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HomeMy WebLinkAboutP&Z Mtg 7/21/02February 19, 2002 MERIDIAN PLANNING & ZONING MEETING February 21, 2002 APPLICANT ITEM NO. ~ O REQUEST Planning and Zoning Subdivision and Zoning Ordinances: Possible /Proposed Amendments AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See attached Minutes See attached I~ OTHER: Contacted: Date: Phone: Mcterials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Meeting January 17, 2002 Page 93 of 101 Centers: I had a question for staff. I had made a note here that -- to amend the request for Conditional Use Permit to amend and comply with Phase I. Was I confused there where we were talking about the, Development Agreement? McKinnon: Mr. Chairman, Commissioner Centers, the Development Agreement is to be amended. The original Development Agreement. Centers: I made the note in the wrong place. Okay. Shreeve: Okay. Centers: Second that. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: Okay. Thank you. Fine looking project. Item 14: Planning and Zoning In House Laundry List -Subdivision and Zoning Ordinance Amendments: Tabled from January 3, 2002 Borup: Okay. Item 14 was to get priority on subdivision ordinance and amendments. I wasn't planning on getting into them tonight. Originally, after the second meeting in February had nothing on the agenda until Mr. Centers took care of that. Who did that? I don't remember. Anyway, we did continue one to that point. But at this point that's the only one that we have on the meeting is the EI Dorado -- will be on that agenda and that's it. So I'm anticipating and hope we would have some time to get into this subject at that meeting on the 21st. We do want to get a course of direction. What I'm saying is we are going to have some time to get into it in depth at that time, but I think we need to know where we are going and that's what we want to do tonight. Centers: I have a question. Borup: Yes, sir. Centers: You know, I have reviewed this and -- I honestly have, I have scanned it, and these are not Public Hearing items; correct? We are not going to have a Public Hearing on these items. I mean -- let me finish. Why are you asking the Planning Commission for input when this was the staff, in my opinion, should be making these decisions? I mean we are not going to have Public Hearings on these items, are we? There is no need for them. Meridian Planning & Zoning Meeting January 17, 2002 Page 94 of 101 McKinnon: Mr. Chairman, Commissioner Centers, a change in zoning ordinance would require Public Hearings. Centers: So any of these items that we select to -- McKinnon: Each item that we have would be a separate condition -- would be a separate Public Hearing. Case in point the landscape ordinance. Centers: Well -- Borup: And beyond that, one of the duties of this Commission is to initiate proposed amendments and review existing amendments and review subdivision naming system. That is the direction of this Commission. Historically this Commission has not done that, but just leaves everything up to staff, but that is how it's stated in our responsibility. Centers: Well, then, the common duplexes don't require two car garages per unit. Okay. What are you proposing? Borup: Well, that's up to us to talk about. These are -- and maybe -- well, go ahead, have you got -- McKinnon: Well, we have these issues that you brought up, Commissioner Centers. I agree with you, staff should be able to come up with some of these items for you. In fact, I've got one for you tonight, it's actually going to be on the Council's Agenda this next week, thought I'd get a few that are going to end up bank in your hands. I have drafted a wireless communication facility cell power ordinance for you to take a look at. As far as all these other issues that were addressed in the laundry list of P&Z subdivision ordinances, a number of these issues are actually brought before you by private parties actually come forward to amend the Planned Development Ordinance that is in this type of language that we discussed tonight, did come forward to change that and to create an actual definition for a private driveway. They have come forward with saying let's allow a one-car garage with a duplex. So all these issues are going to come forward in front of you regardless of the information that we are sitting and talking about tonight. However, we do need some direction from you as the Commissioners as to where you guys would like to go with this, what would you like to see us present. I have the time at the office and I have spent a lot of time writing ordinances in the past before I came to the City of Meridian and while I have been at Meridian writing ordinances -- I don't have a problem writing them. Direction from you would be helpful. If you have seen something in other ordinances that you have worked with in the past that you think would be helpful for us, we would love to see that information. We need to have some guidelines from you, because this is actually going to be something that you're going to have to have some ownership in, because this is going to be something the Meridian Planning & Zoning Meeting January 17, 2002 Page 95 of 101 Planning and Zoning Commission does approve and make recommendations for approval to the Council. Moore: David, if I can interrupt for a minute. Sharon, can I get a copy of this? Shreeve: I think I have got an extra here. Borup: Those are just things I have accumulated. Shreeve: Are you talking about the cell tower ordinance or what are we all looking at? Moore: What you're all looking at: McKinnon: I don't want to take up much of your time tonight, but that's the direction that we would like to go. You are the Commission that are empowered by Idaho State Code and Title 57 of the Idaho Code, so you are the ones that are going to make these decisions. We can bring those decisions before you if you give us an idea of where you would like to go. One of the other things that are not included on this laundry list, but just to get your mind thinking at this time would be what we can do in order to increase the notification process that we have right now in the City of Meridian. As you may have noticed, there is some small, yellow, 11-by-17 signs that we put up for public notification, a lot of people see those and they look like a lost dog type of flyer that one puts up. People don't know what they are. You know, in driving from west Boise to Meridian every day for about six months before I moved out to Meridian, the City of Eagle puts up large signs, larger than real estate signs, so we may want to adopt some standards like that and those are the types of things that we would tike for you to give us the direction on and we would support that and we will write up the ordinances, but those are the types of things that we would like to have some input on from you. If we can bring those to you -- I personally can write those up for you, if you like, if I had some direction as to how big you guys would like that or what type of construction, who pays for that. Those are the types of things we are looking for. I'll just hand out the personal wireless communication ordinance to you tonight and I don't think we need to have any discussion on it, it's going to be in front of the workshop in front of the Council, but you will see a number of these issues come forward to you without actually you coming to us with them and we are going to continue to make processes on this. I have actually taken three pages worth of amendments, I have written three pages worth of amendments that almost address each one of those issues individually which you have on that laundry list and you are more than welcome -- I would be more than happy to distribute them so you have an idea of what we would like to see come from you or from us to get back to you with some direction. I know that the ordinances that we have is -- sometimes we as planners get this ideal and think this is the way it should be and this is a wonderful thing and it's not always financially feasible in order for us, some of the things that we think of in our mind, Meridian Planning & Zoning Meeting January 17, 2002 Page 96 of 101 and so we rely on you to help keep us grounded very often. So we'd like to have some direction from you. We will provide to you, if you'd like, a list that says here is the things that we would like to have done in a certain order, but I think it's very important for you guys to say to us what you would like to see done, what problems do you see in our ordinance and give us some direction on that, because there are some problems with our ordinances, beyond what we see every day that we struggle with. So I'll hand this out and if you have any questions, I will be more than happy to answer those at this time. Zaremba: I think just a comment from having looked through what we were given -- Borup: What you were given are just things I have accumulated over the last couple years, so there is not real any specific order to it. A couple of things were memos and stuff that staff had put together, but -- Zaremba: It seemed to me that they were, in my opinion, all roughly equally prioritized. There are a lot of things that need to be clarified. I agree with David and, actually, a note from Tammy de Weerd, who is now on the City Council, points out the need to strengthen the public notice requirements and I personally have had that opinion myself. Bigger signs, you know, even stating how big the lettering on them has to be, so that people can read them at 25 miles or 35 miles an hour in a car, to know that there is something happening. I agree with all of that. That's probably the only one that I would put as a first priority. All the rest of them to me are equally important and the caveat to that is the new -- or at this point the draft Comprehensive Plan is going before the City Council pretty soon and we will very well find many of the Planning and Zoning Ordinances will need to be revised because of that and I could see this as being one process and I guess my only comment is I would be happy to serve on any subcommittee that writes a whole new Planning and Zoning Ordinance from scratch. Borup: Have you thought of that or is it still better to just go through and make some amendments? McKinnon: It's a big process. I was aware when you guys approved the landscape ordinance and I know Commissioner Zaremba and Commissioner Mathes, you weren't here when we went through that process and maybe the Commissioners that have been here longer than I have can attest to this, but the length of time it takes to approve just one section of the code to that, it's a very lengthy process. Zaremba: The difficulty is having Public Hearings on each little sentence that we want to change. McKinnon: Well, we can have Public Hearings like we have had tonight where we take three topics at one time. We can say we have this many proposed Meridian Planning & Zoning Meeting January 17, 2002 Page 97 of 101 changes to the zoning ordinance, we don't have to take them each as a Public Hearing, but something like this cell tower ordinance is -- you know, City Council wants us to put it on their workshop, that would be something that we could take as a separate Public Hearing. There is some minor changes, you know; a one car garage and maybe some of the home occupation ordinances -- I don't have a laundry list in front of me, I gave my last one away, but a lot of those are very basic and things like adding definitions, we don't even have definitions or all the uses that we in our schedule of use control. We can't just put it through our ordinance and say, oh, this is the definition for this, they are non-existent. Those are the types of things that we need to have in our ordinance. Zaremba: I would also add across-reference index someplace, so if somebody wanted to know all the requirements for R-4, there is one requirement here and there is one requirement there, and there is another requirement here. McKinnon: Yeah. We actually do try to do that with the application process. We put together applications, we put together a checklist that says here are all the things that you need to provide and here are how you need to provide them to us, specific dimensions, specific scale. So we actually do do something like that with the application process. However, in the code book cross-referencing sections -- I have my own thoughts on that. It becomes another thing that mires people into it. They don't just come directly to the city and the ordinance is confusing enough as it is for people to interpret and if it was too easy then I wouldn't have a job. Centers: Dave, you referred earlier to developing lists of priorities and I think I would like to see that at our scheduled meeting for this and then just tackle them: One note I had made and we ran into it a couple months ago, R-4 zones, schools, be permitted. That's got to be revised to say traditional schools or whatever we decide on, because that was a packed house. I don't know if you were here. Things like that.. Everyone agreed that that was the intent. It was 50 years ago, but as traditional, and things like that. So if you could develop that list we could tackle them, right? Borup: Yes. I think that would help. A couple of things that I marked was items that have come up. If fact, here is a copy of a couple of things that have come up before this Commission over the past couple of years and one is temporary construction trailers. Right now they are requiring conditional use, you know, it takes them four months to get approval and by then they don't need the trailer anymore. Centers: Uh-huh. Yeah. Borup: And the other item number 13 was the gravel parking. We have recommended waivers on that a lot of times, too. And if some of those things get answered, then we don't have to go through that -- spend that time and that Meridian Planning & Zoning Meeting January 17, 2002 Page 98 of 101 process here to do that. So those are two that I marked those as maybe a little bit of priority just because we have seen them several times over the last couple of years. Just a lot of other stuff, but I think that would help. Zaremba: Another would be a rule that says a construction trailer that's not going to be there for more than six months doesn't need a permit; is that what you're -- Borup: Well, you still need a permit, but if you handle it on a staff level as an allowed use. Zaremba: Rather than here. Borup: Rather than coming for a Conditional Use Permit -- Zaremba: As long as it's clearly temporary. Borup: Needing Public Hearings here and City Council, Imean -- Zaremba: I don't have a problem with that. That seems fair. And having gravel instead of paving allows for water runoff and sink in and -- probably a good idea. Borup: We have been approving that as long as there isn't any traffic over the gravel. If it's, you know, a fairly permanent type of storage parking then -- and I think that's probably why that's on there for that type of thing, but that just needs some clarification. My intention was that we would hit this in bunches, as David mentioned. We wouldn't take them all at one time, hopefully we could combine some smaller ones together and I think if we try to wait and do everything on all these lists all at once it's going to be overwhelming, though. I think we need to take a bite out of it at a time. Centers: So, Dave, are you going to advertise your cell tower ordinance and then we will have the Public Hearing February 21st? McKinnon: I got an a-mail from the City Clerk's office today after I left my office, he came and told me today, he said I just e-mailed you today so we could get a copy of the cell tower ordinance so we could put it on the Agenda for City Council's work session on Tuesday. Centers: So it doesn't have to go through us? McKinnon: It will end up going through you, I'm sure. All changes to the zoning ordinance go through you and -- Borup: The City Council has asked -- Meridian Planning & Zoning Meeting January 17, 2002 Page 99 of 101 McKinnon: The Council has asked to place that on their work sessions, so that they have an idea of the direction that -- I have already written -- I have already written an ordinance, but the actual body that is responsible for changing that ordinance by Idaho Code is the Planning and Zoning Commission. I could refer to Mr. Moore on that. Moore: Yeah. It needs to go through Planning and Zoning, so that's a definite. Is there a combine meeting the 31st? Borup: No, because we have got 29th would be when it would be, but we are doing the new comp plan on the 29th. Moore: Okay. So you're going to need me here the 29th? McKinnon: Well, City Council is meeting on the 29th, not us. Moore: Okay. McKinnon: Mr. Chairman, Members of the Commission, I think I have taken up enough of your time. I have got a -- you guys gave some direction tonight on noticing, schools, temporary trailers, gravel parking, we can come up with some of the language on that and place those in a hierarchy of things that we need to change and I can come up with a list for you and get that to the Clerk's Office and disseminate that amongst you. Unless you have anything else, I think I'm ready to go home. Well, if you have any questions. Borup: Anything? We will plan on having a list or some stuff prior to the 21st? McKinnon: I will have some stuff for you for the 21st. Borup: Unless we continue something else from the next meeting, we should have time to do that on the 21st. Zaremba: Let me just add one thing while you're mentioning lists and this was, again, from Tammy de Weerd's comments. Along with strengthening the public notice, she suggests that for projects of significant size neighbor meetings be required and I'd like to see that happen, too. Borup: We need to think of some input on what's the definition of significant size. Zaremba: Yeah. McKinnon: Mr. Chairman, Members of the Commission, would you guys like me to come up with some language addressing these? Gather some information from the Association of Idaho Cities and other surrounding jurisdictions and come Meridian Planning & Zoning Meeting January 17, 2002 Page 100 of 101 up with some alternative language or brand new language to address these issues? Borup: We would. And on that last one, I don't know how the others feel, we have talked about that a little bit, I don't necessarily think we need a neighborhood meeting on every project, but some of these big ones or -- Moore: You don't know what's going to be controversial. You don't know what's going to controversial. Borup: No. Moore: Look at the small little plot that was going to be a school. Borup: Yeah. But I having a Public Hearing took care of what it was intended. I mean that's why staff wanted that to come forward as a CUP, because they were concerned about the neighbors. I mean I think the system does work. The idea of having a neighborhood meeting to save time here, though, that's why I would be in favor of it. I mean I think EI Dorado demonstrated that. They got with their neighbors and if they hadn't of there probably would have been six times as many people here. I don't -- McKinnon: It can be a double-edge sword. If you were to take a look at the Utility Subdivision, the more information that's been given to those people the more people have shown up and the more problems that it's created, the more misinformation and dis-information has been available. Borup: They even have a website out now. McKinnon: There is a website. Stop the Dump. Borup: Okay. Well, we appreciate that, David, and to have that information, I don't know that any of us feel comfortable in writing ordinances. I think we kind of feel our role is to give you the input. It's not easy for us to change something that someone else has done and tell what we don't like, rather than tell what we do like. McKinnon: Okay. Thank you. Zaremba: Thank you. Shreeve: Make a motion to -- Borup: Okay. Traditionally our newest member usually makes the final motion of the night. Meridian Planning & Zoning Meeting January 17, 2002 Page 101 of 101 Mathes: I make a motion to go home. Borup: Adjourn. Mathes: To adjourn. Zaremba: I'll second that. Borup: Motion and second. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:42 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: KEITH BORUP, CHAIRMAN / / DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK Recommended zoning changes for P&Z Commission on 2/21 /02 E C E T VE Page 1 of 1 R ~ #, r" . _ Sharon Smith CITY OF MERIDIAN CITY CLERK OFFICE From; Sonya Day [days(~ci.meridian.id.us] Sent: Thursday, February 14, 2002 3:31 PM To: stifess@ci.meridian.id.us; 'Brad Hawkins-Clark'; siddowas@ci.meridian.id.us; bergw@ci.meridian.id.us; smiths(tDci.meridian.id.us; greent~ci.meridian.id.us Subject: Recommended zoning changes for P&Z Commission on 2/21/02 2/14/02 MEMORANDUM Date: February 14, 2002 To: Mayor Come, City Council Members, Planning & Zoning Commissioners, and other interested parties. Fm: David McKinnon, Planner II Re: An overview of wireless communication tower regulations within the City of Meridian. Currently, the City of Meridian has no specific ordinances or design standards governing the construction and development of cell towers and other wireless communication towers within the city limits or the city's Area of Impact boundaries. The use of land for communication towers is not even a listed use in Meridian's Schedule of Use Control, found in the Title 11-8-1 of the Meridian City Code. If a specific land use is not listed in the Schedule of Use Control it is handled as a conditional use, regardless of the zoning designation of the land on which the use is requested. Consequently, the City of Meridian, in the past, has required that new cell towers go though the Conditional Use Permit (CUP) process for approval. It was felt that the requirement to obtain a CUP adequately safe guarded the city from negative impacts because all CUPS are reviewed on a case by case basis. The City has made one exception to requiring all cell towers to go though the CUP process. In the spring of 2001, the City Council directed the Planning and Zoning staff to approve the construction of a "stealth" tower without a CUP. The "stealth" tower was designed as a streetlight with an ornamental light fixture, and was painted black to blend in with the surrounding streetlights in the adjacent parking lot. Notwithstanding, the City of Meridian City Council decided at that time that an ordinance should be in place to better regulate the Construction of all cell towers (including so-called "stealth" towers) in the future. At this time there, is no such ordinance; however, the Council has met on several occasions to discuss the cell tower ordinance, and a draft ordinance has been prepared for discussion at a future date. The draft ordinance is somewhat of a compilation of similar ordinances and regulations adopted by other jurisdictions within the state (see attached descriptions). It is not as lax as some jurisdictions, and it is not as rigorous as other municipalities; however, it does address design standards, the limitations of the 1996 Telecommunications Act and the processes for approval within vatious zones. A copy of the draft ordinance is attached. If you have any comments, please let us know. The existing towers within Meridian will be "grandfathered" in as existing uses, and co-location of equipment of the existing towers will be permitted (as they are now) with a Certificate of Zoning Compliance (CZC). A CZC is a staff level approval that takes less than one week to approve, and costs $60. The City encourages the use of existing cell towers for co-location, as it cuts down on the number of cell towers required to provide coverage for competing wireless providers. If you have any questions or comments concerning Meridian's current cell tower policy or draft ordinance, please feel free to call me at 884-5533 or send written comments to me at my a-mail address, mckinnodla~ci.meridian.id.us. David McKinnon, Planner II City of Meridian attachment PREFACE The following definitions are not currently included as parts of the Meridian City Code; however, the majority of the uses defined below are listed on the Schedule of Use Control. Some uses and definitions, such as alternative schools are not mentioned in our current City Code, This is not qn all inclusive list of uses and definitions that should be added to the Ciry Code but it's a start. Of special note: Automotive repair/motor vehicle repair, major & minor have been redefined separately as motor vehicle repair and motor vehicle body shop for simplification. The listed uses that are struck through are not defined in the current Zoning Ordinance, and staff recommends removing from the Schedule of Use Control. See attached Schedule of Use Control. APPAREL MANUFACTURING: A facility that's involved in the manufacturing of articles of clothing. AUTOMOBILE WASHING FACILITY: A business primarily devoted to the washing, waxing, vacuuming and detailing of motor vehicles by either the owner of the vehicle or employees of the facility. BAKERY STORE: A place where products such as bread, cake and pastries are made and sold. BANKS AND OTHER FINANCIAL ESTABLISHMENTS: A business establishment where money is kept for savings or commercial purposes or is invested, supplied for loans ~ exchanged. (Excluding vehicle title loan institutions) BARS, ALCOHOLIC ESTABLISHMENTS (TAVERN): A building where alcoholic beverages aze sold far consumption on the premises, not including restaurants where the principal business is serving food. BOTTLING AND PACKAGING: Bottling and packaging of food and/or drink for off-site consumption and sale. BROADCASTING, RADIO AND T.V.: An establishment dedicated to the transmission of radio or television programming for public or general use. BUS AND RAIL STATION: A facility located along a bus or rail route that provides a stop for the loading and unloading of passengers. CHURCHES: A buiidmg or part of a building primarily used for conducting religious services. CONSTRUCTION BUILDINGS, TEMPORARY: Any structure of a temporary nature containing an on site construction management office for an active construction project. Construction buildings may not be used as temporary living quarters. CONVENIENCE STORE: A small retail store that is open long hours that typically sells staple groceries, snacks and fuel. DEPARTMENT STORES: A large retail store offering a variety of merchandise and services in separate departments. ELECTRICAL SUPPLIES & APPLIANCE MANUFACTURING: A facility that manufactures electrical supplies and appliances. EQUIPMENT -HEAVY FARM, ETC. (SALES & REPAIR): Establishments primazily engaged in the sale or rental of tools, flocks, tractors, construction equipment, agricultural implements and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. FABRICATED METAL PRODUCTS: FEED, SEED AND FERTILIZER STORE: An establishment engaged in retail and wholesale sales of supplies (feed, seed and fertilizer) directly reiated to day to day activities. FUEL YARDS: A facility that stores mass quantities of liquefied petroleum products for wholesale Purposes. FUNERAL HOME/MORTUARY; A facility in which deceased human bodies are kept and prepared for burial or caemation. INDUSTRIAL RESEARCH: Research, development and testing laboratories that do not involve the mass manufacture, fabrication, processing, or sale of products. Such uses shall not violate any odor, dust, smoke, gas, noise, radiation, vibration or similar pollution standard. LABRATORIES (MEDICAL, DENTAL & OPTICAL): A room or building equipped for scientific experimentation, research ar testing. LAUNDRIES, COMMERCIAL: An establishment for laundering clothes or linen. LAUNDROMAT: A cdrnmercial establishment equipped with washing machines and dryers, usually coin operated and self-service. LEATHER PRODUCTS (EXCEPT TANNING): LIBRARY: A building, or part of a building, in which literary and artistic materials, such as books, newspapers and tapes are kept for readmg, reference or landing. LUMBER YARD: An area used for the storage, distribution and sale of finished or rough cut lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber products and fire wood. MACHINE SHOP: A facility that cuts, shapes or fabricates metal products by machine. MA13I~E MANUFACTURED HOME COMMUNITY: Any site, lot, tract, plot or parcel of land, designed for the placement often (10) or more manufactured homes, located and maintained for dweiling purposes on a permanent basis on individual lots, pads, or spaces; whether those lots, pads, or spaces be individually owned, leased or rented. MANUFACTURING: The mechanical or chemical transformation of materials or substances into new products, including the assembly of component parts, the manufacturing of products and the blending of materials. MANUFACTURING,-A~AIMANLJFAGTURED HOME S: The construction of any single family structure that is manufactured under the authority of 42 USC, Section 5401, the National Manufact~~d Home & Safety Standards Acrt. M9131~1~ MANUFACTURED HOME PARK: Any area, tract, plot or parcel of land, developed and designed for placement of mobile homes located and maintained for dwelling purposes on a permanent or semi-permanent basis. MOLDED PLASTIC PRODUCTS: A business devoted to the fabrication of molded plastic products. MOTOR VEHICLE BODY SHOP: Any building or portion thereof used for the repair or straightening of a motor vehicle body or frame or painting of motor vehicles. Maintenance, service, and engine repair may be performed as an ancillary function of the body work. MOTOR VEHICLE REPAIR,: The business of repairing, overhauling, removing, adjusting, replacing, assembling or disassembling parts of any motor vehicle. (Excluding frame straightening, body work and painting) MUSEUM: A building, place or institution devoted to the acquisition, conservation, study, and exhibition of objects having scientific, historical, or artistic value. NURSING HOME: A private establishment that provides living quartexs and care for the elderly or the chronically ill. PROCESSING PLANT: PUBLIC USES: Public parks, administrative and cultural buildings, structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities. Also public owned buildings, fire and police stations, libraries, post offices and public utility administration buildmgs. PUBLIC UTILITY FACILITY, MAJOR A large facility required for the operation of a utility controlled by the Idaho Public Utilities Commission including electrical substations, major water storage reservoirs, etc. PUBLIC UTILITY FACILITY, MINOR A small facility required for the operation of a utility controlled by the Idaho Public Utilities Commission including minor wells, pump houses, etc. PUBLISHING AND PRINTING FACILITIES (SMALL): An establishment where printed material is produced and/or published. QUASI-PUBLIC: A use that is essentially a public use, although under private ownership or control. RAILROAD YARDS & SHOPS: An area for storing and switching of freight and passenger rolling stock, including the repair of rail equipment. RECYCLING PLANTS: A building and/or site in which recyclable materials such as newspapers, glassware and metal carts are collected, stored, flattened, crushed or bundled prior to shipment to othea~s who will use the materials to manufactw-e new products. REPAIR, MAJOR MOTOR VEHICLE: General repair, engine, transmission or drive-train rebuilding, repair or major reconditioning of worn ~' damaged motor vehicles or trailers; collision service, inchzdmg body, frame ar fender straightening or repair; and overall painting of motor vehicles or trailers, REPAIR., MINOR MOTOR VEHICLE: Incidental repairs, replacement of parts and motor service to motor vehicles, but not including any operation specified under "Motor Vehicle Repair, Major". RESTAURANTS: Any building or pazt thereof in which the principle use is the preparation of food and beverages. RETAIL STORES: A store that sells goods or commodities in small quantities directly to consumers. SALES LOTS (AUTO, RECREATIONAL, AGRICULTURAL, ETC.): An improved open area other than the street used for the display, sale or rental of new or used automobiles, mobile homes, recreational vehicles or farm implements, but not including repair work other than minor cosmetic repairs. SCHOOL: An institution of learning for minors, whether public or private which offers instruFtion in those courses of study required by the State Board of Education to a group of children. This definition includes nursery school, kindergarten, elementary school, junior high school, senior high school, but it does not include a vocational or professional institution or any institution of higher education, including a college or university. (See alternative school) SCHOOL, ALTERNATIVE /EDUCATIONAL PROGRAMS: SCHOOL, PRIVATE COMMERCIAL: A school, regazdless whether it is operated for profit, primazily devoted to instruction, in dance, music, drama, art, languages, martial arts training, etc. SCHOOL, TRADE OR VOCATIONAL: An institution ar facility conducting instruction in the technical or trade skills such as business, secretarial training, medical-dental technician training, beauticians, barbers, electronics, automotive technician training, etc. SERVICE STATION: Premises where gasoline, motor oils, lubricants and gease for the operation of motor vehicles are retailed directly to the public on the premises and including tires, accessories, services and minor motor vehicle repairs. SOLID WASTE TRANSFER STATION: A place or facility where non-hazardous solid waste materials are taken from a collection vehicle or a private party, temporarily stored & ultimately placed in a transportation unit far movement to a landfill. STORAGE FACILITIES, INDOOR: The storage of equipment, materials, supplies, etc. in an indoor area. STORAGE FACILITIES, OUTDOOR: The starage of equipment, vehicles, materials, supplies, etc. in an outdoor azea. TECHNICAL SCHOOL: An institution or facility conducting instruction in the technical or trade skills such as business, secretarial training, medical dental technical training, beauticians, barbers, electronics, automotive tech, training etc. TRUCK STOPS: An establishment that sells fuel for trucks and usually maintains a restaurant for truck drivers. 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(Ord. 524, 4-3-90) Pursuant to the Planning & Zoning Commission's request for new noticing and neighborhood meeting requirements, staff recommends the following changes to Title I1 of the Meridian City Code. (Underlined is new language, strike through is to be removed) 11-15-5: PROCEDURES: A. Requirements of Applicant: 1. Provide Names of Property Owners: The applicant shall -obtain a list of property owners from the City of Meridian Planning & Zoning Department. The list must contain the names and addresses of all property owners within three hundred feet (300') 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; ake 2. Posting Of Hearing Notice On Property: oi~ek Not less than ten days prior to the hearing set pursuant to subsection B2 of this Section, the applicant shall post a copy of said notice of hearing of the application on the property under consideration; . except as noted herein, posting of the property must be in substantial compliance with the following requirements: a. Si nape Requirements: The sign(s) shall consist of four foot by four foot (4' x 4') Plywood or other hard surface mounted on two (2) four inch by four inch (4" x 4"2posts in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three feet (3') above the rte. 2. Centered at the top of the four foot by four foot (4' x 4') sign board s) in six inch (6") letters shall be the words "Public Hearing Notice". In addition, each sign will inform the public of the name of the applicant, and if applicable, the proposed development, the date, time, place, and nature of the public hearing and a summarX of the proposal to be considered. Each sign shall be painted white and the letters shall be painted black and shall appear on both sides. An example of this sign is listed below. 3. In lieu of the above conditions conditional use permit applications for "Group Childcare Homes" annexation and preliminary~lat applications that contain less than 5-acres of land and rezone/Comprehensive Plan amendment applications for parcels of land less than 3-acres in size a sign consisting of one (1) eleven inch by seventeen inch (11"x 17") piece of paper or other material stating the name of the ~plicant a statement concerning the proposed development, and the date time and location of the public hearing. b. The siens shall be posted on the land being considered along_each roadway that is adjacent to it. The sign(s) shall be located on the property, outside of the ublic right-of--way. If the sign cannot be placed on the property and still be clearly visible the sign maybe placed within the right of way if the applicant can obtain the consent of the owner of the right-of--way, c. The applicant shall submit a notarized statement to the City Clerk no later than 7 da~prior to the public hearing attesting to where and when the sign(s) were posted. Unless certification is received b~ch date, the hearing will be canceled. d. The sins shall be removed no later than three days after the ublic hearing for which the sign had been posted is ended. 3. The applicant shall hold a neighborhood meetin wg hich provides the public an opportunity to review the pro op sed project. The meeting shall be held not more than three (3) months, nor less than five (5) calendar dais prior to the submittal of the application to the City Planning and Zoning Department. The applicant shall notify and invite to the meetin residents and property owners within 300 feet of the exterior boundary of the application parcel. The applicant shall notify the homeowners association for all residential subdivisions located within the 300 feet boundary. Notice of the meeting maybe either hand delivered or mailed to the recipient. The notice advertisin tg he neighborhood meeting must be received at least five day prior to the meetin date. Wireless Communication Facilities/Cell Towers The following abstracts give a brief description of a number of wireless communication facility (WCF) ordinances that have been adopted by local municipalities: City of Eagle: The City of Eagle has adopted what may possibly be the most restrictive WCF ordinance in southern Idaho. The ordinance includes a requirement for reports from a qualified engineer and the FAA, increased radius noticing requirements (1,000 feet), outright prohibition of cell towers in specific zones (residential), fall zone setbacks, camouflage treatment of all towers and co-location requirements. A number of cell phone companies (and other municipalities) have commented that the Eagle Ordinance is so restrictive that it is considered prohibitive. City of Boise: Boise City's WCF Ordinance allows WCFs in all zones (providing the tower does not exceed the height limitations of the underlying zoning designation), stealth towers are permitted with staff level approval, limits the height of WCFs in all zones. The ordinance provides a good set of definitions for different types of WCFs, and provides a different set of guidelines for "Microcell" facilities. City of Caldwell: The City of Caldwell recently adopted a WCF Ordinance, and it appears to be somewhat less restrictive than those ordinances adopted by other jurisdictions. The City of Caldwell worked very closely with several wireless communications companies during the writing and adoption of their ordinances. The result is a very straightforward ordinance that is easy to understand and facilitates the, quick approval of WCFs in Caldwell (due in part to the allowance of WCFs in all zones). This ordinance is much more permissive than the City of Eagle WCF ordinance. Ada County: The ADA County Ordinance was adopted at approximately the same time as the Eagle City Ordinance, and the two jurisdictions obviously compared notes. The County is not as restrictive as Eagle, however the ordinance is very straight forward and allows WCFs in most zones (including residential zones). Garden City: No Ordinances, all towers require a CUP. A committee has been formed and legislation is currently being written.