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HomeMy WebLinkAboutBest Western Compliancet f� OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer . HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor Mr. Mark Lohr, Owner June 16, 1993 Mr. Sam Lohr, Owner Best Western Concrete Products, Inc. 1580 West Overland Road Meridian, Idaho 83642 RE: Compliance with Development Requirements of the Meridian. COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning S Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI City of Dear Mark and Sam Lohr: We have all been working hat`d to identify the applicable portions of the Meridian Zoning Glad Development Ordinance that pertain to site improvements for;Best Western Concrete.,,Products, Inc. Based on several meetings W-1th *W� a2k.ether,, ;terested;parties, plus my review of the applicable City ordinances, I have developed a concise list of compliance $ct=ns. Please note that the City of Meridian will allow yat thirty"v (31) days i from the date of this letter to submit the: reg -,"4. ocuments hie'noted or - commence construction of require si,e `6v construction Here is a summary ofpcifio'-actions" required of Best Western Concrete Products, Inc r ompliance withthe Meridian Zoning and Development Ordinance. °'" `"This i~ist 'does, not preclude any other sections of the ordinance that may apply to this project. This list is provided ttb yol to address several specific concerns as noted in our past review meetings. #1. Construct a six foot (61jminimup eight earth berm. Install grass sod on `south side of berm from top center to the toe of the south slope. South side equals side of berm facing Overland Road. Plant evergreen trees or a mix of evergreen and decidious trees on top center of berm spaced every five feet (51) minimum. The majority of Evergreen or Decidious trees should be minimum two foot (21) size at time of planting. Install central underground irrigation system for trees and sod. Berm to be constructed along Overland Road with placement and openings in accordance with Ada County Highway District Standards. North side surface of Berm to be finished at the discretion of property owner. Recommended slope on berm is one foot (11) vertical to two feet (21) horizontal. #2. Ordinance Section 2-413 B. 1.2.E 3. - Comply with all elements of this ordinance section. #3. Ordinance Section 2-413 B,1.c. - Maintain in good operational condition, standard mufflers on all equipment. #4. Ordinance Section 2-413 B,l.d. - As business operations are moved North of Overland Road, Vibration will be minimized. Continue to prepare the site for future relocation of operations away from Overland Road. #5. Ordinance Section 2-413 B,1.f. - Submit a site plan showing the location of all current plus anticipated future improvements. Show location of all outdoor lights and glare pattern. #6. Ordinance Section 2-413 C,6. - The Best Western Concrete, Inc. business site is not considered a contractor's yard as described in the ordinance. This section is not applicable. #7. Ordinance Section 2-413 C.12 - See item #1. Also, install a six foot (61) high sight obscuring fence along a portion of Linder Road to screen the residential property at the Northwest corner of Linder Road/ Overland Road intersection. Location of this fence to be approved by the Ada County Highway District and adjacent residential property owner. Do not store any commercial or industrial materials within 35' of South property line which is also the front yard setback area. Berm screen can be constructed within the front yard setback. The owners may apply for a variance to allow storage in front yard setback. If the requested variance is approved by the Meridian City Council, materials may be stored directly behind the berm (north side of berm) if all materials are fully screened. #8. Ordinance Section 2-414 A. C,D,E and F - Submit a site plan showing all current and anticipated off-street parking and loading facilities. Comply with all appropriate requirements of this ordinance section and the access development standards of the Ada County Highway District. 9. Ordinance Section Chapter 9 Nuisance - The City of Meridian Nuisance Ordinance applies to unacceptable noise impacts b adjoining residential properties or impacts to a d j o i n i n g residential properties resulting from extended work hours. .' The City will pronely review your site plansohd continue to work with you on compliance. As soon as you comply with these ordinance sections, the City of Meridian will issue appropriate Zoning and Occupancy Permits in accordance with Ordinance Sections 2-420 and 2-421. Thank you for coordinating with the City Council, City Staff and area residents to resolve ordinance misunderstandings. Please call me at 888-4433 if you have any questions. Restfully, City of Meridian UJ4. Wayne ��orrey, AICP Planning Director MERIDIAN CITY COUNCIL JULY 6, 1993 PAGE 11 Randy Conner: The last meeting when the incorrect notice was sent out, the petition that was turned in at that time was for the R-4 to R -S. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. Counselor does this constitute a significant change in Findings? Crookston: The testimony is basically the same. The Motion was made by Tolsma and seconded by Corrie to deny the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Corrie and seconded by Tolsma to have the City Attorney prepare new Findings of Fact and Conclusions of Law on this issue. :lotion Carried: All Yea: ITEM #12: APPEAL OF PLANNING DIRECTORS LETTER REGARDING ORDINANCE COMPLIANCE OF BEST WESTERN CONCRETE F►RODUCTS, INC.: Crookston: I have a conflict in this matter. Bili Collins, representing Best Western Products: Mr. Forrey, as You all know issued a recent decision here the later part of June which was I Suppose welcome on the part of my client. We wanted to get some resolution of these issues that have been in front of the Council. We've appealed that decision on three points that we think we need to get resolved. There's no real issue with an of the other matters that Mr. Forrey set Out in the letter. The pr^imary issue t a we're chs enging ere is the reasons leness of the requirement to place sod on this berm. As I read the Meridian City Ordinance on zoning, the owner of the industrial property would be required to install a six foot high fence, typically that would be a chain link fence with some batten in between in. What we've suggested since the major complaint appears to be from the neighbors across Overland Road is they don't like the view of the industrial operation, so we have said !+MERIDIAN CITY COUNCIL JULY 6, 1993 PAGE 12 how about a six foot high berm. We also suggested the planting of trees. Mr. Forrey in his letter said, fine we're going to require that. Physically what we're proposing would be a six foot high berm. It would have a six foot flat area an top and a two to one slope which means that the overall base of the berm would be thirty feet. (Explained further^ an irrigation, maintenance - see tape) What we are proposing is to cover that berm with a weed barrier and an top of that berm install roughly three to six inch aggregate, rounded river rock to create a pleasing site along Overland Road. Another minor issue, on the installation of trees no date was given for that. We would like until fall to install the trees because we don't think we're going to get a good survival rate. We want to get in there and build this berm as soon as we can get some other matters resolved with Ada County Highway District on access. The other requirement that Mr. Forrey outlined in the letter and maybe I can see his logic and that is he wanted a site obscuring fence with batten in it along the west boundary of the property, between us and the adjoining farm to the west. I think that the property owner of that farm has said 1 don't want that fence along Linder Road. The other issue that were asserting here is some very vague language that appears in the last paragraph of Mr. Forrey's decision. It says something like this, "the nuisance ordinance applied to unacceptable noise impacts to adjoining residential properties or impacts adjoining residential properties from extended work hours". I've got a client here that bought the land relying on the property being zoned industrial, checked that it was acceptable for concrete manufacture which is one of the permitted uses in the zone. Concrete manufacture has some noise. We would like to work something more than from eight to five. Conceivably a little earlier in the day and a little later in the evening. I'm concerned about that paragraph. What is the City telling us, is the City telling us that in two years they are going to come back and impose working hours on us? We'd like that clarified, we need to know now before we spend all this money on this property. We have hired a designer, we've developed a plan at this particular point, we want to get all of this paperwork into the City and get it approved and get this thing pert away. Those are the three primary issues that we'd like to see resolved tonight. Kingsford: For^ your information, item #9 with regard to the nuisance ordinance was not placed there specifically by Mr. Forrey, that was placed there by Mr. Riddlemoser who is on this issue the acting City Attorney. MERIDIAN CITY COUNCIL JULY 6, 1993 PAGE 13 Collins: We recognize that the City has a nuisance ordinance but I just don't know what he's saying there. Kingsford: I think what he's saying is adjacent to a residential area there's some reasonableness in noise. Collins: I understand that but is he just saying that that exists. What about the extended work hours^ Kingsford: I would think that times that people like to sleep there shouldn't be loud noise going on. Collins: When you see the site plan what we're going to try to do is enclose the area where we're going to be manufacturing the manholes. Hopefully that will eliminate some of the noise. Then the other equipment moving the manholes is a fork lift. Kingsford: Any questions for Mr. Collins? Corrie: You've mentioned a site plan, how long before that is forth coming? Collins: I would think within the next couple of weeks. Corrie: Also you said the core drilling that will be inside of a building? Collins: The tough thing with that is that core drilling requires a fair amount of water (explained - see tape). Mark Lohr: The machine can be put inside of a building. Yerrington: How large of space in the building would this take? Lohr: I'd say about 12 to 15 feet wide and 20 feet long. Collins: My understanding on this is that Idaho Power is the one that specified where they wanted that new pole put and bringing the line across Overland Road, that's one of the issues is where this power line is with driving equipment under it and so forth. Giesler: Is this type of slope abnormal? Assist. Eng. Freckleton: Gary has done some checking on that. MERIDIAN CITY COUNCIL JULY 6, 1993 GAGE 14 Clerk Forrey: Gary Smith did contact several landscape companies. Mr. Collins had asked, during the time I was writing a letter to help them with the slope and if we had specified a 4 to i slope or 3 to 1 slope why that would widen the berm which would move their operations farther into their property, farther away from Overland Road. The question was we wanted to help them as much as possible and so what is the maximum slope that was mowable based on landscaper's opinion that would result in the minimum width of a berm which would get them least disruption to their business operations and that's where we got the 2 to 1. It could certainly be a flatter slope but that would be a much wider berm. It was an attempt to give you a minimum that would help. Yerrington: Would it be possible to have one slope on one side of the hill and the other slope on another side, a steeper slope. may in next to your business you have the steep slope there and more of a gradual slope out that you could put grass on. Collins: I think all the engineers would say you don't want to exceed the 2 to 1 slope, your going to have to much subsidence if you exceed the 2 to 1. (Further explanation - see tape) Giesler: Concerns stated about rock instead of sod. Jon Mayer: I'm working as a designer for this client. The idea of utilizing the rocks as you've mentioned regarding the rolling portion of it we had looked at the setting of a wooden railroad tie or something like this as a base. They would be locked in against each other pretty well, you wouldn't see any rolling other then they are actually being installed. When I had spoken with two architects as well as Boise City's Flarks Design personnel they had been trying to achieve a slope of 4 to 1 for mowing ability. A slope that is four- feet wide but a 2 to 1 is maintainable with a small mower. I'd be happy to answer, any questions. Larry Sale, ACRD: I have to admit ignorance on the hillside construction on the interchanges. I am familiar however with the berm along Chinden at the Banbury Subdivision from Eagle Road west. The first phase of that project, the berm was built at about a 2 to 1 slope by error and it is extremely difficult to water and it is extremely difficult to keep green in hot weather. The later phases of the project were built at a 3 to 1 slope and they do mow then regularly and they don't have as much trouble keeping them irrigated. (Explained further - see tape) MERIDIAN CIT`( COUNCIL JULY 6, 1993 PAGE 15 Sam Lahr: When we started talking about what we were going to do for a screen with the City and with the neighbors, as I recall we were originally talking about a planter area and a fence that was hard to see through and we came up with the slope and we'd put a berm up there, low maintenance type that wasn't hounding us all the time and still pleasing to look at. I just don't want grass I don't think we can keep it maintained to the point that everybody's going to be happy. It's a few more hours in the day that we're going to be out there running machinery to maintain it. We are trying to get a berm up there that other than watering the trees we don't need to do anything with. We want a tall berm to cut vision and noise, we want to get trees that will also act as a noise barrier. Grass just won't work for us. Understands neighbor concerns. We are trying to put a plan together to address these concerns. Kingsford: Thank you. Collins: In summary, the requirement for the grass we would like the City Council to require us to install a weed barrier and on top of that weed barrier to install three to six inch rounded rock on the south facing slope. The second issue would be to eliminate the requirement that said install a site obscuring fence along the west boundary. Also the extended work hours. Kingsford: How do you deal with the dust on a dirt berm? Mayer: Use a filter fabric. (explained - see tape) Tolsma: Questioned control of weeds in the rocks. Mayer: That weed barrier is extremely tough. (Discussion of weed control - see tape) Sam Lohr: Have seen erosion mats be very effective for a long term period. Kingsford: What I would propose, if the Council would agree, I think that Bob Corrie had agreed to work on this initially, you've mentioned a landscaped plan let's expedite that and get their approval and move along. Corrie: Would you get an agreement from your clients that they would be willing to make sure that the weeds are kept under control as far as on the record. If we go to this rock berm rather than the grass I'd like to have some assn►ranee on record that they would keep that. MERIDIAN CITY COUNCIL JULY 6, 199.''. PAGE 16 Collins: Best Western would agree if the City allows them to use the rock to eliminate weeds on an annual basis as the weeds grow through that rock. Kingsford: I would suggest Mr. Collins that in that our ordinance requires more often than a year if they become a problem so we expect those to be kept down. Collins: Is that understood Sam Lohr? Lohr: I would agree to that. Collins: Is that understood Mark Lohr? Lohr: Yes. Giesler: I have some feelings for those neighbors. I realize it is zoned light industrial and I would have thought that maybe the owners of this property might have had the opportunity to visit with those neighbors and let them know what would be going in there. Sam Lahr: Several points on that, we talked to the City before we bought it and we also talked to the neighbors before we bought it and also being that it was specified concrete production knowing the hours it takes to produce concrete and concrete products. The neighbors number one directly across the street informed us that no matter what we brought in there we'd be broke. Explained problems with neighbors - see tape. Yerrington: What would you think of working sunrise to sunset? Lohr: I wish I could say that would work great bort in the winter the days are so darn short. (Explained - see tape) Corrie: Do you plan on mixing concrete there? Is that all day, certain times of the day and where will it be done? Lohr: We're in the process now at looking at buildings. The plants that mix that type concrete are very clean and not very noisy. Corrie: That would be part of your site plan drawings? Lahr: Yes. MERIDIAN CITY COUNCIL JULY 6, 1993 PAGE 17 Discussion on fencing - see tape. Clerk Forrey: I might add that the owner of the property did come in to see me and he is not in favor of the fence. Kingsford: On or before the 27th of July to receive site plan. ITEM #13: REQUEST TO CONSIDER WAIVING 1400 SQ. FT. HOUSE SIZE REQUIREMENT BE GREG PARENT: Greg Parent, 162 Hope Arms Lane: My wife and I are trying to get into a house on our property that will be enlarged later to encompass two more bedrooms and a family room. Kingsford: Your talking about initially 1270 square feet. This property sits on the west - Parent: East side of Ten Mile north of Cherry Lane, north of the City of Meridian's well lot. Kingsford: Since this has been in the City it's been zoned that way, would our current 1400 sq. ft. even apply or would it be based on where we were at prior to the 1991 zoning change. Crookston: If there was no house on it at the time the new Ordinance was enacted, the new ordinance would apply. Discussion on zone - see tape. Kingsford: It's R-4 but at least part of it platted and there are houses in there smaller than 1400 square feet almost adjacent to this. (Discussion on access to his lot - presented blue prints and gave explanation - see tape) Kingsford: My contention is that he should enjoy the same benefits as Sunburst. This was three parcels and then subdivided. Forrey: Efforts of Mr. Parent explained. Explained that this was part of a subdivision already. Kingsford: Things have been worked out then and you can get Yourself a building permit. PAUL L. WESTBERG THOMAS J. McCABE WILLIAM D. COLLINS WESTBERG, McCABE & COLLINS CHARTERED ATTORNEYS & COUNSELORS AT LAW 733 NORTH SEVENTH STREET P.O. BOX 2836 BOISE, IDAHO 83701-2836 IV/ /% V ry� `a 99 V 1 1 Mr. Jack Niemann City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Dear Mr. Niemann: December 9, 1992 FAX (208)336-2121 TELEPHONE (208) 336.5200 As you know, I represent Best Western Concrete Products, Inc. My client owns land between Overland Road and the Interstate at 1580 Overland Road. It is my understanding that Mr. Johnson and Mr. Andrews who own property at 1435 and 1575 Overland, respectively, have asked to appear before the City Council this coming Tuesday, December 15, 1992, regarding complaints they have with respect to my client's use of its property. I would like you to place some time on the City Council's agenda for that same day for me to appear along with a representative of my client regarding those complaints. Very truly yours, WES G, McCABE & COLLINS, Ctd. 1 ". William D. Collins WDC/ml cc Best Western Concrete Products, Inc. Wayne Crookston, Jr. WESTBERG, McCABE & COLLINS CHARTERED ATTORNEYS & COUNSELORS AT LAW 733 NORTH SEVENTH STREET P.O. BOX 2836 BOISE, IDAHO 83701-2836 PAUL L. WESTBEFIG THOMAS J. McCABE WILLIAM D. COLLINS HAND DELIVERED Meridian City Council 33 East Idaho Street Meridian, ID 83642 June 29, 1993 jjEC f:jV ED JUN 2 9 1993 C,.T,y off' maw)I Re: Notice of Appeal, Best Western Concrete Products, Inc. Gentlemen: FAX (206) 336.2121 TELEPHONE (208) 336-5200 This letter should be considered as an appeal to the Meridian City Council of the Planning Director's decision dated June 16, 1993. The Planning Director, by that decision, specified a num- ber of requirements which must be met in order for Best Western Concrete Products, Inc., ("Best Western") to comply with the Meridian Zoning and Development Ordinance. The issues appealed as a result of that decision are as follows: 1. The Planning Director required Best Western to construct a six-foot high earth berm along the southerly edge of Best Western's property at 1580 West Overland Road. The Planning Director also required Best Western to plant evergreen trees or a mix of evergreen and deciduous trees on top of that berm. The trees are required to be spaced every five feet and are to have a minimum height of two feet at the time of planting. An underground irrigation system for watering the trees was required. The berm is also to be constructed on a two -to -one slope. Best Western had suggested the berm as a means of providing screening of the activities on its property from the residences located on the south side of Overland Road and is willing to accept the above re- quirements even though it feels that the City can only rquire a six -foot -high chain link fence. This conces- sion on the part of Best Western is a costly one and is Meridian City Council June 29, 1993 Page 2 an effort to create as complete a site obstruction as possible. However, the Planning Director also required Best Western to install grass sod on the south side of the berm from its top to the toe facing Overland Road. Best Western submits that the requirement of the grass sod on the one side of the berm is not authorized under the ordinance and it is an abuse of discretion for the Planning Director to impose that requirement. Several problems exist with this requirement: (a) The grass sod will likely have to be mechanic- ally attached to the face of the berm in order to prevent it from slipping down to the toe when being watered until the roots of the sod penetrate the berm; (b) The grass on the berm cannot be mowed with a lawn mower because of the steepness of the pitch of the slope; (c) There is no provision in the ordinance autho- rizing the City to require a grass landscaped area in the front yard setback area; and (d) The cost of attempting to maintain such a vast expanse of grassed area is prohibitive. Best Western had proposed that the surface of the berm be covered with a plant barrier mat and the mat covered with rounded river rock which can be obtained onsite. Best Western's proposal is aesthetically pleasing, not prohibitive from a cost standpoint and is practical to maintain. 2. The Planning Director required Best Western to install a six -foot -high site -obscuring fence along a portion of Linder Road to screen the adjoining residential prop- erty, that owned by Elmo Powell. The location of the fence is to be approved by the Ada County Highway Dis- trict and the residential property owner. The residen- tial property owner has asked Best Western not to in- stall the fence, and the Ada County Highway District does not require the installation of the fence. Consequently, the Planning Director's requirement of that fence is not necessary. Meridian City Council June 29, 1993 Page 3 3. The Planning Director noted in his decision that an ordinance prohibited noise on the property which impacted an adjoining residential property. It is not clear what the Planning Director's intent is in imposing this additional requirement; and as a conse- quence, Best Western appeals this point and requests a clarification as to what noise constitutes an impact and requests a clarification as to what the City Council will determine to be extended work hours. Best Western believes that the City seeks to impose an arbitrary noise level definition as a violation of the ordinance and seeks to prohibit work except during specified time periods, contrary to what should be expected on property zoned for industrial uses. Best Western purchased its property in reliance on the zoning ordinance which cre- ated as a permitted use concrete and asphalt manufactur- ing plants. It now appears, without clarification, that the City intends to indirectly prohibit the use for which the property was zoned. We request that you set this matter for hearing before the City Council on July 20, 1993. Very truly yours, WE ERG, McCABE & COLLINS, Ctd. 7._ William D. Collins WDC/ml cc Best Western Concrete Products, Inc. WESTBERG, McCABE & COLLINS CHARTERED ATTORNEYS & COUNSELORS AT LAW 733 NORTH SEVENTH STREET P.O. BOX 2836 BOISE, IDAHO 83701-2836 PAUL L. WESTBERG THOMAS J. McCABE WILLIAM D. COLLINS HAND DELIVERED Mr. Wayne Forrey Planning Director City of Meridian 33 E. Idaho Meridian, ID 83642 September 7, 1993 RECEIVED SEP 0 8 1993 0"Al F va' ML1�4sw,,� � <1AA t�k RE: Site Plan, Best Western Concrete Products, Inc. Dear Mr. Forrey: FAX (208) 3362121 TELEPHONE (208)3365200 I am delivering with this letter the final site plan of Best Western Concrete Products, Inc., for its property at 1580 Overland Road, Meridian, Idaho. I believe the site plan contains all of the items you and I discussed with one minor difference. You had asked that we show the footprint of the lit areas. We felt this would unduly complicate the plan with the number of lines that would have to be added and, instead, added a notation to the plan following the basic requirements of the zoning ordinance and said that lighting would be described when building plans were submitted. This would give you the right to review the lighting at that time. The existing lit areas have been minimized in an attempt to alleviate the objections of the adjoining property owners. Only one light exists now. There are no present plans to light the existing improvements. We would anticipate, however, that we could go ahead some time in the future and without first notifying the City install the parking area light on the northeast corner of the office, at the several entrances to the property, at the ends of the existing production areas and at the front and rear of the existing shop as long as those lights meet the three requirements set forth in the note appearing on the site plan. The note appearing on the site plan stated that my client would come back to the City for approval on all future lights when building plans were submitted. However, as you know, lighting is shown on some of the existing improvements, and building plans will not be submitted for those. Therefore, this letter is intended to clarify the note appearing in the site plan in that regard. It would seem to me that the City would not have any objection to these areas being lit subject to the three specific conditions set forth on the plan. Mr. Wayne Forrey September 7, 1993 Page 2 There is one additional clarification of the site plan. The area marked "future parking" north of the office should be shown as "paved parking." My client will pave that area in accordance with the zoning ordinance. If the site plan as modified with this letter meets with your approval, please issue the zoning certificate. Very truly yours, WESTBERG, McCABE & COLLINS, Ctd. William D. Collins WDC/cp Enclosures cc Best Western Concrete Products, Inc. r WESTBERG, McCABE & COLLINS CHARTERED ATTORNEYS & COUNSELORS AT LAW 733 NORTH SEVENTH STREET P.O. BOX 2836 BOISE, IDAHO 83701-2836 PAUL L. WESTBERG September 8, 1993 THOMAS J. MCCABE WILLIAM D. COLLINS Mr. Wayne Forrey Planning Director City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Mr. Forrey: Yesterday I had enclosed with my letter to you a letter I had received from Mr. Laber of ACHD dated August 20, 1993 confirming the road right-of-way width on Overland Road at 50 feet. I had not referred to that in my cover letter. FAX (208) 336.2121 TELEPHONE (208) 336-5200 I also have enclosed a copy of a letter my client has written Larry Sale of ACHD confirming its understanding that ACHD had approved the site plan subject to a condition to the access off of Overland Road on the east side of the property and deletion of the parking area it had originally shown for the office along Linder Road. The site plan submitted to ACHD was the earlier site plan submitted to you. The site plan submitted yesterday showed the deletion of the parking along Linder Road. Very truly yours, WESTBERG, McCABE & COLLINS, Ctd. V�-11 D. Collins WDC/cp Enclosure cc Sam Lohr WESTBERG, McCABE & COLLINS CHARTERED ATTORNEYS & COUNSELORS AT LAW 733 NORTH SEVENTH STREET P.O. BOX 2836 BOISE, IDAHO 83701-2836 PAUL L. WESTBERG September 28, 1993 THOMAS J. McCABE WILLIAM D. COLLINS VIA: FAX, 887-4813 AND REGULAR MAIL Mr. Wayne S. Forrey Planning Director City of Meridian 33 East Idaho Meridian, ID 83649 RE: Bestwestern Concrete Products, Inc.,/Zoning Requirement Dear Mr. Forrey: My client received your letter dated September 13, 1993, via fax at 4:30 p.m. September 24, 1993. The letter stated that the improvements set forth in the site plan must be substantially complete by October 7 and entirely complete no later than October 15, 1993. According to my client, you said in the phone call September 24, 1993, prior to receipt of the fax, that the city would stop all operations on the property if the time schedule was not met. Your letter gives my client nine working days within which to substantially complete all of the work set forth in the site plan. That time period is completely unrealistic and cannot be physically met. The work required under the site plan will require my client to remove approximately 1000 cubic yards of fill material from the middle of their property and haul that earth to the frontage along Overland Road in order to construct the berms. The berms total approximately 484 feet in length are 6 feet high and 24 feet at their base. Following construction of the berms a water system will have to be installed along the top of each berm, the surface of the berm will be covered with a vegetation barrier matt, approximately 80 trees will have to be purchased and planted on 5 foot centers along the top of the berms and the berms will have to be covered with cobbles. There is physically no way that work can be FAX (208) 3362121 TELEPHONE (208) 3365200 Mr. Wayne Forrey September 28, 1993 Page 2 substantially complete within the time period you have established. I learned of the approval of the site plan in our telephone conversation of Monday, September 20. I understood from that conversation a formal letter of approval would be sent that day. As mentioned above, the letter was not received until the close of business the following Friday. In our telephone conversation you said nothing about having the project substantially completed on October 7, but did recite that you would be giving my client 30 days within which to complete the project. Upon receipt of that verbal notice and not knowing entirely what the letter might state I immediately called my client and advised it that the site plan was being approved and to expect a letter to that effect the following day. At the time I told my client to proceed with making arrangements with contractors to proceed with the work. Within two days my client had made arrangements with a contractor to excavate the material with a scraper for the berm. We have been told by that contractor, barring prior work commitments, he should be ready to start excavation and hauling October 2. Negotiations are already taking place to acquire a push cat for the scraper. Suppliers have been contacted for obtaining the vegetation barrier matt and it appears that there is sufficient material in stock locally so that delivery can be made once the berm is completed. Suppliers have also been contacted for the procurement of the trees. Cloverdale Nursery is to be on site this Wednesday to make their recommendations regarding the trees, provide samples and to submit a bid. As you know, my client had planned on using the existing gravel on site following the excavation of the dirt for the berm as the source of cobbles for the berm. Because of your demand to have the work substantially completed by October 7, my client has contacted one of the gravel companies to see if they have material suitable for the covering and a bid has been received. However, the size of rock may have to vary from that set forth in the site plan. Last Friday forms were set for pouring a concrete parking pad. Delivery of the concrete could not be made that day or Monday. The concrete for the parking pad is scheduled to be poured this morning. Mr. Wayne Forrey September 28, 1993 Page 3 To follow proper construction practices and create a berm which will look good and hold it shape, it must be constructed in layers with each layer compacted. This requires more time. We cannot simply dump the dirt and shape it in a berm. As you are aware, this is a fairly substantial project and a very busy time period for contractors performing this work and, hence, the availability of companies capable of doing the work is limited. I have asked my client to give me a reasonable date within which the work would be substantially complete. At this point, we have not been able to obtain commitments from enough contractors and suppliers within which we can give you an anticipated completion date. I have asked my client to document all of their efforts in securing contractors, time commitments and will provide it to you as we receive them. As you know, my client has wanted to proceed with construction of a berm and would have probably gone ahead with it earlier, but I cautioned it in doing so since the city had not given final approval of the site plan. With this late approval, this puts us into the fall months where the risk of obtaining precipitation is much greater and making it very difficult and possibly impossible to do the work as quickly as both they and you would want to see occur. My client strongly believes that the berm will go a long way toward eliminating the complaints of the neighbors and, for that reason, want to see the berm constructed as quickly as possible. My client has been told by at least one source that if the berm is not completed by October 1, then the city would shut down operations on the property. That date apparently has been extended to October 7. The unrealistic timetable imposed by you coupled with the rumors about the city shutting down the operations leaves my client to conclude that the city has adopted this short timetable for that specific purpose. Initially my client was told by Jack Niemann that the property was zoned for the purpose being used and we were not told of any specific requirements that we had to meet before setting up the business. We now understand that Mr. Niemann may not have been as thorough as he should have been and have endeavored to try to comply with the zoning ordinance. My client believes it has Mr. Wayne Forrey September 28, 1993 Page 4 gone beyond the requirements of the ordinance in trying to screen our operation from the adjoining property of owners. My client is trying to be a responsible member of the community, tries to employ Meridian residents when possible and will do everything reasonably and economically possible to complete the site improvements as quickly as possible. We will need extensions of time within which to complete the work beyond what your schedule prescribes and will be able to document the justification for those requests. Very truly yours, WESTBERG, McCABE & COLLINS, Ctd. L William D. Collins WDC/cp cc Bestwestern Concrete Products, Inc. .e PAUL L. WESTBERG THOMAS J. McCASE WILLIAM D. COLLINS WESTBERG, McCABE & COLLINS CHARTERED ATTORNEYS & COUNSELORS AT LAW 733 NORTH SEVENTH STREET P.O. BOX 2836 - BOISE, IDAHO 83701-2836 October 18, 1993 VIA FAX (887-4813) AND REGULAR MAIL Mr. Wayne S. Forrey Planning Director City of Meridian 33 East Idaho Street Meridian, ID 83642 fit*IFAX (208) 336-2121 RE: Bestwestern Concrete Products, Inc. Dear Mr. Forrey: As I understand from my client, Bestwestern Concrete Products, Inc., that you inspected the improvements required by the city to obtain the zoning certificate and occupancy certificate, October 15, 1993 and found all of the work substantially complete. The city is asking that we comply with whatever requirements are imposed by ACHD for the two approaches off of Overland Road. Mr. Larry Sale of ACHD told me last week that they require that they be paved from the existing pavement on Overland Road to the property line. The city was also concerned as to what ACHD's requirements were for access off of Linder Road. Mr. Sale told me last week that the only requirement they have is that the access off of Linder Road be no closer than 50 feet back from the paved portion of Overland Road where Linder Road intersects Overland Road from the north. It is also my understanding that ACHD does not require any work to be done to Linder Road. My client has, however, gone ahead and placed pit run gravel base on Linder Road back from Overland Road to the north to the point it accesses its property and has placed on top of the pit run a gravel base of three quarter inch and minus to smooth out the road service and to possibly eliminate mud being carried onto Overland Road from its property. My client has also hauled several hundred cubic yards of pit run material into its workyard in an effort to keep down dust and also eliminate trucks tracking mud onto Overland Road. My client has contacted at least four asphalt paving companies to construct the approaches off of Overland Road. Asphalt Driveways and Parking, Inc. and Ada Asphalt Co. are either not interested or are two busy to do the work. Capitol Paving and z'( TELEPHONE (208) 338-5200 RE: Bestwestern Concrete Products, Inc. Dear Mr. Forrey: As I understand from my client, Bestwestern Concrete Products, Inc., that you inspected the improvements required by the city to obtain the zoning certificate and occupancy certificate, October 15, 1993 and found all of the work substantially complete. The city is asking that we comply with whatever requirements are imposed by ACHD for the two approaches off of Overland Road. Mr. Larry Sale of ACHD told me last week that they require that they be paved from the existing pavement on Overland Road to the property line. The city was also concerned as to what ACHD's requirements were for access off of Linder Road. Mr. Sale told me last week that the only requirement they have is that the access off of Linder Road be no closer than 50 feet back from the paved portion of Overland Road where Linder Road intersects Overland Road from the north. It is also my understanding that ACHD does not require any work to be done to Linder Road. My client has, however, gone ahead and placed pit run gravel base on Linder Road back from Overland Road to the north to the point it accesses its property and has placed on top of the pit run a gravel base of three quarter inch and minus to smooth out the road service and to possibly eliminate mud being carried onto Overland Road from its property. My client has also hauled several hundred cubic yards of pit run material into its workyard in an effort to keep down dust and also eliminate trucks tracking mud onto Overland Road. My client has contacted at least four asphalt paving companies to construct the approaches off of Overland Road. Asphalt Driveways and Parking, Inc. and Ada Asphalt Co. are either not interested or are two busy to do the work. Capitol Paving and . Mr. Wayne S. Forrey October 18, 1993 Page 2 Eterna-Line Corp of Idaho were contacted a week ago. As of last Friday we have been able to get two bids from those companies. There is quite a disparity in the bids and my client would like to get two more bids before letting the contract. All of the paving contractors are extremely busy and some are not interested at all in doing what they consider a small job. The paving will be done as soon as we receive the other bids and the contractor can do the work. This is a delay over which we have no control. It has taken over a week just to get the two firms out to look at the work and then it was several days before we received the bids. Very truly yours, WESTBERG, McCABE & COLLINS, Ctd. �.J i 1 Wi'-1iem'D. Collins WDC/cp cc Bestwestern Concrete Products, Inc. WESTBERG, McCABE & COLLINS CHARTERED ATTORNEYS & COUNSELORS AT LAW 733 NORTH SEVENTH STREET P.O. BOX 2836 BOISE, IDAHO 83701-2836 PAUL L. WESTBERG THOMAS J. McCABE WILLIAM D. COLLINS November 3, 1993 VIA PAX 887-4813 AND REGULAR MAIL Mr. Wayne S. Forrey Planning Director City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Best Western Concrete Products Dear Mr. Forrey: RSCA, N4 FAX (208) 338.2121 TELEPHONE (208) 3365200 This letter is in reply to the telephone conference between yourself, Mr. Corrie and me yesterday afternoon. You had asked that I reply in written form before the City Council's meeting tonight and state what Best Western's plans are for the completion of the two approaches off of Overland Road onto their property. Specifically you had asked me to find out whether or not the corporation planned on placing asphalt or concrete for the two approaches and whether it planned to complete the work before November 15, 1993. I talked with Mark Lohr, president of the corporation this morning. He said that they planned to use asphalt as the top surface. He also said that he would do his best to have the two approaches completed before November 15, 1993. My client does not have much control over when the work can be completed. One company told him that they could not do the work until June 1994, another company said they would try to work him into their schedule but would not guarantee when the work would be completed and some companies have been asked to make a bid, have looked at the job and have either said it is too small, they are too busy or have not submitted a bid even after several calls to try to get the bid. Also, I am told that asphalt cannot be laid unless the temperature is 45°F and rising. Both weather and the unavailability of contractors may delay the work. Thus the November 15 date for completion of the work may not be possible and may not be met. As I am sure you know this type of work is typically done by the small paving contractors. With all of the subdivision development occurring in the area these contractors have committed to do work before this winter and the developers are all pushing them to complete their work. This is one of the reasons we are experiencing a problem in giving you a firm completion date. From a technical standpoint, it is my belief that the Ada County Highway District would have the sole jurisdiction to set forth what must be done and when. By now, you should have seen Mr. Sale's letter of October 27 to the mayor and the council. Mr. Sale noted that my client would probably have difficulty getting someone to do the work this year and also felt that a reasonable completion date I could be May 1, 1994. My client kill give you a final completion date of May 1, 1994 as a firm commitment. However, my client will do what is reasonably within its power to do the work by November 15, 1993. Another problem we are experiencing with the November 15 date is that we are probably talking about a cost overrun of several thousand dollars over what it would cost otherwise. This is also a problem recently experienced by ACRD. If you have any questions, please give me a call. Very truly yours, WE TBERG, McCABE & COLLINS, CTD. it iam D. Collins WDC:sh cc: Best Western Concrete Via Fax 887-6367 and Regular Mail Larry Sale Via Fax 345-7650 WESTBERG, McCABE & COLLINS CH"TERM ATTORNEYS & COUNSELORS AT LAW 733 NORTH SEVENTH STREET P.O. BOX 2836 BOISE, IDAHO 83701-2836 PAUL L. WESTSERG THOMAS J. MCCASE WILLIAM 0. COLLINS November 5, 1993 Mr. Wayne S. Forrey Planning Director City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Mr. Forrey: 0 FAX (208) 336-2121 TELEPHONE (208) 3365200 Because of an unexpected opening in the work schedule of one of the paving contractors, my client, Best Western Concrete Products, Inc., was able to get the company to come out and pave the two approaches off of Overland Road yesterday. As I understand from Mark Lohr he was able to reach you by phone to give you this information. However, I wanted you to have this letter for your file. I also understand from Mr. Lohr that you had previously issued the zoning certificate and the occupancy permit and they have been placed in the mail. Based upon the assurance of those two documents, it is my understanding that my client has completed all work required of the city. Very truly yours, WE'S`TBERG, McCnABE & COLLINS, Ctd. William D. Collins WDC/cp cc Best Western Concrete Products, Inc. AMBROSE, FITZGERALD & CROOKSTON A'1'1'ORNINS AND COUNSI'sLORS A'1' LAW GItAN'1' L. AMDRUSG (1915-19l�P) 'rELGPIIUNG (208) 8R8 -I461 J(NIN o. rrr7d:r.RALD, P.A. 1530 WISI' SI'A'I'1? - P.O. BOX 427 17ACSIMILP. (208) 888-3969 WILLIAM J. SC'IIWAR'I-l. )UnN o. rrrzGEiW,D u., P.A. WAWA^ IDAI IU 83680 71ns17RA(IN(IJIVES �� 1'ROI ESS'1(:NA1. ('01WO LHIONS Coe 1 l 1 6� December 1, 1992 D. L. Johnson 1435 W. Overland Road ro r Meridian, Idaho 83642 b S Dennis K. Andrews q g 1575 W. Overland Road 0a 00C10) Meridian, Road 83642 O "J Re: Best Western Concrete Products Dear Mr. Johnson and Mr. Andrews: Pursuant to the direction of the Meridian City Council made Tuesday, November 17, 1992, this letter is written in my capacity as Meridian City attorney to respond to your letter dated November 4, 1992. I will address your questions as numbered in the letter. 1. The answer to your question numbered one is: Yes, it is correct. The property is zoned (I.L.) Light Industrial and was so zoned at the time of annexation of the property in 1980. There is no requirement under the ordinances of the City of Meridian to notify adjacent property owners within 300 feet of the start-up of a business. Property owners within 300 feet of the parcel were notified of the annexation and zoning when it was being processed. The City records reflect that Mr. Johnson appeared at both the Planning and Zoning Commission hearing and the hearing before the City Council when the annexation was being considered. The City records also reflect that a statement was given that Dennis Andrews also apposed the annexation. The records do not reflect whether that statement was made by you, Mr. Andrews, or just on your behalf. 2. "Industrial" is defined at 11-2-403 B. as follows: "The manufacture, processing and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified, but it does include activities incidental thereto." The property is zoned as Light Industrial which is defined in 11-2-408 B. 12 as follows: (I -L) Light Industrial: The purpose of the (I -L) District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet, and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. It is important to note that under the listing of Industrial in 11-2-409 C, which lists the permitted uses in the Industrial District, asphalt and concrete uses and businesses are permitted uses in the Industrial District. Since the listed uses are more definitive than the general guide line set forth under Light Industrial it would control. It is of concern that the listed permitted uses may involve uses that do not fall neatly under the Light Industrial guideline as noted in 11-2-408 B. 12. They are, however, permitted uses and must be allowed so long as they meet the other ordinance requirements. The criteria that they must follow is that they must generally meet the ordinances of the City of Meridian. In regard to the specifics of certain commercial and industrial uses they are generally guided by 11-2-413 B. Under that section it states in part as follows: ". . . any use permitted by this ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits . . The section goes on to list performance requirements. I have enclosed a copy of these provisions for your information. While the use of the land by Best Western Concrete Products is not a contractor's yard as defined by the Ordinance, Section 11- 2-413 C. 6., relating to contractor's yards provides some guidance for criteria. It requires the yard be located 300 feet from any residence and a screening fence. Additionally, subsection 12 of that section relating to outdoor storage of commercial and industrial materials also provides guidance. It requires that it be screened from view from adjoining residences or residentially zoned property. Additionally, if Best Western erects a structure or building, it will be required to meet the off-street parking and loading provisions of the zoning ordinance. Some of the requirements of this ordinance require paving, landscaping, lighting and screening. 3. It is the policy of the City of Meridian that any resident, commercial or industrial use must meet the requirements of the Meridian Ordinances regardless of who is effected by the failure to meet those ordinances. It would not matter if you were in the city limits or outside of the city limits. The fact that you are in the area of impact is not determinative of whether a business inside the city limits must meet the ordinances. Regarding whether you have the right to express your concerns prior to zoning or start up of business, you definitely have that right prior to zoning. You, or a representative, did appear at the hearings held on the annexation and zoning of the property. Under the Meridian Ordinances you are not required to be notified of the start up of a business. This is the case if you were in, and a resident of, the city limits. 4. Generally a proposed business is not required to submit architectural drawings or a prospectus showing intent to comply with zoning rules and regulations if the property where the business is to locate is zoned for that type of business. If they had provided such information to the city if would be public information. I am not aware that any such documents exist at the City Hall. Regarding building permits, a new business is not required to obtain a building permit unless they are going to construct a building or place one on the property. I have called the building inspector and he has informed me that Best Western Concrete Products has obtained the necessary building and foundation permits for the construction that it has undertaken on the property. 5. It is not permissible to live on industrial zoned property. If there are employees or residents actually living there the City will attempt to ascertain that and take appropriate action. 6. The provisions of Section 11-2-413 B. which I have enclosed answer the questions that you have raised in question number 6 to a certain extent. Other than these provision there is no restriction on the hours of operation if the business is meeting the requirements of Section 11-2-413 B. 7. To the City of Meridian's knowledge, there was no environmental impact study done on this business prior to commencement of business. The ordinances of the City do not require such a study to be completed. If there is a water quality problem this would be addressed by the Department of Water Resources or the Department of Health and Welfare. 8. Jack Niemann, the Zoning Administrator, did send a letter to Sam Lohr of Best Western Concrete Products on September 2, 1992. Mr. Niemann was contacted by the attorney for Best Western, William Collins, and they had at least one discussion regarding the property. There apparently was a misunderstanding as to who was supposed to get back to who. In any even no action was noted on behalf of Best Western and the City Council had me send Best Western a demand letter, which I did. I received a telephone call from Mr. Williams and we discussed the situation. He indicated to me that he understood that Best Western wanted to do something about screening the area but desired to know what was going to satisfy the property owners. That is why I asked you the questions I did at the last City Council meeting regarding what you felt would solve the situation. To date I have not had a subsequent discussion with Mr. Williams because it has not been determined what is the best way to resolve your concerns. The city is very much interested in seeing that its ordinances are complied with and will endeavor to work with you and Best Western Concrete Products to see that the ordinances are complied with. I am forwarding a copy of this letter to William Collins, Best Western Concrete Products attorney so that he is also aware of my comments and some of the ordinance requirements. Very truly yours, /a, , -4. ��� / 11. WAYNk G. CROOKSTON, JR. City Attorney, City of Meridian WGC:mks Enclosures pc: William Collins Jack Niemann, Zoning Administrator November 4, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council As long time residents and taxpayers of Ada County currently residing in the City of Meridian's area of impact, we are greatly concerned about the activities being conducted at 1580 West Overland Road. Our concerns are as follows: 1. Our neighbor was told that the property has been zoned "Light Industrial" and it was not necessary to notify neighboring residents regarding the start-up of business operations at the above cited location, which began during the Memorial Day weekend of this year. Is this correct? 2. What is the criteria that a "Light Industrial" business within the Meridian City Limits has to meet to conform to zoning rules and regulations? 3. Since we are in the City of Meridian's Impact Area and are zoned as Rural Residential, what obligations do businesses within the Meridian City Limits have to meet in order to not adversely impact our property values? Shouldn't we have`had the right to express our concerns prior to zoning and/or start up of the business? 4. Has the business located at 1580 West Overland Road filed all necessary building permits, architectural drawings or prospectus showing his intent to comply with zoning rules and regulations? Isn't this supposed to be public information? 5. Is it permissible for people to live on land zoned Light Industrial? The property in question has two fifth -wheel camper trailers on it which appear to be occupied. These trailers don't appear to be hooked up to any sanitation facility (e.g. septic tank or sewer). TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council November 4, 1992 6. What are the City of Meridian's ordinances pertaining to noise and dust abatement? The business at this location operates from sun -up to sun -down, which during the summer months means that heavy equipment, large truck traffic (flat bed trucks, cement mixers etc.) started as early as 6:00 a.m. and didn't cease until after 9:00 p.m. It also was not uncommon for operations to continue throughout the summer 6 days a week and sometimes even 7. Because the type of work being done, dust is a serious problem during the dry summer months, making it impossible to open windows or go outside. without becoming covered with dirt. 7. Was an environmental impact study done prior to the start-up of this business? The property had a live stream on it, which now seems to have been obliterated. There are also above ground gasoline and diesel storage tanks on the property. What is being done to assure protection of the surrounding area and ground water from these contaminants? 8. We were told that a registered letter had been sent to the owner of the property regarding his non-compliance to zoning, particularly as it pertained to landscaping and screening this ugly eye sore from view and that the owner's attorney had responded? What was this response? The owner of this business has made no attempt to turn this property into anything other than ugly eyesore and "junk" continues to be dumped on the property - such as two broken windmills laying on the ground, vehicles with no engines parked along Overland Road, piles of dirt *and concrete waste. Is this business going .to be forced to comply to City.zoning regulations? Z__or D. L. Joens: 1435 W. Overland Road Meridian, Id 83642 888-3707 December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council Thank you for the letter dated December 1, 1992 from City Attorney Wayne G. Crookston, Jr. responding to the questions raised in my letter dated November 4, 1992 concerning the property located at 1580 W. Overland Road, Meridian. However, the information provided in Mr. Crookston's letter reinforces the fact that Western Concrete Products is not, in compliance with a variety of ordinances as set forth by the city of Meridian. It is this non-compliance that we object to and the lack of any action on the City's part to rectify the situation. We objected to the property being annexed and rezoned Light Industrial in 1980 (to no avail) for reasons that are obvious today - a noisy, dirty industry moved onto the property that not only negatively affects the quality of life we have enjoyed for over 20 years, but adversely impacts our property values. Under the definition of "Industrial" as defined at 11-2-403 B, the raising of livestock is excluded. The Overland Road side of this property is used for the manufacture of concrete products, while the Freeway side of the property is used for horse/mule pasture. Additionally, a section of Linder Road has been fenced off and is now included in this pasture area. Is this allowable under the Industrial zoning? While we certainly realize that the City of Meridian cannot dictate business hours, under 2-413 B 1 c. PROVISIONS FOR COP-MERCIAL AND INDUSTRIAL USES - Noise: Objectionable noise which is due to volume, frequency, or beat shall be muffled or otherwise controlled. It is certainly not within acceptable limits for neighboring residents to be subjected to continuous excessive noise from hammering (metal on metal), heavy machinery, ready -mix trucks, flat bed trucks, fork lifts, loaders, etc. beginning as early as 6:00 a.m. in the summer months and continuing through until nightfall (as late as 9:30 p.m. during the summer). Is it not reasonable to expect that such noise be muffled or otherwise controlled - at least during those early morning and late evening hours? Page 1 December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council 2-413 B 1 e. PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES - Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Health Authorities: Since we were not provided with the requirements and regulations established by the Health Authorities, we can only raise an objection to the excessive dust generated by the activities of Best Western Concrete, which made it impossible to open windows or enjoy outdoor activities this past summer. Shouldn't an effort to reduce dust pollution be made by the owners of the property - i.e. paving of the work area or at the very least continuous watering? Mr. Crookston's letter indicated that although the land use is not as a contractor's yard as defined by the Ordinance, Section 11-2- 413 C. 6, relating to contractor's yards provides some guidance for criteria - which obviously has not been met by Best Western Concrete Products, as follows: 1. "It requires that the yard be located 300 feet from any residence and a screening fence." Inspection of the property in question will show you that the manufacture of concrete products is done haphazardously all over the property and this activity is not only being conducted within 300 feet of a residence, but is certainly not screened from view. What is being done to enforce this ordinance? 2. "Additionally, subsection 12 of that section relating to outdoor storage of commercial and industrial materials also provides guidance. It requires that it be screened from view from adjoining residences or residentially zoned property." Again, inspection of the property in question will show you that the concrete product being manufactured is stacked haphazardly around the property, specifically along Overland Road directly in front of our home and is NOT screened from view. Again, what is being done? Page 2 December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council 3. "Additionally, if Best Western erects a structure or building, it will be required to meet the off-street parking and loading provisions of the zoning ordinance. Some of the requirements of this ordinance require paving, landscaping, lighting and screening." Best Western Concrete Products has erected two buildings, neither of which has any paved areas, landscaping, lighting or screening. Why no compliance? Another issue would be parts of junked vehicles which are beginning to accumulate on the property - currently a pickup box has been dumped on the Linder Road right-of-way, another pickup was hauled in by flat bed and towed to the crest of the hill on the property where it remains today, two rusty windmills are laying on the ground in front of the office building next to Overland Road - none of which is screened from view. Is this property now to®designated a junkyard? Mr. Crookston's letter stated that "It is not permissible to live on industrial zoned property. If there are employees or residents actually living there the City will attempt to ascertain that and take appropriate action". Since, we know for a fact (through daily personal observation) that people were living on the property in two travel trailers located at the crest of the hill near the pump house on this property adjacent to Linder Road up until the time Mr. Crookston sent a copy of his December 1st reply to us to Best Western, what "appropriate action" has the City taken in this regard? (A light in one of the trailers was again observed early Saturday morning, December 12, 1992.) Mr. Crookston's letter also stated that there has been some contact between Mr. Jack Niemann, Best Western, Best Western's attorney and Mr. Crookston, including a demand letter from the City Council regarding the property. During this exchange, Best Western indicated they wanted to do something about screening the area but wanted to know what was going to satisfy the property owners - namely us. Page 3 December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council Obviously what would satisfy us, as property owners, is total compliance with ALL Meridian City Ordinances so that our property values and quality of life are not adversely impacted. For example: The 300 foot distance from residences and screening requirement for a contractor's yard, both for the manufacturing of the concrete products and storage of finished inventory. Reasonable noise abatement at all times, but specifically during early morning (6:00 a.m.) and evening (after 6:00 p.m.) family hours. Control of dust at all times. Paving, landscaping, screening and removal of junked vehicles, windmills or any other non-essential debris to make the property an attractive and desirable neighbor. Compliance with Industrial Ordinances pertaining to people living on the property and the raising of livestock. Compliance with ALL Meridian City Ordinances, whether addressed in this letter, previous letters, future letters, past or future phone calls, previous or future personal contact. Western Equipment Company, Arnold Machinery, the Baptist Church, Coca Cola, Intermountain Equipment and Internmountain Animal Hospital are all clean, quiet and attractive commercial endeavors. We ask only that Best Western Concrete Products meet the standards set by these companies. D. L. Johnson 1435 W. Overland Road Meridian, Idaho 83642 888-3707 Page 4 December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council Obviously what would satisfy us, as property owners, is total compliance with ALL Meridian City Ordinances so that our property values and quality of life are not adversely impacted. For example: The 300 foot distance from residences and screening requirement for a contractor's yard, both for the manufacturing of the concrete products and storage of finished inventory. Reasonable noise abatement at all times, but specifically during early morning (6:00 a.m.) and evening (after 6:00 p.m.) family hours. Control of dust at all times. Paving, landscaping, screening and removal of junked vehicles, windmills or any other non-essential debris to make the property an attractive and desirable neighbor. Compliance with Industrial Ordinances pertaining to people living on the property and the raising of livestock. Compliance with ALL Meridian City Ordinances, whether addressed in this letter, previous letters, future letters, past or future phone calls, previous or future personal contact. Western Equipment Company, Arnold Machinery, the Baptist Church, Coca Cola, Intermountain Equipment and Internmountain Animal Hospital are all clean, quiet and attractive commercial endeavors. We ask only that Best Western Concrete Products meet the standards set by these companies. 6�f D. L. Johnson 1435 W. Overland Road Meridian, Idaho 83642 888-3707 Page 4 April 11, 1994 Ms. Sherry Styles Planning Director City of Meridian 33 E. Idaho Meridian, Idaho 83642 This is in follow-up to our telephone conversation of April 11, 1994. As we discussed, I have two basic concerns: The manner in which Best Western Concrete Products Inc. (1580 W. Overland Road, Meridian, Idaho) is conducting its business in apparent disregard for regulatory requirements of various agencies. 2. The publicized intent of two of my neighbors, Mr. Dennis Andrews and Mr. Dwight Johnson, to request rezoning of their residential property to light industrial use. Their real estate advertisements give the impression this is a foregone conclusion with the Meridian Planning Department. Best Western Concrete may not have, in any material way, complied with the City of Meridian zoning ordinances for light industrial development. Currently, they have expanded their operations. without authority, to open pit mining of dirt and gravel. These new activities were never intended to be classified as a "light industry" and substantial additional review from agencies like the Mine Safety Administration and State Environmental Quality Division may be required. Messrs. Johnson and Andrews, who have continually protested the manner in which Best Western has been allowed to conduct its business, have apparently decided to concede defeat and "join the other side." One can hardly blame them for this as they have seen a substantial drop in property value and quality of life since Best Western began operations. However, their current intentions have the effect of transferring their problem to me. Please be advised that, while I may, in an appropriate circumstance, support certain types of businesses locating on those properties, I will strongly resist any attempt to generally reclassify that property to light industrial use in light of what is happening at Best Western Concrete. Ms. Sherry Styles April 11, 1994 Page 2 of 2 Finally, I have had a number of discussions concerning this matter with several of my neighbors. There is a general frustration with the inability to cause satisfactory action. I have spoken with counsel who is becoming familiar with the situation. There appear to be several courses of action, both direct and indirect, available to me and/or my neighbors. Hopefully, we will be able to resolve this quickly and to everyone's general satisfaction through the Planning Department process. I will be out of state from April i 8th through May 1 st. I will contact -you when I return to determine what has transpired. Please feel free to contact me in the interim. Ronald . Blendu 1345 W. Overland Meridian, Idaho 83642 208-344-3570 (work) 208-888-5082 (home) c: Best Western Concrete Products Inc. Mr. Dennis Andrews Mr. Dwight Johnson Mr. Dennis Johnson Mr. Kim J. Trout, Esq. (OP&H) Gt�i�sf N. �Qf3 CITY OF MERIDIAN, IDAHO Date of r19, • • a ELECTRICAL PERMIT AND APPLICATION FOR INSPECTION 7IN2 ERMIT NO. 5676 oftwperb nor Telephone Address ocahon TYPE OF ELECTRICAL INSTALLATION: Please check below, refer to Fee Schedule. a. Temporary Service f. r installations N oO N b. Residential Service -- - 5-peei ype 01 Installation Number of Rooms — — g. Water Pumps, each motor c. Residential Electric Heat h. Irrigation Machine Number of KW i. Electric Sign d. Domestic Water Pump -- I. Requested Inspection e. Mobile Home k. Reinspection I. Failure to Permit On Time er Supplier Signature Date of connection Total Fees Received $ 2 rical Contrar City Contractor Number State Contractor Number TrU. 32'�-1` e� l ress pplicant City Clerk \}t ;'. Jack H. N12i"lann I x BEST WESTERN CONCRETE PRODUCTS Compliance Issues Ordinance Criteria Compliance Requirements 2-410 B, 3. 6' Sight obscuring fence evergreen trees every 40' along Overland Road. 2-413 B, I.e. Standard Mufflers on equipment, evergreen trees every 40' along Overland Road. 2-413 B, 1.d. As business is moved to interior of property, vibration will be minimized. 2-413 B, i.f. Sub■it site plan showing location of non glare lights. 2-413 C, 12. Previously described fence and landscape will provide screening along Overland Road. Similar fence and landscape will be required to screen residential site immediately West of industrial site. 2-413 C, 6. Not a contractors yard- N/A 2-413 A, 1-9. Submit site plan showing paved off-street policy for employees 2-414 D, 2. Previously identified site screening along Overland Road and Linder Road. Should effectively screen off-street parking. Parking lot to be paved and striped. Underground sprinkling system for landscape irrigation. Follow ordinance provisions. 2-414 D, 3. Site plan to show lighting as described. 2-421 E. City will issue occupancy and zoning permits at compliance. '� f �'� �j Y ��� J DATE: IIIltI g 1 43 MERIDIAN CITY COUNCIL AGENDA ITEM IJAPPLICANT:0opic-i/cL V r-tr 4-5 -= AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - OTHER G o0 Al A ( AL pir- Cq'r-,vvn U316 bra 1575 West Overland Road Meridian, Idaho 83642 June 4, 1996 Robert Corrie Mayor of Meridian City Hall 33 East Idaho Avenue -- - -- - - Meridian,,- Idaho 83642 - - — Dear Mr. Corrie: It has been some time since we discussed Best Western Concrete Products (now owned by Underground Unlimited). The inherent problems with this business, in spite of who owns the business, are still very much apparent and very much abhorrent to us and our neighbors. Change of ownership has not changed the atmosphere (literally) nor the mode of operation. We still suffer from clouds of cement dust and dirt every day; constant noise from large cement trucks; clanging and banging from the equipment being used by this company; an ever present amount of dirt deposited on our driveway and along the side of the road; and the overabundance of weeds everywhere. The noise, clanging, banging, backup beepers on the equipment begins by 6:30 a.m. now that it is daylight then. Thank you very much. The visual aspects of their slag pile, dirt and weeds would not be tolerated elsewhere. Just what are you going to do about this? The problem has not gone away and neither have we. Our patience is gone with the City's attitude about this business and this business. The City does have ordinances (does it not?) about the type of business within city limits (we still believe the business was illegally allowed), weed control, noise, etc., in the City? That business is in the city limits of Meridian and vWI within its jurisdiction. Several other business owners in Meridian said they cannot get away with having noise, weeds, dirt or being a constant irritation to others in the vicinity. This operation is not to be treated differently just because you cannot see it when you go to lunch. Mr. Corrie, you have been well aware of this for five years now. Nothing has been enforced or changed. We have been forgotten because we are on the other side of the road, in Ada County, but we are the ones who suffer. Meridian is the recipient of our tax dollars just the same. We support the schools, library, roads just as any other citizen of Meridian, however, we have no voice, no vote, about what the City does or who is elected because we are in Ada County. But, we have been severely "impacted" by the City of Page -2- Robert Corrie Mayor of Meridian June 4, 1996 Meridian and its efforts to draw businesses. I expect and demand the City enforce its codes on this business. It is still your problem because you - the City - allowed it. Sincerely, Dennis and Ellen Andrews WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney June 7, 1996 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888.4443 Dennis and Ellen Andrews 1575 West Overland Rd. Meridian, Id 83642 Re: Best Western Concrete Dear Mr. and Mrs. Andrews, ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY I am in receipt of your letter dated 6-4-96 and can appreciate your concerns. As Meridian grows, more and more development adjoins existing properties. Reconciling the objectionable elements which accompany industrial uses with -the concerns of nearby residents can be a frustrating process. Your letter describes several problems with the Best Western Concrete business. These problems are: weeds, noise, aesthetic aspects (slag pile), and dust. City of Meridian staff met with Best Western Concrete management and discussed each of these items. Best Western concrete has offered the following measures to mitigate the problems. First, all weeds in the berm bordering Overland Road will be removed. Second, a dust control substance will be applied to the property. Third, the Lohrs are planning on moving the slag pile on the south end of the property when finances allow. Best Western also stated that equipment noise is unavoidable. Customer demands require Best Western Concrete to operate beyond normal business hours. Nevertheless, Andy Law, the new owner, will communicate to all employees the need to be sensitive to the noise level before 7:00 A.M. These efforts will go a long way toward alleviating your concerns. It should also be noted that Best Western Concrete is operating in a zoning district which allows this use. In the Memorandum and Decision Order issued in the District Court of the Fourth Judicial District of the State of Idaho on 10-7-94, District Judge D. Duff McKee writes, "The business is within the classification of light industrial, and a valid zoning certificate for the existing use has been issued. Further variances or conditional use permits for the existing use are not required. Aside from the land leveling question, there was no evidence that the business was not otherwise being conducted generally within the parameters of the zoning certificate. While I certainly understand that the residential neighbors may not like a manufacturing plant nearby, this is not sufficient to constitute it as a nuisance nor create irreparable harm." r As this passage indicates, the question of whether on not this business is an allowed use was settled in court some time ago. I am sympathetic to your concerns and I hope that the measures outlined in this letter will help to alleviate the problems. Please contact me if I can be of further assistance. Very Truly Yours, Robert D. Corrie Mayor cc: Best Western Concrete CITY EVALUATION OF BEST WESTERN CONCRETE PRODUCTS, INC. May 18, 1993 - Agenda item to review various compliance issues. June 15. 19 - City Council meeting, Department Reports - discussed specifics of compliance and 30 day period. June 16. 1993 - Compliance letter submitted to business. Various Ordinance sections cited and a 30 day action period. July6, 1993 - Appeal of certain portions of Planning Directors compliance letter. City authorizes cobble rock and removal of fence to screen Mr. Elmo Powel. No other items are appealed by the City. Business instructed to submit detailed site plan. July 27, 1993 - Planning Director receives site plan. Deficiencies are noted and plan is sent back to business for additions. August 20, 1993 - Meeting is conducted to allow property owners and business to review Planning Director comments to Site Plan. Business schedules time with draftsman to make necessary revisions. September 7 and 8, 1993 - Updated Site Plan and clarification letter is received. September 9 thru 13, 1993 - Planning Director reviews documents and prepares letter regarding Zoning Certificate and completion schedule. Sentemher 15, 1993 - Second letter to business with final schedule. September 20 and 24,1M - Conversations with business representatives discussing compliance schedule. October 4, 1993 - Conversation with Mr. Collins indication that Business has made arrangements to expedite construction of improvements ... progress being made. October 5} 1993 - Interim observation visit - work in progress. I believe I have been fair to all parties. I have allowed time for Best Western to prepare a site plan and construct improvements. Best Western is not required to construct a berm but I have insisted that a berm be constructed as requested by the neighbors. Each side has to give a little and I have tried to respect both sides. Our current Ordinance is not adequate in this specific situation ... I assure you that as soon as the Comprehensive Plan is adopted -1 will be developing ordinance revisions to address the lessons we have learned in this process. I plan to be at Best Western on October 7th and 15th as I have indicated and work with the business and neighbors to insure compliance. I will enforce the Ordinance - even if it is not perfect. �<�� �C�IKS � ✓,%/why (�Nrs . � Sd�1 lof� � Gylf GG{r�'��dF-ec3l��ws . AA vie. &mv, .4�� 4r� J - 61 �s�in,* 4-1�- At Ci�rj . J( tf AA,% ? 674�, 1 Ajt -{6 al -r 0-,e- 54:-4p reOI4 fr 9111;v _ /sse"A e �u s�� mac, HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WAYNE S. FORREY, AICP, City Clerk CITY OF MERIDIAN COUNCILMEN RONALD R. TMEN OLSMA BRUCEJANICE .STUTreasurer BRUCE D. STUART, Water Works Supt. ROBERTGIESLER WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, MERIDIAN, IDAHO 83642 ROBERT D. CORRIE Fire Chief Chairman zoning s Planning BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor Mr. Mark Lohr, Owner June 16, 1993 Mr. Sam Lohr, Owner Best Western Concrete Products, Inc. 1580 West Overland Road Meridian, Idaho 83642 RE: Compliance with Development Requirements of the City of Meridian. Dear Mark and Sam Lohr: We have all been worki of the Meridian Zonahc site improvements f'or on several meetings iw review of the applici concise list of compli Meridian will allow y, letter to submit the E construction of requr Here is a summary of Concrete Products, Inc. Development Ordinance. sections of the *dina list is provided to yc noted in our past revx hard to identify t Ind Development Oft st Western Concrete ty is ; eieas (3p) days li L, that may to address meetings. he..applicable portions inane that pertain to Loducts, Inc. Based ested parties, plus my , I have developed a note that the City of from the date of this e n©ted - or - commence e with the ddeg, not apply to 1 several:; s] of Best Western ridian Zoning and Bclude any other s project. This ific concerns as #1. Construct a six foot (6');minim!i height earth berm. Install grass sod on south side of berm from top center to the toe of the south slope. South side equals side of berm facing Overland Road. Plant evergreen trees or a mix of evergreen and decidious trees on top center of berm spaced every five feet (51) minimum. The majority of Evergreen or Decidious trees should be minimum two foot (21) size at time of planting. Install central underground irrigation system for trees and sod. Berm to be constructed along Overland Road with placement and openings in accordance with Ada County Highway District Standards. North side surface of Berm to be finished at the discretion of property owner. Recommended slope on berm is one foot (11) vertical to two feet (21) horizontal. 1530 west overland PAad Xeridiaar ID $364 (202) 027.00LS September 71 1993 VIA F'AXI 345-7650 Mr. Larry Sale, Supervisor Development services Division Ada County Highway District 319 East 37th Street Boise, iD 63714 RES Best Western Concrete products. Ing. Dear Mr. Sale: we have been advised by our attorney, William D. Collins, that you have approved the site plan submitted to you for our property at 1580 Overland Road, Meridian, Idaho, dated August 24, 1993 with one minor exception which is the deletion of the parking between the existing office and Linder Road. It is also our understanding that you have approved all of the access points on Overland and Linder Roads with a condition Attaching to the access off of Overland Read on the east boundary of the property, That condition is in they event the adjoining property owner places its point of access on its west boundary, then we would have a joint access point for our property and that adjoining owner with the total width of the access being 40 feet. This will require us to reduce the width of access on our property at that point to 20 feet. This condition is acceptable to us provided that we would be given the right to cross over the 20 feet of width of the adjoining property owner for a length far enough off of overland Road so as to permit easy access on and off of our property onto Overland Road with semi -trucks.• This may require most if not all of the entire length from overland Road back to Hardin Drain. Very truly yours,. BEST WESTERN CONCRETE PRODUCTS, INC. Markwaod ` ':�'�V'-.V' 0 HUN OFTR&"URBYALLEY . AGood Pla➢cata Li" OFFIl7AlS WAVNG CITY OF MERIDIAN JAW10EB.FO1K16Y.A16P.Ggdak JAN�CE GARB. TIMWs o.e*uA eMW . 33 EAST IDAHO EtiooRna WAYjGALIC xGT0U.JR wnrne a. cRooKSTON..Bj. Anom.x jUm zmV= OFT. WiNe WOW &OL MERIDIAN. IDAHO 83642 cmwm z h* a wanw�w KENNYWWEIW.F0CW PIKMCt M Bal GORDf K /W" Q'�N .p1rd ON OAR► SMITN. P_E, dry EM*A r FAX (M) 867-4013 Ism coo or rAYen F�18m GRANT P. KINGSFORD mayor September 13, 1993 Best; Western Concrete Products 1580 West Overland Road Meridian, Idaho 83642 Dear Mr. Mark Lohr and Mr. Sam LOW Thank you for sctbmhfft your revised arta pm dated September 7. 1993 to the City of Meridian for review. Based on the updated site Pratt Pius correspondence from your attorney, Mr. Bill Collins dated Septean W 3, 1993, the City of Meridian can now issue a Certificate of Lot* Compliance to Best WeaWn CoMete Products. This letter will serve as your Certificate of Zoning Cornplianee with the condition that site irWxovementa be too empower this certrfic#a and to an o=pm'y >. r In order to comply with the Meridian Zc*liTtg 4nd. DevelopmOk Ordinance, you must proceed to conaruct the sift impzovement; as akwwn on the site plan and m accordance with the Ada County. Aghwe Dlebtet 24VAIIIJIS. These improvements must be substantially cxrnstructeed by + ° , fgsdi 1d cvt� no later than October 15, 1993. 1 will be out in the field oa-Friday, Ocher I W so I should be able to drop by MW verify cornpll = with the she plan and City cedim oee retlukwwa and also deliver your occupancy permit. 1 can call ahead Grin schedule a time to MM you on site if you Wish. If these requirements aro not met, the. City ofMeridian wig revoke the Certificate of Zoning Compliance and not issue an Occupancy POMMii, which wilt prevent you from operating on the property until you comply with the ordimm provisions. . if you have any questions, please give me a call at 888-4433. slncerdy; City ormaidian Wayne S. Fowey, ACCP Planning Director GARRY L. GILMAN JOHN T. HAWLEY, JR. OWEN H. ORNDORFF t CHARLES F. PETERSON tt KIM J. TROUT THOMAS D. WIDMAN MARK E. WIGHT ttt t ALSO LICENSED IN ILLINOIS tt ALSO LICENSED IN WASHINGTON ttt ALSO LICENSED IN UTAH LAW OFFICES ORNDORFF PETERSON & HAWLEY 1087 W. RIVER STREET SUITE 230 BOISE. IDAHO 83702 TEL: (2081 343.8880 FAX: (208) 343-0314 September 30, 1994 Mayor Grant P. Kingsford City of Meridian 33 East Idaho Meridian, Idaho 83642 R. LEE ROBERTS OF COUNSEL (LICENSED ONLY IN CALIFORNIAI Re: City of Meridian/Blendu v. Best Western Concrete Products ATTORNEY CLIENT WORK -PRODUCT/ PRIVILEGED INFORMATION Dear Mayor Kingsford: This letter is intended to update you on the events which have occurred since the initial hearing on the request for temporary restraining order and the follow up request for a preliminary injunction precluding Best Western from further removal of materials from the site. I enclose for your review, the supplemental brief filed by Best Western as well as the reply which I drafted. In essence, Best Western argued that it had approval of the property for "use" as a concrete manufacturing site. As such, they argue that they are now "land leveling" for purposes of expanding the site and moving the actual operations away from Overland Road. Best Western then argues, that since there has been no change in "use", that there is nothing in the Meridian City Code which precludes a land owner from leveling the property at any time, as long as it is a temporary activity and does not change the "use" for which the property is properly zoned. In response, I argued that there exists in the Meridian City Code a process for obtaining a certificate of zoning compliance. As such, I argued that under 2-410, in the process undertaken by the City and Best Western, Wayne Forrey requested that Best Western submit a site plan identifying all "current plus anticipated future improvements...." Mayor Grant P. Kingsford September 30, 1994 Page Two Under the Code, "improvements" is defined to include "any alteration to the land or other physical constructions associated with building site developments." As such, the site plan submitted by Best Western and the associated letters of Mr. Collins, its counsel, constituted the "representations" of Best Western which were subject to the review by the City under 2-410, in the City's deliberations as to whether it would issue the certificate of zoning compliance. I further argued that under 2-410, the request by Mr. Forrey for a site plan was to insure that "development and construction occurs as it is represented it will occur.[A]ny violations of the representations or conditions of approval shall be violations of this ordinance..." I therefore argued that under 2-410 and 2-420, that as Best Western had never represented to the City that it would be removing 70,0000 cubic yards of material from the site, that the attempt to move it now was a "violation of the representations" and therefore a violation of the certificate of zoning compliance issued pursuant to 2-420. I further argued that since Best Western argued before the Judge at the first hearing that they were being severely hurt economically by the temporary restraining order, that the removal of the hillside was obviously part of their business activity and therefore Best Western's conduct falls squarely within the prohibition that precludes the extraction of minerals from a light industrial zone. Therefore, the "use" was not a permitted "use" within that zone. I believe that the Court was inclined to accept our argument and not that of Best Western. However, the Judge took the matter under advisement (consideration), and advised us that he would be issuing a written opinion as soon as he could get to it. I believe that the Judge will grant the preliminary injunction prohibiting Best Western from any further removal of materials from the site, "until it receives permission from the City of Meridian" under terms and conditions to be approved by the City. In short, I believe that the Judge will tell Best Western that it must return to the City and apply for an appropriate addition to its certificate in order to level this land. Obviously, this will re- open the entire application from Best Western for consideration by the City. Mayor Grant P. Kingsford September 30, 1994 Page Three I hope this information is useful as an update on the status of this matter. I again wish to thank you and the members of the City Council for your continued interest and support of this enforcement action. I believe that such enforcement actions are critical to the continued viability of zoning regulations and the approval process by the City. Should you or any members of the council have any additional questions that I can respond to I would encourage you to call me at your convenience. Sincerely, Kim J. Trout KJT/tb Enclosures cc: Ms. Sherry Stiles Mr. Jack Riddlemoser HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN City Clerk WILLIJANIC CITY OF MERIDIAN R. A RROBERTGI GASS,Treasur JANICE GASS, Treasurer SLERONALD BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE JOHN SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning KENNY BOWERS, Fire Chief Phone (208) 888-4433 JIM JOHNSON BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor November 4, 1993 Bestwestern Concrete Products, Inc. Mr. Mark & Mr. Sam Lore 1580 W Overland Rd Meridian, ID 83642 Thank you for all your recent action and site improvements at your Overland Road property. Basedon ,my site visits, plus correspondence to the City ;from you and your Attorney Mr. Bill Collins and the Ada County Highway District you have now complied with the City's requirements needed to receive a Certificate of Zoning Compliance. This letter will serve as.: your Certificate of Zoning Compliance. Wayne S. Forrey, AICP Planning Director OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILLGORDON, Police Chief GARY SMITH, P.E., City Engineer Memorandum HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor To: Mayor Kingsford and City Council From: Wayne S. Forrey, Planning Direct r Date: 15 October 1993 COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI Based on my two site visits and assurance from Best Western that I will be receiving a letter from the firm outlining the paving situation and a letter from ACHD which indicates their acceptance of site improvements ... I now believe that Best Western can receive a Zoning Compliance Certificate and a Occupancy Permit. After I receive these two letters ... I will be issuing the Zoning Certificate and request Daunt Whitman to issue the appropriate Building Occupancy permit. HUB OF TREASURE VALLEY To: Mayor Kingsford and City Council: From: Wayne S. Forrr1 S W Date: 27 Sep 93 Regarding: My letter allowed 30 site improvements. r about two weeks aka felt comfortable allowiO The comment from Mr, should be sufficient. ihr, who is the owner of l that: he needs more estern, on Friday Fiance schedule Mme to install the was tinshed in lete it's committed , talked with me In fairness to Best Western, I asked Mr. Sam Lohr to document in a letter, why he needs more time for compliance. We may be getting a letter from him this week. If we do ... I believe we should review this situation at the October 5, 1993 City Council meeting. Please let me know if you want additional information or an additional letter sent to Best Western Concrete Products. A Good Place t0 Live OFFICIALS A S. FORREY, City Clerk CITY OF MERIDIAN COUNCILMEN RROBERTGI SLERONALD R. A GASS,T easurCP, JANICE GASS, Treasurer J ICE MAX YERRINGTON BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO ROBERT D. CORRIE WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning KENNY BOWERS, Fire Chief phone (208) 888-4433 JIM JOHNSON BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator PATSY FEDRIZZI GRANT P. KINGSFORD Mayor Memorandum To: Mayor Kingsford and City Council: From: Wayne S. Forrr1 S W Date: 27 Sep 93 Regarding: My letter allowed 30 site improvements. r about two weeks aka felt comfortable allowiO The comment from Mr, should be sufficient. ihr, who is the owner of l that: he needs more estern, on Friday Fiance schedule Mme to install the was tinshed in lete it's committed , talked with me In fairness to Best Western, I asked Mr. Sam Lohr to document in a letter, why he needs more time for compliance. We may be getting a letter from him this week. If we do ... I believe we should review this situation at the October 5, 1993 City Council meeting. Please let me know if you want additional information or an additional letter sent to Best Western Concrete Products. #2. Ordinance Section 2-413 B, 1.2.& 3. - Comply with all elements of this ordinance section. #3. Ordinance Section 2-413 B.l.c. - Maintain in good operational condition, standard mufflers on all equipment. #4. ordinance Section 2-413 B,1.d. - As business operations are moved North of Overland Road, Vibration will be minimized. Continue to prepare the site for future relocation of operations away from Overland Road. #5. Ordinance Section 2-413 B.l.f. - Submit a site plan showing the location of all current plus anticipated future improvements. Show location of all outdoor lights and glare pattern. #6. ordinance Section 2-413 C.6. - The Best Western Concrete, Inc. business site is not considered a contractor's yard as described in the ordinance. This section is not applicable. V. Ordinance Section 2-413 C,12 - See item #1. Also, install a six foot (61) high sight obscuring fence along a portion of Linder Road to screen the residential property at the Northwest corner of Linder Road/ Overland Road intersection. Location of this fence to be approved by the Ada County Highway District and adjacent residential property owner. Do not store any commercial or industrial materials within 35' of South property line which is also the front yard setback area. Berm screen can be constructed within the front yard setback. The owners may apply for a variance to allow storage in front yard setback. If the requested variance is approved by the Meridian City Council, materials may be stored directly behind the berm (north side of berm) if all materials are fully screened. #8. Ordinance Section 2-414 A,B,C,D.E and F - Submit a site plan showing all current and anticipated off-street parking and loading facilities. Comply with all appropriate requirements of this ordinance section and the access development standards of the Ada County Highway District. 9. Ordinance Section Chanter 9 Nuisance - The City of Meridian Nuisance Ordinance applies to unacceptable noise impacts b adjoining residential properties or impacts to a d j o i n i n g residential properties resulting from extended work hours. The City will promptly review your site plans and continue to work with you on compliance. As soon as you comply with these ordinance sections, the City of Meridian will issue appropriate Zoning and Occupancy Permits in accordance with Ordinance Sections 2-420 and 2-421. Thank you for coordinating with the City Council, City Staff and area residents to resolve ordinance misunderstandings. Please call me at 888-4433 if you have any questions. Restfully, City of Meridian UJ4. Wayne 9. Forrey, AICP Planning Director 1540 trent overland Road Keridiaat YD $3640 (208) 887—OSIS September 71 1993 VIA FAX! 345'7650 Mr. Larry sale, supervisor Development sarviaes Division Ada -county -Highway District- 318 istrict 318 East 37th Street Boise, 10 83714 RE Best Westerne p Dear Mr. sale: we have been advised by our attorney, William D. Collins, that you have approved the site plan submitted to you for our property at 1580 Overland Road, Meridian, Idaho, dated August 24, 1993 with one minor exception which is the deletion of the parking between the exiBting office and Linder Road. It is also our understanding that you have approved all of the access points on overland and Linder Roads with a condition attaching to the access off of overland Road on the east boundary of the property. That condition is in the event the adjoining property owner places its point of access on its west boundary, then we would have a joint access point for our property and that adjoining owner with the total width of the access being 40 feet. This will require us to reduce the width of access on our property at that point to 20 feet, This condition is acceptable to us provided that we would be given the right to cross over the 20 feet of width of the adjoining property owner for a length far enough off of overland Road so as to permit easy access on and off of our property onto overland Road With c3emi-trucks.- This may require most if not all of the entire length from overland Road back to Hardin Drain. very truly yours, BEST WESTERN CONCRETE PRODUCTS, INC. Markvood''�,�'.� Y.Qsidant GENERAL INFORMATION BOND INFORMATION BOND APPLICATION — r-nUAT A COMMERCIAL RELIANCE INSURANCE COMPANY Philadelphia, Pennsylvania UNITED PACIFIC INSURANCE COMPANY Federal Way, Washington PLANET INSURANCE COMPANY Home Office—Sun Prairie, Wisconsin Administrative Offices—Philadelphia, Pennsylvania BOND NO. U2162356 AGENCY NAME BRANCH All-American Insurance Boise APPLICANTS NAME (PRINCIPAL) SOCIAL SECURITY NO. AGE City of Meridian SOCIAL SECURITY NO. Ron and Betty Blendu PRINCIPAL'S BUSINESS ADDRESS 33 East Idaho, Meridian ID 83642 PRINCIPAL'S ❑ OWN RESIDENCE ADDRESS ❑ RENT PRIOR ADDRESS (IF LESS THAN 2 YEARS) TYPE OF BOND Temporary Restraining Order TO WHOM IS BOND GIVEN (OBLIGEE) OBUGEE'S ADDRESS 1580 W Overland Meridian ID 83642 AMOU T OF ND EFFECTIVE DATE OF BOND 1994 $ Z�5,0U0 August 18, UNDERWRITING I ACCOUNT CLASSIFICATION: unit pa Corporation IMCAD ATI M g] Individuals) ❑ Proprietorship ❑ Partnership ❑ Corporation ❑ S Corporation 10 Other (Specify) OCCUPATION OR NATURE OF BUSINESS HOW LONG IN BUSINESS? LIST ALL OWNERS %OWNED RESIDENCE ADDRESS SOCIAL SECURITY NO. PLEASE MARK "YES" OR "NO" TO THE FOLLOWING QUESTIONS: ❑ Yes ❑ No Has another bonding company declined or previously written this bond? ❑ Yes ❑ No Do you or your company have any unpaid tax obligations? - NOTE' [3 Yes ❑ No Have you ever failed in business? ❑ Yes ❑ No Have you ever had a claim against a bond? Please explain all "Yes" Within the last 7 years, have you or your company. responses on a separate ❑ Yes ❑ No ❑ Yes ❑ No — had a lien filed against you? — had a judgment awarded against you? sheet and advise on the ❑ Yes ❑ No — had any bill owed by you referred to a collection agency? current status (if applicable) ❑ Yes ❑ No — filed for bankruptcy? ❑ Yes ❑ No — had a payment slowness over 90 days? ❑ Yes ❑ No Have you been in business under other names? NAME AND BRANCH OF BANK - Business NAME AND BRANCH OF BANK - Personal ADDRESS ADDRESS ACCOUNT NO.(S) ACCOUNT NO.(S) INSURANCE LIMITS: General Liability: Property Damage: Fidelity: *A financial statement must be submitted with this Application unless specifically waived by the company. If you do not have a current statement (less than six months old) available, use Reliance Form BD -1413 (Personal) or BD -1119 (Business). IMPORTANT — READ AND SIGN INUtMNI I Y p►c KIC-femCM i VN ncvr-r,O&- December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council Thank you for the letter dated December 1, 1992 from City Attorney Wayne G. Crookston, Jr. responding to the questions raised in my letter dated November 4, 1992 concerning the property located at 1580 W. Overland Road, Meridian. However, the information provided in Mr. Crookston's letter reinforces the fact that Western Concrete Products is not in compliance with a variety of ordinances as set forth by the city of Meridian. It is this non-compliance that we object to and the lack of any action on the City's part to rectify the situation. We objected to the property being annexed and rezoned Light Industrial in 1980 (to no avail) for reasons that are obvious today - a noisy, dirty industry moved onto the property that not only negatively affects the quality of life we have enjoyed for over 20 years, but adversely impacts our property values. Under the definition of "Industrial" as defined at 11-2-403 B, the raising of livestock is excluded. The Overland Road side of this property is used for the manufacture of concrete products, while the Freeway side of the property is used for horse/mule pasture. Additionally, a section of Linder Road has been fenced off and is now included in this pasture area. Is this allowable under the Industrial zoning? While we certainly realize that the City of Meridian cannot dictate business hours, under 2-413 B 1 c. PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES - Noise: Objectionable noise which is due to volume, frequency, or beat shall be muffled or otherwise controlled. It is certainly not within acceptable limits for neighboring residents to be subjected to continuous excessive noise from hammering (metal on metal), heavy machinery, ready -mix trucks, flat bed trucks, fork lifts, loaders, etc. beginning as early as 6:00 a.m. in the summer months and continuing through until nightfall (as late as 9:30 p.m. during the summer). Is it not reasonable to expect that such noise be muffled or otherwise controlled - at least during those early morning and late evening hours? Page 1 December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council 2-413 B 1 e. PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES - Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Health Authorities: Since we were not provided with the requirements and regulations established by the Health Authorities, we can only raise an objection to the excessive dust generated by the activities of Best Western Concrete, which made it impossible to open windows or enjoy outdoor activities this past summer. Shouldn't an effort to reduce dust pollution be made by the owners of the property - i.e. paving of the work area or at the very least continuous watering? Mr. Crookston's letter indicated that although the land use is not as a contractor's yard as defined by the Ordinance, Section 11-2- 413 C. 6, relating to contractor's yards provides some guidance for criteria - which obviously has not been met by Best Western Concrete Products, as follows: 1. "It requires that the yard be located 300 feet from any residence and a screening fence." Inspection of the property in question will show you that the manufacture of concrete products is done haphazardously all over the property and this activity is not only being conducted within 300 feet of a residence, but is certainly not screened from view. What is being done to enforce this ordinance? 2. "Additionally, subsection 12 of that section relating to outdoor storage of commercial and industrial materials also provides guidance. It requires that it be screened from view from adjoining residences or residentially zoned property." Again, inspection of the property in question will show you that the concrete product being manufactured is stacked haphazardly around the property, specifically along Overland Road directly in front of our home and is NOT screened from view. Again, what is being done? Page 2 December 15, 1992 TO: Mr. Grant Kingsford, Mayor Members of The Meridian City Council 3. "Additionally, if Best Western erects a structure or building, it will be required to meet the off-street parking and loading provisions of the zoning ordinance. Some of the requirements of this ordinance require paving, landscaping, lighting and screening." Best Western Concrete Products has erected two buildings, neither of which has any paved areas, landscaping, lighting or screening. Why no compliance? Another issue would be parts of junked vehicles which are beginning to accumulate on the property - currently a pickup box has been dumped on the Linder Road right-of-way, another pickup was hauled in by flat bed and towed to the crest of the hill on the property where it remains today, two rusty windmills are laying on the ground in front of the office building next to Overland Road - none of which is screened from view. Is this property now toR9cYesignated a junkyard? A Mr. Crookston's letter stated that "It is not permissible to live on industrial zoned property. If there are employees or residents actually living there the City will attempt to ascertain that and take appropriate action". Since, we know for a fact (through daily personal observation) that people were living on the property in two travel trailers located at the crest of the hill near the pump house on this property adjacent to Linder Road up until the time Mr. Crookston sent a copy of his December 1st reply to us to Best Western, what "appropriate action" has the City taken in this regard? (A light in one of the trailers was again observed early Saturday morning, December 12, 1992.) Mr. Crookston's letter also stated that there has been some contact between Mr. Jack Niemann, Best Western, Best Western's attorney and Mr. Crookston, including a demand letter from the City Council regarding the property. During this exchange, Best Western indicated they wanted to do something about screening the area but wanted to know what was going to satisfy the property owners - namely us. Page 3 W-�IJlocr rssvr Sit 'pc far 0 a i-ol 1 J t f vlo 11/03/93 09:38 '0208 345 7650 AC® Post&m brand fax transmittal memo 7571 P -fPa9-w ► .LAMES E. BRUCE, Piesidant GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary The Mayor and Council City Hall 33 W-. Idaho meridian, id 83642 Re= Hest Western Concrete ' Attxi:Wayne S. Farrey, AICD Gentlemen, Q 001/100 6fiovember 2, 1993 W ff le Z-7 3 Please be advised that I have inspected the site at Overland and Linder Roads being developed by* Best Western Concrete and have found that the construction to date meets ACED approval with the exception of paving the approach ramps from Overland Road. Since Lander Road is not paved, there is no requirement to pave the approach connecting to Linder. Given the time of year and the workload of paving aontractors, it is reasonable to expect that the developer will have difficulty in obtaining the services of a paving contractor to complete the approaches this year. ACED policy allows the bonding for improvements which cannot be completed for good reason until some time certain. This involves the written commitment of the developer, secured by a letter of credit from a lending institution or a cash deposit in the amount of the estimated cost of the improvements. plus tea percent. Since this is a.rather minor amount of construction involved in this situation, I suggest that the City and the developer enter into a written agreement which states that the developer will complete the improvements to ACFDID standards within a reasonably short time, but not to be later than May 1, 1994. This will give the developer the opportunity to obtain reasonable bids to complete the project in the spring when contractors are less busy. A rly,Sale pment Services Supervisor cc: Chron Project File BEsWEST/DEVsav ado county highway district 318 East 37th 9 Boise, Idaho 83744 • Phone (208) 345-7680 10/27/93 10:38 E% '0208 345 7650 1i AC® JAMES E. BRUCE. President GLENN J. RHODES. Vice President Q^t.ober 27, 1993 SHERRY R. HUBER. Secretary The Mayor and Council city Hall _ 33 W. Idaho Meridian, Id 83642 Re: Best Western Concrete Attn:Wayne S. Forrey, AICP Gentlemen, 40 001/U01 Please be advised that I have inspected the site at Overland and Linder Roads being developed by Best Western Concrete and have found that the construction to date meets ACRD approval with the exception of paving the approach ramps from Overland Road. Since Linder Road is not paved, there is no requirement to pave the approach connecting to Linder. Given the time of year and the workload of paving contractors, it is reasonable to expect that the developer will have difficulty in obtaining the services of a paving contractor to complete the approaches this year. ACRD policy allows the bonding for improvements which cannot be completed for good reason until some time certain. This involves the written commitment of the developer, secured by a letter of credit from a lending institution or a cash deposit in the amount of the estimated Cost of the improvements plus ton percent. Since this is a rather minor amount of construction involved in this situation, I suggest that the City and the developer enter into a written agreement which states that the developer will complete the improvements to ACRD standards within a reasonalbly short time, but not to be later than May 1, 1994. This will give the developer the opportunity to obtain reasonable bids to complete the project in the spring when contractors are less busy. Sincerely, 1 rry le Devel ent Services Supervisor cc: Chron Project File 8•// Ca/%s,1q, BLSnS'r/DEVSR9 ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 (C G VC JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary William D. Collins Westberg, McCabe & Collins P.O. Box 2836 Boise, ID 83701 Re: Right -of -Way width on Overland & Linder Roads Dear Mr. Collins: Auciust 20, 1993 Pursuant to our Phone conversation of today, the right-of-way width shown on the Ada County Highway District maps is 50 feet. This is in reference to the property located in the South- west Quarter of Section 13, Township 3 North, Range 1 West of the Boise Meridian or the Northeast corner of the intersection. Should you have any questions, Please call me at (1208) 345-7634. Sincerely. ' DA COUNT HIGHWAY DISTRICT C. M. ...ith, SR,/WA Chie Riaht-of-Wav A4ent cc: R/W Division Files, ACRD. CMS/so ada county highway district 318 East 37th - Boise, Idaho 83714 - Phone (208) 345-7680 11/03/93 09:38 �J 0208 345 7650 1i .LAMES E. BRUCE, President GLENN I RHODES, Vice President SHERRY R. HUBER, Sewetary The Mayor and Council City Hall, 33 W-. Idaho Meridian, Id 83642 AC® Post•It°' brand fax transmittal memo 7571 I n of faaee r W4 n fir- °"' . co.PFWD - aeN o F""345 -7G56 Re: Best Western Concrete ' Attn.:'Wayne S. Forrey, AICD Gentlemen, � 001/001 November 2, 1993 O Wei 1z le 07 3 Please be advised that I have inspected the site at Overland and Linder Roads being developed by- Best Western Concrete and have found, that the construction to date meets ACHD approval with the exception of paving the approach ramps from overland Road. Since Linder Road is not paved, there is no requirement to pave the approach connecting to Linder. Given the time of year and, the workload of paving contractors, it is reasonable to expect that the developer will have difficulty in obtaining the services of a paving contractot to complete the approaches this year. ACED policy allows the bonding for improvements which cannot be completed for good reason until some time certain. This involves the written commitment of the developer, secured by a letter of credit from a lending institution or a cash deposit in the anount of the estimated cost of the improvements, plus ten. percent. Since this is a.rath@x minor amount of construction involved in this situation, 1 suggest that the City and the developer enter into a written agreement which states that the developer will complete the improvements to ACHD standards within a reasonably short time, but not to be Later than May 1, 1994. This will, give the developer the opportunity to obtain reasonable bids to complete the project in the spring when contractors are less busy. Si errly, 40ar Sale Dev opment Services Supervisor cc: Chron Project File BE5WEST/DEVSRV ada county highway district 318 East 37th 9 Boise, Idaho 83714 • Phone (208) 345-7680 RECEIVED cnc"c JUN 14 1993 iCITY OF MERIDIAN JAMES E. BRUCE, President GLENN J. RHODES, Vice Resident June 8, 1993 CHARLES L. WINDER, Secretary William D. Collins Westberg, McCabe & Collins 733 N. Seventh Street P.O. Box 2836 Boise, ID 83701-2836 Re: Best Western Concrete Products, Inc. Dear Mr. Collins: Your request of May 14, 1993 regarding access to Overland Road for your client's property is approved with the following restrictions: 1. The western edge of the western approach shall not be nearer than 160 -feet to the eastern right-of-way line of Linder Road. 2. The eastern approach shall not be greater in width than 30 - feet, shall be located at the east property line and is expected to be shared with the adjoining property in the future, as that property develops. 3. No access is granted to Linder Road at this time. If you have any questions with regard to this or any other matter, please feel free to call me at 345-7680. Sincerely, ry S e, Sup rvisor HD velopment Services Division cc: Chron Wayne Forrey r'- Overland Road File Construction Services ada county highway district 318 East 37th • Boise, Idaho 83744 • Phone (208) 345-7680 1 BOISE DIVISION TRUCK EQUIPMENT CORPORATION Boise,jr,w "TT 1 8151 West Chinden Blvd. - (208) 375-360-1:' rr Meridian City Clerk December 27, 1979 Meridian, Idaho 83642 Dear Clerk, Attached please find a notarized request for annexation for Williamsen Truck Equipment Corp./Ron VanAuker, Inc., property, to be known as the "Williamsen Annexation". Legal description for property is also attached. Williamsen Truck Equipment Corp. is currently working with a builder in California who would like to construct a facility to house an electronic component manufacturing company on this property. Williamsens is also planning to construct approximately a 17,000 sq, ft. facility for install- ation and repair of farm bodies and truck equipment. Zoning required would be light -industrial, which, in our understanding, is consistant with Meridian's masterplan dated September 1978, for mixed use. It is also our understanding that the city has approved a sewer and water plan to be installed to the Southgate Addition, which wou" provide sewer and water to the Williamsen Annexation. Also attached, please find legal description and notarized annexation request for Crestwood Estates Property. Crestwood Estates Property is contiguous to the city of Meridian. Together with "Williamsen Annexation" and "Plants Addition", Crestwood Estates would bring a sizable amount of property into the city of Meridian; providing the city with a much-needed industrial tax base. Zoning for the Crestwood Estates would be as re- quested in attached statement. Also enclosed is legal description of 1-80, which passes through the,, properties to be annexed. The Williamsen Annexation also borders Linder Road on the west and Overland Road on the south. We have enclosed maps with a scale of 1" to 100' and also 1" to 300' showing the proposed annexation. Your consideration on this proposed annexation would be appreciated. We at Williamsens feel the city would benefit greatly from this annex- ation. It would provide a much-needed light -industrial area to the city and provide a good tax base to the city. It should also attract other industry and business to the city to help with the cities long-range growth. We would be proud to be a part of your city. cerely, Steve Bowman Williamsen Truck Equip. Corp. Boise Division Manager RONALD W. VAN AUKF-R, INC. PHONE (208) 454-1406 P. O. BOX 1072 CALDWELL, IDAHO 83605 December 24, 1979 City of Meridian Meridian, Idaho 83642 U Gentelmen: We wish to request that our property on Overland Road, be -considered for annexation to the City of Meridian at your earliest meetin;;. Please see the legal description attached. Thank you for your consideration in this matter. Sincerely, Ronald W. Van Auker, i Auker mjc Q,oN4�� W �u� 'Ci, TMa 24'1" or- 0646t^86a- 1474 A.Q. ,VAN 0410W Od 6 6 fo Le M!� AN* IC N O W 4 "TO M E TO R C 'THE i1R.f1�� `, ,^IkOSte N 4M E lS SIt� 16ri�$» -To H+F' 44 0V a6Q%Ai%T. N W►TN�'SS WM�sO�� S N�►Vi'a 69M -C"%#10 SCT M6J tiA^/43 AtO4 /r1G4Fo%*AJ /A.44 0/I►CIA6. SCAL To4►t d4yM DAA') Or- BeC&.�_v—!&f4l ( AIR UZ);�(g N d7Ng" LEGAL DESCRIPTION - WILLIAMSEN ANNEXATION The Southwest one quarter of the Southwest one quarter of Section 13 in Township 3 North, Range 1 West of the Boise Meridian, in Ada County, State of Idaho. EXCEPT Beginning at the Northwest corner of the Southwest Quarter of the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian; thence Easterly along the North line of said Southwest Quarter of the Southwest Quarter a distance of 1325.0 " feet, more or less, to the Northeast corner thereof; thence South- erly along the East line of said Southwest Quarter of the Southwest Quarter 208.0 feet, more or less, to a point in a line par-allel with and 100.0 feet Southerly from the center line of said inter- state 80 North, Project No. 1-80 North -1 (12) 37 Highway Survey; thence North 890 34' 12" West along said parallel line 1325.0 feet, more or -less, to a point in the West line of said Southwest Quarter of the Southwest Quarter; thence Northerly along said West line 211.0 feet, more or less, to the.PLACE OF BEGINNING. EXCEPT Ditch and Road Rights of Way. January 2, 1980 City of Meridian Planning & Zoning Commission City Hall Meridian, ID 83642 Commission Members: Request is hereby submitted for annexation of 71.09 acres to the City of Meridian, Idaho. The property is known as "The Crest Wood/ Ten Mile Creek Annexation," and is located East of Linder Road and South of Ten Mile Creek. We also request A -Residential zoning for this parcel, and warrant that we are the deeded owners of same. Drawings and a legal description are submitted along with this request. Your consideration on this matter is greatly appreciated. T. J. Johnson SecretakU Treasurer_— STATE OF IDAHO, 1 J} ss. COUNTY OF ADA, On this day of Jan l�a�r , Is g bef^re me, a Notarrnpt ublic in and for sni e, persona y apr-a' ed Royce B. Glenn and T. Johnson , known to me to be the pieF(gnt and Secretary of the corporation that eze- cu;sd tF.i, iristru. *e •of the pe;sons who executed the Inst^u- co�por�tion, and acknowledged to me r;e tin beha;f ot•4sed 6#'t sdch corpora,66n eza;suted the same. IN LYIIN�Sg Wjif,R£OF, I have hereunto set my hand and affiied'W of5ciatsealtthe day and year in this certificate fret aboyelyrj%An- Notary Public Jar the Stere of Idah.,, . ,;�.• Residing at T.ioise, Idaho. POCQT Wnnn out% Dn, -f &Q Sincerely yours,,a C� Royce B. Glenn Vice President ,A.hn i117n1 Dhnnn• onA_141_A0131 Attest: T. J. Johnson SecretakU Treasurer_— STATE OF IDAHO, 1 J} ss. COUNTY OF ADA, On this day of Jan l�a�r , Is g bef^re me, a Notarrnpt ublic in and for sni e, persona y apr-a' ed Royce B. Glenn and T. Johnson , known to me to be the pieF(gnt and Secretary of the corporation that eze- cu;sd tF.i, iristru. *e •of the pe;sons who executed the Inst^u- co�por�tion, and acknowledged to me r;e tin beha;f ot•4sed 6#'t sdch corpora,66n eza;suted the same. IN LYIIN�Sg Wjif,R£OF, I have hereunto set my hand and affiied'W of5ciatsealtthe day and year in this certificate fret aboyelyrj%An- Notary Public Jar the Stere of Idah.,, . ,;�.• Residing at T.ioise, Idaho. POCQT Wnnn out% Dn, -f &Q Sincerely yours,,a C� Royce B. Glenn Vice President ,A.hn i117n1 Dhnnn• onA_141_A0131 hn r_ 0 N CREST WOOD ESTATES PROPERTY FOR ;ANNEXATION December 18, 1979 CREST WOOD ANNEXATION TO THE CITY OF MERIDIAN A parcel of land located in part of the NW 1/4, and in the NE 1/4 SW 1/4 of Section 13, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 11,12,13, and 14, T.3N., R.1W., B.M.; thence along the west line of Section 13, S. 00°00130" E. 517.00 feet to the point of intersection with the center line of the Ten Mile Drain right-of-way, said ooint of intersection being the POINT OF BEGINNING; thence along said drain center line On a curve to the right whose central angle is 39143109", whose radius is 175.00 feet, whose length is 121.32 feet, whose tancent is 63.21 feet and whose long chord bears S. 67010136" E. 118.90 feet; thence S. 47019' E. 432.24 feet to a point; thence S. 670301E. 450.02 feet to a point; thence S. 72000' E. 850.00 feet to a point; thence S. 63000' E. 290.00 feet to a point; thence S. 61051' E. 842.77 feet to a point on the north -south center line of said Section 13; thence following said center line of Section 13 S. 00°03'17" E. 837.02 feet to the center 1/4 corner of Section 13; thence along the east -west mid-section line of Section 1. S. 89059'58" W. 1663.34 feet to a point; thence N. 00000130" W. 792.00 feet to a point; thence I S. 89059'58" W. 990.00 feet to a point on the west line of said Section 13; thence along said section line N. 00000130" W. 1348.56 feet to the POINT OF BEGINNING. Also including the NE 1/4 of the SW 1/4, Section 1311 T.3N., R.1W., B.M., excepting therefrom the north P feet of the east 200 ieet,approximately MM acres. 1 .2 7 This property contains)1W� acres, more or less. /6 � 9 e, Z., PsV�o�-GREG ORY ANNEXATION _ Zoning - EN G IN' EE R ING oning- ENGINEERING 2:500 KOOTENAI ST. BOISE. IDAHO 83705 TELEPHONE (202) 34'4-_'5z;09 ENGINEERS • SURVEYORS • PLANNERS • CONSTRUCTION MANAGERS ae�-8aseription, unless otherwise noted, an fsns the I.dahe eines CeordLaate Systaa, based as the transverse mereator /""Im for the West Zsms of ldshe. TO oa■wrt to geodetic bear1W. a e Mwetfw of @*slo "trot be emhtraeted fen all northeast sad Sit *-host op sad ant/ y aril ltlrait y Matlwet bearings. w` " A l ad lad beteg as both &Wag of the cluster line of Interstate SON. r. i-SWI(U)37 Yighrq ptrvey as Ohms on the plana thereof now • WO is the efftse of the Departmsmt of Nigbwas of the State of Idaho, and W" a ./wtioa of the Sgwk of section 13, Tew■ship 3 north, Range 1 ■Rist, Moine " rl"OKO deeoribed an 1911aae, to -wit: ft@'Ns'" at the ■orth>rest corwer of the lgkft of Section 13, Towissbip Sbrtk, range 1 Meat, DeLee N ridfaai thenen tasterly along the not" line of said S 4SWk a distance of 1329.0 feet, more or less, to the Hortn- saec cornet ci.rret.l. rnence aoucnerly along tto La.t line of sold St 206.0 feet, more or iess, to a point in a Line parallel with and 100.0 feet Southerly from the center line of @aid Interstate ON, Project No. i-1 ou-102)37 14l9h"&y Survey; theMet North By•K' 1214 Nest Gleno said last P'"1101-1 11119 1329.0 feet, ",re. Or. -lis, to 6_pc.e* In +he-We$*- aaia sfiksvv; theoce Pbrtherly afoaq said West14M 206.0 (let, wore or le", to the P!,.Ct 'J. bLl:ltlllla . diighwss Staticr. Reference: 72a?.70 ..� ??o6.98.?0. - The area above described costs+n. approximately 6.14 acres. The bearings u shown in the oboes land descriptDon, unless of Nrwise noted, am frac the Idaho Plane Coordinate System, based on the transverse �seestor Projection for the West Zone of Idaho. To convert to geodetic bearings, a correction of 0'27'00" says: be subtracted from all Nortbeast sd Sorthreet bearings and added to all Norchweat and Southeast bearings. Parcel No. 30 A parcel of land being on both sides of the centerline of Interstate SON, Project No. I -90N-1(12)37 Highway Survey as shown on the plans thereof neve on file in the office of the Department of Highways of the State of Idaho, Wild belt a portion of the SW}SEt of Section 13, Township 3 Nortb, Range 1 West, Boise Naridlan, described as follows, to -wit: Beginning arthe Northwest corner of the SkUrA of Section 13, Township 3 North, Range 1 West, Boise Nsridian; thence Southerly along the West line of said SWORt a distance of 206.0 feet, more or leas, to a point in a line Parallel with and 100.0 feet $outharly from the coatarlioa of said Interstate SON, Project No. I -80N -1t12)37 Highway Survey; thence South 89'34'12•' gest along skid parallel line 896.0 feet, sore or less, to a point oppoelto. Station 2305+94.15 of said Highway Survey; thence South 03'49'21" Bast - 419.0 feet,.more or less, to a point in the last line of said SWksgt; thsaoe Northerly along said Bast line 232.0 feet, mon or less, to the Northeast corner of said SW4SN{; thence I:esterly along the North lime of •aid SMJIt 1311.0 feet, more or less, to the PLACE OF Dli:Ilg IM. Nlghway Station Reference: 2296+98.70 to 2310+15. The area above described contains approximately 6.18 acres. Parcel No. 30-E-1 A strip of land being a portion of the SW}SBt of Section 13, Township 3 North, Range 1 West, Roi@e Meridian, adlscent and contiguous to and on the Southerly side of the above described parcel of iand (Parcel No. 30) and being 15.0 feet wide between Stations 2309+47 and 2309+62 of said Usbway Survey ad contalning appruxlmately 0.005 acres. The 1 P, it, , I . t 11,1.. 1101r.i, December 26, 1979 Mayor, and City Councilman Chairman $ Members, Planning and Zoning Commission City of Meridian 728 Meridian Meridian, Idaho 83642 Dear Sirs: We are the fee simple title holders of approximately 34 acres located South of I-80, North of West Overland Road, and situated directly West of the Mountain View Equipment Company facility. We are requesting that our property be annexed to the City of Meridian and be zoned for light industrial use. The legal description (in 3 parcels) is attached, this property to be known as the Plant Addition. Our request for annexation is consistent with the Meridian Comprehensive Plan, dated September 1978, as our property is with- in the Proposed Meridian Impact Area and has been masterplanned for "mixed use'. Subject to City annexation and the availability of sewer and water services, our property has been sold to a corporation which intends to develop the entire site for light industrial use. Development is planned to commence this spring. We have been working with the developers of the Tower Plaza (Southgate area - Meridian Road and I-80) to bring sewer and water services South of I-80. It is our understanding that the City of Meridian has approved the engineering drawings for these services which will bring sewer services to our property and water services to West Overland Road. We are confident that this annexation and the development intended by the end user will be attractive and beneficial to the City of Meridian, and we respectively request your approval. Sincerely yours, Mot'gan',Flapt ' r , Maril L. P ant X10 .n! a E • F0. Bax84 ' 46 i2 8 � f E31 Mayor, and City Councilman December 26, 1979 Page 2 STATE OF IDAHO ) ) ss. County of Ada ) On thiso-( 14k day of December, 1979, before me, the undersigned Notary Public in ando�aid State, personally appeared MORGAN PLANT and MARILYN L. PLANT, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS *EREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho v ENGINEES E ES BOISE, IDAHO 2748 McKinney 83704 Phone 376-0341 Ant, Service 342-3166 Description Jwme 93 1971 for Mongan Plant Parcel I A tract of land situated in the SE 1/4 SW 1/4 Section 13, T.3N., R.111., L.H., Ada County, Idaho and more particularly described as follows: Co1,imencing at a 5/8" iron pin marking the Soutih 1/4 corner of said S,'cLion 13, wthich is also the REAL POIIIT OF BLGINI�IING; thence 11orzh 0° 00' 00" East 433.49 feet along the North-South 1/4 sectiun line of said Section 13 to a 5/8" iron pin; thence North 87° 10' 49" tdest 577.46 feet to a J/d" iron Nin; thence South 0° 06' 51" ,,lest 456-.23 feet to a 1/2" iron }yin on the Southerly L-oundary of said Section 13, which is also tie centerline of Overland; thence South 39A 26' 27" East 577.68 feet along the said Southerly Lour-iary of Section 13 and the said centerline of Overland Road to the Peal Point of beginning, comprising 5.90 acres, more or less. REESENGINEERS BOISE, IDAHO 2748 McKinney 83704 Phone 376-0341 An& Service 342-3166 June (19 1:71 ascription for i'1or_-.an : 11 nt Parcel 2 A. tract of l:.nd situs:ted in the Si, S:+ , Section 13, T.3:., !�.1:T,, �',TI., .ja, Count,:, I(-al?o, and more u::rtici-L1 .rl-; d.cscribe,"loll_ ws : ComLmenc:i.n .15/8"zit a �8" iron Iain ri-.rl.in, the South cowncr of said Section 13; ti,ence i:orth �9° 26' 27" :'est 82.6.07 feet along Uin Smithcrly UCGill1 ,-ry Cf -aid Scct *.on 13, iilllch is � lso the Ce11-L-17 ==' L11 cI: l?1:::171P.17 i-Oi.0 T.O % " iron pin which is the iUs.'_L Y0114T C'F thence contu_nu1_ngy North u9° 26' 27" -'est 5ol-1-1 T fc,,t ::l.��n the seid �outh::rly hound:_=r;;- of Section 13 end the said CenterlLle of Ovorl..nc? .oa:d to a "iron pin; c;:�nce ilorth 0° 06'51" 1Jast 3`9.92 feet to a point on the a. royimate centerline of a c.:nal; thence South 810 09' 3511 East 2.86.31 feet -lon.- the zwro�2nate conte-rlinc of said canal to a point; ' thence South 31° OS' 211" mast 1a21_.1i3 feet . I_onn ll:hr, :..•,ro;- ;ac:te irisin- 3. corlterl_ne of sci:i canal 1 �o the r�•al point of Ue�_1in'?1;;, co:-; 3 �.cres, .:.ore or less. REESENGIEES BOISEN IDAHO 2748 McKinney 83704 Phone 376-0341 Ans. Service 342-3166 June (9, 1971 Description i or "Morgan Plant Parcel 3 A ct of L.nd situated in the SE -4 Section 13, 1.314., ,t.l :., B.I.L.V . cul County, Idaho, and more particularly described as i'ollow : Co:-ilenci.nc, at a 5/s" iron pin marldn- the South corner of said Section 13; tiiencc Horth 890 26' 27" :Nest 577.6.5 feet along tic South `rly bcun6ary of said Section 13, -3hi ch is also the centerline of Ovcrl..nd !Load, to a ,�" iron r; n, l,iiicrl is the RE Il, rUII i' OF BEGrjjJ1,I1,?G; thence continuing north o90 26' 27" lilest 2110.39 feet the said Southerly bounclar�T of Section 13 and the said centerlin^, of �i-erland Road to a" iron --in; ° thence 1?orth 31 06' 24" Hest 421.13 feet alon¢ the ai.,.)ro-:Jn:�te centerline of a canal to a point; thence 1iorth 81 ° ' " '.Jest 286.31 feet <llon the a i o-�lmate 09 35 U l ]' centerline of .;aid canal to a point; thence I'.orth 00 06' 51" East 718.03 feet to a iron . _i.n on the Southorly riS11t of .ray bounclary of Int(�rst: ,.e Z'10; thence South 890 53' 39" East 1,325.21 feet nlonC. ;.he :,niil Southerly r i�llt Of l::y bollndar';;r Of Interstz_te ill h :.f l�, t0 a i /i)'' irc ii . 1ri on the 1:orth-South'—section line of said Section 13; thence South 00 00100" East 69h.94 feet alon ; the sai(i l,o:•th-South 4 scciion line to a 5/8" iron pin; Pz: -e 2 Description f or Iior�an Plant Parcel 3 Cont. REESENGINEERS BOISE, IDAHO 2748 McKinney 83704 Phone 376-0341 Ans. Service 342-3166 June 8, 1971 thence I+orth 870 10' 49" ::est 577;16 feet to a 51L' iron lain; thence South 0° 06' 51" --est 456.23 feet to the re:il '.'Oi_nt of beginning, comprising 21�.91t acres, more or less. KIM J. TROUT ORNDORFF, PETERSON & HAWLEY 1087 W. River Street, Ste. 230 Boise, Idaho 83702 Telephone: (208) 343-8880 JACK C. RIDDLEMOSER 712 E. Fairview Avenue, Ste. 3 Post Office Box 37 Meridian, Idaho 83642 Telephone: (208) 888-1491 Attorneys for Plaintiffs IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA RON and BETTY BLENDU, husband and wife, and the CITY OF MERIDIAN, a municipal corporation, Plaintiffs, VS. BEST WESTERN CONCRETE PRODUCTS, INC., an Idaho corporation,. Defendant. STATE OF IDAHO ) ss. County of Ada ) Case No. AFFIDAVIT OF RON BLENDU IN SUPPORT OF EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER COMES NOW, Ron Blendu, one of the Plaintiffs herein, who on oath deposes and says: AFFIDAVIT OF RON BLENDU IN SUPPORT OF EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER - 1 1. Your Affiant is above the age of 18 years and has personal knowledge of the facts contained herein; 2. As evidenced by the Verified Complaint filed herein, I am an owner of real property which is in direct proximity to the property owned by the Defendant, Best Western Concrete Products. 3. During the recent 72 hour period, Best Western Concrete Products have dramatically increased the activity associated with their open -pit mining of the property located at 1580 Overland Road, City of Meridian, Idaho. 4. In the conduct of the open -pit mining by Best Western, they have dramatically increased the noise, dust, dirt, and the nuisance level of their operation which has a direct and immediate impact upon my personal residence and those of my neighbors in the adjacent area. 5. The open -pit mining conducted by Best Western is removing what was a upper hillside between Overland Road and Interstate 84, the freeway. 6. The removal of the hill between my property and the freeway will permanently, immediately and irreparably injury and damage my property and my family's enjoyment of my real property. 7. I am familiar with the terms and conditions of the conditional use permit issued by the City of Meridian for the Defendant's use of the property located at 1580 Overland Road. 8. From my observations of the Defendant's conduct, since the issuance of the permit, I believe and allege that they AFFIDAVIT OF RON BLENDU IN SUPPORT OF EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER - 2 have substantially failed to comply with the terms and conditions of the conditional use permit, and that the operation of the open - pit mining by the Defendant is in direct violation of the City of Meridian conditional use permit, and that unless restrained, both temporarily and permanently, the Defendant's conduct in the removal of the upper hillside between my property and the freeway will permanently and irreparably damage both the use of my property and the value of my property. 9. Your Affiant respectfully requests that the Court enter a temporary restraining order, ordering said Defendant to discontinue any and all activity until this matter can be properly brought before the Court for determination. DATED this day of August, 1994. /RON BIENDU SUBSCRIBED AND SWORN to before me this day of August, 1994. #OTARZI PUBLIC-f-:vr Idaho � Resid,i.ng at My/commission expires: AFFIDAVIT OF RON BLENDU IN SUPPORT OF EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER - 3 KIM J. TROUT ORNDORFF, PETERSON & HAWLEY 1087 W. River Street, Ste. 230 Boise, Idaho 83702 Telephone: (208) 343-8880 Attorney for Plaintiff IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA RON and BETTY BLENDU, husband and wife, Plaintiffs, VS. BEST WESTERN CONCRETE PRODUCTS, INC., an Idaho corporation, and the CITY OF MERIDIAN, a municipal corporation, Defendant. Case No. COMPLAINT Fee: $60.00 Fee Category: A-1 COMES NOW, Plaintiffs Ron and Betty Blendu, who as and for a cause of action against Defendants Best Western Concrete Products, Inc. and the City of Meridian, pleads and alleges as follows: WX61— s • • I. Plaintiffs, Ron and Betty Blendu (hereinafter "the Blendus") were at all times material hereto husband and wife and residing at 1345 W. Overland Road, Meridian, Idaho. COMPLAINT - 1 II. Defendant, Best Western Concrete Products, Inc., (hereinafter "Best Western") is an Idaho corporation with its principal place of business located at 1580 W. Overland Road, Meridian, Idaho. Defendant, City of Meridian, (hereinafter "Meridian") is a municipal corporation located in the county of Ada, state of Idaho. IV. The property upon which Best Western is operating its business is zoned (I -L), Light Industrial pursuant to the zoning for the property at the time of its annexation to the City of Meridian. V. Pursuant to the ordinances of the City of Meridian "industrial" is defined at Title 2, Chapter 400 as follows: The manufacture, processing and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified, but it does include activities incidental thereto. VI. Best Western's property, as zoned as Light Industrial, is defined in the Meridian Ordinances, Title 2 - Chapter 408 B12 as follows: I - L (Light Industrial) District is to provide for Light Industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to COMPLAINT - 2 encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within the enclosed structures. . . . 00 Best Western's use of its property is also subject to Title 2, Chapter 413 B of the Zoning Ordinances of the City of Meridian which contains criteria which must be met in the use of property utilized as commercial or industrial uses. VII. Best Western has been, and continues to operate its business in violation of the Compliance Requirements of the City of Meridian in the following manners, including but not limited to: 1. The extraction or severance of raw materials from the land; 2. Conducted its operations in a dirty, noisy, dusty, and generally hazardous manner; 3. Failing to restore commercial industrial materials in a manner which is screened from view of the joining residences and residentially zoned property; 4. Failing to pay the landscape light and screen operations to comply with the ordinances of the City of Meridian and the conditions required by the City of Meridian for compliance with the prescribed zoning; and 5. Utilizing the property as pasture for animals. COMPLAINT - 3 The Blendus, as residents of adjacent, property are directly and adversely impacted by the activities of Best Western which are in violation of the applicable ordinances of the City of Meridian. 0000 The Blendus hereby reallege Paragraphs I through VII and incorporate the same herein by reference as though fully set forth. IX. Best Western, by reason of its conduct and violation of the ordinances of the City of Meridian, is subject to being permanently enjoined, for reason of its unlawful conduct. X. The Blendus, as adjoining residential land owners are entitled to a permanent injunction against the operations of Best Western. X61114M• XI. The Blendus hereby reallege Paragraphs I through X and incorporate the same herein by reference as though fully set forth. XII. As a direct and approximately result of the conduct of Best Western, the Blendus have been damaged, including but not limited to the devaluation of their residential real property, all in an amount to proven at the time of trial. COMPLAINT - 4 0 COUNT THREE XIII. The Blendus hereby reallage Paragraphs I through XII and incorporate the same herein by reference as though fully set forth. XIV. The operations by Best Western have created a condition which is, in fact, a nuisance and which should not be allowed to continue. XV. The nuisance created by the operations by Best Western and its associated commercial activity is an intentional interference with the Blendus' use and enjoyment of the residential real property. XVI. Best Western intentionally and/or negligently engaged in the commercial activity and continued to engage in such activity in a manner which is unreasonable which activity constitutes substantial harm to the Blendus and their property. XVII. The Blendus are entitled to an order of the court abating the nuisance and awarding the damages necessarily incurred as a result thereof. COMPLAINT - 5 K0181 L9110 F.wosv The Blendus hereby reallege Paragraphs I through XVII of Plaintiffs' Complaint and incorporate the same herein by reference as though fully set forth. XIX. The Blendus have been required to retain the services of an attorney and retain the law firm of Orndorff Peterson & Hawley to represent it in this matter and agreed to pay said attorneys a reasonable attorney fee; the sum of $5,000.00 is a reasonable attorney fee to be awarded should this matter be uncontested and such further and additional sums as the Court deems reasonable should this matter be contested. COUNT FIVE XX. The Blendus reallege Paragraphs I through XIX of Plaintiffs' Complaint and incorporate the same herein by reference as though fully set forth. XXI. The Blendus have made demand upon the City of Meridian for the enforcement of its zoning regulations and ordinances with respect to the activities of Best Western. XXII. The City of Meridian has failed and refused to enforce the Zoning Regulations and Ordinances applicable to Best Western and COMPLAINT - 6 therefore, the Blendus have been required to undertake this enforcement action in the place of the City of Meridian. XXIII. The Blendus have been required to retain the services of an attorney to undertake this enforcement action and the City of Meridian should be required to indemnify the Blendus for the cost associated with this enforcement action. WHEREFORE, the Blendus pray for judgment against Best Western Concrete Products, Inc. and the City of Meridian, as follows: 1. For an order of the Court permanently enjoining Best Western Concrete Products, Inc. of and from any and all unlawful commercial activity; 2. For an order of the Court awarding damages to the Blendus in the amount proven at the time of trial; 3. For an order of the Court abating the nuisance created by Best Western Concrete Products, Inc.; 4. For an order of the Court awarding the Blendus their costs and attorneys fees necessarily incurred in bringing this action on their own right and in the stead of the City of Meridian; 5. For such other and relief as the deems just. DATED this day of June, 1994, KIM J. TROUT Attorney for Plaintiff Com•) vy0!VA#N � ��G 31o�9w S�Q 0a Gov KIM J. TROUT ORNDORFF, PETERSON & HAWLEY 1087 W. River Street, Ste. 230 Boise, Idaho 83702 Telephone: (208) 343-8880 Attorney for Plaintiff IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA RON and BETTY BLENDU, husband and wife, and the CITY OF MERIDIAN, a municipal corporation, Plaintiffs, VS. BEST WESTERN CONCRETE PRODUCTS, INC., an Idaho corporation, Defendant. Case No. 98077 REPLY MEMORANDUM In reply to the Defendant's Supplemental Memorandum, the Plaintiff's submit the following Reply Memorandum. I. FACTUAL BACKGROUND Contrary to the facts alleged in the Defendant's Supplemental Memorandum, the following is an accurate recount of the testimony and facts presented by the Plaintiffs in their request for a Preliminary Injunction: REPLY MEMORANDUM - 1 1. When Best Western Concrete Products, Inc. (Best Western) use of the property located at 1580 Overland Road came to the attention of the City of Meridian (City), Best Western had no Certificate of Zoning Compliance for it use of the property. 2. On June 16, 1993, Wayne Forrey (Forrey) set forth in a letter the required items of compliance for Best Western for the development of the property at 1580 Overland Road. As part of the compliance process, Best Western was requested to, and did provide, a "site plan" for the improvement of the site in question. 3. On July 6, 1993, by letter from their counsel, Best Western appealed from a portion of the required compliance items. Nothing contained in the correspondence from Best Western to the City ever describes the "land leveling" operations now sought to be precluded by the Plaintiff's request for a Preliminary Injunction. 4. On July 27, 1993, Forrey received the original site plan submitted by Best Western. (See Plaintiff's Exhibit 4) On this site plan, Forrey noted his questions and comments for the purpose of meeting with Best Western to fully assess what Best Western's proposed use of the property would be. It should be specifically noted however, that in the area in which the extraction of earthen material has been occurring, that Forrey's notation on the plan is in effect, "nothing planned for this area". 5. On August 20, 1993, Forrey met with representatives of Best Western, specifically Sam Lohr and Mark Lohr, for the REPLY MEMORANDUM - 2 purpose of reviewing the site plan as submitted and to fully understand the proposed development of the property by Best Western. At that meeting, Forrey was told that indeed, "nothing was planned" for the area in which Best Western has now been extracting minerals for sale to Mr. Mike Turner (Turner). 6. On September 7th and 8th respectively, Forrey received an updated site plan and clarification letter from Best Western. Nothing is contained in either document which evidences that Best Western proposed any "land leveling" or extraction of minerals in the area at issue. In fact, the updated site plan reaffirms the original site plan in that it represents no activity in the area in question. It should also be noted, that in the letter dated September 7, counsel for Best Western, Mr. William D. Collins, (Collins) , went to great pains to clarify the site plan so that all of the activities of Best Western would be fully explained. 7. On September 13, 1993, Forrey issued a letter which served as the Certificate of Zoning Compliance. (See Exhibit D to the Affidavit of Mark D. Lohr). In his letter, Forrey specifically relies on the revised site plan and Collins letters for the issuance of the permit. Forrey states: "Thank you for submitting your site plan dated September 7, 1993 to the City of Meridian for review. Based on the updated site to plan plus correspondence from your atrnev,-,\< Mr. Bill Collins dated September 8, 1993, the City of Meridian can now issue a Certificate REPLY MEMORANDUM - 3 of Zoning Compliance to Best Western Concrete Products. This letter will serve as your Certificate of Zoning Compliance with the condition that site improvements be completed to empower this certificate and to receive an occupancy permit. In order to comply with the Meridian Zoning and Development Ordinance, you must proceed to construct the site improvements as shown on the site plan and in accordance with the Ada County Highway District standards. These improvements must be substantially constructed by October 7. 1993 and completed no later than October 15, 1993. I will be out in the field on Friday, October 15, so I should be able to drop by and verify compliance with the site plan and City ordinance requirements and also deliver your occupancy permit...." (Emphasis Added) 8. By letter date September 28, 1993, Collins, on behalf of Best Western, objected to the time frame established by the City as it did not provide adequate work time to complete the work required by the site plan. Collins specifically described the work to be performed under the site plan as follows: " ..TheWrk required under the site plan will require my client to removed approximately 1000 cubic yards of fill material from the middle of their property and haul that earth to the frontage along Overland Road in order to construct the berms....." (Emphasis Added) (See Plaintiff's Exhibit 8). Collins letter makes no other reference to any additional work "land leveling" to be performed under the site plan as submitted, and no other reference to any other earth removal, site REPLY MEMORANDUM - 4 work, or "land leveling" with respect to Best Western's site improvements. 9. By letter dated October 18, 1993, Collins again confirms the scope or the work for the site as being that set forth on the site plan: "...As I understand from my client, Bestwestern (sic) Concrete Products Inc., that you inspected the improvements required by the city to obtain the zoning certificate and occupancy certificate, October 15, 1993 and found all the work substantially complete." (See Plaintiff's Exhibit 9). 10. By letter dated November 4, 1993, Forrey again confirms the City's reliance upon the representations of Best Western and its counsel, Mr. Collins in the issuance of the. certificate: "Thank you for all your recent action and site improvements at your Overland Road property. Based upon my site visits, plus correspondence to the City from you and your Attorney, Mr. Bill Collins and the Ada County Highway District, you have now complied with the City's requirements needed to receive a Certificate of Zoning Compliance. This letter will serve as your. Certificate of Zoning Compliance...." 11. In his testimony, Turner testified that the commercial extraction and removal of materials from the site would entail a total of approximately 70,000 cubic yards of material. Turner also acknowledged that the site could be leveled without the extraction and removal of any material. REPLY MEMORANDUM - 5 II. ANALYSIS The issues presented to the Court are: 1. Whether Best Western may change the use of its property without the consent of the City of Meridian by way of a new or revised Certificate of Zoning Compliance; 2. Whether Best Western's use of the property for mineral extraction is an allowed use in the Light Industrial zone. The Plaintiffs contend that the extraction of raw material from the site, whether it be called extractive manufacturing, or whether it be called "land leveling" is either "construction" which was not approved as part of the issuance of the original Certificate of Zoning Compliance, or is a prohibited "use" under the Meridian City Code. A. Best Western Neither Asked For Nor Did It Receive Approval for The Construction Now Sought to Be Prohibited. The standard against which this issue must be viewed, is that statutes must be interpreted in order to give effect to the legislative intent and purpose. Gumprecht v. City of Coeur d' Alene, 104 Idaho 615, 661 P.2d 1214. Here, the clear intent of the City of Meridian is through zoning, to regulate the use of land and to regulate the manner in which land within the City is developed. (See Meridian City Code §11-2-402A.) REPLY MEMORANDUM - 6 As part of those regulations, the City has specifically addressed performance standards for district uses (Meridian City Code §11-2-413. These performance standards include provisions dealing with the activity of the Defendant with respect to filling, grading, lagooning, dredging or other earth-moving activity. (See Meridian City Code §11-2-413 C(9). Here, the City of Meridian established a process by which owners of property can obtain a Certificate of Zoning Compliance for the use of property. Under Meridian City Code §11-421 D, provides that a Certificate of Zoning Compliance "issued on the basis of plans and application", ..."authorize only the use and arrangement which are set forth in such approved plans, applications or amendments thereto. Any other use, arrangement or construction contrary to that authorized shall be deemed a violation of this Ordinance. (Emphasis Added) That process has not been challenged by the Defendant. Here, the only "construction" authorized in accord with the plans submitted was that which called for the building of the berm, the parking area, and the two building sites for actual construction of buildings. More importantly, in the plans submitted by the Defendant absolutely no "construction" activity is represented in the area of the removal of 70,000 cubic yards of natural resource minerals which have been and which is proposed by the Defendant to be sold commercially to, and through, Mr. Turner. REPLY MEMORANDUM - 7 Neither the original plans submitted by the Defendant, nor the Certificate of Zoning Compliance which was issued based upon those plans, contemplated the extraction and removal of 70,000 cubic yards of material from the site. As such, the construction activity of the Defendant has not been approved as required by the City of Meridian zoning ordinance and is therefore prohibited. B. The Extraction of Natural Resource Material From the Best Western Site is Not a Permitted Use in the Light Industrial Zone. In this case, as established in the definition of Meridian City Code §11-2-403B, the term use includes the "specific purpose for which land... is designated, arranged, intended or for which it may be occupied,....". Here, the Defendant's plans as submitted to the City with the application for the Certificate of Zoning Compliance, "designated" the area of the land in question to have no use in the operation of their concrete products business, i.e. "nothing planned for this area." Conspicuously absent from both the plan and the correspondence from the Defendant's attorney to the City, is any reference as to any earth moving other than the approximately 1000 cubic yards of material needed to construct the berm. Neither did the Defendant represent to the City that they would extract natural resource materials from the property. As defined in Meridian City Code §11-2-4038, extractive manufacturing is defined as: REPLY MEMORANDUM - 8 "Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource. (Emphasis Added). The Defendant has admitted in the testimony of Sam and Mark Lohr, and that of Mr. Turner, that the extracted natural resource material (i.e. rock) from the site is being marketed and sold commercially. This testimony forms the basis of the Defendant's claim that its business and that of Mr. Turner is suffering economic damage from the imposition of the Temporary Restraining Order and would be even more damaged by the issuance of the Preliminary Injunction. Therefore, one must assume that the extractive manufacturing which the Defendant now wants to call "land leveling" is the "use" of the land which is at issue. The issue then becomes, is the "Manufacturing, extractive", or as the Defendant would call it, "land leveling", a "permitted use" within the Light Industrial zone in which the Defendant's property is located. The Defendant's property is concededly located in an (I -L) Light Industrial zone. Meridian City Code §11-2-408B (14) defines Light Industrial as follows: "The purpose of the (I -L) Light Industrial. District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean. quiet and free REPLY MEMORANDUM - 9 of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. The manufacturing and extraction of any mineral natural resource is not approved in the City of Meridian Light Industrial zones. Therefore, the conduct of the Defendant is expressly prohibited in this area. C. Best Western, Not the City of Meridian, is Estopped From Claiming a Right to Remove Natural Resource Minerals from the Site. The City is exercising its police power in the bringing of this action enforcing its zoning regulations. Gumprecht v. City of Coeur D' Alene, 104 Idaho 615, 661 P.2d 1214. The application of estoppel against a municipality in the exercise of its police power is prohibited. Kleiber v. City of Idaho Falls, 110 Idaho 501, 716 P.2d 1273. The activities of the City in enforcement of the zoning regulations are not "proprietary" in nature, hence, the authority cited by the Defendant does not apply. Here, the City cannot be estopped from the enforcement of its zoning regulations. Nor is there any requirement that any prior notice be given to the perpetrator of a violation of the regulations. The City is clearly empowered to initiate a civil action in the District Court to enforce compliance with the ordinances. (See Meridian City Code §11-2-423), without prior notice to the violator. Further, said section of the code REPLY MEMORANDUM - 10 specifically contemplates that temporary injunctive relief, restraining order or other such relief is specifically authorized. Under the facts in this case, it is the Defendant, not the City, which is estopped to claim authorization for its construction and mineral extraction. The Defendant has failed to present any credible evidence that it specifically advised the City of its intent to remove 70,000 cubic yards of material from the site. To the contrary, the plans submitted by the Defendant failed to identify any construction or mineral extraction. Nor does the correspondence of Best Western or its counsel represent that any earth moving will occur, other than the approximately 1000 cubic yards of material necessary for the construction of the berm. As such, Best Western is estopped from now asserting that it received approval for the removal of 70,000 cubic yards of material from the site. III. CONCLUSION The conduct of Best Western falls clearly into two categories. The extraction and removal of natural resource material from the site is "construction" for which approval was neither requested nor received in the original application for a Certificate of Zoning Compliance. It is also a prohibited use of the land which is not permitted in the Light Industrial zone. Plaintiffs' respectfully request that the Court enter an order preliminarily and permanently enjoining the prohibited activity of the Defendant. REPLY MEMORANDUM - 11 DATED this %34 day of September, 1994. KIM J. TROUT Attorney for Plaintiff CERTIFICATE OF MAILING I HEREBY CERTIFY on this Aday of September, 1994, a true and correct copy of the within and foregoing REPLY MEMORANDUM was mailed, postage prepaid to: Patrick J. Miller GIVENS, PURSLEY & HUNTLEY 277 N. 6th Street, Ste. 200 Post Office Box 2720 Boise, Idaho 83701 Kim J.'Trodtr- REPLY MEMORANDUM - 12 Manufacturinq, Extractive - Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource. Marquee - A permanent roofed structure attached to and supported by the building and projecting over public property. Meat Packing (Commercial) - A facility which includes the canning, curing, smoking, salting, packing and freezing of meat products, or a facility in which meat products are processed for sale to the retail trade and where the inspection of meat, meat by-products and meat food products are maintained. Minor Subdivision - Any subdivision containing not more than four (4) lots confronting on an existing or proposed street, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with .any provision or portion of the comprehensive plan, zoning map, zoning ordinance or other ordinances. (Ord. 430, 4-2-84) Mobile Home - A structure transportable in one or more sections which has attached to the structure a valid insignia which states that the mobile home is in compliance with Federal Mobile Home Construction and Safety Standards (HUD). (Ord. 557, 10-1-91) ' Mobile Home Park - A residential area which involves land under single ownership with lots rented for the location of mobile homes and provision of facilities and services to tenants by management. Mobile Home Subdivision - A subdivision designed and intended for �. exclusive mobile home residential use. Monument - Any permanent marker (either concrete, galvanized iron pipe or iron or steel rods) used to identify any tract, parcel, lot or street lines, as specified in Idaho Code 50-1303. Motel - A building, or group of buildings on the same premises �. (whether detached or in connected rows), containing sleeping or dwelling units independently accessible from the outside, or central hallway, with garage space or parking space located on �. the premises, and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists. Motor Vehicle Repair, Major - Engine rebuilding or major reconditioning of worn or damaged motor vehicles, or trailers, collision service, including body, frame or fender straightening or repair, and overall painting of vehicles within an enclosed l_ building. s h• � �y 1191 -17- Undeveloped Area - That portion of a development which is left unimproved or a parcel of land which is unimproved. .Urban Services - According to this Ordinance, urban services shall include, but not be limited to, the following where applicable: municipal central sewer and water facilities; pedestrian walkways r and bicycle paths; open space; parks; recreation lands; police and fire protection; public transit; schools; libraries; storm drainage; and urban standard streets and roads. Urban Sprawl - Scattered development which is not contiguous to the urbanized part of a municipality. Sprawl is characterized by signif- icant amounts of vacant land. intermixed with parcels of urban, develop- ment and with formless dispersal of a congested urban area with little or no regard for the interrelationships of such factors as transportation, employment, health and recreational needs. Use - The specific purposes for which land or a building is desig- nated, arranged, intended or for which it is or may be occupied, maintained, let or leased. Variance - A variance is a modification of the requirements of the Ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other Ordinance provisions. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest. Vehicle - Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway or street excepting devices moved exclusively by human power or used exclusively upon stationary rails or tracts. Vested Rights - Vested rights, if properly used, refer to rights which have been accrued to an individual as a result of a condition which has existed for a period of time. A vested right is one in i which the individual cannot be denied rights that may have existed to him. Veterinary, Animal Hospital or Clinic - A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for the - treatment, observation or recuperation. It may also include boarding k that is incidental to the primary activity. Vicinity Map - A drawing which sets forth by dimensions or other means the relationship of the proposed development to other nearby i developments, landmarks or community facilities and services within T the general area in order to better locate and orient the area in question. (Ord. 430, 4-2-84) 1191 -26- financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encour- aged in an effort to provide the appropriate mix of activi- ties necessary to establish a truly urban City center. The district shall be served by the Municipal water and Sewer systems of the City of Meridian. Development in this dis- trict must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 13. (TE) Technical District: The purpose of the (TE) District is to permit and encourage the development of a techno- logical park, including research and development centers, vocational and technical schools and compatible manufac- turing, and wholesale business establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost entirely within enclosed struc- tures; to delineate an area of adequate size to accommodate present and future compatible needs on lands which are relatively free of improvements, well suited for such use because of location, topography, access and utility service potential, and relationship to other land uses could render the district infeasible for its intended use. The District must have direct access on two (2) or more transportation arterial or collectors, designed to convey large volumes of traffic through non-residential areas to major highways and thoroughfares. It must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian for domestic requirements. The district is further designed to act as a buffer between industrial and highway uses and other less intensive business and residen- tial uses, and to provide an environmentally pleasing, safe and aesthetically pleasing employment center for the community and the region. 14. (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 193 -40.1- 3. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 2-419 D PROCEDURES FOR HEARING AND NOTICE Upon submission of a variance, the applicant and Council shall follow the hearing and notice procedures provided for in Section 2-416, Zoning Amendment Procedures, of this Ordinance. It is to be noted that variance application need not go before the Commission unless directed by the Council. 2-419 E ACTION BY COUNCIL Within forty five (45) days after the hearing, the Council shall approve, approve with conditions, table or deny the application with supportive reasons. The Council shall insure that any approval or approval with conditions shall be in accord with this Ordinance and the Meridian Comprehensive Plan. 2-419 F APPEAL OF COUNCIL ACTION (See Section 2-416, Zoning Amendment Procedures, of this Ordinance for requirements.) 2-420 CERTIFICATE OF ZONING COMPLIANCE 2-420 A CERTIFICATE OF ZONING COMPLIANCE REQUIRED No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance issued by the Administrator. Certificate of Zoning Compliance shall be issued only in conformity with the provisions of this Ordinance and shall be required before the issuance of a building permit 2-420 B EXPIRATION OF CERTIFICATE OF ZONING COMPLIANCE If the work described in any Certificate of Zoning Compliance has not begun within one year from date of issuance thereof, said certificate shall expire. It shall be revoked by the Administrator and written notice thereof shall be given to the person affected. 2-420 C RECORD OF CERTIFICATE OF ZONING COMPLIANCE 193 -86- r A The Administrative Officer shall maintain a record of all Certificates of Zoning Compliance, and copies shall be furnished upon request to any person. 2-420 D FAILURE TO OBTAIN A CERTIFICATE OF ZONING COMPLIANCE Failure to obtain a Certificate of Zoning Compliance shall be a violation of this Ordinance. 2-421 CERTIFICATE OF OCCUPANCY 2-421 A GENERAL It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a t Certificate of Occupancy shall have been issued by City Building Inspector stating that the proposed use of the building or land conforms to the requirements of this Ordinance and with all conditional provisions that may have been imposed. 2-421 B RECORD OF OCCUPANCIES The City Building Inspector shall maintain a record of occupancies. 2-421 C FAILURE TO OBTAIN A CERTIFICATE OF OCCUPANCY Failure to obtain a Certificate of Occupancy shall be a violation of this Ordinance. 2-421 D CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS PERMITS AND CERTIFICATES Certificate of Zoning Compliance or Certificate of Occupancy issued on the basis of plans and application, which are approved by the Administrator, authorize only the use and arrangement which are set forth in such approved plans, applications or amendments thereto. Any other use, arrangement or construction contrary to that authorized shall be deemed a violation of this Ordinance. (Ord. 430, 4-2-84) 2-421 E OCCUPANCY PERMIT ISSUANCE There shall be no occupancy permit issued to any property until all utilities are in place and operable, which utilities shall include, as appropriate, water, sewer, gas, electricity, pressurized irrigation and telephone; no occupancy permit shall be issued until all requirements of the City of Meridian have been met. (Ord. 524, 4-3-90) 193 -86.1- Patrick J. Miller GIVENS PURSLEY & HUNTLEY 277 North Sixth Street, Suite 200 P.O. Box 2720 Boise, Idaho 83701 (208) 342-6571 (208) 343-9492 Fax 4156\1\SUPPLE.MEM IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA RON andBETTY BLENDU, husband and wife, and the CITY OF MERIDIAN, a municipal corporation, Plaintiffs, VS. BEST WESTERN CONCRETE PRODUCTS, INC., an Idaho corporation, Defendant. Case No. 98077 SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION I. INTRODUCTION This Memorandum is submitted, as a supplementation of the Defendant Best Country Products, Inc.'s ('Best Western') Initial Brief in Opposition to the Western C trY °n and in support of its Motion to dissolve the Motion for Preliminary Injuncti temporary restraining order previously entered. As established in that initial brief, the Plaintiffs' Complaint failed to establish any claim which would entitle the Plaintiffs to injunctive relief. As a result, under IRCP Rule 65(e), Plaintiffs were not SUPPLEMENTAL MEEINON TO MOTION FOR PIMA�INJUNCTION REC EIYED Sip - 71994 Western to submit plans as to the exact nature of the land -leveling. In contrast, in regard to the buildings and use of the property (i.e., as a concrete manhole manufacturing site), the City of Meridian slid require Best Western to obtain a Certificate of Zoning Compliance. In that process, the City required Best Western to submit a site plan showing certain specific items. See June 16, 1993 letter to Mark Lohr and Sam Lohr attached to the Affidavit of Mark Lohr as Exhibit B. In that June 16, 1993 letter, Wayne Forrey, the then Planning Director for the City of Meridian, identified all of the specific requirements for obtaining a Certificate of Zoning Compliance. Nowhere did Mr. Forrey mention Meridian City Code § 11-2-420. That same letter, in paragraph IV, states: Ordinance §2-413B 1)(d) - as business operations are moved north of Overland Road, vibration will be minimized.Continue Road. prepare the site for future relocation of operations away from Ove This letter implies that Meridian knew that there would be site preparation work and not only to build the berms on the front of the property but also in context of moving the site away from Overland Road (an activity about which the neighbors had complained). Nothing in the letter states that before any land -leveling could occur a Certificate of Zoning Compliance would be required in addition to the one to which the June 16, 1993 letter was directed. The Court will recall that it is the June 16, 1993 letter that set the conditions for issuing the Certificate of Zoning Compliance. That Certificate of Zoning Compliance was ultimately issued on November 4, 1993. See Exhibit E to the Affidavit of Mark Lohr. SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 3 1 'y Patrick J. Miller GIVENS PURSLEY & HUNTLEY 277 North Sixth Street, Suite 200 P.O. Box 2720 Boise, Idaho 83701 (208) 342-6571 (208) 343-9492 Fax 4156MSUPPLE.MEM IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA RON and BETTY BLENDU, husband and wife, and the CITY OF MERIDIAN, a municipal corporation, Plaintiffs, VS. BEST WESTERN CONCRETE PRODUCTS, INC., an Idaho corporation, Defendant. Case No. 98077 SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION I. INTRODUCTION This Memorandum is submitted, as a supplementation of the Defendant Best Western Country Products, Inc.'s ('Best Western") Initial Brief in Opposition to the Motion for Preliminary Injunction and in support of its Motion to dissolve the temporary restraining order previously entered. As established in that initial brief, the Plaintiffs' Complaint failed to establish any claim which would entitle the Plaintiffs to injunctive relief. As a result, under IRCP Rule 65(e), Plaintiffs were not SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 1 RE�EIVED SEP - 71994 entitled (at least based upon claims stated in the Complaint) to a temporary restraining order or a preliminary injunction. At the August 26, 1994 hearing, the Court raised a question as to whether or not Meridian City Code §11-2-420A would be a basis upon which to afford the Plaintiffs the relief they requested. In this memorandum, Defendant Best Western shows that in fact Meridian City Code §11-2- 420A does not afford the Plaintiffs the relief they request, (i.e., an injunction prohibiting Best Western from leveling the hill on their property). This conclusion is supported by (1) a close reading of the language of §11-2-420 itself; (2) an analysis of the terms used in that ordinance based upon the definition and application of those terms elsewhere in the Meridian City Code and (3) the City of Meridian's apparent interpretation of that statute as evidenced by the City of Meridian's lack of reliance upon the ordinance. II. FACTUAL BACKGROUND At the August 26, 1994 hearing the City of Meridian presented two witnesses who are charged with enforcing the zoning ordinance -- Mr. Wayne Forrey and Ms. Sherry Stiles. Neither of these witnesses were able to identify any circumstance since September of 1992 (when the City of Meridian first became involved with Best Western's use of the property) wherein the City of Meridian ever took the position that Best Western, prior to doing any site work or leveling to facilitate their use of the property, would be required to obtain a Certificate of Zoning Compliance. In addition, the City of Meridian in fact knew that Best Western intended to do some site leveling on the property, yet at no time did the City of Meridian require Best SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 2 Western to submit plans as to the exact nature of the land -leveling. In contrast, in regard to the buildings and use of the property (i.e., as a concrete manhole manufacturing site), the City of Meridian did require Best Western to obtain a Certificate of Zoning Compliance. In that process, the City required Best Western to submit a site plan showing certain specific items. See June 16, 1993 letter to Mark Lohr and Sam Lohr attached to the Affidavit of Mark Lohr as Exhibit B. In that June 16, 1993 letter, Wayne Forrey, the then Planning Director for- the City of Meridian, identified all of the specific requirements for obtaining a Certificate of Zoning Compliance. Nowhere did Mr. Forrey mention Meridian City Code § 11-2-420. That same letter, in paragraph IV, states: Ordinance §2-413B(1)(d) - as business operations are moved north of Overland Road, vibration will be minimized. Continue to prepare the site for future relocation of operations away from Overland Road. This letter implies that Meridian knew that there would be site preparation work and not only to build the berms on the front of the property but also in context of moving the site away from Overland Road (an activity about which the neighbors had complained). Nothing in the letter states that before any land -leveling could occur a Certificate of Zoning Compliance would be required in addition to the one to which the June 16, 1993 letter was directed. The Court will recall that it is the June 16, 1993 letter that set the conditions for issuing the Certificate of Zoning Compliance. That Certificate of Zoning Compliance was ultimately issued on November 4, 1993. See Exhibit E to the Affidavit of Mark Lohr. SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 3 Further evidence that the City knew of the land -leveling activities is contained within the May 4, 1993 Meridian City Council Minutes which were marked into evidence as Defendant's Exhibit A and the pertinent portions read into the record. In those Minutes, the presentation of Mr. Forrey to the Meridian City Council was summarized. As summarized at page 18 of those Minutes (page 3 of the exhibit), Mr. Forrey stated: "And some of the phone calls I received are questioning a gravel pit operation and I have met twice with the owners of the property and they indicated that they were basically land -leveling. It is not a commercial or a gravel pit operation, but they were taking some of that high ground and pushing that back down south and also getting some of that hauled off for free. Some people wanted some of that material and they were offering it for free to get rid of it. So they could make a little building site for some future expansion. There is some of the topsoil stock piled there and some of that knoll that is between Overland Road and Interstate. That high ground that is being knocked down and pulled down to level out the building pad." On page 20 of those same minutes, Mr. Forrey's statements were summarized as follows: In talking with some of the property owners out there, we've had a windy spring, I think it would be appropriate to ask the owners to expedite the land -leveling and not let it draw out all summer long to get the dust under control. Or, if it is something they plan to do all summer long, there is an allowance, perhaps the City could restrict leveling when there is high winds and EPA uses a criteria of seven miles per hour (7 mph). So there is some case history there. I think the City should provide a letter to the owners regarding specific site development criteria, in order that I may issue a future Zoning Certificate. In his testimony at the August 26, 1994 hearing, Mr. Forrey agreed that he knew about the land -leveling activities. He did state, however, that they presently are beyond what he anticipated back then. Nevertheless, he did know about land - SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 4 leveling activities, he did know neighbors had questioned whether it was a gravel pit operation and he did know that in order to build the buildings planned as well as to move the concrete manhole manufacturing and storage facilities back further from Overland Road, land -leveling would have to occur. As noted in the quotations above, Mr. Forrey knew that land -leveling would occur and stated that the owners should be advised in a letter regarding what criteria they needed to comply with in order to obtain a future Zoning Certificate. That letter came on June 16, 1993. As of the time of the June 16, 1993 letter, Best Western had met with Mr. Forrey for purposes of determining what would be necessary in order for them to obtain a Zoning Certificate. Mr. Forrey went before the City Council and explained the issues at hand and subsequent to that meeting issued a letter establishing what Best Western would have to do to obtain that Zoning Certificate. Nowhere in that letter is it stated that in order to do any land -leveling, an additional site plan showing the nature of the land -leveling would have to be submitted. In addition, as of the time that letter was sent, it was clear that land -leveling had already occurred and neighbors had in fact questioned whether it was already operating as a gravel pit. It is also interesting to note that at no time prior to the commencement of this proceeding, along with concomitant motion for a temporary restraining order and preliminary injunction, did the City of Meridian notify Best Western that it would be required to again apply for a Certificate of Zoning Compliance as a result of the land - leveling activity. Even Ms. Sherry Stiles, the current Planning Director, testified that no demand or notice was given to Best Western informing them that an additional SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 5 Zoning Certificate was required for the land -leveling activity. She testified that when someone is not in compliance with the Zoning Ordinance, the typical manner in which the City proceeds is to first issue a demand that the person bring their activities in compliance. No such demand was made in this case for Best Western to apply for an additional Certificate of Zoning Compliance pursuant to Meridian City Code §11-2- 420A. In fact, nowhere in the files of the City of Meridian is it even stated that Best Western needed an additional Certificate of Zoning Compliance. In addition to the testimony of Wayne Forrey and Sherry Stiles, the Court heard from Mark Lohr, Sam Lohr and Mike Turner. Mike Turner's testimony helped establish the nature of the harm caused to him as a result of the entry of the temporary restraining order and preliminary injunction. This testimony also established that the current activity is not a gravel pit (which Best Western understands is not even an issue with which the Court is presently concerned). The testimony of Sam Lohr is instructive because it shows once again the City of Meridian's knowledge concerning the nature and scope of the planned land -leveling activities even before the initial Certificate of Zoning Compliance was issued. Mark Lohr's testimony is relevant for the purpose of showing that Mr. Forrey specifically authorized Best Western to begin "taking down the hill." III. DISCUSSION In this portion of the Memorandum, Best Western establishes that Meridian City Code §11-2-420A does not require the issuance of a Certificate of Zoning Compliance when one makes changes to or conducts grading upon one's land. This SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 6 I conclusion is supported not only by a technical reading of §11-2-420A but also by the City of Meridian's own actions in this case which indicate the City of Meridian never so interpreted the statute. Second, the City of Meridian's actions, and more particularly through the statements of Wayne Forrey and the actions and failures to act both on the part of Mr. Forrey and Ms. Stiles, do act as an estoppel against the City of Meridian. A. Meridian City Code §11-2-420A Does Not Require the Issuance of a Certificate of Zoning Compliance Before One "Makes Any Change to Land' Meridian City Code §11-2-420A states as follows: "No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or chanced in use without a Certificate of Zoning Compliance issued by the Administrator. Certificate of Zoning Compliance shall be issued only in conformity with the provisions of this Ordinance and shall be required before the issuance of a Building Permit." The key words in §11-2-420A with respect to land, are the words "changed in use." The statute does not say that any change to land must be preceded by the issuance of a Certificate of Zoning Compliance. Rather, the statute says that any land which is "changed in use" requires the issuance of a Certificate of Zoning Compliance. The word "use", as used in §11-2-420A refers to the purpose or reason the land is being occupied. The purpose of subject land was and is as a place to manufacture concrete manholes. This "use" has not changed. The land -leveling is not a separate use, but rather is being conducted to facilitate the approved use. SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 7 f 19 Meridian City Code §11-2-203B defines the word "use" as follows: "Use - a specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied, maintained, let or leased." That code section defines "land use" as follows: "Land use - a term used to indicate the utilization of any piece of land whether it be lot, plat, tract or acreage. Land use is an indication of the existing development within a community and becomes the basis to formulate district boundaries." The words "permitted use" are defined as follows: "Permitted use - the utilization of land which shall be permitted to take place in any district as set forth by this Ordinance." See Meridian City Code §11-2-403. (A true and correct copy of §11-2-403B is attached hereto as Exhibit A.) As these definitions indicate, the word "use" refers to the specific purpose for which the land is designated. The use of "use" in §11-2-420A, therefore, indicates that any time one is changing the purpose for which land is occupied, one must obtain a Certificate of Zoning Compliance. That section does not, however, require that any time an alteration is being made to the land, that the Certificate be obtained. Again, the purpose for which the subject land has been utilized at all material times herein has been for construction of concrete manholes. Going back to the words in §11-2-420A, the section also regulates or restricts the erection of buildings or other structures. The definitions of these terms establish that they likewise do not apply to land -leveling. "Building" is defined in §11-2-403B as follows: SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 8 "Building - any structure securely fixed to land, and which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels, or property of any kind." The word "structure" is defined in said section as follows: "Structure - anything constructed or erected in which the use requires permanent location of the ground or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile homes, walls and billboards. Fences shall be deemed a structure. Public utility power poles shall not be deemed a structure." As these definitions point out, buildings and structures are defined as anything typically erected having a permanent location on a ground. Clearly, the land -leveling does not constitute erecting, moving or altering a building and, as a result, the other provisions of § 11-2-420A do not apply. §11-2-420A does not refer to "improvements to the land." "Improvements" are defined in §11-2-403B as follows: "Improvement - any alteration to the land or other physical constructions associated with building site developments." "Building Site" is defined as follows: "Building Site - an area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings." If §11-2-420A said "no building, structure or improvement to land shall be established or changed in use without a Certificate of Zoning Compliance" then that section would say that no alteration to the land could be made without first obtaining a Certificate of Zoning Compliance. However, the section does not use the words "improvement to land." SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 9 f In summary, Best Western has not changed the use of its land since obtaining its Certificate of Zoning Compliance in November of 1993. If Best Western wanted to close their manhole business and start a sand blasting business, then a new certificate of occupancy would be required. The "change to the land" as a result of the grading is not, however, an activity which comes within the scope of §11-2-420A. That grading and leveling of land does not come within §11-2-420A is evident from the fact that no one from the City of Meridian ever attempted to prohibit Best Western from proceeding to grade its land because of its failure to obtain a Certificate of Zoning Compliance. If the City of Meridian now contends that a Certificate of Zoning Compliance was required, why did it not so inform Best Western in June of 1993 when it set forth the conditions for obtaining a Certificate of Zoning Compliance. At that time, Mr. Forrey well knew that leveling would continue to occur. (See factual statement above.) Likewise, since March of this year substantial grading and leveling has occurred on Best Western's property. At no time between March and the actual hearing on the Motion for Preliminary Injunction was Best Western ever advised, formally, informally, or even in the Complaint and Affidavits on file, that a Certificate of Zoning Compliance was required prior to beginning any land -leveling activity. This failure is evidence of the City of Meridian's true understanding of §11- 2-420A (i.e., that a Certificate of Zoning Compliance is required only when one is going to build or add to a building upon a ground, such a building is going to be structurally altered or when one is going to change the purpose for which that land is used. SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 10 Ew Such an interpretation of §11-2-420A actually makes sense in light of the purpose of zoning laws. Prior to beginning a new use, or changing a use of land, the City of Meridian certainly has an interest in assuring that the new use will in fact be a permitted use within the zone. Therefore, if one plans to change the use for which the property is used, for example, from an industrial purpose such as concrete manhole manufacturing to an agricultural use, the City of Meridian certainly has an interest in passing upon that change before it is implemented. If the new use is a "permitted use" and otherwise complies with the zoning statute, then the Certificate of Zoning Compliance will be issued. B. The City of Meridian is Subject to the Laws of Estoppel Best Western Concrete respectfully submits that the foregoing analysis is fatal to the Plaintiffs' claim that they are entitled to a temporary restraining order and injunction based upon Meridian City Code §11-2-420A. Nevertheless, it is important to note that contrary to the general perceptions expressed in open court, municipal corporations can in fact by their conduct and statements be estopped. When a municipality or an officer thereof acts outside the scope of its power or authority to act, a municipal corporation is not subject to the rules of estoppel. Where, however, the municipality or an officer thereof, acts within an area over which the person has authority or jurisdiction, a municipality may in fact be estopped. This general rule can be stated as follows: "It is generally recognized that with respect to matters within the scope of its power and authority to act, a municipal corporation is subject to the rules of estoppel in those cases wherein equity and justice require SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 11 their application and where such application will not interfere with the proper exercise of governmental functions; but where there is an entire absence of such power on its part, there can be no estoppel against the municipality or its inhabitants. Thus, municipal corporations may be, and frequently have been, held subject to the doctrine of estoppel under special circumstances and accordingly estopped by their acts and conduct, as where they are acting within their powers and in a proprietary or private capacity, or where right and justice and principals of common honesty require that the doctrine be applied to municipalities, in matters not wholly ultra vires, the same as it is to individuals, as where the party invoking the doctrine has expended large sums of money, or has parted with value or incurred a new liability in reliance upon the acts or conduct of the municipality or its officers or agents..." [20 Amjur 2d Estoppel on Waiver of §128.1 While it is true that the remedy of estoppel is applied only in the exceptional case, it is of significance in the present case because of the express approval of the land -leveling activity by Mr. Forrey. The doctrine is also applicable in the present because of the explicit knowledge that the City of Meridian had concerning the fact that Best Western intended to engage in land -leveling activities and the City of Meridian at no time took the position with Best Western that they did not have the right to do so. In fact, the City of Meridian specifically set forth the requirements for obtaining a Certificate of Zoning Compliance in its June 16, 1993 letter. Once Best Western expended substantial sums in reliance upon those standards and complied with them, the City of Meridian should be estopped to add additional conditions, such as obtaining additional approvals prior to beginning leveling of the land. The fact that the City of Meridian never advised Best Western the City of Meridian would take the position that §11-2-420A required the obtaining of a Certificate of Zoning Compliance prior to beginning the land -leveling activities is yet another example of SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 12 1 � - CERTIFICATE OF SERVICE I hereby certify that on the 4 day of September, 1994, I caused a true and correct copy of the foregoing to be served upon: Kim J. Trout ORNDORFF, PETERSON & HAWLEY 1087 W. River Street, Suite 230 Boise, Idaho 83702 L U.S. Mail [�Wax ❑ Hand Delivery ❑ Federal Express Jack C. Riddlemoser 712 E. Fairview Avenue, Suite 3 P.O. Box 37 Meridian, Idaho 83642 01-6. Mail Ckfr x ❑ Hand Delivery ❑ Federal Express by the method noted above. Patrick J Miller SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION - 14 EXHIBIT A � T f 17. To insure that buildings and land are adequately maintained to prevent physical deterioration and tax base erosion. i 18. To specify the administration of the regulations of this Ordinance by defining the powers and duties of approval authorities. (Ord. 557, 10-1-91) 2-403 A RULES For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows: 1. The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; 2. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular; 3. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement; 4. The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied"; 5. The word "lot" includes the words "plot", "parcel" and "tract"; and 6. The masculine shall include the feminine. 2-403 B DEFINITIONS Accessory Use or Structure - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. Administrator - A designated member of the City staff who is appointed by the Mayor, and confirmed by the Council, to administer this Ordinance. Aesthetic - Those qualities of a development or natural feature which contribute to a pleasant environment. Agriculture - The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture,'animal and _ ..poultry husbandry and the-necessary..accessory uses for packing, treating or storing the produce,: provided, however, that: I 1 1. The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and 2. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within one hundred feet (100') of any residential zoning district. Agriculture does not include the operation or maintenance of a commercial stockyard or feedyard where large numbers of livestock are fed concentrated feeds, particularly for the purpose of fattening for market. Alley - A public or private way with an improved driving surface of not less than sixteen feet (161) nor more than twenty feet (20') wide and with a platted width not wider than necessary to accommodate said driving surface, drainage, utilities, fencing and appurtenant facilities, affording only secondary means of access to abutting property at the back or side of a property. Amenity - Attractive, pleasant or agreeable qualities associated with the design of a development or buildings and equipment. Apartment - A room or suite of rooms in a multiple family structure which is arranged, designed or used as a single housekeeping unit and has complete and permanently installed kitchen and bathroom facilities. Apartment House - Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in said building. Appeal - A request for a rehearing or reconsideration or a request to a higher authority for a change of the decision on the application, usually because said application has been denied or approved with the conditions by the Administrator, Commission or Council. The Ordinance sets forth the procedure which must be followed in the filing of an appeal. A time element is stated, and the applicant must take action within this period. An appeal must also be filed on appropriate forms which have been adopted pursuant to this Ordinance. (Ord. 430, 4-2-84) Applicant - Any person initiating an application for subdividing or development of land for the building or modification of any improvement on land. 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. Application - Proposals which are initiated by a person to the Commission and Council for consideration. An application shall include, but not be limited to, zoning amendments, conditional � r f 0 X use permits, variances, preliminary development plans final development plans or plats, appeals, certificates compliance, certificates of occupancy and annexation. 10-1-91) or plats, of zoning (Ord. 557, Area Requirements - The designation given to the specific requirements set forth in a zone or district by the zoning ordinance text. Area requirements refer to the numerical standards established for a lot and building coverage in a particular district. Architect - A person who is qualified by reason of his knowledge of mathematics, the arts, the physical sciences and the principles of architecture acquired by professional education and experience, to engage in the practice of architecture, Idaho Code 54-301 and 67-601(x). Areawide Waste Treatment Management Plan (208 Plan - Section 208 of the Federal Water Pollution Control Act Amendments of 1972 calls for a rational program for cleaner water by 1983. The 208 Plan, known as the "1977 Ada/Canyon Areawide Waste Treatment Management Plan", requires the development of water quality solutions by state and local levels of government. Automotive Repair - The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. (Ord. 430, 4-2-84) Automobile Wrecking Yard - Premises on which two (2) or more currently non -licensed motor vehicles or two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days and are dismantled or stored. "Motor vehicles" includes also mobile homes, trailers or trucks. Fully enclosed buildings are exempt from this definition. (Ord. 557, 10-1-91) Babysitting - The act of caring for children for consideration while the parents or usual guardians are absent. If it is performed in the Childs own home or all the children are brothers and sisters of each other, this definition shall not be restricted as to the number of children. If it is performed in the babysitters home for children who are not all brothers and sisters, this definition of babysitting shall be restricted to three (3) children not any of which are related as brothers or sisters. Babysitting is further defined as being performed on a sporadic basis and not on an every weekday basis. It is not to be confused with day care or the definition of a child care facility. (Ord. 496, 9-6-88) all or partly underground but its height below the average Basement - A portion of a building having a least one-half (1/:) of level of the adjoining ground. Block - A group of lots,. tracts or parcels within well-defined boundaries, usually streets. -6- I Boarding or Lodging House A building (other than a hotel, motel or restaurant) where meals and/or lodging are provided for compensation to three (3) or more persons who are not members of the householder' s._ f amily _- - - - -- --- --__ Buffer Strip or Zone - An area established to protect one type of- land use from possible undesirable characteristics of another, as between industrial and residential zones. The more intensive •' �\ utilization of land to provide screening from that of the less intensive. Building - Any structure securely fixed to the land, and which is n designed or intended for the shelter, enclosure or protection of �i • persons, animals, chattels or property of any kind. Building, Accessory - A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or r. use. (For illustration, see 2-424 Al in the appendix of this M�Ordinance.) (Ord. 430, 4-2-84) Building, Existinq - A building erected prior to the effective date of this Ordinance or one for which a legal building permit has been issued as of the effective date of this Ordinance's initial adoption on April 2, 1984. (Ord. 557, 10-1-91) Building, Height - The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to T, the deck line of mansard roofs, and the top of building walls for gable, hip and gambrel-roofs. Building, Non-Conforming - Any building which does not conform to the requirements of this Ordinance. •- Building, Principal - A building in which is conducted the main or principal use of the lot on which said building is situated. Every dwelling in any "R" District is a principal building. (For illustration, see 2-424 Al in the appendix of this Ordinance.) Building Setback Line - An imaginary line established by this Ordinance that requires all buildings to be set back from lot lines. (For illustration, see 2-424 Al in the appendix of this Ordinance.) Building Site - An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for _ buildings. Bulk - A term used to describe the size and relationships of buildings and other structures, spaces, streets and parking and overall land area. .t ::.�.._. -.. - .._�... 1391' A covered shelter for no more than three (3) auto - Carport mobiles open on two (2) or more sides. (Ord. 430, 4-2-84) used he burial of Cemetery - Land used or intended to be urposes,tincluding cremae p icated for p rp human or animal dead and ded es if operated in connetion with tories, mausoleums anmrtofrsuch cemetery for wh chcperpetual and within the boundariesprovided. care and maintenance is p Certificate of Occupancy - A certificate which is issued by the building inspector to indicate that, after construction of the lding has building has been completed, or a use ia-an IE =- g buonstructesi been changed, the purpose for which ther_buildinq' Banc — or changed is ca a _e of being carried out`in accordance with the P terms of this Ordinance. a dslicenseucturehave been isscannot be ued. (Ord. 557, certificate of occupancy 10-1-91) - Any home, structure, or place where Child Care Facility protection, or supervision is regularly provided nonmedical care, less to children under fourteen (14) years day, wears of age, for periods hile the parents or than twenty four (24) hours p , of guardians are not on the premises. There are three (3) types child care facilities: 1, Family Child Care Home A child care facility which r fewer children throughout the provides care for five (5) o day. 2. Group Child Care Home - A child care facility which provides care for six (6) to twelve (12) children throughout the day. 3. Child Care Center - A child care facility which provides care for more than twelve (12) children throughout the day. the type of child care It should be noted that in determining facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at any one time is determinative. (Ord. 496, 9-6-88) of Meridian which has jurisdiction over the land City - The City 4301 4-2-84) under consideration is this Ordinance. (Ord. Clinic (Medical, Dental. Optical) - A building (other than hospital) used by one or more health care practitioners for the . purpose of care, diagnosis or treatment of sick, ailing, infirm, _ or injured patients, or those who are does snot proed of videc boardal , Burg attention, but which building room or regu lar hospital care and services. (Ord. 557, 10-1-91) or portion thereof on premises owned Club or Lodge_ - A building person for or operated by a non-profit organized association of p political,educational, recreational or `:�K._-_�'--sdx•:�-:. a social, literary, -8- similar purpose primarily for the exclusive use of enrolled - members and their guests, but not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried ,on as a business. Cluster Development (Residential) - Units which are concentrated �} in one area and surrounded by common open space. j -i Cluster Development (Industrial and Commercial) - Units which are �} concentrated in one area, and served by common parking roads and utilities. (Ord. 430, 4-2-84) Commercial Use or Business - The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity, or management of office buildings, offices for recreational, entertainment or amusement enterprises, �J' or the maintenance and use of offices by professions and trades } rendering services. The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity, or the dispensing of services for livelihood or profit; ownership or management of office buildings, offices for recreational, entertainment or amusement enterprises or the maintenance and use of offices by professions and trades rendering services is included in this definition. (Ord. 557, 10-1-91) Commission - The Planning and Zoning Commission which is appointed by the Mayor and confirmed by the Council. Committee or Soecial Commission - A group of citizens as by appointed by the Mayor of the City of Meridian and confirmed the Council, or appointed by Planning and Zoning to implement the policies of the Comprehensive Plan or to assist with technical evaluation of subdivisions, development or special plans and to make recommendations to the Commission and Council. (Ord. 430, 4-2-84) Community Shopping Center (Commercial) - A shopping center the - size of which generally falls between neighborhood and regional shopping centers. Generally 100,000-400,000 square feet of gross floor space on a site of 8 to 30 acres. (Ord. 456, 9-3-85) Comprehensive Plan - The Comprehensive Plan which has been officially adopted by the City of Meridian, Idaho. Conditional Use Permit - (Also known as a Special Use Permit and Special Exception.) Permit allowing an exception to the uses __... authorized by this Ordinance in a zoning district. Condominium_ -.A system of individual fee ownership of units in a multi -unit structure which .is usually combined with joint ownership of common areas of the structure and land. r, - ,,,, Continuous - Two (2) parcels of lead which, at some point, have a _ common border. :. .y` 1191 ''' �' -9- N i Convalescent or Nursing Home, Rest Home - Any home, ` Contractor Yard - Any parcel of land used for storage, which operates or maintains maintenance or processing incidental to the business of building, convalescent, twenty four hauling, excavation, demolition or similar activity and including for two any parcel of land used for the incidental repair of machinery not related used for any of the above listed activities. (Ord. 430, 4-2-84) operator, Convalescent or Nursing Home, Rest Home - Any home, place or EL institution which operates or maintains facilities providing convalescent, twenty four or (24) chronic care, or both, consecutive hours for for two a period in (2) or more excess of patients not related by blood or marriage to the operator, and said patients, who by reason of illness or infirmity, are unable to properly care for themselves. (Ord. 557, 10-1-91) Convenience Centers - A commercial development offering goods at retail and personal services to a limited area in population. (Ord. 430, 4-2-84) Convenience Store - A store offering goods, including gasoline, for sale at retail. The offering for sale of services or goods pertaining to the repair or servicing of vehicles shall not be included within this definition of convenience store. See_ definition of Service Station. (Ord. 496, 9-6-88) Court - A space which is open and unobstructed to the sky, on a lot, and bounded on three (3) or more sides by building walls or fences. (Ord. 557, 10-1-91) Council - The elected, legislative and governing body of the City of Meridian, Idaho. Covenant - A written promise or plan. Culvert - A drain that channels water under a bridge, street, road or driveway. (Ord. 430, 4-2-84) Dairy Farm - A farm whose principal function is the production of milk and milk products and which may include the processing of milk so produced. A dairy farm further refers to a dairy barn or processing facility or feeding area where animals are kept, raised or fed in a restricted area. (Ord. 557, 10-1-91) Day Care Center - (Rep. by Ord. 496, 9-6-88) Dedication - The setting apart of land or interests in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of - a plat. Dedicated land becomes public land upon the acceptance by the City. Degradation - To scale -down the 'desirability or stability of an .._ ..=area's physical environment. -- Density - A unit of measurement which specifies the number of ,.; dwelling units per acre of land. r om 1 ..�s.Y,{ •���i'; J � C t `w tom. y r ' tic �:'�-:Sr"!!�;+!xCP�w�.�cw �'..::&* -.. _•�• .?` _ �. +_. t .. �v .. -. ?C.'�.� - • r. 1. Gross Density - The number of dwelling units per acre of total land to be developed, including public right of way. 2. Net Density - The number of dwelling units per acre of land when the acreage involved excludes public and private right of way for streets and roads, Develoned Area - That portion of development which contains all structures, roads and site improvements. Common open space shall be deemed to be part of the developed area. i. Development Plan (Preliminary and Final Development Plans) - All plats, plans and/or submissions by a subdivider or developer in whole or in part describing a development and considered by the 1 Commission and Council. (Ord. 430, 4-2784) iD_ strict or Zone A portion of the City of Meridian within which certain uniform regulations and requirements or various combin- ations thereof apply under provisions of this Ordinance. The letter "R" shall represent the residential districts, with the number following the. letter "R" representing the maximum � allowable dwelling units per acre. The letter "C" shall represent ; the commercial districts. The letter "I" shall represent the industrial district. The letters "LO" shall represent the limited office district. (Ord. 557, 10-1-91) Domestic Livestock - Cattle, dairy animals, sheep, goats and other grazing animals as would be found on a normal farm livestock operation. Down -Zoning - An action by an entity authorized to adjust zoning regulations which results in the lowering of the zoning classification of a given tract, tracts or area to a lesser land use; for example, an adjustment from commercial to residential land use. Drive -In Establishment - An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services. Dry Line Sewer - Sewer lines which have been installed as per City specifications before connections to a municipal wastewater treatment facility become a reality. Dwelling Unit - Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons. Dwelling, Two -Family (Duplex) - A dwelling designed to be used by two families consisting of two (2) dwelling units which may be either attached side by side or one above the other. Dwelling, Three -Family (Triplex) - A dwelling consisting of three (3) attached dwelling units. C Dwelling, Multi -Family - A dwelling consisting of four (4) or more attached dwelling units. Easement - A permanent or temporary limited right of use of land for specific purposes. Engineer and Professional Engineer - A person who is qualified by reason of his knowledge of mathematics, the physical sciences, and the principles of engineering acquired by professional education and practical experience, to engage in the practice of professional engineering. Idaho Code, 54-1202(x). (Ord. 430, 4-2-84) Entertainment Facilities (Commercial) - Any structure housing any "for profit" activity, which is generally. related to the entertainment field, such as motion picture theaters, taverns, night clubs, cocktail lounges, bowling alleys, and similar entertainment activities. (Ord. 557, 10-1-91) Exclusive Zoning - This is a term applied to a district on the zoning map in which only one type of land use is permitted. There may be several variations of the type of land use, but only one category is allowed. Illustrative of this is where an area has been designated as an industrial district and the ordinance text then sets forth the permitted uses and requirements therefor. The text of an exclusive ordinance will indicate that only industrial development will be allowed in this zone. With the exception of conditional uses, all other uses such as residential and commercial will be prohibited. Family - A person living alone or two (2) or more persons living together as a single housekeeping unit in a dwelling unit as distinguished from a group occupying a boarding house, lodging house, motel or hotel. (Ord. 430, 4-2-84) Fence - An enclosure; especially, an enclosing barrier, as one to prevent straying from within or intrusion into. Fence, Open - A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20%). (Ord. 557, 10-1-9i) r, Floodplain - The relatively flat area or low land adjoining the channel of a river, stream, lake or=_other body of -water which has been or may be covered by water of a flood of one hundred (100) year frequency. The floodplain includes the channel, floodway and floodway fringe, as established per the engineering practices as specified by the Army Corps of Engineers. I- i i Floor Area, Net - That portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or rest rooms and laboratory or work rooms. However, that floor. space within the building reserved for parking or loading of vehicles and basement space used only for building maintenance and utilities shall be excluded. Garage, Private - An enclosed accessory building or an accessory portion of the main building designed and used for indoor parking or storage of vehicles or boats owned and operated by the occupant of the main dwelling. An unattached garage is considered to be an accessory building. Garage, Public - A building or portion thereof (except a private garage) used or designed to be used, for the storage of motor vehicles. Glare - To shine with a harsh, uncomfortably bright light. Governing Body - The Meridian City Council. Grade - The elevation of the finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure. Grade. Established - The curb line grade at the lot lines as approved by Ada County Highway District Engineer or appropriate agency. Habitat - The character of the natural environment. needed to support native plant and animal life. Hardship - An unusual situation on the part of an individual property owner which will not permit him to enjoy the full utilization of his property as is enjoyed by others in the community. A hardship can exist only when it is not self-created. Health Authority, - Central District Health Department or Idaho State Health and Welfare Department. (Ord. 430, 4-2-84) Highway - The entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular traffic, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms, and rights-of-way not intended for motorized traffic. The term "street" is interchangeable with highway. (Ord. 557, 10-1-91) Home Occupations, Urban and Rural - Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling place, and wherein the use is clearly incidental and secondary to the use of the structure for dwelling purposes. -13- ..rf:'� • :.2191 � t Hospital - An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients for twenty four (24) hours or more. The term "hospital" does not include convalescent, nursing or boarding homes, or any institution operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts or other types of cases necessitating forcible confinement of patients. Hotel - A building containing six (6) or more bedrooms where overnight lodging without individual cooking facilities is offered to the public for compensation, and is primarily for the accommodation of transient guests. A motel shall not be deemed to be a hotel. Impact Area - That area duly negotiated and adopted pursuant to Idaho Code 67-6526 by the City of Meridian and Ada County, State of Idaho, by means of a separate ordinance. That area shall be governed by the Ordinances of the City of Meridian pertaining to zoning and development. Improvement - Any alteration to the land or other physical constructions associated with building site developments. Industrial - The menu_ f__ a� e, processing and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified, but it does, include activities incidental thereto. Ingress and Egress - Entrance and exit. Institution - Building and land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services. Junk Yard - An outdoor space where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled. Junk yard also includes housewrecking and structural steel materials and equipment, but does not include such places where such uses are conducted entirely within a completely enclosed building such as pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment or for used cars in operable condition, or salvaged materials 'which are incidental to manufacturing operations. Kennel - Any lot or premises on which three (3) or more dogs and/or cats and other household domestic animals more than six (6) months of age are housed, groomed, bred, boarded, trained, sold or cared for. -14- a J 1 Land Use - A term used to indicate the utilization of any piece of land whether it be lot, plat, tract or acreage. Land use is an indication of the existing development within a community and becomes the basis to formulate district boundaries. Lot, Flag Lot - A lot in the shape of a flag on a pole or similar design. A flag lot shall have a minimum frontage of thirty feet (301) on a public street and structure placed on a flag lot shall have the house facing the street frontage. (Ord. 557, 10-1-91) Lot, Frontage - The distance across the lot along the street right-of-way line. i 1191 -15- Land Use Plan - The Meridian Comprehensive Plan. (Ord. 430, 4-2-84) Loading and Unloading Space, Off -Street - An open hard -surfaced ,. area of land (other than a street or public way) in which the principal use is for the standing, loading and unloading of motor vehicles, tractors or trailers. (Ord. 557, 10-1-91) I Lot - A_ parcel of land created b subdivision which is of -y-------------------------------- sufficient size to meet minimum zoning requirements for use, �.j coverage and area and to provide such yards and other open spaces as are herein required. A lot shall have frontage on an approved public street or an approved private street and may consist of: 1) a single lot: 2) a portion of a lot; and 3) a combination of complete lots, or of portions of lots. .� Lot Area - The area of any lot shall be determined exclusive of street, highway, alley, road or other rights-of-way. Lot, Corner - A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such �.� streets or parts of the same street forming an interior angle of i less than one hundred thirty-five degrees (135°). The point of intersection of the street lines is the "corner". Lot Coverage - The area of a zoninglot which is occupied b the P Y .�; I� principal building, buildings or accessory buildings and the horizontally projected area of the lot. The ratio is expressed as a percentage. Lot, Depth _ The mean horizontal distance between the front.and the rear lot lines. Where the lot is irregular and the -lot lines converge, the rear lot line shall be deemed to be a line at a point where the side lot lines are not less than ten (10) feet apart.(For illustration, see 2-424 Al in the appendix of this Ordinance.) Lot, Double Frontage - A lot with frontage on two (2) streets. (Ord. 430, 4-2-84) Lot, Flag Lot - A lot in the shape of a flag on a pole or similar design. A flag lot shall have a minimum frontage of thirty feet (301) on a public street and structure placed on a flag lot shall have the house facing the street frontage. (Ord. 557, 10-1-91) Lot, Frontage - The distance across the lot along the street right-of-way line. i 1191 -15- Lot, Interior - A lot with only one (1) frontage on a street. Lot Lines - Property lines bounding the lot. Lot Line, Front - The line separating the lot from the principal street on which it fronts. Lot Line, Rear, - The lot line opposite and most distant from the front lot line or conforming to lot depth. Lot Line, Side - Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is also called a side street or flanking street lot line. A side lot line separating a lot from another lot or lots is also called an interior side lot line. Lot of Record - A lot which is part of a subdivision recorded in the Office of the County Recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded. Lot, Through - A lot other than a corner lot having frontage on two (2) parallel or approximately parallel streets. On a through lot, both street lines shall be deemed front lot lines. Maior Subdivision - All subdivisions not able to qualify as a minor subdivision. (Defined below.) Manufactured Buildings - A fabricated, transportable building (other than a mobile home) designed to be incorporated at a building site into a structure to be used for residential, commercial, industrial or agricultural purposes and which has attached to the building a valid insignia which states that the manufactured building is built in accordance with the Uniform Building Code and applicable laws, rules and regulations. Buildings to be used for residential purposes shall also include in the insignia that such building is in compliance with HUD Minimum Property Standards for such construction. (Ord. 430, 4-2-84) Manufacturing, Heavy - Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution or water pollution. - Manufacturing, Light - Industrial uses which are usually controlled operations, relatively clean, quite and free of ...objectionable or hazardous elements such as smoke, noise, odor or dust; which operates and store within enclosed structures, and which generate little industrial traffic and no nuisances. (Ord. 557, 10-1-91) ^ Manufacturing, Extractive - Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource. Marquee - A permanent roofed structure attached to and supported by the building and projecting over public property. Meat Packing (Commercial) - A facility which includes the canning, curing, smoking, salting, packing and freezing of meat ' products, or a facility in which meat products are processed for sale to the retail trade and where the inspection of meat, meat by-products and meat food products are maintained. Minor Subdivision - Any subdivision containing not more than four (4) lots confronting on an existing or proposed street, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the comprehensive plan, zoning map, zoning ordinance or other ordinances. (Ord. 430, 4-2-84) Mobile Home - A structure transportable in one or more sections which has attached to the structure a valid insignia which states that the mobile home is in compliance with Federal Mobile Home ? Construction and Safety Standards (HW). (Ord. 557, 10-1-91) Mobile Home Park - A residential area which involves land under single ownership with lots rented for the location of mobile homes and provision of facilities and services to tenants by -- management. Mobile Home Subdivision - A subdivision designed and intended for - exclusive mobile home residential use. Monument - Any permanent marker (either concrete, galvanized iron ' pipe or iron or steel rods) used to identify any tract, parcel, lot or street lines, as specified in Idaho Code 50-1303. Motel - A building, or group of buildings on the same premises (whether detached or in connected rows), containing sleeping or dwelling units independently accessible from the outside, or central hallway, with garage space or parking space located on the premises, and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building e groups designated as auto courts, motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists. Motor vehicle Repair, Major - Engine rebuilding or major s:<:.. reconditioning of worn or damaged motor vehicles, or trailers, - collision service, including body, frame or fender straightening I or repair, and overall painting of vehicles within an enclosed building. Motor Vehicle Repair, Minor - Incidental repairs, replacement of parts and motor service to motor vehicles, but not including any operation under "Motor Vehicle Repair, Major". Municipal Wastewater Collection and Treatment System - Meridian City facilities for the central collection and treatment of domestic wastewater, within the Meridian Urban Service Planning Area and provides for the removal of polluting constituents from wastewater including reduction of Biological Oxygen Demand, Suspended Solids, Fecal Coliform and provides for disinfection of any discharged water. (Ord. 430, 4-2-84) Neighborhood Convenience Center (Commercial) - A shopping center having approximately 30,000 to 200,000 square feet of gross floor space and on a site of approximately .4 to 8 acres of land. It would provide for the sale of convenience goods (food, drugs and sundries) and personal neighborhood services for the day-to-day living of the immediate neighborhood within which it is located. (Ord. 456, 9-3-85) Non -Conforming Use - The use of land or a use of a structure or building which is not in conformance with the conditions or requirements of this Ordinance. Nursery or Greenhouse for Flowers and Plants (Commercial) - Land, building structure or combination thereof for the storage, cultivation and transplanting of live trees, shrubs or plants offered for sale on the premises including products used for gardening or landscaping. Open Space - An area substantially open to the sky which may be on the same lot with a building. The area may include (along with the natural environmental features) water areas, swimming pools, tennis courts and any other recreational facilities. Streets, parking areas, structures for habitation, buildings, covered structures and the like shall not be included. Open Space (Common) - Any private open space intended for use by occupants of a development. The space may include, but is not limited to, recreation areas, landscaped plazas, fountains, sitting areas, natural areas and is meant to provide an open atmosphere. Common private open space does not include parking areas, vacant or undeveloped lots, or any other space which does not contribute to the aesthetic quality of the development. _• Open Space (Public) - Land in public ownership or control which includes, but is not limited to, parks, recreation areas, water bodies, historical sites, public utility easements, scenic ,, : ,,. routes, ..-floodplain3, slide :areas, areas too steep for safe construction, wildlife refuges, natural areas, forests, fisheries :..,:.. and watersheds. (Ord. 430, 4-2-84) s ;Ills L..-18- 0 � f • f Original Parcel of Land - A lot or tract as recorded on any plat or record on file in the Office of the County Recorder or any unplatted contiguous parcel of land held in one ownership and of record at the effective date of this Ordinance, April 2, 1984. .-� (Ord. 557, 10-1-91) �. Owner - The person or entity having the ownership of record in the property. (Ord. 430, 4-2-84) _ Ownership - The individual, firm, association, syndicate, partnership or corporation who has title of property. (Ord. 557, ^ 10-1-91) Parking Area or Lot Private - An open, hard -surfaced area (other than a street or public way) designed, arranged and made available for private passenger automobiles of occupants of the building or buildings for which the parking area is developed. (Ord. 430, 4-2-84) Parking Area or Lot (Public) - An open, hard -surfaced area (other than a street or public way) to be used for the storage (for limited periods of time) of operable passenger automobiles or commercial vehicles and available to the public whether for compensation, free or as an accommodation to clients or customers. (Ord. 557, 10-1-91) Parking Space, Off -Street - For the purpose of this Ordinance, an off-street parking space shall consist of an area adequate for _ parking an automobile with dimensions conforming to the requirements of this Ordinance. Party Wall - A wall adjoining and parallel to the lot line which i is used primarily by the party upon whose lot the wall is located. Party walls may share common foundations. Performance or Design Standards - Standards which are often applied to industrial, residential and commercial districts and place limits on such things as noise, dust, glare, smoke, vibration, radioactivity and odors; any proposed use which cannot meet these standards is not to be allowed, and once a use has been permitted, it must maintain its ability to meet the standards or else have its certificate of occupancy revoked. Performance or Surety Bond A financial guarantee by a subdivider or developer deposited and filed with the City in the amount of the estimated construction cost guaranteeing the _ Y ;;•_..:.completion :. of physical.... improvements.. according to plans and �-specifications within the time prescribed by the agreement by the :-:"�. developer.: The bond involves .an amount of money or other yy• negotiable -security which is paid by the "subdivider or developer to- the City Clerk and Recorder. The bond also guarantees that the subdivider or developer will perform all actions required by the i1i governing body regarding an approved plat or plan, and provides that if the subdivider or developer defaults and fails to comply with the provisions of an approved plat or plan, the subdivider, developer or his surety will pay damages up to' the limit of the bond, or the surety will itself complete the requirements of the approved plat or plan. Permitted Use - The utilization of land which shall be permitted to take place in any district as set forth by this ordinance. Planned Development (PD) - An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, commercial or a mixture of compatible uses. -'A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts of this Ordinance. Planned Commercial Development (PD -C) - Any development in which the principal use of land is for commercial purposes. Planned General Development (PD -G) - A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. Planned Industrial Development (PD -I) - Any developments in which the principal use of the land area is for industrial purposes or accessory uses customarily relating to industrial uses with the balance of such areas, if any, being intended for commercial uses as reasonably relates to the support or convenience of the intended industrial uses or their occupants. Planned Residential Development (PD -al - Any development which is predominantly residential including those accessory purposes customarily relating to residential uses with the balance of such area, if any, being intended for such uses as reasonably relate to the support or convenience of the residential uses of other occupants. Poult�Slaughterhouse and/or Poultry Packing Poultry Packing Plant (Commercial) -.All establishments maintained for.the slaughtering of poultry or ..preparing . or processing -of .poultry products for human _ consumption -in any farm and.wherein said -products are so prepared far sale to the retail outlets. -(Ord. 430, 4-2-84). r a , 1191 "=-2 0 — t Professional Offices - Structures where those engaged in a profession conduct their business and activity. (Ord. 557, - 10-1-91) Public Notices - The notice given by the City of Meridian or the applicant, which is required, which provides notice to the public and area residents around the area being considered that an application has been filed and that the City will be holding a hearing at a time certain and date certain and whereby the public and property owners will have an opportunity to submit their views and ideas and evidence as to the proposed development or zoning. Public Service Facility - Buildings, power plants or substations, water storage tanks or reservoirs, public garages or storage A' areas, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service i structures owned and/or operated by a public utility, railroad (whether publicly or privately owned), or a municipal or other governmental agency. Public Uses - Public parks, schools, administrative and cultural buildings, and 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 buildings. Public Utility - Any person, entity or municipal department that is duly authorized to furnish to the public under regulation h gut such as, but not limited to, electricity, gas, steam, telephone, transportation or water. Quasi -Public Use - Churches, Sunday schools, parochial schools, hospitals, convalescent or retirement homes, colleges and other facilities of an educational, religious, charitable, philan- thropic or non-profit nature. (Ord. 430, 4-2-84) Regional Shopping Center (Commercial) - The largest of shopping centers which is all-inclusive and self-sufficient with at least two (2) large department stores as the major tenants and generally serves a population of approximately 150,000 or more. It is a center having over 750,000 square feet of gross floor space and be located on a site greater than seventy five (75) acres. (Ord. 456, 9-3-85) Repair - The reconstruction, renewal or maintenance of real or personal property. Research Activities - Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, planning and engineering. I1191 -20.1- , Reserve Strip - A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening. I r Restaurant - Any land, building or part thereof (other than a boarding house) where meals are provided for compensation. Right -of -Way - A strip of land dedicated or reserved for use as a c public way which normally includes streets, sidewalks and other public utilities or service areas. In addition to the roadway, it incorporates the curbs, special features required by the topography or treatment such as grade separation, landscaped areas, viaducts and bridges. I Roadside Stand - A temporary or mobile. structure designed or used for the display or sale of products or services. Sanitarium - A health station or retreat or any place where resident patients are kept and which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured persons and general medical practice as distinguished from treatment of mental and nervous disorders (not excluding surgical and post-surgical treatment of mental patients) and as licensed by the Idaho State Department of Health as sanitariums. School _(Kindergarten, Elementary, Intermediate or High) - An institution of learning (either public or privately supported) which offers instruction in the several branches of learning and study required to be taught in the public schools by the State of Idaho: High school _includes }unio-r-an6-3enior._high. Screening - (See buffer, strip or zone.) (Ord. 430, 4-2-84) 1 - -- -- - Seat - The place at, or the thing on, which one sits. For Purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated or each eighteen (18) lineal inches of benches, pews or space for loose chairs. (Ord. 557, 10-1-91) Sezvioe Station - Buildings and pxenLses where gasoline, oil, grease, batteries, tires and motor vehicle accessories may bs supplied and 0 (Next page is 21) t dispensed at retail and where minor motor repair and services may be rendered. Uses permissible at a service station do not include major body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes or smoke. Setback Line - A line established by this Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building may be located above ground except as may be provided in said code. (See 2-424 A1.) Sidewalk - That portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic. Sin - A sign is any structure or natural object, such as a tree, rock, bush, the ground itself or part thereof, or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place; activity, person, institution, organization or business or which shall display or include any letter, word, model, banner, flag, pennant, insignia device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit or any political, educational, charitable, philanthropic, civic, profession- al, religious or like campaign, drive, movement or event_ Sign, On -Premises - Any sign related to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. Sign, Off -Premises - Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. Site Planning - The location of buildings and activities within a physical environment. A site plan includes shapes and location of buildings and structure, circulation and parking layouts, landscaping features and numerous other design factors that relate to the improve- ment of a parcel of land. Slaughterhouse and Heat Packing (Commercial) - A facility which includes a slaughtering, meat canning, curing, smoking, salting, packing, rendering or freezing of meat products or a facility in which meat products are so processed for sale to the public and where the inspection of meat, meat by-products and meat food pro- ducts are maintained. Stable, Private - A detached accessory structure for the keeping of one (1) or more horses, mules or cows owned and used by occupant of the.premises and not for remuneration, hire or sale. -21- y. 4' 1. Stable, Riding - A structure used or designed for the boarding or care of riding horses. Standard Specifications - The specifications as specified in this Ordinance and as officially adopted by the City. State - The State of Idaho. Stockyard or Feed Lot (Commercial) - An enclosure where fowls or animals are kept in a restricted area and where less than ten percent (10%) of the feed for such poultry or livestock is produced by the owner on his immediate, owned farm or leased property. Story - That portion of a building included between the upper surface cf any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level (directly above a basement, cellar or unused under -floor space) is more than six (6) feet above grade (as defined herein) for more than fifty percent' (50%) of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement, cellar or unused under -floor space shall be considered as a story. Street - A right-of-way which provides vehicular and pedestrian access to adjacent properties. The term "street" also includes the terms highway, thoroughfare, parkway, road, route, avenue, boulevard, lane, place and other such terms., Street, Urban System - *1 Principal Arterials - Should carry the major portion of trips entering and leaving the urban area as well as the majority of the through -trips desiring to bypass the central city. In addition, significant inter -area travel (such as between central business districts and outlying residential areas, between major inner city communities, or between major suburban centers) should be served by this class of facilities. *2 Minor Arterials - That which interconnects with, and augments, the urban principal arterial system and which provides service to trips of moderate length at a somewhat lower level of travel mobility than major arterials. Minor arterials place more emphasis on land access than the higher, principal arterial system. *3 Collector Streets - That which provides both land access, service and traffic circulation within residential neighborhoods, commercial and industrial areas. Collectors also collect traffic from local streets in residential neighborhoods and channel it into the arterial system. -22- C 4" % r - I" r 11 Local Streets - That which comprises all facilities of on nthe 4 higher systems. Local streets serve primarily other of the high land and access to the higher provide direct access to abutting which order system- Examples of local streets are alle s of a property provide secondary access at the back or side a minor streetwith otherwise abutting a street); loopstreets Dints on the same street or origin); cul sac both terminal p end only and ace at its terminus; partial street (a street connected to d sp er street at one (1 of the provided with a turn w roviding only a portion (a dedicated right-of-way P the edge of a subdivision required street width, usually along providing and private street (a parcel of land or tract of land): adjacent properties from a vehicular and pedestrian access to hich is recorded in the publicly dedicated right-of-way and Ada County Recorder's Office as a perpetual easement to the of the ownership property owners taking access therefrom °r access therefrom). which is vested in the property owners a aro ed by the Council. All private street access must utilized often by a city is Another local street which is aux road to, and located age r frontoad. Itans arlocaterial, aux ay for service to abutting on the side of, property and adjacent areas and for control access to the Dining the highway, and to maintain circulation of property adz traffic on each side of the highway. cted rural network Street, Rural Svstem - *1 Princi al Arterial - A connevingp continuous trilength and P —res which serves corridor movAcative aof substantial state- L characteristics travel density in wide or interstate travel. with the principal arterial *2 Minor Arterial - In conjunction the minor arterial road system forms a rural network. stem are to link cities, larger system, These routes are Major characteristics of the sy service_ towns and provide inter -county overall travel speeds, designed to provide for relatively high a dement_ with minimum interference to through That which provides service to any *3 Ma'or Collector Roads arterial route and links these places county seat not on an or cities or with routes of higher with nearby larger towns the more important classification. Major collectors serve intra -county travel corridors. om local * or Collector Roads - That which collects r reasonabraffic le distance 4 Man s developed areas within roads and bring Minor collector roads provide service to of a collector road. the remaining smaller communities. *5 Local Roads - That o adjacent land and which provides access t provides service to travel over relatively short distances. -23- Oak *The functional street classification definitions are summarized descriptions of the functional street guidelines that are used by the Federal Highway Administration. r St_'=et, Half - A portion of the width of a street, usually along the edge of a subdivision or development, where the remaining portion of the street could be provided in another subdivision or development. Street Line - A line separating an abutting lot, or parcel, from a street. Street, Proposed - The undedicated portion of a street alignment, or proposed widening of an existing street as proposed on the Ada County Major Thoroughfares Plan, or any State or Federal Highway, the alignment of which is officially approved. Strip Commercial and Industrial - A development pattern characterized by lots in a continuous manner fronting on streets and resulting in numerous access points to the street. Strip Zoning Zoning usually found along a major roadway which is developed simply as a pattern following the outline of the road and without foundation in the comprehensive study or in fact. Structure - Anything constructed or erected in which the use requires permanent location of the ground or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile homes, walls and billboards. Fences shall be deemed a structure. Public utility power poles shall not be deemed a structure. Structural Alteration - Any change in the structural members of a building such as walls, columns, beams or girders. Subdivider or Developer - The person who executes an application or initiates proceedings for the subdivision of land in accordance with the provisions of this Ordinance.- He need not be the owner of the property; however, he shall be an agent of the owner or have suffi- cient proprietary rights in the property to represent the owner and his acts, and' representations shall be binding upon the owner. Subdivision - The result of an act of dividing an original lot, tract or parcel of land into two or more parts. The term "subdivi- sion" shall also include the dedication of a public street and the addition to, or creation of, a cemetery. However, this Ordinance shall not apply to any of the following: ^An allocation of land in the settlement of an estate of a = -decedent or a court decree for the distribution of property; 2. The unwilling sale of land as a result of legal condemnation as '" defined and allowed in the Idaho Code; r,. -24-tk r�� Fit r )) +C�t�'Y�wCF�'7es•'ryy ��'tZ...��� it �� - r r �1 r: bil 0 t Ll 3- The widening of existing streets to conform to the Meridian Comprehensive Plan; 4- The acquisition of street rights-of-way by a public agency in conformance with the Meridian Comprehensive Plan; and 5- The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage. Supply Yards - A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Surveyor - A person qualified by reason of his knowledge of the principles of surveying acquired by education and experience, and who is authorized by the laws of the State of Idaho to practice land surveying. Idaho Code, 54-1202(h). Townhouse or Row House - A row of two (2) or more attached single- family dwellings- Each dwelling is built with similar architectural treatment, is separated by vertical divisions by party or lot line. walls, and each has private entrances (usually front and rear). Trailer, Recreational Vehicle and Motor Home - Any vehicle or struc- ture constructed in such a manner as to permit occupancy thereof as living quarters or the conduct of any business, trade, occupation, or use as a selling or advertising device or use for storage or conveyance for tools, equipment or machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets and propelled or drawn by its own or other motor power _ Transitional Use - A use of land designed to serve as a buffer between conflicting land uses such as single-family residential uses and commercial or industrial uses or between residential uses and heavily traveled traffic arterials. Uses designated as transitional uses in each particular district are deemed to be those which are more or less compatible to the conflicting uses. Trip Generation - An element of a traffic volume survey which indi- cates the number of automobile, bus, pedestrian or bicycle trips produced or generated in a specific area or by a specific use- As an example, an office building generates "x" number of trips to work by its employees and "x" number of trips home from work. _ Truck Stop - A .service -station or commercial enterprise using the premises primarily to sell and supply motor fuel, lubricating oils and greases to on -premise trade including large trucks as well as z..�_-...__. automobiles and including the sale of tires, batteries, automotive :;::..-_.-s_,.accessories, -related services,- major and minor motor vehicle repairs i:o as well z as• --special services to operators and drivers of trucks .--.Operating on an interstate basis- Undeveloped Area - That portion of a development which is left unimproved or a parcel of land which is unimproved. Urban Services - According to this Ordinance, urban services shall include, but not be limited to, the following where applicable: municipal central sewer and water facilities; pedestrian walkways and bicycle paths; open space; parks; recreation lands; police and fire protection; public transit; schools; libraries; storm drainage; and urban standard streets and roads. Urban Sprawl - Scattered development which is not contiguous to the urbanized part of a municipality. Sprawl is characterized by signif- icant amounts of vacant land intermixed -with parcels of urban develop- ment and with formless dispersal of a congested urban area with little or no regard for the interrelationships of such factors as transportation, employment, health and recreational needs. Use - The specific purposes for which land or a building is desig- nated, arranged, intended or for which it is or may be occupied, maintained, let or leased. Variance - A variance is a modification of the requirements of the Ordinance as to lot size, lot coverage, width, depth, front yard, side yard,. rear yard, setbacks, parking space, height of buildings or other Ordinance provisions. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest. Vehicle - Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway or street excepting devices moved exclusively by human power or used exclusively upon stationary rails or tracts. Vested Rights - Vested rights, if properly used, refer to rights which have been accrued to an individual as a result of a condition which has existed for a period of time. A vested right is one in which the individual cannot be denied rights that may have existed to him. Veterinary, Animal Hospital or Clinic - A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for the treatment, -observation or recuperation. It may also include boarding that is incidental to the primary activity. Vicinity Map -;?A ;drawing., which sets :_forth .by dimensions or other means the -^relationship ,-of=.;.the-._;proposed :. development to other nearby developments,. landmarks. or. community facilities and services within the general area in order .to.better .-.locate and orient the area in question. (Ord. 430, 4-2-84) -26- 1191 : a Mi i J r Walkway - A public way for pedestrian use only, whether or not along the side of the road. (Ord. 557, 10-1-91) Wet Line Sewer - Sewer lines which are connected to a municipal wastewater treatment facility as per City specifications. Yard - A required open space, other than a court, unoccupied and unobstructed by a structure or portion of a structure from three (3) feet above -the general ground level of the graded lot upward Provided that accessories, ornaments and furniture may be permitted in any yard and subject to height limitations and requirements limiting obstruction of visibility. (For illustration, see 2-424 Al in the appendix of this Ordinance.) 1. Front Yard - A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building. 2. Rear Yard - A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. 3. Interior Side Yard - A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards. 4. Street Side Yard - A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards. 5. - Court Yard - See "Court". 6. Transitional Yard - A yard which serves as a buffer between conflicting land uses such as between single-family resi- dential uses and commercial or industrial uses or between residential uses and heavily traveled traffic arterials. Transitional yards are deemed to be an open space which is between those uses which are more or less compatible. Zero Lot Line - A building design which allows for a dwelling to be built to the side lot line and which may include an easement to a neighboring lot for the purpose of upkeep and maintenance of each dwelling. Zero lot line developments can be either dwelling units detached or attached. Zoning Map -.The graphic depiction of the zones or districts within the city limits of Meridian. The map includes: A. An indication of the boundaries of each of the districts; B. A legend identifying each of the districts; 1191 -27- • r C_ Identification names of streets, streams and other places; D_ Dimensions indicating the boundaries between di$tricts_ The zoning map is to be adopted as a legal part 'of an Ordinance and designated as the Official Zoning Map of the City_ Zoning Permit - A document issued by the Administrator authorizing the uses of land and structures, and the characteristics of the uses. Zoning Policy - The policy as adopted by the governing body of the City of Meridian and which is the underlying, fundamental basis for this Ordinance; that is, the Zoning and Development Ordinance of the City of Meridian. 2-404 A ADMINISTRATION General Provisions: For the. purpose of carrying out the provisions of this Ordinance, an Administrator and Commission is hereby created and the administration of this Ordinance is hereby vested in the following: 1_ The Administrator 2_ The Building Inspector 3_ The Commission 4. The Council 2-404 B ADMINISTRATOR 1. 2. 3. 1191 Appointment: The Commission or designated member of the City staff shall be appointed by the Mayor and confirmed by the majority vote of the Council of the City of Meridian. Administrative Appeals: Council shall hear and decide appeals where. it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the adminis- trator, inspector or the Commission. Duties: The administrator or designated staff shall administer and enforce this Ordinance and fulfill all duties imposed by law including, but not limited to: a. Receive application and distribute to proper authorities; b. Notify the news media regarding matters of public interest; c_ Issue zoning permits, occupancy permits, Certificates of Zoning Compliance;- notifications and care for similar administrative duties; -28-. r t L7 I_1 r 11 1] ■ 1K IN ■ e