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HomeMy WebLinkAbout1994 09-27\ ~ 1 14~~I~I~IAN CITY COUNCIL SEPTEMBER 27. 1994 The Special meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:00 P.M.: MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Corrie, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Chief Gordon: Kingsford: As posted this is a special meeting for the consideration of a personnel matter. At this time I would entertain a motion from Council to go into Executive Session. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to go into Executive Session, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION Kingsford: We are back in regular session dealing with the grievance from (inaudible) the Chiefs decision on Kathy Kirby. I think the Council needs to take action on it now in the public meeting. Morrow What form of action would that be? Kingsford: That would be to deny the (inaudible) and go with the Chiefs decision. Morrow. I vuould move that w~e deny the appeal by Officer Kathy Kirby and that we support the Chiefs position and decision. Yerrington: Second Kingsford: Moved by Walt, second by Max to deny the appeal and support the Chiefs decision and action, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Entertain a motion to adjourn. Corrie: So moved ~ Meridian City Council September 27, 1994 Page 2 Tolsma: Second Kingsford: Moved by Bob, second by Ron to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: You didn't want to act on that pay voucher? Corrie: No, I am not legally qualified I decided. (Inaudible) Kingsford: Before the Council and Chief and Attorney I want to publicly thank Ron for fixing my chair. MEETING ADJOURNED AT 7:56 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ `MAYOR - GRANT KIN SFORD ATTEST: i~~~R---~~ WILLIAM G. BERG, JR., ITY CLERK ~ • oR~~iNA~ BEF'ORE THE MERIDIAN CITY COUNCIL RONALD VAN AUCRER ANNEXATION AND ZONING A PORTION OF THE SW 1/4 AND THE SE 1/4 OF SECTION 9, T. 3.N., R. 1.E., BOISE, MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDABO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing August 6, 1994, at the hour of 7:30 o'clock p.m., that James R. Jones representing the Petitioner appeared in person, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 6, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 6, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1 ~ • approximately 172 acres in size. 3. That the property is presently zoned by Ada County as M-1 Industrial and RT Rural Transition residential; that the Applicant requests that portions of the property be zone TE Technical District, I-L Light Industrial and C-G General Retail and Service Commercial; that no specific use for the property was presented but it was stated that it would be platted later. 4. The general area surrounding the property is used for industrial, warehousing and agricultural uses. 5. That the property is now adjacent and abutting to the present City limits. 6. That Ronald VanAucker is the Applicant; that Applicant does not own all of the land; that the other owners are Oren C. Mayes and Carmen J. Mayes, 4M Leasing/Canvest, an Idaho Partnership, Franklin-Eagle Joint Venture, VJ Joint Venture, and G/D Partners, an Idaho General Partnership and they have consented to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. Ada County Highway District (ACHD), Gary Smith, Meridian City Engineer, Meridian Police and Fire Departments, Shari Stiles, Meridian planning Director, Central District Health Department, Idaho Power and the Nampa-Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full. 8. Chuck Leihe of the Meridian School submitted comment at the hearing that the School District was looking for a 32 acre parcel for a school and the Applicant was also interested in a VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 2 • • school in the area; that Mr. Jones ~ad indicated that the Applicant had made arrangements with the School District that a middle school ~ would be build in the area. 9. There were property owners in the area of the proposed annexation that appeared and testified at the Planning and Zoning hearing to make comments on the application; that ~he testimony was basically as follows: a. Pat Nation was against the annexation because it was adjacent to her farm and she likes her well and the sewer facilities that she now has and was not interested in City service; that development in the area would interfere with the horses that she zaises; that she wanted to be in the county and not the city and that the annexation would not be good for her privacy or her horses. b. Rich Allison testified that Mr. VanAuker had been co- operative with providing fairly priced land for the School and that school land would provide a buffer for Mrs. Nation. c. Carl Hatvani testified concerning the ditch problems that he had had in the area. d. Mike Shrewsberry testified that he wanted the Commission to know that this was only an annexation and that platting would be some time later and that there would be no interference with agricultural practices. that there was also testimony at the City Council hearing, which is basical.ly as follows : 1. James ~TOnes, the Applicant's representative testified about the property and showed pictures of developments that Ron VanAucker had developed; that the land was not in a mixed planned use area as stated in the Planning and Zoning Commission Findings of Fact and therefore the conditions that are placed on land that is in a mixed planned use area sho~uld not apply to this land; he stated that it was in an Industrial Review Area; that he was as concerned as the City was about some things that have happened in one of the areas zoned light industrial; he p~oposed that if there are uses that the City does not VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 3 ~ • want to see built there they would stipulate that those us~s w~uld nat be built there i~ it was agreeable with them; he offered a schedule of uses that he said listed tY:e permitted and conditional uses in the Light Ind~~.strial zone from the current Meridian Zoning Ordinance with a few suggested changes and asked the City Council to review this and mark it as to how the City would like to limit the Applicant's uses. 2. Rich Allison testified basically ~he way that he did at the P1ar.ninQ and Zoning :iearing but added that he sugported the 1~pplicant not r~aving to get conditional u~~s. ?. Ran VanAuke*- testif~e3 that all of the property was not hi.s; that the General Service Administration was a proposeci user; that he perceived the conditional use requirement aG unnece5sary; that. the aonditional use proce~dure adds uncertainty to deveZopir.Ent, a lot of de'lay in dzvelapment, and the prospective tenants are not willing ~o wait: he stated that all of the ~~ses would not ne~zssar.ily be insi3z; that outside uses wot~ld be of cancern to the City and that they may work with the City on the outside uses; that he would da conditions, covenants ~nd restriction and w~uld use them to protect the City. 4. Jir~iKessler testified that he was a typical tenant; that h~ wanted to av~id the conditionai usP process. ~. Carmen ~Iay~s testifiEd that there were too many rec~ti.iYeme~nts on the applicat.ion; that conditional uses we-fe a sc:ape aoat for wr.at is not a listed use and it is usau ta discrir.-inate; that she questioned the tiling of watErways; and ~hat she was in f~vor of. the Application. 6. LWc'Lltl Edmoixc~~ sta~:Ed that he ha~ a 15, J00 square foot macb.ine s,~op on five acres, that a conditional use would be a bad requirement. 7. J~hn Jackson ~tat~d that he owned propErty to the north of the F,pplicant's property an.d was not part of the Applicant's development, 8. CornAll Larsen testified that he was a realtor; ithat he enco~raged ~hat City not to u~e condit~.onal uses; that Ada ~ounty c3aes not require eondit~c~nal uses; that the cost to the Ci~y to use ~otiditi~nal uses would be very high. 9. Mike Ford sta~~d that he was a r~al estate manager for VADi A~KER FINDINGS OF rA~Z' & COI~CLUS?ONS OF LAW PAGE 4 . • Ron Yankee; that Mr. Yankee was not part of the 172 acres; that he was concerned that the conditional use requirement would carryover to Mr. Yankee's land. 10. Chris Nelson stated that he represented "Canvass" which owns land on Commercial Street which is north of the subject property; that conditiona], use were not good. 10. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 11. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. That the property can be physically serviced with City water and sewer, but the sewer and water lines will have to be extended to the property by the Applicant. 13. That Meridian has, and is, experiencing a substantial amount of growth; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots, commercial, and industrial uses. 14. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under the LAND, GENERAL POLICIES, section commencing at page 22, it states: Encourage a balance of land uses to ensure that Meridian remains a desireable and self- sufficient community; and under the INDUSTRIAL POLICIES, it states in part as follows: 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.5 Industrial areas should be located within proximity VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 5 ~ • to major utility, transportation and services facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. and under the Eastern-Eagle Road Light Industrial Review area is stated as follows: 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.17 It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. B. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 15. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 6 ~ • as a Light Industrial; the Comprehensive Plan states at page 17 that "There are two planned Industrial Review Areas addressed in this Comprehensive Plan. The Eastern-Eagle Road Light Industrial Review Area ..."; the Industrial Policies stated at page 24 of the Comprehensive Plan state in part as follows: "3.11 Zoning and development within each of the Industrial Review Areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas by private industrial and business interests. 3.12 Al1 industrial proposals that pertain to the Industrial Review Areas shall be reviewed and monitored by the City Council or designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the integrity of the review areas."; that the specific policies for the Eastern-Eagle Road Light Industrial Review Area include the following: "3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern-Eagle Road Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements." 16. That the requested zoning of General Retail and Service Commercial, (C-G), Technical District and Light Industrial districts are defined in the Zoning Ordinance at 11-2-408 B. as follows: (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 7 • • well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. (TE) Technical District: The purpose of the (TE) District is to permit and encourage the development of a technological park, including research and development centers, vocational and technical schools and compatible manufacturing, and wholesale business establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost entirely within enclosed structures; 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 arterials 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 residential uses, and to provide an environmentally pleasing, safe and aesthetically pleasing employment center for the community and the region. (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. 17. That in 1992 the Idaho State Legislature passed VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 8 • • amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in development that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and business and to those moving into the City; the City is also concerned that the increase in commercial and industrial development is bringing in more population and is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the increase in commercial and industrial which might locate in this annexation v~ould be helpful. 18. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 9 • • if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 20. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet ( 20' ) wide, and shall not be a part of the normal street right of way or utility easement." 21. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 22. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and VAN AUKER FINDTNGS OF FACT & CONCLUSIONS OF LAW PAGE 10 . • natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 23. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Desiqn Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 24. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 25. That the City is in the process of amending the Zoning Ordinance and the Subdivision and Development Ordinance; that the present Zoning Ordinance provides for only one industrial zone which is the Light Industrial Zone and which authorizes all industrial uses if allowed; that one of the proposed amendments to the Zoning Ordinance is to reorganize the industrial uses and have a light industrial zone and a heavy industrial zone. VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 11 • • 26. That proper notice was given as required by law and all procedures before the City Council and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under ldaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 12 • • the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the App~ic~nt with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since th~ annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65~ 665 P.D in7~ (.1983) . 9. That the c:ev2lapment of annexed land must meet and comply with th~ Ordinances oi the City of Meridian and in particular Sect;.ion 11-9-616, whi_c;~ pertains to dEVelopment time schedules and requirements, and Sectian i1-9-605 M., which pertains to the tiling of ditches and watexways and 11-9-606 14., which requires pressurized irrigation. That the Applicant shali be required to cozn~ct to Meri~lian water and sewer; that the development of the property shall be subj~ct to and controlled by the Subdivision and Development Ordinance; that, as a condi~.ion of annexation the Applicant ~h~?1 be required to enter into a development agreement as author.ized by I1-2-Z~6 "L and ~1-2-417 ~i; that the development agreement shall a~idres~ the inalusion into th~ subdivision of the re~quir~ments of 11--9-605 C, G., H 2, K, and L.; that the development ac~reement s~i~il, as a condition of annexati~n, require that ihe Applicant, or if requi.red, any assigns, heirs, executors or personai r~presentatives, pay, wnen r~quired, any development .fee or tr_ans~er fee adopted by the City; that there shall be no anr:ex~tior. untii th~ r~qLirements of this paragr~ph are met or, if VAN AUKEI~ FINDINGS OF' F13CT &(~OP~CLUSIONS QF LAW PAGE 13 • • necessary, the property would be subject to de-annexation and loss of City services, if the requirements of this paragraph were not met. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has not stated or represented its intentions for development, which is of concern to the City Council; that since the Comprehensive Plan states that the specific policies for the Eastern-Eagle Road Light Industrial Review Area include the following: 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern-Eagle Road Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements."; therefore, it is concluded, that some means needs to be required so that the City can insure that uses in the area are clean, quiet and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 14 . • free from hazardous or objectionable elements and are in harmony with the residential uses in the area; that the Zoning Ordinance, as amended, will likely require that uses in the Light Industrial zone be clean, quiet and free of hazardous or objectionable elements; that the area is not in a mixed planned use area which requires conditional uses for development, so conditional uses should not be required as a condition of annexation and zoning; that if the Applicant agrees to have all development meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later, the property should be annexed and zoned as requested. If the Applicant is not agreeable with having his development meet with the Zoning Ordinance, as amended, conditional uses shall be required as a condition of annexation. 13. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), Light Industrial (I-L) or as Technological District (T-E), as requested in the Application, but the Applicant and all property owners must agree, prior to an annexation ordinance being passed, that all development shall meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later. 14. That, as a condition of annexation and the zoning the Applicant, and all property owners, shall be required to enter into development agreements as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1'5 • • 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressinq the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4.1 An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments from the City Staff, applicable at the time of annexation and zoning or at the time of development. 12. The sewer and water requirements. 13. Traffic plans and access into and out of any development. 14. And any other items deemed necessary by the City Staff. 15. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 16 ~ ~ "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ..."; that since the above section states that the development agreements shall take effect upon the adoption of the ordinance annexing and zoning the parcel and since no development agreements have been agreed on, or even discussed, it is concluded that the development agreements are information that the City Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance; however, it has been stated that platting may not be done for approximately eighteen months; therefore it is concluded that the land may be annexed and zoned but the land shall be subject to de-annexation if acceptable development agreements are not agreed upon, and entered into, after the annexation ordinance is passed. 16. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that the property may be de-annexed if appropriate development agreements are not agreed on and executed by the City and the respective property owners. 17. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 17 . . development agreements. 18. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 19. That the Applicant and property owners shall be required to connect to Meridian water and sewer, at their expense, and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreements. 20. That these conditions shall run with the land and bind the applicant, owners and its assigns. 21. With compliance of the conditions contained herein, the annexation and zoning as requested in the Application would be in the best interest of the City of Meridian. 22. That if these conditions of approval are not met by the Applicant and the respective property owners, the property shall be de-annexed. VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 18 ~ ~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED The City Council hereby decides that the property set forth in the application be approved for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant and property owners enter into development agreements or that the land be de-annexed; that if the Applicant and owners are not agreeable with these Findings of Fact and Conclusions and are not agreeable with entering into development agreements, the property shall not be annexed. MOTION: APPROVED: /'__ DISAPPROVED: .~ ~ VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 19 ~ ~ • ORDINANCE NO. 674 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 5, CHAPTER 3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; RE-ENACTING TITLE 5, CHAPTER 3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO PROVIDE PROVISIONS FOR THE MERIDIAN FIRE DEPARTMENT INCLUDING ORGANIZATION, OFFICERS, MEMBERS, DUTIES OF OFFICERS AND MEMBERS, VOLUNTEER FIREMEN'S ASSOCIATION, INVESTIGATION OF CAUSE OF FIRE, INSPECTIONS, MEETINGS OF MEMBERS, BLOCKADE OF STREETS IN CASE OF EMERGENCY, POLICE OFFICERS TO HANDLE TRAFFIC AND PREVENT INTERFERENCE WITH THE FIRE DEPARTMENT, COMPENSATION OF MEMBERS, AND PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to repeal Chapter 3 of Title 5, Fire Department, of the Revised and Compiled Ordinances of the City of Meridian and re-enacting said chapter to provide new provisions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 3 of Title 5 of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 2: That Chapter 3 of Title 5 of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: 5-301 ORGANIZATION: There is hereby created and established within The City of Meridian, Ada County, Idaho, a Fire Department, which shall be known and designated as the Meridian Fire Department, and shall consist of employed full-time members and non-employed volunteer members. 5-302 OFFICERS: There shall be appointed by the Mayor, subject to confirmation by the City Council, a chief of said Fire Department who shall serve at the pleasure of the Mayor and Council. 5-303 MEMBERS: The members of the Fire Department shall be the Chief, full-time employed fire fighters, and non-employed volunteer members who are members of the MERIDIAN CITY/RURAL AMENDED FIRE ORDINANCE N0. 674 Page 1 ~ • VOLUNTEER FIREMEN'S ASSOCIATION, INC. The full-time employed fire fighters, from and after the date of enactment of this Ordinance, must have previously been non-employed volunteer fire fighters for the City of Meridian and members of the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC. Future employed full-time fire fighters must also have served as non-employed volunteer fire fighters for the City of Meridian and have been members of the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC., if there are such qualified non-employed volunteer firemen seeking to become full-time employed firemen. The list of non-employed volunteer firemen who have stated they desire to be hired as a full-time employed fire fighter shall be the list of persons eligible to be hired by the City of Meridian as employed full-time Meridian firemen. Applicants to become non-employed volunteer members shall apply and be selected non-employed volunteer members by the Meridian Fire Chief. The Fire Chief may request a recommendation from the Volunteer`s Associat.ion for the selection of non-employed volunteer firemen. The hiring of full-time employed firemen shall be in the complete discretion of the Fire Chief. The reason for the selection by the Fire Chief of the non-employed volunteer fire fighter is the following: 1. To ensure that the volunteers have the physical and mental capabilities to be full-time employed firemen. 2. To ensure that the volunteers have the ability to perform the duties of a full-time employed fire fighter. 3. Because when called on to perform duties of a Meridian fire fighter or attending meetings of the Fire Department, the non-employed volunteer firemen are compensated by the City. The Fire Chief shall reyuire health and physical testing of all applicants to become volunteer firemen as he deems necessary. When the Fire Chief desires to hire additional full-time firemen he shall so inform the non-employed volunteer firemen and they may apply to him to become full-time employed firemen. 5-304 DUTIES OF OFFICERS AND MEMBERS: The Chief of the Fire Department shall have, subject to the approval of the Mayor and City Council, supervision of all the affairs and business of the Fire Department, control of all Fire Department property and equipment, and the work of all the employees thereof and of the volunteers when they are performing duties as a fire fighter and when at fire meetings. While attending emergency calls and returning therefrom, the Fire Chief, shall have the authority of a police officer. 5-305 VOLUNTEER FIREMEN'S ASSOCIATION: The City recognizes the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC., a nonprofit non-governmental corporation, which was initially AMENDED FIRE ORDINANCE NO. 674 Page 2 ~ • organized as a group of volunteer firemen to fight fires and respond to emergencies in the City of Meridian and in the Meridian Rural Fire District. It was incorporated prior to the City of Meridian having any employed firemen and continues to be a group of volunteer firemen who volunteer to assist the City of Meridian and the Meridian Rural Fire District to fight fires and respond to emergencies. When responding to a fire or other emergency in the City of Meridian, the City of Meridian did, and does now, compensate the volunteers. When responding to a fire or other emergency in the Meridian Rural Fire District, the Meridian Rural Fire District did, and does now, compensate the volunteers. The City of Meridian has no control, ownership, or financial interest in the MERIDIAN CITY/RURAL VOLUNTEER FIREMEN'S ASSOCIATION, INC., hereafter referred to as the ASSOCIATION, but does desire to continue to call on the volunteers for assistance and use them as prospective eligible employed full-time employed firemen, and for that assistance shall provide its members with a meeting place where they may hold association meetings and compensate them when performing fire fighting in the City of Meridian and attending meetings and training sessions. Under its own direction and governance, and not the City of Meridian's, the City understands that it is in charge of fund-raising functions, social affairs, burn-out fund, and the management of them, which all benefit the citizens of the City of Meridian, but over which the City has no control. 5-306 INVE5TIGATION OF CAUSE OF FIRE: The Chief of the Fire Department, or his designee shall, after any fire is extinguished, make a prompt and thorough investigation of the cause thereof, the amount of loss, and other particulars and shall enter the same in a record book kept for that purpose in the office of said department. 5-307 INSPECTIONS: It shall be the duty of the Chief of the Fire Department to inspect, or cause to be inspected by the members of the Fire Department, as otten as may be necessary, all buildings, premises and public thoroughfares, except the interior of private dwellings, within the corporate limits of the City of Meridian, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions of the Uniform Fire Code, and any ordinances of the City of Meridian affecting any hazards. He/she shall make a written report of the conditions found in making such inspections, which will be filed in the office of said department. 5-308 MEETING OF MEMBERS: The Fire department shall hold regular meetings. The Chief of the Department or any other member designated by the Chief, shall preside over all meetings of the department. It shall be the duty of the officers to report all attendance at such meetings, to supervise the correspondence of the department and to perform such other duties as may be hereafter prescribed by the department and the City Council. AMENDED FIRE ORDINANCE N0. 674 Page 3 • ~ 5-309 BLOCKADE OF STREETS IN CASE OF EMERGENCY; NOT TO FOLLOW EMERGENCY VEHICLE; NOT TO PARK WITHIN 500 FEET OF EMERGENCY: a. In case of emergency it shall be lawful for the Chief of the Department, or in his/her absence the person in command of such Department, to blockade any street, avenue, alley, sidewalk or other place, if in his/her judgment it is necessary to insure the efficient working of the emergency personnel and apparatus, or to protect the hose or emergency equipment from damage. It shall be unlawful for any person to break through or attempt to break through the blockade mentioned in this section, or at any time to run over or attempt to run over the hose of the Fire Department with any automobile, truck, motorcycle or other vehicle, or for any person driving or having charge of an automobile, truck, motorcycle or other vehicle, to willfully disturb, impede or otherwise interfere with the operation of the Fire Department, or its officers, members or employees, either while answering any alarm or while in attendance upon any emergency. b. It shall be unlawful for any person to drive a vehicle within a distance of five hundred (500) feet of any emergency vehicle traveling to the scene of an emergency. c. It shall be unlawful for any person, other than Fire Department personnel, to park any vehicle within a distance of five hundred (500) feet in any direction from the point where any emergency vehicle is engaged in combat of an emergency. 5-310 POLICE OFFICERS TO HANDLE TRAFFIC AND PREVENT INTERFERENCE WITH THE FIRE DEPARTMENT: The Chief of the Fire Department, or in hi.s/her absence the person in command thereof, is authorized to request the Chief of Police or other officer in charge of the police department, and it shall be the duty of such officer, whether or not so requested, to furnish a detail of police officers to assist in handling traffic and to protect the Fire Department from interference and to keep the streets and highways at, or and in the vicinity of such emergency, free from vehicles or other obstructions that might interfere with the Fire Department in its operation. 5-311 COMPENSATION OF MEMBERS: a. EMPLOYEES: Each Employed member of the Fire Department shall be paid a salary and benefits as determined by the Fire Chief and approved by the City Council. B. VOLUNTEERS: Each volunteer member of the Fire Department in attendance and assisting at any emergency, or attending meetings or training sessions, shall receive compensation. AMENDED FIRE ORDINANCE NO. 674 Page 4 ~ C~ 5-312 PENALTY: Any person who shall violate any of the provisions of Section 5-309 of this Chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of, but not to exceed, THREE HUNDRED DOLLARS ($300.00), or by imprisonment for not more than THIRTY (30) days in the Ada County Jail, or by both such fine and imprisonment. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and eff~ct from and after its passage, approval and publication according to law. PASSED AND APPROVED this ~~~ day of ~id~'"''~ , 1994 . CITY OF MERIDIAN G T P. KINGSFORD MAY A~'TEGT : ~Ci~~~iQ.~(i'is~!%-'-,-~ j~Z' _. ! WILLIAM G. BERG, JR - ITY CLERK AMENDED FIRE ORDINANCE N0. 674 Page 5