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HomeMy WebLinkAbout1985 09-03; ~ , --••-...._...- ~ ; l ; i i i ~ i I , i ITEM: ~ 1 ~ ~ 1. ' 2. i ~ 3. ~ 4. i 1 I ' 5. i I 6. ~ , ~~ 7, 1 8. , 9. ! 10. i ~ 11. 1 ~ 12. i ~ 13. ~ 14. i ; 15: , 1 ! f ~ ; ~ I ,~ ~ . A G E N D A MERIDIAN CITY COUNCIL SEPTEMBER 3,1985 MINUTES OF PREVIOUS MEETING HELD AUGUST 19.,1985: (APPROVED) MINUTES OF SPECIAL.MEETING HELD AUGUST 22, 1985: (APPROVED) ,BID OPENING, FIRE HYDRANT REPLACEMENT PROJECT: (AWARDED) APPOINT HEARING OFFICER FOR FAYE BRE[aER PUBLIC HEARING: PUBLIC HEARING: VARIANCE AND CONDITIONAL USE PERMIT FOR E.FAYE BREWER: APPROVE MR. HUGH MOSSMAN TO PREPARE FINDINGS OF FACT AND CONCLUSIONS ON ANNEXATION & ZONING REQUEST BY MOHAMMAD ALIDJANI: (APPROVED) PUBLIC HEARING: VARIANCE & PRELIMINARY & FINAL PLAT ON MERIDIAN MANOR #4 & #5: 1 (APPROVED) PIIBLIC HEARING:VARIANCE & PRELIMINARY & FINAL PLAT ON THE LAKE AT CHERRY LANE: ~ (APPROVED) PRE-TERMINATION HEARING: WATER/SEWER/TRASH.DELINQU~NCIES: (APPROVED TURN-OFF) APPROVE THE BILLS: (APPROVED) PUBLIC HEARING: 1985-86 BUDGET: ORDINANCE # 452: ANNUAL APPROPRIATION ORDINANCE: (APPROVED) ORDINANCE # 453: AMENDMENT TO THE COMPRHENSIVE PLAN AS APPROVED AT SPECIAL MEETING HELD AUGUST 22, 1985: (APPROVED) ORDINANCE #454: ADOPT 1985 UBC CODE WITH RESTRICTIONS: (APPROVED) ORDINANCE ~r455: ADOPT 1985 UNIFORM FIRE CODE: (APPROVED) AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE:(ORDINANCE #456 APPROVED)~ DEPARTMENT REPORTS: ~. MERIDIAN CITY COUNCIL ~ SEPTEMBER 3.', ;1.9'8"5::. 4 Regular Meeting of the Meridian City Council called to order by Mayor Kingsford at 7:30 p.m. Members Present: Bill Brewer; Ron Tolsma; Bert Myers,; Bob Giesler: Others Present: Gary Smith, David Davenport, Rich & Tracy Cren, Roy Porter, Keith Jaaobs, Kent Barney, Janet Kinball, IKarc Tanner, Lloyd howe, Elaine & Laurence Smith, Martin & Pat Fabricuis, Bla~che Wolff, Vera Hornbacker, Bob Mitich, E. Faye Brewer, Darwin Buchanan, Kenny Bowers, Bruce Stuart, Dean Mayes, Jr.,Lee Nelson, Gary Schaffer, Wayne Crookston, Ronda Lowe, Miriam Barr, The Mot.ion was made by Giesler and seconded by Myers to approve the minutes of Meeting held August 19, 1985 as written: Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Myers to approve the minutes of Special Meeting held August 22, 1985 as written: Motion Carried: Al1 Yea: Item #1: Bid opening, Fire Hydrant Replacement: Three Bids were received; Mayor Kingsford opened the Bid from Owyhee Construction, Inc. and announced all the papers were in order and the bid was $16,600.00: Next Bid opened was from Masco, Inc., Mayor advised all the documents were in order and the bid was in the amount of $13,605.00: Final Bid opened was from Paul Construction and all the documents were in order and the bid was in the amount of $16,480.00: The Motion was made by Tolsma and seconded by Brewer to accept the bids and have the City Engineer review and make a recommendation during the Department Reports. Motion Carried: All Yea: Item #2: Appoint Hearing Officer for E. Faye Brewer Hearing: ~. The Motion was made by Giesler and seconded by Tolsma to appoint Mr. Hugh Mossman to conduct the Public Hearing as the Hearing Officer on the E. Faye Brewer Application. Motion Carried: Tolsma, Yea: Myers, Yea: Giesler, Yea: Brewer, Abstained; Item #3: Variance & Conditional Use Permit E. Faye Brewer: Mayor Kingsford turned the Meeting over to Mr. Hugh Mossman to conduct the Public Hearing on this application. ~ Mr. Mossman, for the record I am Hugh Mossman and am the appoi'nted Hearing Officer in this matter, this hearing will be conducted on the record and all those in appearance who wish to testify will have to speak audibly so it can be picked up on tape and give your name and MERIDIAN CITY UNCIL SEPTEMBER 3,. ~5 PAGE # 2 ~ address before you proceed with your testimony. Just,for the record this is the Conditional Use Permit Application of E. Faye Brewer for property located at 1303 East First Street, this matter was p~reviously heard on July 8, 1985 by the Meridian Planning & Zoning Comm~ission and as a result of the Public Hearing conducted made a favorable recommendation for approval of the Conditional Use Permit to the City Council contingent however upon an application and approval of a Variance request since the Conditional Use Permit requested was not allowed in the R-15 Zone accord- ing to the findings of the Commission. The applicant will be allowed to make a presentation first and then any aomments or testimony will be received from the public. The Mayor & Council will be able to ask any questions of the applicant or any.other party during the hearing. After the hearing is closed I will be preparing Findings of Fact and Conclusions. City Clerk, Mr. Mossman before you start with Mrs. Brewer, I have a piece of written testimony which was received today to be entered into the record. Mr. Brewer, Mr. Mossman may I interrupt for a moment, for the record I Bill Brewer, City Councilman will abstain from questioning remarks and voting on this issue. Mr. Mossman, I will note for the record that a application for a Variance has been submitted and is in the City file on this matter, also for the record a letter has been submitted dated September 3, 1985 from a Bob Spencer and the text of this letter will also be part of the record in this matter. E. Faye Brewer, 1303 East First Street, Meridian, Idaho: Mrs. Brewer was sworn by Mr. Mossman as the applicant in this hearing: Mrs. Brewer, The explanation of my concept is not a full fledged mortuary per-say, it would not have a chapel area for conducting a funeral service there. The ministers.in the community that I have spoken with have been very supportive of my having funerals in the churches. I would not be conducting funerals at this location, it would have an emblaming room, a casket selection room and a small area for the visitation for meeting with the family and the office. As I gave in previous testimony there have been other mortuaries in the valley that have been supportive of me starting what they call first call service, I would remove the body from the hospital and do the emblaming for them, those are the mortuaries in Weiser, Payette, Caldwell and Nampa, these are the ones who have voiced the hope to me that I could start this kind of service. My concept is to keep the home a home, I have went ahead and purchased the home as the trust was not happy about giving an extension to see if this was approved. I have started to do some remodeling but the permits were purchased so it was lega.l, the apartment in the basement has been modernized. It is a beautif.ul home and very top quality and I believe i~t.~.would be very cond- ucive to counseling people in grief at this time for the small type of operation I want to do. There have been other mortuaries that have been interested in building a whole new mortuary in this area, the outlaying area of Meridian because of Meridians growth. I have been a resident of~ Meridian since 1976 and I would like to remain here and do my business here in Meridian. I have heard some concern over the taxation and if MERIDIAN CITY UNCIL SEPTEMBER 3,. ~5 • PAGE # 3 a business went in~here the property would be reassessed. There is not much land available in Meridian in good locations to build a mortuary, to have it an acceptable place in the outlaying area and still have it part of Meridian. The FHA considers this area of town as a Commercial Zone and they will not issue a FHA Loan on this area. I believe that the neighbors would have some problems with me asking for a re-zone of this property.. rather than a Conditional Use Permit and I believe you could have problems later if I chose to sell that home if it were re-zoned. It could be a higher .traffic volume area which was one of the concerns at Planning & Zoning. I have received my permission for the curb cut to put in my other driveway to circle around the home. I have had the City Building Inspector walk through the home and don't forsee any problems with electric or other i.tems necessary for this operation. I realize it will be necessary to make special hookup on the water system for a back-flow valve. Some of the wiring I had to go ahead and have done in order to update the home to current code as well as the plumbing. I would like to remain in Meridian and be a part of the Meridian Community. I would like to see a chain type operation stay out of Meridian Area and I know that those kind of operat- ions are looking at locating here. I believe that if there are two mortuary here it is not asking people to choose between the two but giving them another option without going to another town. Competition is not necessarily a bad thing. I hope the two mortuary~can work together. Other chapels in the area.have offered to lease me their equipment, the vehicle that would be at my funeral service center would probably be either a van or a station wagon. I can by putting in the driveway get 8 to 10 park- ing spaces and there has to be one space for every three seating. Hopefully I would have enough seating for 20 to 25 people. The home has a lot of charm and atmosphere, that particular area would be easy access for people if available. There is Commercial property just adjacent to the property that I have, it is two house away and in back of ine. There are several ~ trees and a fence in the back yard which would give some privacy. The rear of the home would be used for main entrance, so the parking would not be along the street. I feel this type of operation would upgrade the home not degrade the whole.area as a commercial or strip development it is going to remain looking as a home as it does now. Mayor Kingsford, I have had a member of the mortuary community from out- side of town tell me that you would not be able to get a license in that building, have you applied for a permit or whatever it takes? Mrs. Brewer, I have spoken with Mr. Ecursall, who is the Chairman of the Board of Morticans, and that is who we get our license through, through the State, the Bureau of Occupational Safety & Health, he told me the only thing would be the back-flow valve and that I would have to get approval from Central District Health Department for my emblaming area. I h~ve - also spoken with Mr. Thomason, who is from the Weiser Chapel, he is very supportive of.me and he said that he did not think there would be any problem. The code itself is very hazy on just what a chapel consists of the size and in a great many small towns the chapels are very small. Mayor Kingsford, my understanding from this party was that unless you had a chapel you would not be approved. Mrs. Brewer,.I asked Mr. Malay, who is the Execut:iv~Secretary of our Idaho State Association, and he is the one that advis~ed me that the chapel area I•am having, which is presently the livin~g room of the home MERIDIAN CITY UNCIL • SEPTEMBER 3,~~5 PAGE # 4 he said that this.would constitute a chapel area. Giesler, do you have a problem with the Commercial Zone? This is one problem I have, I have no problem with your concept, I think it is very good, I just have a problem with the Conditional Use~Permit for this.type of operation. I feel this is more of a Commercial type business, I feel~ it should be a Commercial Zone. ~ Mrs. Brewer, the property in this area is split between home owners who live there and speculators who rent property, I think I would have a problem if I went with a re-zone~are far as the homeowners who live here. This would not be a high traffi.c business, people doEnot just drop by a mortuary.I would not be having funerals there, if th~is. home was out on Fairview Ave. it would be perfect.and I would not have to ask for a permit, it would ruin it to move it. I think where it is zoned R-15 it would be a deteriment to the street to have apartment buildings in there, or build one in the back. Mr. Spencers letter l did not have a chance to review it, his wife signed my petition and she told me he was wanting to locate his office in his home.I want to maintain the home atmosphere.to work out of and to serve people. Giesler, you feel the neighbors would not go for a re-zone? Brewer,, yes, and i feel it would be a deteriment to the neighbors as well as you would not have any control. Giesler, our control has not worked in the past and that is the reason I have tried to steer away from them lately. The conditions we have put on~them has not worked at all. On your circular dr~veway is it staying or what? Mrs. Brewer, yes, it will be a drive-though to the back. Mossman, Mrs. Brewer, you have no problems with the conditions that were recommended by the Planning & Zoning Commission? Mrs. Brewer, No. l~ossman, a couple questions I have relate to your Variance Application under the Ordinance it requires a finding that there be a special circum- stance or conditions that effect the property that strict applic.ation of the Ordinance would be impractible or unreasonable and in your applic- ation you list the special conditions or circumstances the Cbnditional Use Office space or Commercial Zo.ned Districts are already adjacent.to this property, what are some of the uses that are within a 300 ft. radius of your property that are Conditional Use or Commercial~in nature? Mrs. Brewer, an Insurance Office also the p.roposed Meridian Office Complex a piece of property that abuts mine in the back. Mossman, do you feel that your proposed use would be less intent in nature than Commercial Uses or other Conditional Uses that would be permitted in an R-15 &one? ~ Brewer, Yes. ~~ MERIDIAN CITY~UNCIL • ~ SEPTEMBER 3, 5 ' PAGE # 5 ~ ~ ~ Mossman, is that because of the less~traffic? Brewer, Yes. i Mossman, do you own the property now? % ; Brewer, Yes, I do. I ~ Mossman, is it contingent upon approval of this? ' Brewer, No, it was orginally. ~ ~ Mossman, what will you do if this is not approved? ~ ~ - ; Brewer, I do not know. i ~ j Mossman, is that then your basis under the Ordinance for the extordinary ~ hardship finding under the Variance Application? ~ Brewer, yes, I feel also the School. is this close to the property and they ~ are looking at closing this school and selling their property or~making it , into adminstrative offices. ,, ~~ Mossman, do you think that property has any reasonable likely hood for ~ residential usage?.._;: i Brewer, I believe with the tr~.ffic in Meridian, I was the onZy offer they i received on that house, it has been allowed to deteriate, 1 ~ Mossman, any other question of the Mayor or Council? There were none. ~ Is there anyone in the audience that wishes to testify? There was.no j response. There being no further testimony the Public Hearing was closed. i , Mayor Kingsford thanked Mr. Mossman and advised the Council a motion was ~ needed to ask Mr. Mossman to prepare the Findings and Conclusions. J The Motion was made by Tolsma and seconded by Myers to have Mr. Mossman j prepare Findings of Fact and Conclusions of Law on the E. Faye Brewer ; application. ; ~Motion Carried; Tolsma, Yea: Myers, Yea: Giesler, Yea: Brewer, Abstained: ~ ~ Mayor Kingsford, I would like to ask the Council to approve my~recommend- ation to have Mr. Mossman prepare the Finding of Fact and Conclusions on ~ the Alidjani request for Annexation &.Zoning. The Eastside Group has been ~ contacted and they have no objection to this. ~ The Motion was made by Myers.and seconded by Brewer to approve Mr. Mossman to prepare Findings of Fact and Conclusions on the Annexation & Zoning ~ request by Mr. Alidjani and authorize the City Clerk~to release the records ; to Mr. Mossman on that subject as they are supposed to be retained at City ; Hall. ~ ~ Motion Carried: All Yea: : ; Mr. Mossman was asked to contact the Council Members before decision was ~ made on the Findings of Fact and Conclusions. ~ _ ~ ' . MERIDIAN CITY UNCIL • ~i SEPTEMBER 3, 1 85 ~ PAGE # 6 ~ Item # 5: Publice Hearing: Variance, Preliminary & Final Plat Meridian Manor #4 & #5: ; ~; ; P~iayor Kingsford, is there a representative present? ~ Mr.. Wayne Gibbs, JUB Engineers was present to represent this :_~e~uest. Gibbs, this is a continuation of a project that was started several years aqo, there was no final plats submitted,so approval of preliminary plat has expired that is the reason for one of the Variances requested. We al'so submitted a Varaince to reduce the setbacks on Willowbrook Drive from 30 fee.t to 25 feet. The sewer trunk__ line is already in place on Willow Brook drive and the lots only have 85 feet of depth between the easement of the canal and the street. If we had been aware of 30 foot setback we would not have agreed to provide the City with an easement and then install the sewer trunk line that close to the easement. We are finishing up the property along Eighth Street and extended #5 to the East and making exit on North.Meridian Road. At the P& Z Hearing the only comments that were received was the type of housing that would be constr`ucted, the applicant is not going to build houses they are onl~y going to sell lots. The covenants address double car garages. The builders would be required to go by the current Building Codes. ~ Brewer, Gary Smith, City Engineers you have been working with these people ~ do you have any problems with Mr. Gibbs remarks? ~ ~i Smith, no,. we are.awaiting the development plans for the streets and the ; water and I did get a copy of the covenants and the revised final plat taking in to consideration my previous comments. For~the most part it does ; follow the preliminary plat that was approved several years ago. The ditch i along NW 8th will have to be tiled and that is part of their responsiblity they are taking about a 42" diameter pipe instead of~the 36". There will '~ have to be some realiqnment of the storm drain. Mayor Kingsford, the reason for the Variance is that collector street has 30 feet setback where other streets have 20 feet setback is this not ~ correct? Mayor was advised this is correct. Mayor Kingsford are these covenants the same as Meridian Manor #1 &#3? Gibbs, they are basically the same, we ~*.~w:~ote them to address the new Development Ordinance including the house s'rz'es. The liouse square footages are shown on the Plats. Mayor Kingsford is there anyone from the public who would like to enter testimony on this application? Sharon North 916 Storey Ave. Mrs. North was~~~n~ra~by Attorney Crookston Mrs. North, does the covenants state the distance between property lines, is there any specifications as to how close the building can be? MERIDIAN CITY~UNCIL ~ SEPTEMBER 3, 1985 PAGE # 7: Smith, residential structure would have to conform with the 5 foot setback as required by City Ordinance. This would be on the side yard and 15 f"t. on the back yard, this is the vertical wall. North, will NW 8th Street be as wide as it is at the intersection with Storey? Smith, will be the same width. Mr. Smith showed Mrs. North the street alignment on the plat. North, what about wood foundations? `~ Mayor Kings€ord, there will not be any wood foundati~ns. Janet Kimball, 602 Willowbrook Drive. Mrs. Kimball was sworn by Attorney Crookston. Kimball, will these be single family dwellings? ~ Mayor KIngsford, this area is now zoned R-4 and only single family resid- ents are allowed under the Zoning Ordinances. Being no other testimony Mayor Kingsford closed the Public Hearing: ; Mayor Kingsford, we have the Finding of Fact on the Variances requested ; by Bedelco which are the 25 foot setback and filing the preliminary and i final plat together. What is the Council's pleasure? You have to approve ~ the Findings, then the Variances and then the preliminary & final plat:. ~ The Motion was made by Brewer and seconded by Tolsma that~the Meridian ~~ City Council hereby adopts and approves the Findings~of Fact & Conclusions ~ as prepared by the City Attorney on the Variances requested. ~ ~ Motion Carried: Brewer, Yea; Tolsma, Yea: Myers, Yea: Giesler, Yea: , ; " The Motion was made by Tolsma and seconded by Giesler that the Variances 1, requested by Beledco on Meridian Manor #4 &#5 be approved: ' Motion Carried: All Yea: ' I ~ Giesler, when do we get to see the square footage of the house on th ~ots? I i Mr. Giesler was advised they were designated on the Final Plats and were ! in conformance with the Ordinance. The Motion was made by Brewer and seeonded by Giesler that the Preliminary and Final Plats of Meridian Manor #4 and #5 be approyed, as well as the convenants contingent upon approval of the development plans by the City Engineer. ~ Motion Carried: Al1 Yea: ~1 Item # 6: Public Hearing: Variance, Preliminary & Final Plat The Lake at j Cherry Lane #2: i . 1 f 1 ~ ~ ~ • • I I MERIDIAN CITY~UNCIL • 1 SEPTEMBER 3, 1.$5 . ~ f PAGE # 8 Kieth Jacobs, Lovless Engineering was present to represent this request.,. ; Jacobs, we are requesting a Variance because this is a Preliminary & Final ; Plat, we a~e changing the complexion that was orginally proposed under this development, we have worked with the Highway District and Planning & Zoning j and personell that represents Meridian to realign a road that was orginally ~ proposed. We now have a T intersection. The property owners are in the process of transferring this land to Mr. Barney to continue Turnberry Way ~ so we can tie into it. We do not have this agreement in our hands at this ~ time but anticipate receiving in the next couple days. We are proposing ' this as our first phase which would be 21 building lots plus the two lots f~ that will be part of the golf course. Mayor Kingsford, have you had a chance to review the proposed sprinkler design that Mr. Lovan has had drawn? Jacobs, no I have not,I talked briefly with Mr. Smith about location of power, I believe that our best bet is to hold off on that at this time until we get into the area and put the pump in this location and put the pump closer to the area where the majority of the golf course which would be developed in this area. Jacobs pointed to the plat where he was speak- ing off. Mayor Kingsford, do you plan to increase the size of the Lake as the dev- elopment proceeds? Mr. Barney, Yes: Giesler, what about road getting back out to Ten Mile? Jacobs, the location has not changed but we do not cqntrol the property at this time, but is still a firm proposal. Tolsma, this is all the comments we get, it is getting very congested back in there. I~, Jacobs, if I may,since my association with the Highway District, on Fair- ~,! view one lane will run 1300 to 1500 cars per hour, normally a residential ` lot will produce 10 trips a day, we are looking at roughly 1200 lots ~~j including the ones we are proposing we are looking at 1200 to 2000 in a ~: twelve to thirteen hour period. ,~ 1 Tolsma, when the last plat was approved there was a lot of comment on when a ~ the other street was going to be put out to Ten Mile Road. Jacobs, I would like to but unfortunatly we have no control over that property to force that issue. . Mayor KIngsford, the particular way this property has been divided has made a real problem in terms of landlocking this applicants parcel and also creating a problem in how the rest of the golf course might be developed, if you do not have some development you do not get the rest of the course started, if you get the course started you have some traffic problems. There were no other questions of Mr. Jacobs. ~ MERIDIAN CITY UNCIL • SEPTEMBER 3, 85 PAGE # 9 Mayor Kingsford opened the Public Hearing, is there ;anyone in the audience who wishes to testify on this application? i ~ Marc Tanner, representing the Cherry Lane Villa.ge Homeowners Assocation Mr. Tanner was sworn by Attorney Crookston: Tanner, I have come as a friend of the Cherry Lane V~illage Homeowners to address some of the problems those people have wh,ich is mainly access to and from this new development and I understand it is becoming a problem and these people want to speak up and aggressively indicate what these things are about the in..& out of following Interlachen though Turnberry way and finally up to this development.The,y are just beginning to do some research and this research show there is ~a conglomeration of traffic not only during the peak hours but also duri~ng the normal times. the National Traffic Bureau on how many trips might ,possibly be made per household per day and could,be up to 10 per day through this maize be- '~ fore you even get to this development. Speaking of the golf course if the other holes are developed than there will be add!itionl influx of traffic. I think the people are legitimately concern~ed not only because, of the traffic that flow regularly and the effect th~at has on their homes and even the value of their homes and activities that relate to their homes, in the streets and safety and those types of ~hings. Also there is concern with emergency vehicle access. I think th~e Homeowner's have ~a legitmate concern in that respect with the continued~ development and the riumber of homes that are plotted for this area.I think it will basically overwhelm the area, I think there has been enough pu~blic sentiment rais~~ed to require some more research before the City finall:y confirms a Variance request here. I don't think they have fully explored!~the possibilities ,of tying into Ten Mile. We would request additional t!ime to take a look at what effect the additional traffic will have on the other homeowners, i~n light of possible purchase of an easment to connect to Ten Mile..which would eliminate any problems of the entire area. Mayor Kingsford, is that the only issue the homeowr.2rs have taken a special interest :: ;in ~he traf f ic? .~ Tanner, that is the basic issue. David Davenport, 2145 Woodmont. Mr. Davenport was sworn by Attorney Crookston: Davenport,,as a representative a~id member of the Homeowners Association we wish to affirm the comments given by Mr. Tanner in expressing our concern with the amount of traffic coming through o~r current subdiv- ision from the new area. We definately feel there mu!st be some provision for another access into the subdivision. We request the City delay the approval of this development until solution of this issue. Giesler, how far is it to Ten Mile? Davenport, I would say less than Z mile. That property is owned by Ben- Fran and at one time ~vas proposed to have a road through there. There were no other comntents from the Public, Mayor Kingsford closed the Public Hearing. MERIDIAN-CITY UNCIL • SEPTEMBER 3, ~5 • PAGE # 10 Brewer, I sympathize with the people who are already in there but can't help but feel at the same time all of those homeowners who have built out there already knew full well that they were buying in an area and building in an area that was going to become a eighteen hole golf aourse and it was going to have hundreds of homes out there and I don't beleive we can hold development up just because stre,et traffic is going to be uncomfortable for a period o€ time. I believe as the development progresses the streets willbe"there, but to ask this developer to build 1500 fe.et of street now would kill any projeet. I c~an't see any problem with going ahead and approving this tonite. , There was di'scussion on using Mr. Barney's lane for emergency vehicles and during construction. Mr. Barney had no objection to this, this lane is a easement through Ben-Fran property and would only allow single lane traffic. There was more discussion by the Council on the additional access to this subdivsiion. Mr. Davenport and Mr. Tanner were involved in this discussion, as well as Mr. Barney. I Mayor Kingsford, what is the Councils' decision, we have Findings on the Variance, the Variance to approve and the PrelimLnary & Final Plat The Motion was made by Brewer and seconded by Giesler that the City Council of the City of Meridian hereby adopts and approves the Findings of Fact and Conclusions on the Variance request by Kent Barney. Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Brewer and seconded by Giesler to approve the Variance request for the filing of Preliminary and Final Plat together by Kent Barney. Motion Carried: All Yea: The Motion was made by Brewer and seconded by Myers to approve the Preliminary & Final Plat.of The Lake at Cherry Lane as well as the covenants subject to the transfer of land by Ben-Fran and approval of the development plans by the City Engineer, Motion Carried: All Yea: Item #7: Pre-Termination Hearing Water/Sewer/Trash Delinquencies: Mayor Kingsford,. you have been informed in writing , if you choose to, you have the right to a pre-termination hearing before the Mayor & Council to app~~Y~:t.:_;~ in person to be judged on facts and defend the claim made by~ the City that your water/sewer/trash bill i s delinquent. You may retain Counsel. Is there anyone in the audience who wishes a hearing? No one Was present. ~ Due to their failure to pay their water bill or to present any valid ~i reason why the bill has not been paid, their water shall be turned off ~~ on September 10, 1985. In order to have their water turned back on,there '; will be an 'additional fee of $10.00. They are hereby informed that they ~i ~ MERIDIAN CITY~UNCIL ~ • ~ SEPTEMBER 3,. 5 ~ PAGE # 11 4' may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, Pursuant to Idaho Code. Even though they appeal their water will be shut off. The Motion was made by Myers and seconded by Brewer ,o approve the turn- off list. Motion Carried: All Yea: ; Mayor Kingsford, the amount of the delinquencies is $6,526.70: ~ ~ ~ Item # 8: Approve the Bills: t i The Motion was made by Tolsma and seconded by Giesler to approve the bills: Motion Carried: All Yea: Item #9: Public Hearing: 1985-86 Annual Budget: Mayor Kingsford opened the Public Hearing, is there anyone present who wishes to testify on the 1985-86 Budget. No one was present, the Public Hearing was closed. ~ Item #10: Annual Appropriation Ordinance #452: Mayor Kingsford, An Ordinance making an appropriation of money for all necessary expenses and l.iabilities of the City of Meridian, Ada County, Idaho for the fiscal year beginning the first day of October 1985, and ending the thirtieth day of September, 1986,~this Ordinance being known as the annual appropriation bill, and declaring an emergency,is there anyone present who wishes Ordinanae#452 read in its entirety? No comment. The Motion was made by Tolsma and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three dtiEferent days be dispensed with and that Ordinance #452 as read be passe~d approved: Motion Carried: Roll Call Vote: Brewer, Yea: Tolsma, Yea; Myers, Yea: Giesler, Yea: ~ Item #11: Ordinance #453: ~ Mayor Kingsford, An Ordinance amending the Meridian Comprehensive Plan ! which amendment designates the Northeast quadrant of`the intersection ~ of Eagle Road and Interstate 84 as a site for a Regional Shopping Center and changes the Comprehensive Plan to allow more than one site as a i, site for a Regional Shopping Center, and which amendment designates the Northeast quadrant of Eagle Road and Franklin Road a5 being included in i the Eastern Industrial review area and establishing an effective date, j Is there anyone in the audience who wishes Ordinance #453 read in its ~~~ entirety? There was no one present. The Motion was made by Myers and seconded by Tolsma that the rules and provisins of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #453 as read be passed and approved. MERIDIAN CITY~UNCIL SEPTEMBER-3., 5 . PAGE # 12 Motion Carried: Roll Call Vote: Giesler, Yea: • Brewer, Yea: Tolsma, Yea: Myers, Yea: Item # 12: Ordinance # 454: ; ~~ Mayor Kingsford, An Ordinance amending Title 2, Chapter 1, of the revised and complied Ordinances of the City of Meridian, entitled Building Code, by repealing Section 2-101 entitled adoption of Building Code and adopt,- ing a new Section 2-101 entitled adoption of the Uniform Building Code and the Uniform Building Code Book of Standards, Is there any present who wishes Ordinance #454 read in its entirety? There was no response. The Mot.ion was made by Myers and seconded by Brewer that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #454 as read be passed and approved. ~ Motion Carried: Roll Call Vote: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Yea: Item #13: Ordinance #455: Mayor Kingsford, An Ordinance amending Title 2, Chapter 10, of the revised and complied Ordiances of the City of Meridian, entitled Fire Codes, and adopting the 1985 edition of the Uniform Fire Code, is there anyone present who wishes Ordinance #455 read in its entirety? There was no response. The Mot.ion was made by Giesler and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions reguiring that Ordin- anaes be read on three different days be dispensed wkth and that Ordinance #455 as read be passed and approved: , Motion Carried: Roll Call Vote: Brewer, Yea; Tolsma, Yea: Myers, Yea: Giesler, Yea: Item #14: Amendments to the Zoning & Development Ordinance: Mayor Kingsford, we have had these for some time and I will ask Counselor to make comments on this. Crookston, these are the changes that were started by the Planning & Zoning Commission, the one item that changes is the having a special. ~ zone RSC for any regional shopping center area, this is changed from the C-G Zone, the rest of the changes refer to some zone changes that were not incorporated in the Ordinance when passed, changing the hearing requirements on mailing of notices, some changes in Lhe Subdivision Ordinance as far as division of property. Mayor Kingsford, any questions of the Counselor by the Council? There were none. Council will need to approve the Findings as prepared by the Attorney for the Planning & Zoning Commission with the notation that hearing was held before the Council on June 17, 1985 at which time no comments or testimony was presented . MERIDIAN CITY~UNCIL ~ SEPTEMBER 3, 5.. PAGE # 13 The Motion was made by Myers and seconded by Tolsma to approve and adopt the Findings o€ Fact and Conclusions of Law as prepared for the Planning and Zoning Commission on the Amendments to the Development & Zoning Ordinance and that a Public Hearing was held before the City Council on June 17, 1985 on these Amendments and no other testimony was received. Motion Carried: Roll Call Vote: Giesler, Yea; Myers, Yea: Tolsma, Yea; Brewer, Yea: Mayor Kingsford, the City Attorney has prepared an Ordinance reflecting these changes, does the Council wish to act on this Ordinance? It was the consensus of the Council to act on the Ordinance. Mayor ~i~:gsf~ord prdinance #456, an Ordinance amending'the Zoning Ord.inance of the City of Meridian by.changing the definition of Community Shopping Center, Neighborhood Convenience Center, and Regional Shopping Center,by the addition of a Regional Shopping Center District, by amending the ~oning schedule of use control, the zoning schedule of bulk and coverage controls, the legend for zoning maps, by amending the notice of hearing requirements, by amending the conditional use requirements in OLd Town, by rezoning some specific parcels to conform the zoning to the existing use, by adding a new section that would allow the City to impose site planning review, and amending the Subdivision and Development Ordinance when a Final Plat must be recorded, by amending the Lighting section, by adding a new section providing for the removal or reduction of some platting requirements, and providing for an effective date. Is there any- one present who wishes Ordinance #456 read in its entirety?Ther~ was no response. The Motion was made by Tolsma and seconded by Brewer that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance #456 as read be passed and approved; ~ Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea; Tolsma, Yea; Brewer, Yea: Department Reports: City Engineer, Gary Smith: Mayor and Council I have reviewed the Bids for the Fire Hydrant Project and recommend the City accept the low bid of $13,605.00 by ~asco, Inc. The Motion was made by Tolsma and seconded by Brewer~to accept the low bid of $13,605.00 by Masco, Inc. for the Fire Hydrant Project. Motion Carried; All Yea: City Clerk, We have received a request for an extension of time for the filing of the Final Plat on Crestwood Industrial Park, this is due to the problem they have had in obtaining the necessary signature on the Plat. The Motion was made by Myers and seconded by Tolsma to_grant a one year extension for filing the Final Plat on Crestwood Industrial Park. iy. MERIDIAN CITY" UNCIL ' ~ SEPTEMBER 3,.~5 • ~ PAGE # 14 ~ , , Motion Carried: All Yea: I 1 Being no further business to come before the Council the Motion was ~~ made by, Myers and seconded by Tolsma to adjourn at 9:30 P.M. I; ~~ Motion Carried: All Yea: ~ I ~ ~~ (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ ~~ GRANT KINGS RD,~ YOR ~ ~; ATTEBT: ~ ~~ , k a ~--~ ~; Jac Niemann, ity Clerk , : Mayor Council P & Commission Atty., Fire, Police Eng., Ward, Stuart, Kiebert, Mitich Valley News, Statesman Hallett, ACHD. NIMD, CDH, ACC, ACZ, APA BRA. Mail: (4) F'ile. (6) . ~ ENGINEERING 1011 WILLIAMSSTREET•BOISE,IDAHQ83706•(208)344-5509 September 3, 1985 Mayor and Council Ci ty of Meri di an ?28 Meridian Street Meridian, Idaho 83642 Attention: Jack L. Neiman, City Clerk Re: Crestwood Industrial Park CTM 36-D Gentlemen: A final plat of the subdivision of the Crestwood Industrial Park was submitted for Council approval in the summer of 1984. The Council approved the subdivision plat at that time. Due to some problems encountered in obtaining the si~natures of all the present owners of the property within the plat, no apparent action has transpired before the Council in the intervening time period. We are presently close to havin~ the plat ready for final approval and recordin$, but have been advised that the one-year approval period has expired. On behalf of the owners, we respectfully request an extension of this approval period. Very truly yours, ~ r ~--- ~ ~ ` Jo n W. Matzin~er, P. E. J WM: mkc cc: Crestwood, Inc. `~ ENGINEERS • SURVEYORS • PLANNERS • CONSTRUCTION MANAGERS , ~ . ~ ~. ~,. ' ~ ,: . ' •/ AMBROSE, FITZGERAID SGROOKSTON Attorneys and Couneelors P.O. Boz 427 Meridlnn, Idoho 83812 Telephone 888~4461 . ~ ~ o . ~'G ~ ORDINANCE NO. J~ / ~ , AN ORDI'NANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MERIDIAN BY CHANGING THE DEFINITION OF COMMUNI~TY SHOPPING CENTER,' NEIGHBORHOOD CONVENIENCE CENTER, AND REGIONAL.SHOPPING CENTER; BY THE ADDITION OF A REGIONAL $HOPPING CENTER DISTRICT; BY AMENDING THE ZDNING SCHEDULE.OF USE CONTROL, THE'ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, THE LEGEND FOR ZONING MAPS; BY AMENDING THE NOTICE OF HEARING REQUIREMENTS; BY AMENDING THE CONDITIONAL USE REQUIREMENTS IN OLD TOWN; BY REZONZNG S.OME SPECIFIC PARCELS TO CONFORM THE ZONING TO THE EXISTING USE; BY ADDING A NEW SECTION THAT WOULD ALLOW THE CITY TO IMPOSE SITE PLANNING REVIEW. A.ND,AMENDING THE SUBD~VISION AND DEVELOPMENT ORDINANCE OF THE C'I~.TY OF MERIDIAI~T BY AMENDIN;G THE REQUIREME,NT ' AS TO WHEN A FINAL P'L'AT MUST BE RECORDED AND PROVIDING FOR AN EXTENSION PERIOD; BY ~AMENDZNG",TH;E LIGHTING SECTION OF THE ORDINANCE; BY THE'ADDITION , OF A NEW SECTION PROVIDING FOR THE REMOVAL OR REDUCTION OF SOME 'rPLATTI;NG REQUIREMENTS FOR SOME PARCELS. OF LAN~D; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Meridian Zoning and the Meridian Subdivision and Development Ordinances were adopted in Apri1, 1984, and since that time, after working with and administering the Ordinances, needed changes have become apparent; and WHEREAS, The Mayor and City Council have adopted Findings af Fact and Conclusions pertaining to the proposed amendments; and il •i ~ a • WHEREAS, Th.e Mayor and the City Council of the City of ~- Meridian, State of Idaho, have concluded that it is in the bes~ interests of said City to amend the Meridian Zoning Ordinance and ~ th.e Meridian Subdivision and Development Ordinance effective as s.et forth hereinafter; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL ,~OF THE.C~ITY OF MERIDIAN, ADA COUNTY, IDAHO: ~ ~SECTION l. That Section 11-2-4U3 B, DEFINfiTIONS, of the ~~ zoning Ordinance, definit,ions COMMUNITY SHOPPING CEN.TER ' ~ (COMMER;CIAL).,~.NE~IGHBORHOOD CONVENIENCE CENTER (COMMERCIAL), and V` , REGTONAL SHOPPING CENTER (COMMERCIAL), are hereby repealed. _. / j~ '~SECTION 2. ~That Section 11-2-403 B. DEFINITIONS, of the zoriingnordinance, is he.reby amended by the addition thereto of the following new definitions: "COMMUNITY SHOPPING. CENTER (COMMERCIAL) - A shopping center the size o'f which generally falls between neighborhood and regional shopping centers. Generally 100,0-00-400,000 square feet of gross floor space on a site of 8 to 30 acres" AMBROSE, FITZGERALO &CROOKSTON Attorneys and Counselore P.O: Boz 427' Merldlan, Idaho 83842 Telephone 888-4481 "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, drug.s and sundries) and personal neighborhood services f.or the day-to-day living of the immediate Y! ~ , neighborhood within which it is located.° "REGIONAL SHOPPING CENTER (COMMERCIAL) - The largest of , shopping centers which is a1l-inclusinve and self-sufficient with at least two (2) large department stores as the major tenants and generally serves'a population of approximately 150,U00 or more. It is a center having over 750,000 square ~ feet of gross floor space and be located on a site greater than 75 acres.° ` ~, , AMBROSE, _ ~ ; FITZGERALD . SCROOKSTON ~ Attorneys and J Counselora ' P.O. Box 427 Meridlan, ltleho 83842 TeleDhone889-4481 SECTION 3. That Section 11-2-408 B., ZONING DISTRICTS, is hereby amended by the addition of a new Zoning District known as, the REGIONAL SHOPPING CENTER BUSINES,S DISTRICT'(RSC) and said new ~ sub-section shall be num~bered as Section 11-2-408 B. 8. with the present Section 11-2-408 B. 8. becoming Sect~ion 11-2-408 B. 9. and the subsequent Zoning Districts in.Section 11-2-408 B. shall be re-numbered to reflect the addition of the~ RSC District and the necessity to re-number the remai~ning listed Zoning Districts; that the new Section 11-2-408 B. 8. shall read as follows: "8. (RSC) REGIONAL SHOPPING CENTER BUSINESS DISTRICT: The purpose of the RSC District is to provide for and per-' mit the estabTishment of general and retail business uses that are intended to, and will serve, the entire , region of the Treasure Valley; to permit business uses " that would be of a larger scale than in the Community ~~c • Business District; to permit the development of a regional shopping center or mall with adequate off- street parking facilities and associated site amenities to serve customers and employees; to prohibit strip , commercial and enco.urage the clustering of regional commercial enterp.rises. All such districts shall be lo- cated in close proximity to major highway or principal arterial streets. Al1 such districts shall be connected to the Municipal water and sewer systems of the City of Meridian.° ' SECTION 4. That Section 11-2-409, SCHEDULE OF USE' CONTROL~, f , ~~ , , ~-. AMBHOSE', ~ FITZGERi4LD BCROOKSTON Attomeys end Counseloro P.O. Box 427 Merldian, Idaho 83842 Telephone 888-4481 of the Zoning Ordinance, is hereby amended by the addition thereto of the (RSC) REGIONAL SHOPPING CENTER BUSINE.SS DISTRICT ~ a~rid is further amended snch that the permitted uses in the RSC District ~are show.n as set forth in Exhibit "A"; that attached . . ; . ~ ~.. hereto as Exhibit "A" and incoporated herein as if set forth in ~full is the Section 11-2-409, SCHEDU.LE OF USE CONTROLS, as j amerided:`~ SECTION 5. That Section 11-2-410A, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, of the Zoning Ordinance, is hereby amended by tfie addition thereto of the RSC District and its schedule of Bulk and Coverages as shown in Exhibit "B°; that attached hereto . as Exhibit "B" and incorporated herein as if set forth in full is Section 11-2-41UA, SCHEDULE OF BULK AND COVERAGE CONTROLS, as amended. r • .' SECTION 6. That Section 11-2--425, LEGEND FOR ZONING MAPS, of the Zoning Ordinance, is hereby amended by the addition thereto of the RSC District as shown on Exhibit "C"; That attached hereto is Exhibit "C" and incorporated herein as if set forth in full is is Section 11-2-425, LEGEND FOR ZONING MAPS, as amended. SECTION 7. THAT SECTION 11-2-416 F. 1., Hearing, of the Zoning Ordinance, is hereby repealed. SECTION 8. That.a new section to be known as 11-2-416 E. 1., Hearing, of the Zoning Ordinance, is hereby adopted and shall read as followst ~ ', "1. Hearing: The Council shall eonduct at least one (1) ~ public hearing following the notice requirements con- tained in 11-2-416 E. 2. and the applicant having given notice as required in 11-2-416 E. l., provided however, the.applicant need only mail the notice by ordinary first class mail and provide verification under oath as to who he mailed the notice to, each address to which he mailed the notice and that he in fact so mailed it postage prepaid iri full. Also pro- vided, that in the case of a variance' which is only heard by the Council, the appTicant.shall follow the 3 1 , AMBRQSE, ' ' ~FITZGERALD_ ~ S CROOKSTON ' Attorneysand " Counaeloro P.O. Box 127 Merldian, ldaho + 83842 Telephone'88&4~81 certified mailing procedures under 11-2-416 E. l." SECTION 9. That Section 11-2-407 p., USES NOT SPECIFICALLY PERMITTED OR LISTED IN DISTRICTS, of the Zoning Ordinance,~ is hereby amended by the addition of new sub-section which shall be J - ~ ~ ~~~~ II~ ~ ~~~: ~ • ~ known as 11-2-407 D. 3. and~which section shall read as foTlows: "3. It is to be noted that all uses in the Old Town Dis- trict have been stated as Conditional Uses. However, many and varying uses presently exist in Old Town which may be maintained and new uses of the same or similar nature on the same parcel of property may not need to , obtain a conditional use permit for that new use. The Zoning Administrator will provide a statement, if re- i quested, that a conditional use need be obtained or • ~ need not be obtained. He may also refer the request . ~ to the City .Council." ~ Section 10. That Section 11-2-425, Official Zoning MapS, of. the Zoning Ordinance is hereby amended to reflect the following ,~ changes in zoning for the specific parcels set forth below and ~~ _' ~_ ~~th.ose specific parcels are hereby rezoned as follows: ,~~, ~, a: Lot 1 Blk l, Lot 1 Blk 2, S 40 feet of Lot 2, ~ + a `, ~'° Blk 2, of Teddy Suddivision ~~ ' .~ f From R-4 to (C-N1 ~ b. Lots 1-5 Blk 2, Bown's Amended Addition ' Lots 1-6, Blk 8 Bowers Second Addition ~ From Commercial to Old Town , c. N 250 feet of the Tromburg-Gentry-Lane Annexation From R-8 to (C-G) AMBROSE, d. Lots 16 & 17 Blk 2, Bowe.rs Addition FITZGERALD ' &CROOKSTON Attorneys and Counselors ` ~ P.O. Box 427 ~ Meridlan, Idafio 83842 Telephone BB9-1481 • AMBROSE, FITZGERALD SCROOKSTON Atlorneys end Counaelors ~ F.O. Boz 427 Merldlan, Idaho 83812 TelephoneB88J181 • From Old Town to (C-N) e. That portion of the Gentry Property North of Five Mile Creek which Gentry Pro:perty was included in the Tromburg-Gentry-Lane Annexation From R-8 to (C-G) ' f. 1625 W. Pine From R-4 to Limited Office g. 540 W. Cherry Lane , - From R-4 to Limited Office ' Section 11. That Section 11-2-410 is hereby amended by the , addition'the.reto of:`a new Section to be known as 11-2-410 C, SITE . PLANNING REVIEW which section shall read as follows: .. ~.~ ~ - "11=2-41U C SITE PLANNING REVIEW ; In addition to any other requirements contained in ,. , this Zoning Ordinance or in the Subdivision Ordinance, the City in its discretion may require, as a condition of approval, that any use, development or construction ° have the plans, design, plat, speci.fications, drawings, actual construction, landseaping, etc., reviewed and approved by the City. The purpose of this review is to ensure that development and construction occurs as it ; is represented it will occur. Any violations of the representations or conditions of approval shall be ~ violations of this Ordinance or the Subdivision Ordinance. ~ , ~ AMBROSE, , FITZGERALD &CROOKSTON Attorneys and Counsetore P.O.'Boz 427 Melidlan, ldaho 83842 Telephone889-~481 u • Section 12. That Section 11-9-604 I. 1. of the Subdivision and Development Ordinance is hereby repealed. Section 13. That Section 11-9-604. I. i's hereby amended by the addition thereto of a new section which shall be known as. Section 11-9-6-04 I. 1, which shall read as follows: "1. Approval Period - Final plat s:hall be filed with the County Recorder withi.n one E1) year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for ~ by the appTicant and gran.ted by the Council. The Council may authorize an extension of the final plat for a period not to exceed one (1) year from the end ~ ' of the original one (1) year period. Any request for an extension must be filed with the zoning administrator prior to the lapse of the original one year and must be in writing. Section 14. That Section 11-9-606 B. 13. of the Subdivision and Development Ordinance is hereby repealed. Section 15. That Section 1T-9-606 B. is hereby amended by the addition thereto of a new section which shall be known as Section 11-9-606 B. 13. which section shall read the same as the City of Boise's Lighting Ordinance which Qrdinance is hereby adopted by reference as authorized by law. Three {3) copies of ; said Lighting Ordinance shall be maintained on file in the office , , • • ! of the City Clexk, City of Meridian. Section 16. That Section 11-9-604 A is hereby amended by the addition thereto ~of a new paragraph following the original paragragh which shall read as follows: "Notwithstanding the definition of subdivision contained in 11-2-403`B, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previously recorded and the required improvements made thereon, he may do so w:ithout going through the entire platting pr,ocedure required by this Ordinance. He . ; ~ ` T AMBROSE, ~ FITZGERALD '8 CROOKSTON Attorneys and Counselors P:O. Box 127 Mer{dien, Idafio ' .83812 Telephone 888J481 shall howeve.r submit an Application for Re- Subdivision showing the exiSting lot and how the ,' lot is proposed to be re-subdivided. The City shall th.en determine what requirements of this Ord'inance sh,all be compiled with by the applicant. The City may Y_ ~ `, require full compliance if deemed necessary. i . _ The provisions of this paragraph pertaining to the ~ . reduction in platting requirements of certain parcels may apply to previousTy unplatted and unsubdivided ground upon application to the City Council. Section 17. EFFECTIVE DATE: WHEREAS, there is emergency is hereby declared to n emergency therefor, which exist, this Ordinance shall take effect and be in full force and effect from and after its • ~• passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~'C day ~, N-~~~ ,]:985. APPROVED: . . . ~ ~ ~; ~ ; _ , _, y ', , ~ F. ~. #'~, AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. 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I Y w I tg 0 -: W O •,1 o ~ ~ aa . .+ ~ ,1 .~-1 a~i al •~1 QI V V h + ; ; ~ . ~ i G~ ~ ~ ~, u b~ A '~ ~dI z z ,~~ ~~ a. «-, ~ ~ ~o~ a ~~ o ~~ c o g $ ~ aiI ~~ ~ ~ ~~ ° . = b ~ Y •r4 a~. OY o °~`~o o ~ o `a~ ~ ~o ~ ., ~u 3 ~ . .-~ ~ .S ~ ~ ~ c i w ! •. A ~~ ~ ri ~ b:'0 O r1 O rf O ~f ~ ~ ~ .-1' a~ Oy E~ t~ i ~ ~ O 'C /n NI V' ~ owAi . ~ ~ .~ ~. _ ,. ~~~ ° 0 N 0 0 i-1 , I N p ~ • I~ u ~ a. ~ .a , . 1 Ir) 1r1 ~ ~ . m O Y v ~+ '~ ~ t A C a ~ w •.r o ~~~ ~ - . ao u .~+ a A w .-~i ~ ~ x A o ~ u ~ u ~ N ~ O O~ C iA ~ - py ~Ii~.~b a ~w v ~ ~ + .~ ~- i a. i ~ q Q ~ ~! ~ ~ M = ~ fANlC ...... ~N(+1i~ v v v ~ ~ ~ ` 4 ~ x k:b~} ~~ ~" ., OFFICIAL ZONIN(T KAP3 City of NBRIDIAN, IDAXO ~ Pas~~d aud ~pprov~d, By~ City Council, April 2, 198,4 . . . Mayor, CITY OF MERIDI , ,,o~t,.... FOR ZONING l111PS R-4 R-8 R-/5 C-N ~'~i R3 G ~T C-G L-O I-L I M FP MltR ........... 34+35 , I I ` Low Density Residential Medium Density Residential High Density Residential Neighborhood Commercial Community Coaimercial . tdli w t f~-~~~iw~ Ge.w~sr 8.4~:wcsa D~~~~~' General Reta11 and Service Commercial Limited Office Liqht Indu~trial Industrial Mininq Flood Plain llixed Use Review District Limits Meridiau~ City Limits Land Outside Meridian City Limits Section Cornec -92- i i~ ~ i~ =~ ~ . . _ a ' ORDINANCE NO. 7~'_ AN ORDYNANCE AMENDING TITLE 2, CHAPTER 10, OF THE REVISED AND ~ COMP~ILED ORDINANCES OF THE CITY OF MERIDiAN, ENTITLED FIRE CODES, BY ADOPTING THF 1985 EDITION O'F THE UNIFORM FIRE CODE. v i ' ,~ ' t ., . . . , ,r .~ ., ~.: ., : _ .• . , WHEREAS,; tlie City C.ouncil and the Mayor of the City of . Meri:dian,have.concluded that it is in the best interest of sai:d C~ity to amend Title 2,, Chapter 10, Section 2-1001 (A), FIRE CODES, - ; ADOPTION OF FIRE CODES. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 2, Chapter l0, Section 2-1001(A), FIRE CODES, ADOPTION OF FIRE CODES, sha1,1 be and the s.ame is here- by amended by adopting the 1985 Edition of the Unifor.m Fire Code, and Section 2-1001 (A) shall read as follows: 2-1001: ADOPTION OF FIRE CODES: (A) Uniform Fire Code. The Uniform Fire Co;de is adopted for the pnrpose of regulating and governing conditions hazardous to life and property from fire. The Uniform Fire Code, 1985 Edition, is hereby adopted, Said Fire Code,, three (3) copies of which shall be on file at~all times in the office of the~Clerk of the City.of Meridian, shall be made a part of thi.s Code as if set out in length herein. Sect.ion 2. WHEREAS, there is an emergency therefor, which, emergency is declared to exist, this Ordinance shall take effect a:nd be in force from and after its passage, approval and publica- tion as required by law. AMBROSE, II ~ ~ FITZGERALD &•Cfi00KSTON ' Attorneys antl Counselors ,P.O. Box 427 Merldlan, Itlaho 83842 Telephone88B~4gt ~-i - - ,,•., ~ Yj ' • PASSED by the City Council and approaed by the Mayor of the City of Meridian, Ada County, Idaho, this ~~ day of ~ _ ~~ , 1985. APPROVEDi - v ` ` '~1 MAYOR - Grant . Kingsford ~ , • , ~ ' ~.' ~; ., ~~ _ ' ~ , ~ ' '. , ' , ; ' 3 - . . ~ ' . ~ ti ' ~ - . AMBROSE, ~ ~ FITZGERALD & CFi00KSTON Attorneys and Counselors P.O. Box 427 Meridlan, IdaAo 83842 ~ Telephone 888~481 :~. ~_ ' ~~ , f ~ ,. . AMBROSE, FITZGERALD - BCROOKSTON Attorneys and ' Counselars P.O. Box 427. Merldlan, Idaho 63842 ~ TelepAone,888J~81 ..' . •. ORDINANCE NO. ~ ~y , AN ORDINANCE AMENDING TITL.E 2, CHAPTER 1, OF THE REVISED.,AND COMPILED ORDINANCES OF THE C'ITY OF MERIDIAN, ENTITLED BUILDING CODE, BY REPEALING SECTION 2-101 ENTITLED ADOPTION OF BUILDING CODE AND ADOPTING A NEW SECTION 2-101 ENTITLED ADOPTION OF THE .• U~NIFORM BUILDING CODE AND THE UNIFORM BUILDING CODE BOOK OF S'TANDARDS. ' WHEREAS, the City Council and the Mayor of the City of ~~ ~ ~• ~ ~ !Merid:ian have concluded that it is iri the,best interest of said City.to amend Title 2, Chapter 1, Section 2-101 by repealing the 'present Section 2-101 and adopting a new Section 2-101 to be entitled Adoption of the Uniform Building Code and the Uniform ' Building Code Book of Standards. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAH.Oc Section 1..~That Title 2, Chapter 1, shall be amended by the repeal of Section 2-101 there.of and the adoption of a new Section 2-101 to be entitled ADOPTION OF THE UNIFORM BUILDING CODE.AND THE UNIFORM BUILDING CODE BOOK OF STANDARDS and to read as follows: 2-101 ADOPTION OF THE UNIFORM BUIL'DING CODE AND THE UNIFORM ~ BUILDING CODE BOOK OF STANDARDS: There is hereby •' .~ ~ ; adopted~by the City of Meridian for the purposes of establiShing ~, r ~ '-~~' rules and regulations for the constru•ction, alteration, removal, demolition, equipment, use and occu;pancy, location and - ~ • ' ma:intenance ,of buildings and structures,. including permits and penalties, that certain building code known as the UNIFORM BUILDI:NG CODE, 1985 EDITION, of which not less than three co:pies have been and now are filed in the Office of the Clerk of the J City of Meridian, and the same are hereby adopted and ~ incorporated as fully as if set out at length herein, and from the date on which this Ordin;ance shall take effect, the provisions thereof shall be cont.rolling over the construction of all buildings and other structures therein contained within the corporate limits of the City. There is also hereby adopted the • Uniform Building Code Book of standards, three copies of which have been and now are filed in the Office of the Clerk of.the ; City of Meridian; provid,ed, however, that the following exceptions shall apply to the Uniform Building Code Book of • Standards: AMBROSE, FITZGERALD B,CROOK$TON Attorneys and ~Counselors P.O. Box 427 Meridlan; Idaho 83842 Telepfione 888+4181 "Regardless of the provisions of the Uniform Building Code Book of Standards, the City of Meridian shall not allow gravel to be used fo.r foundations in the construction of any building within the City of Meridian, and regardless o€~any of the provisions of the Uniform 8uilding Code, particularly FOOTINGS, section 2907 (a) General, or of the Uniform Building ~ ~. ~ .~~ ' •, ~~ Code Book of Standards, the City of Meridian shall not ~ allow wood, treated or otherwise,~ to be used for ' footings or foundations. ° Seation 2. WAEREAS, the-re is an ~emergency therefor, which • emergency is declared to exist, this Ordinance shall take effect . and be in force from and after its passage, approval and publication as required by law. ~ `• ~ PASSED by the City Council and approved by the Mayor of the , ` ' City of Meridain, Ada County, thi~r ~.day, o ~ c M c~-' ~.9~85 . 4 . ~ ', ~ ~ ! , ' ~ ' , , ~: • ~, ~ ~ ;~ - ~ ATTEST : ~_ _ .I AMBROSE, FITZGERALD 6CROOKSTON Atlorneysand Counselors P.O. Box ~27 Merldlan, Idaho 83842 Telephone.88B-4481 ~ ~~ ~. APPROVED~~: ~ ~ GRANT F.'KT FOR MAYOR ~ ; ~I , CITY CLERK I ~~ • , ,. ORDINANCE NO.~_ i AN ORDINANCE AMENDING THE MERIDIAN COMPREHENSIVE PLAN WHICH AMENDMENT DESIGNATES THE NORTHEAST QUADRANT 'OF THE INTERSECTION ' OF EAGLE ROAD AND INTERSTATE 84 AS A SITE FOR A REGIONAL SHOPPING ~ CENTER AND CHANGES THE COMPREHENSIVE PLAN T0, ALLOW MORE THAN ONE ' SITE AS A SITE FOR A REGIONAL SHOPPING CENTER; AND WHICH AMENDMENT DESIGNATES THE NORTHEAST QUADRANT OF EAGLE ROAD AND FRANKLIN ROAD AS BEING INCLUDED IN THE EASTERN INDUSTRIAL REVIEW ' AREA; AND ESTABLISHING AN EFFECTIfiIE DATE. WHEREAS, the Meridian Comprehensive Plan was adopted on ' September 18,, 1979, as Ordinance No. 331 and was amended in April ~ 2, 1984 and amended again on February 19, 1985; that since the , adoption of the Plan, various and substantial changes have ~ occurred in the area and that changes have occurred in the actual conditions of the area including developments and transportation changes; WHEREA'S, the Mayor and City Council have adopted Findings of j, ~ ; Fact and Conclusion.s pertaining to ttie Comprehensive Plan , Amendment; _ WHEREAS, the Mayor and the City Council of the City of ~ - , ~ Meridian, State of Idaho, have concluded that it is in the best interests of said City to ame~nd t'he Meridian Comprehensive Plan ~ AMBFiOSE, ~FITZGERALD SCROOKSTON ~ Attorneys and Counpelors 1 .P.O. Box 127 Meridlen, ~daho ' 1. 83842 Telephone 888-1481 ; ~ , ~. ~ • • , - . ' effective as. set forth hereinafter; ;' V 4 i . ~~. ~ NOW,_~,THER,EFQR~;, BE IT ORDAINED BY THE~ MAYOR AND CITY COUNCIL - .. ~ _. , OF THE;CI;TY OF. MERIDIAN, ADA COUNTY, IDAHO: ~ ~ , '~ ' /~' . ~ ~ S~ECTION~T. That the Meridian Policy Diagram as shown in the Meridian Comprehensive Plan on page 7 is hereby repealed.~ Section 2. That the Meridian Policy Diagram attached hereto ~ as Exhibit "A" is hereby adopted as. the Meridian Policy Diagram; the~Policy Diagram shall be such that the Northeast Quadrant of ', Eagle Road and I-84 is designated as a regional shopping center ~ site and the Northeast Quadrant of Eagle R,oad and Franklin Road . is designated as being part of the Eastern Industrial Review ~ Area; and. such changes are hereby adopted; that said Meridi,an ~ Policy Diagram is hereby adopted by refere:nce as part of the Meridian Comprehensive Plan which adoption by reference is ~. allowed by authority of Sections 67-6509 (C) and 50-901, Idaho ' Code; that said Meridian Policy Diagram shall be shown in the ~ Meridian Compre.hensive Plan on Page 7; that the Meridian Policy ~ , Dia ram hereb ado ted indicates that the Northeast Quadrant of g y P Eag,le Road and I-84 is designated as~ a regional shopping center ' ~ sit.e and the Northeast Quadrant of Eagle Road and Franklin Road ~ is designated as being.part of the Eastern Industxial Review Area ~ when compared to the Meridian Policy Diagram repealed in Section ; 1 above. Section 3. That paxagraph f.ive on page 12 under III ~ POPULATION GROWTH, is herebg repealed.' . A'MBROSE, ' FIT,ZGERALD 6CROOKSTON ~ Attorneys and ~ ~ (~i0U119910f9 . , ~ F.O.Box427 2 •Merldian, Ida~o '. 83842 Te I e p h o n e~ 888 ~-4481 . . . •~ , • ~ i ~ AMBROSE, FITZGERAID & CROOKSTON Attorneys end ' CounaeloYs P:o. eoz a27 ~ Meridlen, Idaho 838A2 Telephone 888-~481 Section 4. That the following paragraph is hereby adopted as paragraph five on page 12 under III, POPULATION GROWTH and which paragr.aph reads a.s follows: ~ "The above projections axe estimates of what may happen as the new wastewater treatment plant and its interceptor and collection lines are fully operational ~ or when a proposed regional shopping center becomes a. - reality, or as industry locates w'i'thin the area. The ~. projections at this point give the: City of Meridian ', • , ~~. a general framework from which to `plan in order to ~, accommodate anticipated popul.ation growth and the . ;. ~ resultant develo.pment needs and~ community services the City wil.l face in the years ahead." Section 5. Page 18, POLICIES, number 3 under EASTERN INDUSTRIAL REVIEW AREA is hereby repealed. Section 6. That on page 18, a new policy number 3, under POLICIES of EASTERN INDUST~RIAL REVIEW AREA is hereby adopted and which shall read as follows: °The character, site improvements and type of industrial developments should be harmonized with the residential area to the south (on the upper bench), the contiguous residential area to the east and north, and a proposed site of a regional shopping center.~in the ~ ~ northeast quadrant of the Intersection of Interstate 84 and Eagle Road.° 3 .' • , ~ ,% ; _ ~ ~ ~ AMBROSE, FITZGERALD , 8 CROQKSTON Attorneys and ~ Counselora . P.O: Box 427 Meridlan, Idaho 83842 Telephone 888-4481 Section 7. Page 19', under COMMERCIAL ACTIVITY CENTER5, paragraph entitled Regional Shopping Center it is hereby repealed. Section 8..Page 19, under COMMERCIAL ACTIVITY CENTERS a new paragraph is adopted entitled "Regional Shopping Cen'ter" which shall read as follows; "Regional Shopping Center: As the largest of the ~ Gommercial Activity.Cent:ers, it is designed to serve ~ Ada County and the surrounding counties which make up~ the Treasure Valley. Sites for possible regional , ~ ~ s:Yiopping centers have been designa.ted in the northeast ,,, - •, . quadrant of the I-84/Kuna Meridian Road interchange -,: ~ ;• ~ , ~- '~~ and in the northeast quadrant EagTe Road/Interstate 84 interseetion." : Section 9. Page 20, par.agraph REGIONAL SHOPPING CENTER and the Folicies thereunder except for policy 3 are hereby repeaTed. Section 10. That on page.20, a new paragraph and the first two polieies thereunder are hereby adopted and shall read as follows: "REGIONAL SHOPPING CENTER Meridian is encouraging, and has in the past encouraged the development of a regional shopping center. A`s the geographic center of Treasure Valley, Meridian possesses ideal locations for such a center. Such a regional shopping center w,ould have a 4 i ~ ~ • . significant impact upon the eeomony and enviroment in Meridian. Such a center would provide a wide variety of retail enterprises and supporting commercial uses such as office complexes, medical clinics, motels and entertainment facilities. Th.erefore,, Meridian is encouraging the development of a regional shopping near the Meridian/Kuna Road freeway interchange or at the northeast quadrant of the Eagle Road/Interstate '84 intersection, or at both such locatioris." POLICIES 1. It is the policy of the City of Meridian to encourage and support the development of a Regional Shopping Center at either or both sites listed above. Either site could become a core com- mercial activity cen~ter within Meridian's Urban Service Planning Area, as we11 as the Treasure Valley. 2. The evaluation of the Regional Shopping Center ' development shall be primarily ba;sed upon its - s istency with the land use policies of the Meridian AMBROSE, F,ITZGERALD , 8 CROOKSTON ~ Attorneys~and Counselore P:O. Boz 427 Meiidien, Idaho ~ 83842 ~ Telephone 888-4181 cons ~~ Comprehensive Plan, as well as the future air quality plan of northern Ada County. Section 11. That paragraph 4 under P,OLICIES on page 31 is hereby repealed. Section 12. That on page 31 a new paragraph is hereby 5 '~ e AMBFiOSE, : FITZGERALD ~ & CROOKSiON ~ ~ Attorneysand Counselore ~ P.O.Boxd27 ~ Merldlan, Idaho ' 83842 a Telephone~889J481 • • adogted whic.h shall read as follows: "4. In order to perserve the integrity of residential neigh~borhoods and at the same time better serve Regional Shoppping Center locations, Industrial Review Areas, Community Shopping Center and Old Town, the Policy Diagram i.dentifies circular and perimeter t arterial traffic patterns which intend to enchance, ` serve, unify and give shape to Meridian's Urban Service Plannin.g Area." ',~± ~ Secti~oii 13. That the ARTERIAL TRAN:SPQRTATION CONCEPT PLAN on page..3,2 i,s he~reby repealed. ~ ~ , .. ; ~ Section 14. That a new ARTERIAL TRANSPORTATION CONCEPT PLAN ' which is attached hereto as Extiibit "B" is hereby adopted as the ARTERIAL TRANSPORTATION CQNCEPT PLAN by reference as authorized ~ b.y law and previously sited hereinabove. Sectiori 15. That on page 34 under paragraph 8 at the top of ' the page that portion entitled REGZONAL SHOPPING CENTER is hereby repealed. Section 16. That on page 34 under paragraph 8 a new pa.rag.raph shall be adopted which shall read as follows: "REGIONAL SHOPPING CE,NTERS l. The proposed Regional Shopping Cen.ter, northeast of t~he I-84N/Kuna/Nler.idian Road Intersection, should include two frontage roads• a. A frontage access road from Eagle Road to the 6 5 ~ , -. _ ,~ ., ~ ; + AMBROSE, ~FITZGERALD & CROOKSTON Altorneysand Counselars ' i P.O. Box 427 Meridlen, idaho 83612 Telephone 888-4181 i. ~ .. . ~ ~. ', West to East.First Street anS aTong the East ~. . ~ °~~ ' , ~ perimeter of the center. This frontage road ° • should run parallel to the north side of I-84N so that the residential neighborhood proposed for .; . this area is not advers'ely impacted by large volumes of traffic, as gener.ated by a Regional , Shopping Center. Th.e number of access points from frontage road shouTd be adequate enough to main- tain a smooth f low of traf f ic to and f rom a center. b. A frontag.e road between the Ten Mile/I-84N inter.section and East First Street. This proposed ~ frontage road would run parallel to and north of of the Interstate I-84N and thus~ have the least impact on the existing and proposed neighborhood ~ " between I-84:N and Franklin Road. (See Policy ~ Diagram, Page 7, for the illustrative location of the two frontage roads.) . 2. The proposed Regional Shopping Center location in the northeast quadrant of the Eagle Road and I-84 intersections shouTd be adeguately seryed by existing arterials if improved. When developed, the location and number of curb cuts and private access roads to the Regional Shopping Center property should be reviewed by the City Engineering sta.ff to provide for orderly traf.fic 7 ~ ~ . • • . . movement into and out of the Regional Shopping Center." " Section 17. That on page 35 under RURAL AREAS, paragraph , ~ entitled Definition, is hereby repealed. S.ection 18. That on page 35 under RURAL AREAS a new i ~ paragraph is hereby adotped which shall read as follows; ; "Definition: Land covered by this policy section has ~ ~ characteristics which generally al`low for agricultural ' actrvity due to the existence of irrigation ; systems, soil characteristics and relative freedom from conflieting urban land uses. ~Agricultural activity includes cultivations, pasturing, grazing, , crop production, dairy and feedlot operations and related activities. It is intended that these lands be ~ ke t in a ricultural p g production as long as economically feasible; however, where community,growth needs and ~ increase traffic at access points,~creates pressure ~ ~ ~ i for new industrial or commercial development, it must , j be reaognized that such land can longer economically ~ continued to be identified or used as agricultural land . ~ ~ to the exculsion of orderly growth and development." , Section 19. That on page 52 under CAPITAL IMPROVEMENTS ~` FROGRAM {CIP), paragraph 2, the second noted item which reads as 1 follows: "Frontage Road from Eagle Road west to Kuna/Meridian ~ Road to (to sexvice regional shopping center)", is hereby ~ repealed. ' AMBROSE, FITZGERALO {&CROOKSTON ~ I ~ Attorneys and ' Coun~elors { ~ P.O, Box 427 Meridian, Idaho i 83812 Telephone8B8-4~81 , ~ ~ ,. ~, ., • ~ , ~ , Section 2U. That page 52, under CAPITAL IMPROVEMENTS PROGRAM {' . . : (CIP), paragraph 2 a new second noted item is hereby adopted ~. ::4. ~ : ~ ~ which shal~ r,ead, as follows: ; "Frontage road from Eagle Road west to Kuna/Meridian ~~ ., ;- ~ ;. " ~~` ~~ •: Road~{to service a ossible re P g,ional shopping eenter ~ ~ ", location)." Section 21. That on page 53, under OTHER PROJECTS, paragraph . 2 is hereby repealed. ~ ' Secti,on 22. That on page 5.3, under OTHER PROJECT3, a new ~ ' paragraph 2 is hereby, adopted whic,h shall read as follows: ~ . "2. Support and encourage development of Commercial , Activity Centers a. A Regional Shopping Center at either , , location referred to in ~.he Plan { ~ b. Old Town ; ' c. Cherry Plaza ; d. Neighborhood Shopping Centers" ~ , Section 23. EFFECTIVE DATE. " s , WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall take , effect and shall be in full force and' effeet from and after its , passage, approval and publication, as required by law.. ,1 PASSED.by the City Council and APPROVED by the Mayor of the , City of Meridian, Ada County, Idaho, this~day of September, ' 198'5. ,AMBROSE, FIT2GERALD BCROOKSTON Attorneys end ; Counselors ' ~P.O. Box 427 Merldian, Idaho 83842 . TelepAone 888~4481 9 , , , • • • ~ ' ' APPROVED: ;;~ i ` N P. , j i _ , ~F , ,.1 ' ~ , :~ ., . ` v ~ ~ ~ ~ ;i ~'~ ~ , , ~ "~ AMBROSE, FITZGERALD `BCROOKSTON Attomeys and Counaelars ; P.O. 8ox 427 ~ Merldian, ICaho 83842 7elephone88B-d481 l~ ~ . • "EXHIBIT :-31~'~~ ' --~._. . * • MERIDIAN POLICY DIAGRAM •.-~_`\\~ FRONTAGE AD: , s-•~~..:,w ~j, r. rJ ~.; ~ ~~ ~ p~~ r~~ ~ ~ ~~~~ ~D U$8 ~ ~ •~~~\ COMMtJNiTY Urban Service Planning Area I ~ , ~ NBI~3HBORHOODB ~ ~ ~~~ aURAL RESIDSNTIAL RBSBAVB i T TBCHNICAL INDU3TRIAL REVIgW ARBA ~ E-W INDUBTRiAL REVIBW AABAS ',~ ~ BBGIIONAL BHOPPIN(i CBNTBR ,~ ~ OO~tUI~1ITY BHOPPINt3 CBNTBR '~ JtJNIO~ • SSI~1I0~ HIQH SCHOOLB i *~ t ~_ ~ aia ~~~ N, ~ o ~ ' I-84 ~a ,~ Fry MI~ ~~ . ,'; ?D!+ •~7 •~;~ • ~~ ~'' ''-y ~~~,~{.\~"\\\V ~a ' ._ ;'7 , ;. _~ ~ '~- ~ ,~.:~~,. ~ '~~ , _: : . •. ~~:~;; °_:~ : ~~o~ ~~~- ~ : ;~.:`4' ~ ~ :~; ;~:. ~ ~ 'r,i` ~.- -.'t;~~ ~. ~~ ~ ~ ~ :,r~; ~ ~, ',~; ~~~~~ ~ ,• tw~,:1~ ~~~~ - . ~ ,~ + ~ : ~~~~• ~ ~,~k , `• A ~ PItOPOSED ~LEMENT19-$Y $CH(~Qyg PAOPOSED JIJNIOB HI(~H f~ . , nnNww WATEAWAYS ~ OPSN $pACg CpgRIDp; (~o BIKS ~ PBDBSTRIAN WAY$ . : : ~~ *The Meridian Policy Diagram 1s lntend to meet the requirements of Lhe 1975 L Plannin9 Act regarding a proposa4 land use map.~, ~. : ~ , I; ' r .(. . . . . . . .. • t ,~ ~~.d4.:at. i ~ .. .. .. .. . . . . . . . _ . ., . . ... _ .. i ' ~ ,-'!~:P • i ~ ~ .. 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O~ ~ „~6~r 43~ yi ~~ . - ~ ~~ , ~~ ;~:y ~~,~~ ~ ~ ~ . ,.. ~ ,3'~ ~ ~: Y: ~s ~y C-I y ~ j f ~y , . vT 4s,~ ~~~:, ,~ . , . zr ~a, ~ , . ~i ~ ~ ! ; r~ n ~ . y PG ~t -~ , r~ f ~ E1 ~ ~+~ 3~ ~ ~, ~.~~ ~ ~ 1u p~ . a ~ A ai -. ; ` . +~ • ~ 'tsr~~s .~s+~q - J ~ ~ ~ ~ ~e~' 1 ~ . 3 ~ ~ r ~ ` = k. ~ ~~ ~ ~.~' :tj ~ ~ ~ . , $, 3 ~i: S ~~ ~ h~ $ .~ .4~y ,~r ~ .~ i r . i ` ~ ~r ~`! ~~ ~ ~ ~~~ ] ~~ ~ i'~s~ti ' ~~ ~ ~• ,. , . .~ . a ,~. , ~ yJ L ~ ~ + ~ , ' Y • ~ t ~ }; ~ y~± ~ ~ ~ , t ~ ~. y , i:k:~lN~c~~~~.ii,', m.. .,.. ~" i e ~ ~~. ~ ~'~~a ~i ~ "~ ~"~* ~'p L ' ~~ y ~ ky - .. A.~..'.,.t ~'J:~?r iJ f ~~;p!.. ~ r i tl _ . ~ +j ~ '~~ Y a ~ *o i .i p r ~ ~.~ ~ ~ .~ ,~~.~ ~ ~:~ h ~ ~ ~„ ~ f ~ ~ s {~ ~ : ~~r ~~ e ~ ~~ _ , Y[: ~ i ~ , ~~ ;, ~ :;r,~ ~ x . ,s ,,~ ~ ! ~~ ~i ., 7 i ~'c~:J .~ ;,~'. ~y ~ '~ I 1 ' U ~ F '~$' ~. 1 ~R l~ ~~x `~ de ~~ :J3 k n, ~ . f~~~ ~l;~ ~, ~ :a. G ~ s ~~; ~~ vi~ ~~ll l~~tr71;~,~ a ~ ^, t :i t 6 ~ = ~~ ~ ~ ~ ~~ .tt ~ ~~z.~~r~~.. ~ ~{ ~~i~w . #i;~ ~~ ~~'~.~; ~~ {~~ ~`,~ s~, ~ ., ,y.-F=->-~ ~ 3 ~ ~ ~ ~ ~ z /H ~ ax rr~ia~~tnt=drinx ~ ~ ~ ~F I; . , , ; - f~~ a'G+ ~~7i.•, 1 ~,' ~~ E~~ , , ~` ~..' ~ "~. ~ '~~ . ~ c~ a ~ Q ., a ~ -. a ~ ~ ' ~ ~ p~. ~ ;~ ` ~ ~ ' ~ ~% . 0 ra~' ~~' ~W ~W ~ kt, a T i ' ~IE ~ ; 1 'i . i '' ~ ~ ~ i , ~ • ORDINANCE NO. 452 AN ORDINANCE MAKING AN APPROPRIATION OF MONEY FOR ALL THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN~ ADA C.OUNTY~ IDAHO~ FOR THE FISCAL YEAR COMMENCING THE FIRST DAY OF OCTOBER', 1985, AND ENDING THE THIRTIETH DAY OF SEPTEMBER~ 1986, THIS ORDIN'ANCE BEING KNOWN AS THE ANNUAL APPROPRIATION BILL, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That the following is a statement of the proposed revenues of the City of Meridian, Ada County, Idaho, from all sources for the fiscal year commencing October l, 1985, and ending September 30, 1986, to wit: Payment for Services---------------------------$ 198,830.00 Franchise Payments----------------------------- 39,500.00 Permits & Licenses----------------------------- ~5,375.00 Court Revenue---------------------------------- 24,000.00 Federal Revenue Sharing------------------------ 58,300.00 State Revenue Sharing-------------------------- 94,000.00 Taxes & Penalties------------------------------ 392,330.00 State Sales Tax-------------------------------- 17,500.00 Sundry Sources--------------------------------- g5,200.00 Enterprise, Water & Sewer-----------=---------- 1,388,350.00 Liquor Apportionment--------------------------- 20,000.00 TOTAL REVENUE $2;393,385.00 Section 2. That the following sums of money, or so much thereof as may be necessary, are hereby appropriated out of any money in the City Treasury of the City of Meridian, Ada County, Idaho, not otherwise appropriated, for the purpose of defraying any and all necessary expenses and liabilities for the said City of Meridian, to be incurred for the general municipal purposes for the fiscal year commencing the lst day of October, 1985 and ending the 30th day of September 1986, said purpose being as follows, to wit: Legislative----------------------------------$ Executive------------------------------------ Administrative------------------------------- Office Equipment----------------------------- Health & Accident, All Funds----------------- Public Employees Retirement, All Funds------- Supplemental Acciden€, All Funds------------- Election & Miscellaneous--------------------- Social Security, Al1 Funds------------------- Federal Unemployment------------------------- Legal Fees, Including Pass Thru-------------- Other General Salaries----------------------- Other General Government--------------------- Printing------------------------------------- General Government Buildings----------------- Police Administrative------------------------ Police Patrolmen_____________________________ ~~,600.00 8,400.00 25,000.00 2,200.00 70,542,00 63,034.00 29,468.00 500.00 51,332.00 4,OOD.00 35,500.00 52,000.00 24,000.00 3,000.00 8,000.00 40,220.00 1E39, 930. 00 ,. ,;. . . - . , • • ~ Police Office_________________ _______________ 1' Police False Arrest__________________ (,,000.00 ________ " Police Investigator____________________ 6,500.00 ______ ~ Police Building & Structure------------------ ' 25,000.00 8 100.00 Police Communications________________ ~ ________ ~ Police Training & Reserves-------------- -'--' 4,200.00 7 850 00 ! Police School Patrol_________________________ ~ , . 25 500 00 Police Legal Fees____________________________ ~ , . 30 000 00 i Animal Shelter & Control_____________________ , . 18 100 00 ~ Fire Control------------------ , . --------------- , Fire, QRU------------------------ 102,100.00 ------------ i Building Inspections________________ 17,135.00 _________ ; Electrical Inspections________________ 23~p00.00 _______ , Street Lighting_________________________ 6,780.00 _____ ~ Engineering, All Funds_______________________ i 33,100.00 12 000 00 ; Recreation, Playgrounds______________________ , . 1g 500 00 Recreation, Programs_________________________ ' , . 500 00 6 Insurance, All Funds_________________________ i . , 43 840 00 ; Water Administration_________________________ , . 65 000 0 ~ Sewer Administration_______________ ~ , . 0 __________ ' Water Pumping------------------------ 148,944.00 -------- ', Sewer Lift & Pumping--------____ --------- 35,000.00 ---- i Water Treatment & Expense-------------------- 5,500.00 143 965 00 , Sewer Treatment Plant________________________ , , ' 116 850 00 Water Customer Accounts______________________ ' , . 40 300 00 Sewer Customer Accounts______________________ , . 30 000 00 i Bond Redemption____________________ , . __________ ~~ Capital Outlay_______________________ 315,995.00 ___ ~~ Revenue Not Available for Operations 101,150.00 Water & Sewer Hookup Fees____________________ 118 750 00 ~_qntract, Sanita-ry=Servie~_________ , . __________ -" - I 260LOOO,OD ~ TOTAL EXPENDITURES , i $2'~393,385.00 Section 3. The amount of money derived from funds~or sources created by law for the specified purposes in this Ordinance provided is hereby appropriated for such purpose and no other. Section 4, The City Clerk of the City of Meridian is hereby authorized, upon presentation of proper vouchers approved by the Mayor and City Council of the City of Meridian as provided by law, to draw his warrant on the funds above stated and against the app- ropriation as made in the preceeding sections of this Ordinance, in favor of the parties entitled thereto. Section 5. That this Ordinance be, and the same is hereby designated as "THE ANNUAL APPROPRIATION BILL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, FOR THE FISCAL YEAR OF 1985-1986." Section 6. WHEREAS there is an emergency therefor, which emergency is declared to exist, this Ordinance shall tak,e effect and be in force from and after its passage, approval and'~public- ation as required by law, 1 ` '~` J ~ l _ ~ ~ • . ~ "- • PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 3rd day of September 1985. APPROVED; ~ ..\ `. GRANT P. KINGSFORD~ MA R ATTEST: pc: Minutes Ada County Auditor/Recorder Secretary of State AIC State Tax Commission Ada County Tax Collector .i.:: j '.4 . , . ,, AMBROSE,. FITZGERi4LD &CROOKSTON Attomeys end Counaelors P.O. Box 127 Merldian, Idaho 83812 Telephone 888~4481 . • • ' • u BEFORE THE CITY COUNCIL ~OF~TH'E CITY OF MERIDI_AN APPLICATION 8Y KENT BARNEY BY THE LAKE lAT CHERRY LANE N0. 2 FOR A VARIANCE The above entitled variance request having come on for consideration ~on September 3, 1985, at approximately 7:30 o'clock p.m. on said date, at th.e Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the City Cou~ncil ~having heard and taken.oral and written testimony, the City:Council of the City of Meridian makes t'he following: ' FINDINGS OF FAGT . 1. That notice~ of the public hearing on. the variance was `,published for two consecutive weeks prior to the secheduled hearing for September 3, 1985, the first pu,blication of which was . fifteen {.1~5) days prior to sai~d hearing; that the matter was duly considered at the September 3'rd hearinq; that copies of all notices~ were available to newspaper, radio and television stations. ' 2. That the notice of public hearing is required ~o be sent to property owners within 300 feet of the external boundaries of tYie land being considered ~pursuant to 11-9-612, 11-2-4T6 E and 11-2-419 D of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. I. ' _ .i I . • i . • .1 • 3. That the Ordinanae.s of tk~e City of Meridian r-equire that a preliminary plat be submitted and approved by both the Planni:ng and Zoning Commission and the City Council prior to the fina.l plat being~submitted for approval unless the plat meets the requirements~of 11-9-604 C. 3. ~. ~ 4. ~ That.Meridian Manor Subdivisions 4 and 5 do not meet , -' the-~•requirements ;of 11-9-604 C. 3. a; & b; that without a variance _l ~~ ,~ ;~~ . •to 11-9, 604 C 3:. a& b, the Applic.~nt could not submit both the - ~ prelim~inary and final plats at the s:ame time. ~ ~~; ;., ~.~5.' ; ~That th.e Variance request is being processed under _ , . .. ~ : Section 11-9-612;, that in regard ~o the above section the City ,. ~: - Council finds that the variance requested does not involve a health or safety, requirement but- ori'•ly a processing requirement; that the variance would not violate~;provisi,ons of the Idaho Code; that the granting of the variance w.ould not have the effect of ~ ~ ` nullifying the interest and purpose of this Ordinance or ~the Comprehensive Plan. ~ 6. That ti'he 'requirements of: 11-9-612 A 2 a& b have not been addressed, ~ 7. That the testimony at the public hearing was :not unfavorable to the granting of the variance. CON~CLU S I ON S AMBROSE, FITZGEFlALD 6CROOKSTON Attorneya nnd Couneelore P.O. Boz 127 Meridlen, ldaho 83812 Telephone 8881181 1. That all the procedural~ requirements of the Local Planning Act and~of the Ordinances of the City of Meridian have been met includiri,g the mailing of notice to owners of pro.perty ~~ /wC. J • • • • withi.n 300 feet of the external boundaries of the Applicant's AMBROSE, FITZGERALD ~'BCROOKSTON' ' Attorneys and . Counselora P.O. Box 427 Merldlan, Ideho 83812 Telephone 888J481 property. 2. That the City has authority to grant variances pursuant ~ to Section 2-9-6.12 of the Zonimg Ordinance,~ 3, That the City Council has judged this application by the guidelines,;standards, crit.eria, and policies contained in the Zoning~Ordinance and upon the r~ecord submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judi'cial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actua,l conditions existing within the City and the State. ~ 5. That there are special circumstances and conditions ~ affecting the property such that the strict application of the provisions of the Zoning Ordinance would` be impracticable and unreasonable. 6. That ~even though the Applica~nt has not met the requirements of~ll-9-612 A 2 a& b, it is concluded that such is not detrimental to the Application; that the CounciT has authority to waive a requirement of the Or,dinance. 7. That ;the granting of the v;ariance will not be detrimental to~ the public's welfare or injurious to other property in the area where the Applicant's property is located. that this is evidenced by the fact the variance is only from a processing requirement and does not pertain to a health or safety i ' ~ I ,~~ : ~ ; . ~ ~ ~ . ,~ ~,. AMBROSE, FITZGERALD 8 CROOKS70N Attorneys and Counselora P:O. Box 127 Merldian, Ideho 83842 Telephone BBB-~481 ~ • • ~ ,: reguTation. 8. That the variance will not have the-effect of aitering the interest and purpose of the Zoning Ordinance and of the Meridian Comprehensive Plan. 9. That this variance shall be personal to the Applicant ~ and shall not be transfered to another parcel of property or to another individual.. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclus_ions. ROLL CALL• Councilman Geisler Voted t , - Councilman Myers Voted Councilman Tolsma . Voted ~ y ..' Councilman Srewer Voted~ , . , - / - - ' ~ Mayor Kingsford (tie breaker) Voted _ __ ~ _ ~ . •. APPROVED : ~ T 1 ~ ~~ DISAPPROVED: a. _ _. f ~ . BEFORE THE CITY COUNCIL ~ OF THE CITY OF.MERIDIAN ' APPLICATION BY:BEDELCO INC. ' FOR,A VARIANCE The above entitled variance reguest~ having come on for consideration on September 3, 1985, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridiari Street, Meridian, Idaho, and the City Council having heard arid taken oral and wr°itten testimony, the City Council of the City of Meridian makes the following: FINDINGS.OF FACT . AMBROSE, FITZGERALD ' 6CROOKSTON I ~ . Attorneysantl Counaelors P.O. Box 427 Maridlen, Idaho 838~2 Telephono 888~4461 1. That no~tice of the public hearing on the variance was published for two consecutive weeks prior to the secheduled hearing for Septembe-r 3, 1985, the first publication of which was fifteen (15) days'prior to said hearing; that the matter was duly considered at the September 3rd h~earing;~ that copies of all notices were available to newspaper, radio and television statio.ns. ~ 2. That the notice of public hearing is reqnired to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-9-612, 11-2-416 E and 11-2-419 D of the Revised and Compiled Ordina.nces of the City of Meridian; that this requirement has been met. ,. ~- ~ AMBROSE, fITZGERALD l 8 GROOKSTON Attorne~a and Counaetore P.O. 8ox 427 Meridlan, ideho 83817 TeleDhone 888-1181 ~_ ~ J ' . 3. That the Ordinances of the City of Meridian require that a preliminary plat be submitted and approved by both the Planning and Zoning Commission and the City Council prior to the final plat being submitted for approval unless the plat meets the requirements of 11-9-604 C. 3. 4. That Meridian Manor Subdivisions 4 and 5 do not meet the requirements of 11-9-604 C. 3. a:& b; t~hat without a variance to 11-9-b04 C. 3. a& b, the Applicant could not submit both the preliminary and final plats at the same time. 5. That the Variance request is being processed under Section 11-9-612;; that in regard t,o the a?bove section the City Council finds that the Applicant previously submitted a preliminary plat for the same property several years ago, but the time fox action on that preliminary has lapsed; that the variance requested does not involve a health or safety requirement but only a processirig requirement; that the variance would not ~ violate p.rovisions of the Idaho Code; that the g.ranting of the varianee would not have the effect of nullifying the interest and purpose of this Ordinance or the Comprehensive Plan. 6. That the requirements of 11-9-612 A 2 a& b have not been addressed. ~ 7. That the testimony at the public hearing was not unfavorab.le to the granting of the var-iance,. ` CONCLUSI~ONS ~ l. That all the procedural requirements of the Local v ~ ' .~ ~: AMBROSE; FITZGERALD &CROOKSTON Attorneye and Couneelore P.O: Boz 427 Meridlan, Idnho 83812 Telephone 88B~481 ~ ~. . ' • ~ 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 has authority to grant variances pursuant to Section 2-9-61.2 of the Zaning Ordinance. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinarice and upon the record submitted to it and the , th.ings upon which it may take judicial notice. 4. That the Council may take judicial notice of its own ~.~proceedings, those of the Commission, governmental statutes, °~o~rdinances, and policies, and of ~actual conditions existing , wi;thin the City and the State, ~ , ; ~, ~. . - 5. That th.ere are special Circumstances and conditions affecting the property~ such that the strict application of the provisions of the Zoning Ordinance would;be impracticable and unxeasonable i:n ttiat a preliminary plat on the property had been submitted some gears ago. 6. That even though the Applicant has not met the ~.i requirements of 11-9-6'12 A 2 a& b, it is concluded that such is not detrimental to the Application; that the Council has authority to waive a requirement of the Ordinance. , 7. That the granting of the variance will not be detrimental to the public's welfare or injurious to other ., . , , 1' AMBROSE, FI7ZGERAID SCROOKST.ON Altorneya and Counseloro P.O. Box 427 MerlOian, Idaho 83842 Telephone 988~4181 • , . property in the area where the Applicant's •:property is located; that this is evidenced by the fact the variance is only from a " proc.essing requirement and does not pertain to a health or safety regulation. ~ , 8. That the va:riance will not have,the effect of aTtering the interest and purpose of the Zoning Ordinance and of the Me.ridian Comprehensive Plan. ~ 9. That this variance shall be pers.onal to the Applicant and shall not be transfered to another par.cel of property or to another individua'1. APPROVAL OF FINDINGS QF FACT AND CONCLU$IONS The City Council of the City of Meri:dian hereby adopts;and approves these Findings of Fact and Conclus!rions.. ROLL CALL: ~ ~ ~ ' , Council~man Geisler Voted , Council,man Myers Vote b . Council~man Tolsma Voted _ ~ , ~ ~ ' Council,man Brewer Voted , Mayor K:ingsford (tie breaker) Voted__ APPROVED: ~, i1 ,~eq i ' DISAPPROVED: