the ordinances of the City of Meridian pertaining to zoning and development " . Loading and Unloading Space, Off Street, changing the " and" in the second to the last word of the definition to "or" . Manufacturing , Heavy, in the third line adding a comma after the word "character" . Manufacturing, Light, in the fourth line of said definition deleting the semi -colon between the two words "structures " , and "and" , and inserting a comma . Mobile Home, deleting the sentence "Amended Ordinance 207" . Original Parcel of Land , adding at the end of the definition the following , " , April 2 , 1984" . Ownership, changing the definition to read as follows , "The individual , firm, association , syndicate , partnership or AMBROSE, corporation who has title of property" . FITZGERALD &CROOKSTON Parking Area or Lot ( Public ) , in the third line changing Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian,Idaho OF THE CITY OF MERIDIAN - -- PAGE 3 Telephone 68&4461 I I f the "and" between automobiles and commercial , to "or" . Professional Offices , deleting the definition and substituting the following , " structures where those engaged in a profession conduct their business and activity" . Seat , adding to the definition the insertion of the following sentence right after seat , " the place at , or the thing on , which one sits " . Walkway, deleting from the definition the following language , "five ( 5 ) feet or more in width" . 4 . Amending 11-2-404 C . , Commission-Planning and Zoning Commission , such that it reads as follows : "The Commission shall consist of five ( 5 ) voting members . They shall be appointed by the mayor and confirmed by majority vote of the council for terms of six ( 6 ) years . An appointed member of the commission must have resided in the county for five ( 5 ) years and in the city for one ( 1 ) year prior to his appointment , and must remain a resident of the city during his service on the commission . Except that at least one ( 1 ) but not more than two ( 2 ) members may be appointed from residents of the City Impact Area , outside the corporate limits . Such members shall have similar residence requirements as those within the City , except that they need not have resided in the City for one ( 1 ) year . Members of the Commission shall be selected without respect to political affiliations and shall serve without compensation . Members may be removed for cause by a majority vote of the council . " And additionally amending 11 -2-404 C , COMMISSION , 2 . , by the addition thereto of the following at the end of the present paragraph : "Pursuant to Section 67-6520, Idaho Code , the Commission may appoint hearing examiners for hearing applications for subdivision and variance permits , and requests for zoning district boundary changes which are in accordance with the plan , and conduct all other business in accordance with Idaho Code , Section 67-6520" . 5 . Amending 11-2-404 D . , Council , 1 . , Duties , by the addition thereto of the following : "c . Pursuant to Section 67-6520, Idaho Code , the council AMBROSE, may appoint hearing examiners for hearing appl ications for FITZGERALD &CROOKSTON subdivision and variance permits , and requests for zoning district boundary changes which are in accordance with the Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Merl°essi2dan° OF THE CITY OF MERIDIAN --- PAGE 4 Telephono SU-4481 i i i{ f plan , and conduct all other business in accordance with Idaho Code, Section 67-6520" . f "d . The council shall perform such other duties as set forth herein " . 6 . 11-2-405 C . , Use and Bulk Regulations , 1 . at the end of paragraph 1 . , the term "conditional use" shall be replaced with " variance" . 7 . 11-2-405 C . 2 . , Bulk , the phrase "conditional use" at the end of the section shall be replaced with "variance" . 8. 11-2-406 B . , Avoidance of Undue Hardship , in the fourth line the language "or amendment" should be deleted and after the word ordinance there should be placed a comma and the date April 2 , 1984 . 9. 11-2-406 C . , in the fourth line the language "or amendment" should be deleted and after the word ordinance there should be placed a comma and the date April 2 , 1984 . 10 . 11-2-407 B. 2 . d . , should be amended to read as follows , " to have narrower or smaller rear yards , front yards , side yards , or other open spaces ; and" . 11 , 11-2-407 C . , Official Schedule of District Regulations Adopted , second paragraph in the second line the word " agricultural " should be deleted . 12 . 11-2-408 B . , Zoning Districts 1 . , R-4 should be amended to add the following language "Only Single Family Dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools " . 13 . 11-2-409 , Zoning Schedule Of Use Control , should be amended to show that in the R-4 Residential District only single family dwellings , planned residential developments and public schools shall be allowed in that district ; that the Residential , Commercial , and Industrial listings should be amended to reflect the above and that no conditional uses shall be allowed for other uses . 14 . 11-2-409 , Commercial -Churches , should be amended so that they are a permitted use in the Old Town District . Child Care Centers should be a conditional use in the C-G Zone . Under Bars , AMBROSE Alcoholic Establishments , they should be a conditional use in the , FITZCEAALO Old Town Zone . &CAOOKSTON Attorneys and 15 . 11-2-409, Zoning Schedule Of Use Control , C . , Counselors P.O.Box 427 Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES B3b42 OF THE CITY OF MERIDIAN --- PAGE 5 Telephone 8884A61 E Industrial , should be amended to remove from the " Fabricated Metal Products ( Except Major Welding and Foundry Operations" the "Major Welding" . 16 . 11-2-410 A. , zoning Schedule of Bulk and Coverage Controls , the A District and its associated requirements should be deleted , and the I under Districts should be changed to I -L . Also, an asterisk ( *) should be added under R-15 , Minimum Yard Setback Requirements from road right-of-way interior side so that the street frontage is determined on the cul -de-sac lots at the setback line , and a footnote ( 7 ) should be added stating that "On corner lots in Residential Districts , the rear set back may be determined on a side of the structure, at the option of the builder" , and a ( 7 ) shall be added under Minimum Yard Set Back Requirements under Rear Set Back in the R-4 , R-8, R-15 and R-40 Districts ; and the phrase 'If rom Road Right-of-Way" shall be deleted from "Minimum Yard Setback Requirement from Road Right- of-Way" . 17 . 11-2-410 B . 4 . , Architectural Projections , should have the word "chimney" added after the words " covered patios " and before the word "and" . 18 . 11-2-410 D . 1 . B . (4 ) , sha11 be changed to read as follows , "The use shall be considered as a Commercial Use" . 19 . 11-2-410 D . 1 . b . ( 5 ) , shall be changed to read as follows , "Pay the fee of $80 . 00" . 20. 11-2-410 D . 1 . b ( 7 ) , shall be changed to read as follows : " If there are no objections filed within the time for filing the same the zoning administrator may grant the request" . 21 . 11-2-411 D . shall be amended to add a new paragraph at the end of the subsection which shall read as follows : "All single-family (R-4 , R-8, R-15 ) detached dwelling houses which have multi -stories sha11 have a minimum of eight hundred ( 800 ) square feet of living space on the ground floor. " 22 . 11-2-413 C . 1 . , shall be repealed . 23 . 11-2-413 C 11 . , shall be repealed . 24 . 11-2-414 D , Design Standards For Off Street Parking, should have an additional subsection added to it , a 3. , which AMBROSE, would state as follows : FITZGERALD SCROOKSTON 113. Drainage : A drainage plan designed by an architect Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian. ° OF THE CITY OF MERIDIAN --- PAGE 6 Telephone 888-4461 II I f or an engineer shall be submitted and required for all off street parking areas and shall be approved by the City Engineer . " Additionally 11-2-414 E . f . ( 1 ) shall be amended to change the space requirement to read as follows : "One ( 1 ) space for every ten ( 10 ) children plus one ( 1 ) space per staff memeber" . 25 . 11-2-416 B , Initiation of Zoning Amendments , last paragraph shall have the following deleted , "When a zoning amendment and development request are issued simultaneously, the procedure that shall be followed shall be that which is outlined in Section 4 , Title 9 , Chapter 6, of the City Ordinances entitled Subdivision Approval Procedure" . 26 . 11-2-416 C 17, shall be repealed . 27 . 11-2-416 E, Procedures , 1 , shall be amended to read as follows : "The applicant shall provide the City Clerk with the names and addresses of property owners within 300 feet of the external boundaries of the land being considered , and any additional area that may be impacted by the said application , as determined by the Zoning Administrator and and the applicant shall deliver a sworn notarized statement that the list of property owners are the owners of the property as shown by the records of the Ada County Assessor ; one week prior to the hearing set pursuant to 11-2-416 E . 2 , b . , Applicant shall post a copy of said notice of hearing of the application on the property under consideration ; and after the property has been posted the applicant shall deliver to the zoning administrator a notarized statement that he has posted the property and the date the posting was placed . 28 . 11-2-416 E . 2 , shall be amended as follows : "The commission shall : a . Give notice of the hearing , at least fifteen ( 15 ) days prior to the hearing, by certified mail to property owners within the land being considered and to owners within three hundred ( 300 ) feet of the external boundaries of the land being considered and any additional area that may be impacted by said application as determined by the Zoning Administrator. Said notice , by certified mail , must be deposited with the United States Post Office at least fifteen FITZGERAL6 J Y AM ( 15 ) days pri or rior to the hearing and said notice shall contain ERAL SCROOKSTON a vicinity map of the property, a brief statement of the Attorneys and nature of the application , the name and address of the Counselors P.O. da7 Meridian,an,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES 83642 OF THE CITY OF MERIDIAN - TeleOhoneB854461 PAGE 7 E applicant . When notice is required to two hundred ( 200) or more property owners or residents , in lieu of the mail notification , notice of the proceeding and hearing required hereby may be given by publishing the notice and vicinity map for two ( 2 ) consecutive weeks in the official newspaper of the City of Meridian . b . Prior to recommending an application , conduct at least one ( 1 ) public hearing in which interested persons shall have an opportunity to be heard . At least fifteen ( 15 ) days prior to the hearing , notice of the time and place and a summary of the application to be discussed shall be published in the official newspaper or paper of general circulation within the City of Meridian . c . Within forty-five ( 45 ) days from the hearing, transmit its recommendation to the Council with supportive reasons , The Commission may, however , continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision . The Commission shall recommend that the application be approved , approved with conditions or denied . The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with the Comprehensive Plan , this Ordinance and State law. d . Maintain a record of the hearing , findings made and actions taken . 29 . 11-2-416 F . I . , should be amended such that it reads as follows : "Hearing : The Council shall conduct at least one ( 1 ) public hearing following the notice and requirements contained in 11-2-416 E . 2 , , but the Council need only mail notice as required by 11-2-416 E . 2 . a . by ordinary first call mail . 30. 11-2-417 , shall be amended by deleting from the second paragraph of that section the following language , "And a statement of the owner granting to the City a lien against the property to secure the payment of all costs incurred by the City, including engineering , publication and attorney costs and fees . 31 . 11-2-418 B . , shall be amended by the deletion in the second sentence of the phrase " or lessee" . AMBROSE, 32 • 11-2-418 B . 12, 14 , 15 and 18 shall be repealed . FITZGERALd &CROOKSTON 33. 11-2-419 B . 22, shall be repealed . Attorneys and Counselors P.O.Box 427 Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES 83842 Telephone8B8-4481 OF THE CITY OF MERIDIAN --- PAGE 8 I f i 34 . 11-2-422 A. shall be deleted and a new section 11-2-422 A . should be adopted which should read as follows : 1111-2-422 A. A Petitioner or applicant for any of the zoning or planning matters in this Title shall pay the fees established by the City Council , by resolution . No petition or application , except as hereafter provided , shall be accepted by the City unless accompanied by the required fi 1 ing fee . " 35 . 11-2-422 E , shall be amended by the deletion of everything in the section , except the following language : " If all fees are not paid , the City may revoke any zoning permit , conditional use permit , accessory use permit , variance , occupancy permit , zoning certificate or other grant of authority initially given the applicant , and in the case of an annexation procedure, the City may de-annex said property. " 36. 11-2-424 A2 . , on the Fence Designations , the drawings should show the dimensions around utitlity access facilites such as water meters , fire hydrant , power transformers , etc . , to be 4 ' x 4 ' and the appendix shall have deleted from it references to "chain link fence" and "open fence" shall be substituted therefore . SUBDIVISION AND DEVELOPMENT ORDINANCE 37 . 11-9-604 C . 4 . c . shall be deleted and d . shall be re- lettered to c . 38. 11-9-604 C . 5 . a . , b . and c. shall be amended to delete the " twenty-seven ( 27 ) " copies and insert " thirty ( 30 ) " copies . 39 . 11-9-604 C . 5 . d . shall be amended to delete the seven ( 7 ) sets of conceptual engineering plans to four ( 4 ) conceptual engineering plans and the City Engineer shall make the determination as to the drawings conformance to the proposed improvements to applicable regulations , ordinances and standards . 40. 11-9-604 C . 6 . , Requirements of Preliminary Plats , m. , shall be amended to read as follows : "Any proposed or existing utilities , including , but not limited to, storm and sanitary sewers , irrigation laterals , AMBROSE, ditches , drainages , bridges , culverts , water mains , fire FITZGECROO STO hydrants , street lights , and their respective veprofiles " . ALD SCROOKSTON J s 7 f P Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 9 Telephone ON-4461 41 . 11-9-604 H . 1 , a . shall be amended to delete twenty- seven ( 27 ) and insert thirty ( 30 ) . 42 . 11-9-605 B . 3 . a , shall be amended to add to that portion of the Highway and Street Types under Major Arterial " Section Line Roads " so that they are required to have 80 feet of right-of-way. 43 . 11-9-605 I . , second paragraph , first sentence, shall be amended to delete "Commission " and insert "Council " . 44 . 11-9-605 J . Fences , shall be amended to add a new subsection which shall be lettered k . and which shall read as follows : 1111-9-605 J . 7 . k . Any developer intending to construct a fence on top of a berm shall show the berm and the fence on the preliminary plat and shall include with the preliminary plat the design , placement , heights , specifications , and drawing of said fence. " 45 . 11-9-605 J . shall have a new paragraph numbered 11-9- 605 J . 8. which would read as follows : pill-9-605 J . 8. Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and sha11 P include with the preliminary plat the design , placement, heights , specifications , and drawing of said fence . " 46 . 11-9-605 J . 10. a . 12 . shall be deleted , 47 . A new section 11-9-605 M . , shall be added relating to Piping Of Ditches , which would read as follows : "M . Tiling of irrigation ditches , laterals or canals . All waterways , irrigation ditches , laterals or canals , exclusive of natural waterways , intersecting , crossing or lying adjacent and contiguous to an area being subdivided shall be covered and enclosed with tiling or other equivalent covering which has the same ability to detour access to said ditch , lateral or canal , or any part of said lands or areas being subdivided which a b u t t either or both sides of said ditch , lateral or canal . The City may waive this requirement for covering such ditch , lateral or canal , if it finds that the public purpose requiring such will not be served in the individual case . Any covering program involving AMBROSE. the distribution system of any irrigation district shall have the FITZGERALD prior approval of that affected irrigation district . No &CROOKSTON subdivision plat shall be approved where the subdivision is Attorneys and arbitrarily or artificially laid out to avoid being adjacent to Counselors P.O.Box d 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES i Meridian,Idaho I 842 8 Telephone88-6481 OF THE CITY OF MERIDIAN --- PAGE 10 i I any waterway, irrigation ditch , lateral or canal to which it would I otherwise be naturally adjacent or which it would otherwise naturally include . 48 . 11-9-606 A. , Responsibility For Plans , shall be amended such that the existing paragraph is designated as paragraph I . and a new paragraph added designated as 2 , which should read as follows : " It shall be the responsibility and liability of every subdivider , and the owner of the land being subdivided , to construct and install every improvement shown on the plat of the subdivision or represented to be included in the subdivision at any presentation before the Planning and Zoning Commission or the City Council and this responsibility and liability shall run with the land and this responsibility and liability shall be shown on the plat of the subdivision . " 49 . 11-9-606 B . 13 . shall be amended to add a new paragraph number 13 . c . , which shall read as follows , "c . Every subdivider shall show on his development plan where each street light is to be placed in the subdivision " . 50. 11-9-606 B 14 should be amended by the addition of the following language at the end of the existing paragraph : "Also , the above requirement may be waived if the subdivider either 1 ) deeds to the City land for a well , drills the well and places the well on line with the City water system, including the necessary pumps , piping , values , pressure equipment , and all other equipment necessary, and which well depth and capacity are determined by the City ; or 2 ) the subdivider deposits , gives and grants sufficient funds with the City to purchase land , construct and drill a well , and purchase all necessary equipment to put the well on line with the City water system . In many subdivisions the latter option may be preferable to the City so that the City may combine funds to drill and equip one large well to service several subdivisions , rather than have several smaller wells of less capacity. 51 . 11-9-615 A. 1 . should be deleted and a new section 11- 9-615 A. 1 . should be adopted which should read as follows : " 11-9-615 A. 1 . A Petitioner or applicant for any of the subdivision or application matters in this Title shall pay the AMBROSE, fees established by the City Council , by resolution . No petition FITZGERALD TO or application , except as except as hereafter SCROeysana acceped by the City unless accompanied by the orequiredhfiling all be Attorneys and i Counselors P.0,Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Merldlan,Idaho 83a42 OF THE CITY OF MERIDIAN --- PAGE 11 Telephone BBB-4461 I f I i fee . 52 . 11-9-617 A. 3. , there should he a drawing added showing the sight triangles for fences . DATED this day of 1991 . ON I XNrTj C0MM I SS I ON AMBROSE. FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian, OF THE CITY OF MERIDIAN --- PAGE 12 Telephone 888 4461 NOTICE OF PUBLIC HEARING I 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 September 3 , 1991 , for the purpose of reviewing and considering the Planning and Zoning Commission ' s 1991 Petition to amend the Zoning Ordinance and the Subdivision and Development Ordinance of the City of Meridian . The proposed amendments are text amendments and no specific parcel of property is involved although the amendments may effect property within the city and the uses to which it may be put . A summary of the proposed amendments states as follows , to- wit . ZONING ORDINANCE 1 . To amend 11-2-401 C , Jurisdiction , by replacing the language "Commonly referred to as the Area of Impact" , with , "Under the Area of Impact agreements between the City and Ada County" . 2 . Amending 11-2-402 A, Intent and Purpose, by replacing in the first sentence of the paragraph , "and impact zone" , and replacing them with , " and land over which the City has jurisdiction under the Area of Impact Agreements between the City and Ada County" . 3 . Amending 11-2-403 B, Definitions to add a new definition , change the definition , or delete language from the existing definition for the following words : Applicant ; Applications ; Automobile Wrecking Yard ; Building, existing ; Cemetery ; Certificate of Occupancy; Clinic ( Medical , Dental , Optical ) ; Convalescent or Nursing Home, Rest Home; Court; Dairy Farm; District or Zone; Entertainment Facilities ( Commercial ) ; Fence; Fence, Open ; Lot , Flag lot ; Highway; Impact Area; Loading and Unloading Space , Off Street; Manufacturing , Light ; Mobile Home; Original Parcel of Land ; Ownership; Parking Area or Lot ( Public ) ; Professional Offices ; Seat ; and Walkway. 4 . Amending 11-2-404 C , Commission-Planning and Zoning Commission , such that the language for the term of commissioner is changed from " not less than three ( 3 ) or more than six ( 6 ) years " to "for terms of six ( 6 ) years " ; and further amending the above section by adding : "Pursuant to Section 67-6520, Idaho Code , the Commission may appoint hearing examiners for hearing applications for subdivision and variance permits , and requests for zoning district boundary changes which are in accordance with the plan , and conduct all business in accordance with Idaho Code , AMBROSE, Sect i on 67-6520" . FITZGERALD 5 . Amending 11 -2-404 0 . , Council , 1 ) by the addition 3CROOKSTON thereto of the following : Attorneys and Counselors P.O.BOX427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 1 83642 Telephone 888-401 i �, � . j� . � � � � , _ � �- � _ ,. : i ,� e ' � .i . . r,"� . ' _ n r "c . Pursuant to Section 67-6520, Idaho Code , the council may appoint hearing examiners for hear ng applications for subdivision and variance permits , and requests for zoning district boundary changes which are in accordance with the plan , and conduct all business in accordance with Idaho Code , Section 67-6520" . rid . The council shall perform such other duties as set forth herein " . 6 . 11-2-405 C , Use and Bulk Regulations , changing the term "conditional use" to " variance" . 7 . 11-2-405 C . 2 . Bulk , the phrase "conditional use" shall be replaced with "variance" . 8. 11-2-406 B , Avoidance of Undue Hardship , and in 11-2- 406 C . , Single non-conforming lots of record , the language "or amendment " shall be deleted and the date "April 2 , 1984" inserted . 9. 11-2-407 B . 2 . d . , should be amended to read as follows , " to have narrower or smaller rear yards , front yards , side yards , or other open spaces ; and" . 10 . 11-2-407 C , Official Schedule of District Regulations Adopted , the use group of " agricultural " shall be deleted . 11 . 11-2-408 B . , Zoning Districts 1 . , R-4 shall be amended to add the following language "Only Single Family Dwellings and public schools shall be permitted and no conditional uses shall be permitted except for Planned Residential Developments . 12 . 11-2-409 , Zoning Schedule Of Use Control , shall be amended to show that in the R-4 Residential District only single family dwellings , planned residential developments and public schools shall be allowed in that district ; that the Residential , Commercial , and Industrial listings shall be amended to reflect the above and that no conditional uses shall be allowed for other uses . 13 . 11-2-409 , Commercial -Churches , should be amended so that they are a permitted use in the Old Town District . Child Care Centers shall be a conditional use in the C-G Zone . Under Bars , Alcoholic Establishments , they should be a conditional use in the Old Town Zone . 14 . 11-2-409 , Zoning Schedule Of Use Control , C , Industrial , shall be amended to remove from the " Fabricated Metal Products ( Except Major Welding and Foundry Operations " the "Major Welding" . 15 . 11-2-410 A, Zoning Schedule of Bulk and Coverage Controls , the A District and its associated requirements shall be deleted , and the I under Districts shall be changed to I -L . Also , an asterisk (* ) shall be added under R- 15 , Minimum Yard Setback Requirements from road right-of-way interior side so that the street frontage is determined on the cul -de-sac lots at the setback line , and a footnote ( 7 ) shall be added stating that "On corner lots in Residential Districts , the rear set back may be AMBROSE, determined on a side of the structure , at the option of the &GOOKSTON builder " , and a ( 7 ) shall be added under Minimum Yard Set Back Requirements under Rear Set Back in the R-4, R-8, R-15 and R-40 Attorneys and Counselors P.O.Boxa27 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian, OF T H E CITY OF MERIDIAN - -- PAGE 2 Telephone 8884461 . i I i Districts ; and the phrase "from Road Right-of-Way" shall be i deleted from "Minimum Yard Setback Requirement from Road Right- of-Way" . 16. 11-2-410 B . 4 . , Architectural Projections , shall have the word "chimney" added after the words "covered patios " and before the word "and" , 17 . 11-2-410 D . 1 . b . (4 ) , shall be changed to read as follows , The use shall be considered as a Commercial Else" . 18. 11-2-410 D . 1 . B . ( 5 ) , shall be changed to read as follows , " Pay the fee of $80 . 00" , 19 . 11-2-410 D. 1 . B . ( 7 ) , shall be changed to remove the "not" and replace it with "no" . 20. 11-2-411 D . shall be amended to add a new paragraph at the end of the subsection which shall read as follows : "All single-family ( R-4 , R-8, R-15 ) detached dwelling houses which have multi-stories shall have a minimum of eight hundred ( 800) square feet of living space on the ground floor . " 21 . 11-2-413 C . 1 . , shall be repealed . 22 . 11-2-413 C . 11 . , shall be repealed . 23 . 11-2-414 D . , Design Standards For Off Street Parking , shall have added to it a 3 . , which would state as follows : " 3 . Drainage : A drainage plan designed by an architect or an engineer shall be submitted and required for all off street parking areas and shall be approved by the City Engineer . " Additionally 11-2-414 E . f . ( 1 ) shall be amended to change the space requirement to read as follows : "One ( 1 ) space for every ten ( 10 ) children plus one ( 1 ) space per staff member" . 24 . 11-2-416 B, Initiation of Zoning Amendments , last paragraph shall have the following deleted , "When a zoning amendment and development request are issued simultaneously, the procedure that shall be followed shall be that which is outlined in Section 4 , Title 9 , Chapter 6 , of the City Ordinances entitled Subdivision Approval Procedure 25 . 11-2-416 C 17 , shall be repealed . 26 . 11-2-416 E , Procedures , 1 ) shall be amended to read as follows : "The applicant shall provide the City Clerk with the names and addresses of property owners within 300 feet of the external boundaries of the land being considered , and any additional area that may be impacted by the said application , as determined by the commission and one week prior to the hearing set pursuant to 11-2-416 E . 2 , b . , post a copy of said notice on the property under consideration and deliver to the zoning administrator a sworn , notarized statement that AMBR0SE, he has posted the property and the date the posting was FITZGERALD placed and that the list of property owners is correct , " &CROOKSTON 27 . 11-2-416 E. 2 . , shall be amended as follows : "The commission shall : Attorneys and Counselors P.0.Box 427 Meritlfan,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES 89942 OF THE CITY OF MERIDIAN --- PAGE 3 Telephone B88-4461 i i � ..� �: ��� r.- . .,� . . � �, ; . _ _ � „�, „� �, � .� , ,, _ .. . r. � I I l a . Give notice of the hearing , at least fifteen ( 15 ) days prior to the hearing , by certified mail , to property owners within the land being considered and to owners within three hundred ( 300 ) feet of the external boundaries of the land being considered and any additional area that may be impacted by said application as determined by the Commission . Said notice, addressed to those entitled to notice and mailed by certified mai 1 , must be deposited with the United States Past Office at least fifteen ( 15 ) days prior to the hearing . Said notice shall contain a vicinity map of the property, a brief statement of the nature of the application , the name and address of the applicant . When notice is required to two hundred ( 200 ) or more property owners or residents , in lieu of the mail notification , notice of the proceeding and hearing required hereby may be given by publishing the notice for two ( 2 ) consecutive weeks in the official newspaper of the City of Meridian . b . Prior to recommending an application , conduct at least one ( 1 ) public hearing in which interested persons shall have an opportunity to be heard . At least fifteen ( 15 ) days prior to the hearing , notice of the time and place and a summary of the application to be discussed shall be published in the official newspaper or paper of general circulation within the City of Meridian . C . Within forty-five ( 45 ) days from the hearing , transmit its recommendation to the Council with supportive reasons , The Commission may, however , continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision . The Commission shall recommend that the application be approved , approved with conditions or denied . The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with the Comprehensive Plan , this Ordinance and State law. d . Maintain a record of the hearing, findings made and actions taken . " 28. 11-2-416 F . 1 . , shall be amended such that it reads as follows : "Hearing , The Council shall conduct at least one ( 1 ) public hearing following the notice and requirements contained in 11-2- 416 E . 2 . , and the Council having given notice as required by 11- 2-416 E . 2 . a . by ordinary first call mail . 29 . 11-2-417 , shall be amended by deleting from the second paragraph of that section the following language , "And a statement of the owner granting to the City a lien against the property to secure the payment of all costs incurred by the City, including AMBROSE, engineering , publication and attorney costs and fees . " FITZGERALD 30 . 11-2-418 B . , sha11 be amended by the deletion in the &CROOKSTON second sentence of the phrase "or lessee" . Attorneys and 31 . 11-2-418 B . 12 . , 14 . , 15 . and 18 . shall be repealed . Counselors P.O.Box 427 Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES S3542 Telephone 8eB88-4481 OF THE CITY OF MERIDIAN --- PAGE 4 � � , . i I � � I � n it ti -� � � . . I .,.. 32 . 11-2-419 B 22 , shall be repealed . j 33. 11-2-422 A. shall be repealed and re-enacted to read as follows : r' A petitioner or applicant for a zoning or planning matter s h a 1 1 pay, when fi 1 ing an application or requesting a permit , the fees set by the city council by resolution for the particular application , permit or matter . No petition or application , except as hereafter provided , shall be accepted by the City unless accompanied by the required filing fee . " 34 . 11-2-422 E . , shall be amended by the deletion of everything in the section , except the following language , " If all fees are not paid , the City may revoke any zoning permit , conditional use permit , accessory use permit , variance, occupancy permit, zoning certificate initially given the applicant , and in the case of an annexation procedure, the City may de-annex said property" . 35 . 11-2-424 Appendix A2 . , on the Fence Regulation , the drawings shall show the dimensions around utility accesses to be 4 ' x 4 ' and references to "open chain link fence" shall be amended to "open fence" . SUBDIVISION AND DEVELOPMENT ORDINANCE 36 . 17-_�_-6 equirements of Preliminary Plats 6 . m. , shall be amended to read as follows , "Any proposed or existing utilities , including , but not limited to , storm and sanitary sewers , irrigation laterals , ditches , drainages , bridges , culverts , water mains , fire hydrants , street lights , and their respective profiles " . 37 . 11-9-604 C . 4 , c . shall be repealed and d . of that section shall be re-lettered to c . 38 . 11-9-604 C . 5 . a . , b . and c. shall be amended to delete the " twenty-seven ( 27 ) " copies and insert "thirty ( 30) " copies . 39 . 11-9-604 C . 5 . d , shall be amended to delete the " seven ( 7 ) sets of conceptual engineering plans" and insert "four ( 4 } sets of conceptual engineering plans" . 40. 11-9-604 C . 6 . , Requirements of Preliminary Plats , m. , shall be amended to read as follows : "Any proposed or existing utilities , including , but not limited to, storm and sanitary sewers , irrigation laterals , ditches , drainages , bridges , culverts , water mains , fire hydrants , street lights , and their respective profiles , " 41 . 11-9-604 H . 1 , a . shall be amended to delete twenty- seven ( 27 ) and insert four ( 4 ) . 42 . 11-9-605 B . 3, a. shall be amended to add to that portion of the Highway and Street types under Major Arterial , "Section Line Roads " so that they are required to have 80 feet of right-of-way. AMBROSE, 43 . 11-9-605 I . , second paragraph , first sentence , shall be FITZGERALD amended to delete "Commission " and insert "Council " . &CROOKSTON 44 . 11-9-605 J . Fences , shall be amended to add a new Attorneys and Counselors P.O.Box42T 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian,Idaho OF THE CITY OF MERIDIAN ---- PAGE 5 83642 Telephone 888-4461 u u ' r .. I. : ,: , - - _ _ • „1. � . � Y �. u �. � .. E subsection which shall be lettered k . and which shall read as follows : 1111-9-605 J . 7 . k . Any developer intending to construct a fence on top of a berm shall show the berm and the fence on the preliminary plat and shall include with the preliminary plat the design , placement , heights , specifications , and drawing of said fence . " 45 . 11-9-605 J . shall have a new paragraph numbered 11-9- 605 J . 8. which would read as follows : " 11-9-605 J . 8. Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design , placement , height , specifications , and drawing of said fence . " 46 . 11-9-605 J . 10. a . 12 shall be deleted . 47 . 11-9-605 L , , shall be added relating to Piping Of Ditches , which would read as follows : "Tiling of irrigation ditches , laterals or canals . All irrigation ditches , lateral or canals , exclusive of natural waterways , intersecting , crossing or lying adjacent and contiguous to an area being subdivided shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch , lateral or canal , or any part of said lands or areas being subdivided which touch either or both sides of said ditch , lateral or canal . The City may waive this requirement for covering such ditch , lateral or canal , if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district sha11 have the prior approval of that affected district . No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any irrigation ditch , lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise naturally include . " 48 . 11-9-606 A. , Responsibility For Plans , shall be amended such that the existing paragraph is designated as paragraph 1 . and a new paragraph added designated as 2 . which shall read as follows : " It shall be the responsibility and liability of the subdivider and owner of every subdivision to construct and install every improvement shown on the plat of the subdivision or represented to be included in the subdivision at any presentation before the Planning and Zoning Commission or the City Council and this responsibility and liability shall run with the land and this responsibility and liability shall be shown on the plat of the subdivision . " AMBROSE. 49 . 11-9-606 B . 13 . shall be amended to add a new paragraph FITZGERALD number 13 . c . , which shall read as follows , " c . Every subdivider &CROOKSTON shall show on his development plan where each street light is to Attorneys and Counselors P,O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridian,Idaho 83842 O F T H E CITY OF MERIDIAN - -- PAGE 6 Telephone 888-4461 ! i u � - �, _ �; . ._ ,�",, ;J;-, i .. 5�, be placed in the subdivision " . 50. 11-9-606 B. 14 . shall be amended by the addition of the following language at the end of the existing paragraph : "Also , the above requirement may be waived if the subdivider gives and grants sufficient funds to the City, in an amount that would be sufficient to purchase land , construct and drill a well , and purchase all necessary equipment , to put a wel 1 on line with the City water system to service only the subdivider ' s subdivision . The City may then hold such funds and combine them with similar grants and gifts from other subdividers and the City may then drill a well and supply the necessary equipment to drill and construct and put on line a larger well than the individual subdivider would have put on line which City well is capable of servicing the subdivisions owned by the subdividers from which the grant and gift of funds was obtained . " 51 . 11-9-615 A . 1 , should be deleted and a new section 11- 9-615 A. 1 . should be adopted which should read as follows : " 11-9-615 A. 1 . A Petitioner or applicant for any of the subdivision or application matters in this Title shall pay the fees established by the City Council , by resolution . No petition or application , except as except as hereafter provided , shall be accepted by the City unless accompanied by the required filing fee . " 52 . 11-9-617 A. 3 . , there shall be a drawing added showing the sight triangles for fences . DATED this 14th day of Au st,, 1991 . JACi< P1AN IT Ak Y CLERK CITY OF ME IDIAN AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Meridlen,ldaho 83842 OF THE CITY OF MERIDIAN --- PAGE 7 Telephone SM 4461 I