HomeMy WebLinkAbout1991 – Ordinance Amendment 2 of 3 MERIDIAN PLANNING & ZONING
AUGUST 13, 1991
PAGE #9
Johnson: Anyone else to testify? Hearing and seeing no-one else I will close the
Public nearing.
Rountree: We have some of the same concerns that we had at the last development that
was just down the road from this one as far as access, small enclaves and the
potential for additional enclaves, the potential for who knows what in the County
in terms of industrial or commercial activities adjacent to a residential area.
Explain to me what happens with the County on these commercial properties if commerical
developments go in there and aren't annexed into the City.
Clerk Niemann: I don't know that that is really zoned commercial under the county.
I haven't checked on it. As far as I know all that is pretty much rural transition.
Shearer: I don't think we can completely look at the impact on Pine and so on.
It's the same story as every single development, the development comes first then
the roads afterwards. We can't build the roads until after we have the development.
The Motion was made by Shearer and seconded by Hepper to have the attorney prepare
Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
The Motion was made by Hepper and seconded by Shearer to recommend approval to the
City Council for the annexation and zoning.
Motion Carried: Two Yea: One Nea:
ITEM #4: FINDINGS OF FACT & CONCLUSIONS ON PROPOSED AMENDMENTS TO THE ZONING AMID
DEVELOPMENT ORDINANCES:
Johnson: Anybody have any questions on these Findings?
Rountree: It reads to me that there is no CUP in R-4, is that correct?
Crookston: Yes.
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and
Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of
Law.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - absent.
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that 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 Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree to adjourn at 9:00 P.M. :
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
testimony 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 ' PIanning 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
FITZGERALO
&CROOKSTON w a s duly noticed .
Allornoys and2 . That there are two specific types of amendments involved
COuntalors elpn
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M.ntle3 Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW 1
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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 .
b . 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
BCROOKSTON
Attorneys and 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
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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,
FITZGECROOF1ALD residential life in the single-family dwelling neighborhoods of
s cRooKSTor� g y g g
Affixnysmn the City and to restrict the use of single-family dwellings to
CouP.O.Box 427
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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 ❑r use granted ; this is an enforcement device
AMBROSE• to insure that the reasonable fees of the City are paid .
FITZGERALD
d CROOKSTON
lb . That it is necessary to amend the illustrations for
Attorneys and
Counselor` fences to show the areas where ut. i 1 i ty accesses are to be located
P.O.Box 427
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and show sufficient area so the fence does not interfere with f
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 t i 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,
FITZGER
CROOK p
SRoaKSTO developers N have not constructed improvements that were shown an
Attorneys and the plans ; that an enforcement and responsibility provision needed
Couneelwa
P,O.Box 1I7
Meridian,Idaho 03e42 FINDINGS OF FACT AND CONCLUSIONS OF LAW a
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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
679 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
BCROOKSTON and Subdivision and Development Ordinances , is a legislative
p Counsalom function mandated by the Local Planning Act itself . Burt vs . The
ouna
P.O.Sox 427
McOdlan,Idaho
63s,2 FINDINGS OF FACT AND CONCLUSIONS OF LAW 6
Talephons iIN-a461
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City of Idaho Falls , 105 Idaho 65 , 665 P , 2d 1075 ( 1983 ) . That 1
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,
FITZGERALQ
6CROOKSTON
ATlorneys and
Counselors
P.O.Box 427
Meridian,Idaho
63642 FINDINGS OF FACT AND CONCLUSIONS OF LAW 7
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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 :
AM BROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O.Box 427
Merltllen,ltleho 83642 FINDINGS OF FACT AND CONCLUSIONS OF LAW 8
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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 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 July 9 , 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 . o 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
app ications 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" .
AMBROSE, 5 . Amending 11-2-404 D . , Council , 1 ) by the addition
FlTZGERALD
6 GROOKSTON
thereto of the fol lowing :
STO
"c . Pursuant to Section 67-6520, Idaho Code, the council
Attorneys and
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P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
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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,
Section 67-6520" .
"d . 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
determined on a side of the structure, at the option of the
AMBROSE, builder" , and a ( 7 ) shall be added under Minimum Yard Set Back
FITZGERALD
&CROOKSTON Requirements under Rear Set Back in the R-4 , R-8, R-15 and R-40
Attorneys and Districts ; and the phrase " from Road Right-of-Way" shall be
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P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
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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 Use" .
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 :
"A I I 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 :
11113 . 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
he has posted the property and the date the posting was
placed and that the list of property owners is correct . "
AMBROSE, 27 . 11-2-416 E . 2 . , shall be amended as follows :
FITZGERALD "The commission s hall :
&CROOKSTON
a . Give notice of the hearing , at least fifteen ( 15 ) days
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho
S4 OF THE CITY OF MERIDIAN --- PAGE 3
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prior to the hearing , b certified mail to p g , y 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 mail , must be deposited with the United States Post
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 I
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 . I . , 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
engineering, publication and attorney costs and fees . "
30 . 11-2-418 B . , shall be amended by the deletion in the
FITZGERALD second sentence of the phrase "or lessee" .
ERAL
✓4CROOKSTON 31 . 11-2-418 B . 12 . 9 14 . , 15 . and 18. shall be repealed .
Attorneys and 32 . 11-2-419 B 22 , shall be repealed .
Counselors
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83642 OF THE CITY OF MERIDIAN --- PAGE 4
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33. 11-2-422 A. shall be repealed and re-enacted to read as
follows :
" A petitioner or applicant for a zoning or planning matter
shall pay, when filing 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 I
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. rl--T--604 C , Requirements 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 . shal1 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
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FITZGERALD amended to delete "Commission " and insert "Council " .
&CROOKSTON 44 . 11-9-605 J . Fences , shall be amended to add a new
subsection which shall be lettered k . and which shall read as
Attorneys and
Counselors
P.O.Box 427 Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
53&42 OF THE CITY OF MERIDIAN --- PAGE 5
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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 ,
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 shall 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 `I
,
&GRDOKSTON C . Every subdivider
shall show on his development plan where each street light is to
Attorneys and be placed in the subdivision "
Counselors
P.O.Box427
Marld Ian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
93 �2
Telephonee B88-4481 OF THE CITY OF MERIDIAN - -- PAGE 6
i
50 . 11-9-606 B . 14 . shall be amended by the addition of the I.
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 well 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 :
1111-9-615 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__._._.— -_.day of e , 1991 .
JACK 'N1-E4U N , I TY CLERK
CITY OF MERID AN
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.0.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Merltll,3F2°a,°
B OF THE CITY OF MERIDIAN --- PAGE 7
Telephone 888-4481
.1 �
MERIDIAN PLANNING & ZONING
JULY 9, 1991
PAGE #17
Hagon: Is this a whole zoning change?
Clerk Niemann: No, this is just for this specific piece of property.
Hagon: This complex will upgrade the neighborhood.
Johnson: Anyone else to testify?
Mark Burnham, 42 E. King, was sworn by the attorney.
Burnham: I hope the members of the Commission will grant the variance to Mr. Hepper.
We aren't going to stand in the way of progress at all. Our only request is that
Mr. Hepper save all of those trees. I think this project will really be an asset
to our community.
Johnson: Anyone else to testify? Hearing no response I will close the Public Hearing.
The Motion was made by Rountree and seconded by Alidjani to amend the Findings of
Facts and Conclusions of Law to allow the variance for not paving the alley and not
doing the street curb, gutter and sidewalk improvements as indicated by ACHD requirements.
Roll Call Vote: Alidjani - Yea; Shearer - Yea; Shearer - Yea; Rountree - Yea:
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning
and Zoning Commission recommends to the City Council that they approve the Conditional
Use Permit for Multi-Family Dwelling by Hepper Homes.
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE:
Johnson: I will now open the Public Hearing, is there anyone present to testify?
Hearing no response I will close the Public Hearing.
Discussion Held: (TAPE ON FILE)
The Motion was made by Rountree and seconded by A_� idjani to have the Findings of Fact
and Conclusions of Law prepared.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree to adjourn at 9:20 P.M. :
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
l �
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 Hall , 33 East Idaho Street , Meridian ,
Idaho , at the hour of 7 : 30 o ' clock p .m, , on July 9 , 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" , and it
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 wit , "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
AMBROSE, app ications for subdivision and variance permits , and requests
FITZGERALD for zoning y 9
&CROOKSTON district boundary changes which are in accordance with
Attorneys and
Counselors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.0.Box 427 OF THE CITY OF MERIDIAN - --- PAGE 1
Meridian,Idaho
839A2
Telephone 888-4487
f! 1
the plan , and conduct all business in accordance with Idaho Code ,
Section 67-6520" , i
I
5 . Amending 11-2-404 D . , Council , 1 ) by the addition
I
thereto of the following :
tic . 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" .
"d . 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 , line 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 .
AMBROSE, l 13 . 11-2-409 , Commercial -Churches , should be amended so that
FITZGERALD they are a permitted use in the Old Town District . Child Care
SCROOKSTON Centers shall be a conditional use in the C-G Zone . Under Bars ,
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 2
83642
Telephone 888-4461
I
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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
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" .
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 ) , sha11 be changed to read as
follows , "The use shall be considered as a Commercial Use" .
18. 11-2-410 0. 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 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 .
AMBROSE, 23 . 11-2-414 D . , Des i gn Standards For Off Street Park i ng,
FITZGERALD
CROOKSTON ,
shall have added to it a 3 . which would state as follows :
SROO
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meritl63fAIdaho OF THE CITY OF MERIDIAN - -- PAGE 3
Telephone BB6.4461
I
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" 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 D . , some requirement for
parking space requirements for schools shall be added , and review
the number of parking spaces required for a nursery and day care
centers relating to the number of children and staff .
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
he has posted the property and the date the posting was
placed and that the list of property owners is correct . "
27 . 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 Commission . Said
notice, addressed to those entitled to notice and mailed by
certified mail , must be deposited with the United States Post
Office at least fifteen ( 15 ) days prior to the hearing . Said
notice shall contain a vicinity map of the property , a brief
AMBROSE, statement of the nature of the application , the name and
FITZGERALD
&CROOKSTON address of the applicant . When notice is required to two
hundred ( 200 ) or more property owners or residents , in lieu
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meddler, OF THE CITY OF MERIDIAN --- PAGE 4
Telephone 888-4461
V � s
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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 nearing 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
engineering , publication and attorney costs and fees . "
30 . 11-2-418 B . , shall be amended by the deletion in the
second sentence of the phrase "or lessee" .
31 . 11-2-418 B . 12 . , 14 . , 15. and 18 . shall be repealed .
32 . 11-2-419 B 22 , shall be repealed .
AM BROSE,
FITZGERALD 33. 11-2-422 A. shall be repealed and re-enacted to read as
&CROOKSTONE f o l lows
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
a3U2
Telephone 8884461
1
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A petitioner or applicant for a zoning or planning matter j
j shall pay, when filing an application or requesting a permit , i
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. 11-9-604 C, Requirements 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 . "
AMBROSE. 41 • 11-9-604 H . 1 , a , shall be amended to delete twenty-
FITZGERALD seven ( 27 ) and insert four ( 4 ) .
&CROOKSTON
Attorneys and
Counselors
1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.O.Bo:42T MerldYan,Idaho OF THE CITY OF MERIDIAN --- PAGE 6
83842
Telephone8BB-4481
i j
i
42 . 11-9-605 6 . 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 :
Bill-9-605 J . 8. Any developer intending to construct a
boundary fence on the boundaries of a proposed subdivision
sha11 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 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
shall 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
AMBROSE, to any irrigation ditch , lateral or canal to which it would
FITZGERALD
&CROOKSTON otherwise be naturally adjacent or which it would otherwise
naturally include . "
Attorneys and
Counaelora
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Mar�W54zdano OF THE CITY OF MERIDIAN --- PAGE 7
Telephone 888-4461
�.. .�
w
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 . "
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 . 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 well 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 . "
AMBROSE,
FITZGERAL€) 52 . 11-9-617 A. 3 . , there shall be a drawing added showing
&CROOKSTON the Sight triangles for fences .
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF T H E CITY OF MERIDIAN --- PAGE 8
83542
Telephone 888-4461
1
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DATED this J } day of June , 1991 .
CITY QF MERIDhAN
AMBROSE.
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meri83642Idaho OF THE CITY OF MERIDIAN --- PAGE 9
Telephone B88-4481
I
1
1991 PETITION TO AMEND THE ZONING ORDINANCE AND I
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
Met, i d i an : to-w i t
ZONING ORDINANCE
1 . To amend 11 -2-401 C . , Jur• isdict, ion , deleting the last
phrase in the paragraph which reads , "Commonly referred to as the
Area of Impact: " , an r-epIacinq it with the fol lowing 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
AMaRose. of the definition , which is , "cemetery" , and
FITZGERALD substituting the word " internment "
&CROOKSTON
Allorneyi and
Counselors
P.0Oox427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Merldlen,Idaho OF THE CITY OF MERIDIAN - - •- PAGE 1
"1342
Telephone BBB-4481
1