HomeMy WebLinkAbout1990 04-03
A G E N D A
MERIDIAN CITY COUNCIL
APRIL 3, 1990
MII~[TrFS OF THE PREVIOUS MEETING HEiD MARCH 20, 1990: (APPROVED)
1: PUBLIC HEABING: REQUEST FOR CONDITIONAL USE PERMIT BY BATES & FISHEL: (APPROVED)
2: PUBLIC HEARING: REQUEST FOR CONIDITIONAL USE PERMIT BY 4~IIiYI~ & MARY
~LI,IAMSON: (APROVED)
3: FINAL PLAT ON CHATEAU MEADOWS #2: (APPROVED)
4: FIbIDINGS OF FACT ON VARIANCE REQUEST BY BOESIGER, INC. FOR THE VII~,'YARDS
SUBDIVISION: (APPROVED)
5: APPROVE PRELII•IINARY PLAT FOR THE VII~YARDS SUBDIVISION IF VARA'Q~ICE GRANTID: (APPROVED)
6: FINAL PLAT ON PHASE #I OF THE VINEYARDS SUBDIVISION: (APPROVED)
7: IX7VINAIV'I5 ON MERIDIAN MANOR #6: TABLID AT LAST MEETING: (TABLED)
8: OOVIIQANTS ON (R2FSTWOOD # 5: (APPROVED)
9: PRE-TEI~'ILNATION HEARII~IG: 4~1TER/SES^lER/TRASH DELINQUE[QCIES: (APPROVED)
10: APPROVE THE BASS; (APPROVED)
11: ORDINANCE # 524: AN~'!ES]'i5 TO THE ZONING & DEVELOPMENT ORDINANCE: (APPROVED)
12: AUDIT ENGAGQ~9T:(APPROVED)
13: DEPARTMENT REPOKPS: _
MERIDIAN CITY COUNCIL
APRIL 3, 1990
Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford
at 7:30 p.m.:
MFSnbers Present: Ron Tolsma, Bert Myers, Bob Giesler, Max Yerrington:
Others Present: Dave Collins, Wayne Williamson, Gary Lee, Ricard Boesiger, Jack Smith,
Gary Smith, Bill Gordon, Wayne Crookston, Sam Fishel, Dale Bates, K Beumeler, Moe
Alidjani, Manbers of Scout Troop #1,
The Motion was made by Giesler and seconded by Tolsma to approve the Nlinutes of the
previous meeting held March 20, 1990 as written:
Motion Carried: All Yea:
Mayor Kingsford welc~ned Strout Troop #1 for their attendance at the City Council
Meeting:
It~[t #1: Public Hearing: Request for Conditional Use Permit by Bates & Fishel:
Mayor Kingsford, at this time I will open the Public Hearing, is there anyone in the
audience who wishes to testify on this .issue, there was no response,. the Public Hearing
was closed. For the Public if you are not aware the Conditional Use Permit is for a
Used Car Lot at 2252 Franklin Road, that small rock building will be used as the
office for this lot.
Giesler: I have a question, in the Engineers cannents there is stated that there might
be the possibility of an additional assessment for water and that should be watched
for additional useage, in the findings it states there would be no detailing on that
premisies, I guess I have a question for NIr. Fishel on how he would plan on keeping
the cars clean.
Fishel: What I plan on doing is detailing the car before it is put on the lot and if
they need washed take thin to the car wash
Mayor Kingsford explained to Mr. Fishel what the additional hookup fee was.
Mr. Fishel agreed to pay the additional fee if it became necessary:
The Motion was made by Myers and se~nded by Tolsma to approve the Findings of Fact
and Conclusions of Law as prepared for the Planning & Zoning Ccnmission:
Notion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea:. Tolsma, YEA:
The Notion was made by Giesler and seconded by Myers tp approve of the Conditional Use
Permit as requested in the application for Bates &Fishel for a Used Car Lot at
225; West Franklin Road.
Notion Carried: All Yea:
Item #2: Public Hearing: Request for Conditional Use Permit by Wayne & Mazy Williamson:
Nkzyor Kingsford:I will nav open the Public Hearing, is there anyone in the audience
who wishes to offer testimony on this request?
MERIDIAN CITY COUNCIL •
APRIL 3, 1990
PAGE # 2
•
Wayne Williamson, 337 Eagle Glenn, Eagle, Id. Williamson was sworn by the City
Attorney:
Williamson: We purchased this property back in 1977, supposedly it was zoned for
three six plexes, we recently went throughgetting the necessary signatures for an
application for a PUD for 5 triplexes & one single family dwelling, at the Planning
& Zoning Hearing we had several people who objected to this use, so we withdrew that
request and we would like to now have a PUD for six single family dwellings. The lots
are over 6000 square feet and the narrowest is 50 feet. I think you might have a
diagram of what is planned. We would meet all the requira~nts of the City and
other agencies.
Giesler: Mr. Williamson, the main complaint of the neighbors before was because of
the triplexes?
Williamson: Yes, they were talking about a lot of added traffic and they thought it
could devalue their property.
Mayor Kingsford: Anyone else fran the public who wishes to offer testimony? There was
no response. The public Hearing was closed.
The Motion was made by Giesler and se~nded by Tolsna to approve the Findings of Fact
and Conclusions of Law as prepared for the Planning & Zoning C'Q[Q-15Slon:
Notion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea:
The Motion was made by Giesler and seconded by Yerrington to approve the Conditional
Use Permit for a PUD for six single family units for Wayne & Mary Williamson with the
conditions set forth in the Findings of Fact & Conclusions of Law:
Notion Carried: All Yea:
Item #3: Final Plat on Chateau Meadows East #2:
Mayor Kingsford: Any Questions of the Council, does the City. Engineer have any
additonal camtents?
City Engineer: I visited with the developers engineer today and he concurred with my
ca~its .
The Motion was made by 7blsma and seconded by Yerrington to approve the Final Plat
on Chateau Meadows # 2:
Motion Carried: All Yea:
Item #4: Findings of Fact On Variance Request by Hoesiger, Inc. for the Vineyards
Subdivision:
Mayor Kingsford: Council Members you have those Findings, are there any questions
you would like to ask?
The Motion was made by Yerrington and seconded by Myers that the City Council of the
City of Meridian does hereby adopt and approve the Findings of Fact and Conclusions
as prepared on the Variance Request by Max Boesiger, Inc.
Nootion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea.:
MERIDIAN CITY COUNCIL
APRIL 3, 1990
PAGE #3
The Motion was made by Myers and seconded by Yerrington to approve the Variance for
70 ft. lot frontage for Boesiger Inc.
Motion Carried: All Yea:
There was further discussion.
The Motion..was made by Tolsma and seconded by Giesler to approve of a Conditional Variance
to allow for dry lines to be put in and that it be activated as soon as City standards
have been established.
Motion Carried: All Yea:
ITEM #5: APPROVE PRELIMINARY PLAT FOR THE VINEYARDS SUBDIVISION ZF VARIANCE GRANTED:
The Motion was made by Tolsma and seconded by Yerrington to approve the Preliminary Plat
for the Vineyards Subdivision.
Motion Carried: All Yea:
ITEM #6: FINAL PLAT ON PHASE #I OF THE VINEYARDS SUBDIVISION:
Kingsford: Does the City Engineer have comments?
Engineer Smith: My concern is about access off of Cherry Lane Road , concerning left turn
on the west bound traffic into the subdivision. That is one concern we really couldn't
reach an agreement on because we really didn't have enough information on the development
plans.
Kingsford: Of course that is something that Ada County Highway District has to sign off.
The Motion was made by Tolsma and seconded by Myers to Approve the Final Plat on Phase 1
of the Vineyards Subdivision.
Motion Carried: All Yea:
ITEM #7: COVENANTS ON MERIDIAN MANOR #6: TABLED AT LAST MEETING:
Kingsford: We haven't received revised covenants on Item #6.
The Motion was made by Myers and seconded by Yerrington to table Meridian Manor #6
Covenants .until the next meeting.
Motion Carried: All Yea:
ITEM #8: COVENANTS ON CRESTWOOD #5:
Engineer Smith: They make a comment that this continuance of the covenants from Crestwood
#3 to this subdivision #5 is because it's contiguous to.No.c3, but it is not.
Crookston: There shouldn't be an incorrect statement in the covenants.
The Motion was made by Myers and seconded by Tolsma to approve of the Covenants on
Crestwood #5 provided that they strike the contiguous on Page 2.
MERIDIAN CITY COUNCIL
APRIL 3, 1990
PAGE #4
Motion Carried: All Yea:
ITEM #9: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES:
Kingsford: This is to inform you in writing, if you choose to, you have the right to a
pre-termination hearing at 7:30 P.M. 4/3/90 before the Mayor and City Council, to
appear in person to be judged on facts and defend the claim made by the City that your
water/sewer/trash bill is delinquent. You may retain counsel. This service will be
discontinued 4/11/90 unless paid in full. Is there anyone present who wishes to
contest their water bill? There was no response. They are hereby informed that they
may appeal or have the decision of the City reviewed by the Fourth Judicial District
Court, Pursuant to Idaho Code. Even though they appeal the water will be shut off.
The Motion was made by Myers and seconded by Tolsma to approve the turn off list.
Motion Carried: All Yea:
Kingsford: Amount of the turn off list for this month is $6,607.22.
ITEM #10: APPROVE THE BILLS:
The Motion was made by Tolsma and seconded by Yerrington to approve the bills.
Motion Carried: All Yea:
ITEM #11: ORDINANCE #524: AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE:
Kinysford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING VARIOUS SECTIONS OF THE REVISED
ANA COMPILED ORDINANCES:OF THE CITY OF MERIDIAN AS FOLLOWS: AMENDING SECTION 11-9-605 J.,
FENCES, BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE NUMBERED 10 AND WHICH SHALL GOVERN
PROCEDURES FOR VARIANCES FROM THE FENCE ORDINANCE; AMENDING SECTION 11-2-411 BY THE
ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS H. AND WHICH SHALL PROVIDE THAT
ALL SINGLE FAMILY DETACHED HOUSING UNITS SHALL HAVE A TWO CAR GARAGE; AMENDING SECTION
11-2-409 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS D. APID WHICH
SHALL PROVIDE THAT LIVESTOCK AND POULTRY SHALL BE PROHIBITED WITHIN ALL ZONING DISTRICTS
OF THE CITY, PROVIDING FOR GRANDFATHER RIGHTS, AND PROVIDING FOR EXCEPTIONS IN CASES OF
ZONING FOR MEAT AND POULTRY PROCESSING; AMENDING SECTION 11-2-410 A. TO SPECIFY THAT IN
THE R-8 RESIDENTIAL ZONE THAT FOR TWO FAMILY DWELLINGS THE 4,250 SQUARE FOOT MINIMUM LOT
SIZE APPLIES TO EACH DWELLING UNIT SUCH THAT IN THE CASE OF A DUPLEX IN THE R-8 ZONE THE
MINIMUM LOT SIZE WOULD BE 8,500 SQUARE FEET; AMENDING SECTION 11-2-414 D. 6. A. TO REDUCE
THE MINIMUM WIDTH OF PARKING SPACES; AMENDING SECTION 11-2-414 D. 6. BY THE ADDITION
THERETO OF NEW SUBSECTION DESIGNATED D. WHICH SHALL PROVIDE THAT UPON PETITION PORTIONS OF
THE PARKING REQUIREMENTS FOR OFF STREET PARKING MAY BE FULFILLED BY COMPACT CAR SPACES
OF AT LEAST 7 1/2 FEET IN WIDTH AND 15 FEET IN LENGTH; AMENDING SECTION 11-2-421 BY THE
ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS E. AND WHICH SHALL PROVIDE
THAT NO OCCUPANCY PERMITS SHALL BE ISSUED 1b ANY PROPERTY UNTIL ALL UTILITIES ARE IN PLACE
AND OPERABLE AND UNTIL ALL REQUIREMENTS OF THE CITY HAVE BEEN MET; AMENDING SECTION 11-9-606
BY RENUMBERING SUBSECTION D. CHANGING IT ~ E. AND ADOPTING A NEW SUBSECTION TO BE DESIGNATED
AS D. WHICH SALL PROVIDE THAT A BUILDING PERMIT MAY BE ISSUED PRIOR TO COMPLETION OF PUBLIC
IMPROVEMENTS BUT ONLY UPON PROVIDING A GUARANTEE THAT ALL IMPROVEMENTS WILL BE COMPLETED AS
AUTHORIZED IN SECTION 11-9-606 C.; AMENDING SECTION 11-9-605 B. 3. UNDER "HIGHWAY AND
STREET TYPES" TO ADD A NEW CATEGORY KNOWN AS "SECTION LINE ROADS" AND PROVIDING THAT THEY
SHALL HAVE A WIDTH OF 80 FEET; AMENDING SECTION 11-9-606 B. BY THE ADDITION THEREYO OF A
NEW SUBSECTION DESIGNATED AS 14. WHICH CHALL REQUIRE PRESSURIZED IRRIGATION SYSTEMS IN ALL
SUBDIVISIONS WHICH SHALL BE INSTALLED BY THE DEVELOPER AT THE SAME TIME AS THE DOMESTIC
MERIDIAN CITY COUNCIL
APRIL 3~ 1990
PAGE #5
WATER LINES ARE INSTALLED; AMENDING SECTION 11-9-605 B. BY THE ADDITION THERETO OF A
NEW SUBSECTION DESIGNATED AS 6 AND WHICH SHALL PROVIDE THAT NO STREET WHICH ENDS IN
A CUL-DE-SAC OR A DEAD-END SHALL BE LONGER THAT 450 FEET; AMENDING THE OFFICIAL ZONING
MAPS SECTION 11-2-425 TO REZONE FROM R-8 RESIDENTIAL TO GENERAL RETAIL AND SERVICE
COMMERCIAL THREE .PARCELS OF LAND ON FAIRVIEW AVENUE; AND PROVIDING AN EFFECTIVE DATE.
Is there anyone from the Public who wants Ordinance #524 read in its entirety? There
was no response.
The Motion was made by Giesler and seconded by Tolsma 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 #524 be passed and approved.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea: Tolsma - Yea:
Motion Carried: All Yea:
ITEM #12: AUDIT ENGAGEMENT:
Kingsford: Read letter from auditors. Myself, Jack and the Treasurer are all pleased
with the audit. With your concurrance I'd like to engage Gibson, Smith and Dean,
Certified Public Accountants to perform the audit again.
The Motion was made by Myers and seconded by Tolsma to engage the firm of Gibson, Smith
& Dean, Certified Public Accountants for the next fiscal year audit and to authorize
the Mayor and the City Clerk to sign that engagement.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea:
Motion Carried: All Yea:
ITEM #13: DEPARTMENT REPORTS:
Chief Gordon: We have received both of our new Police Cars. Also, looking through our
City Ordinances I've found some problems there and I also found a need for three Ordinances,
of which we don't presently have. They would control escort services, massage parlors,
and also private security outfits. I would like to work with the City Attorney and
get Ordinances on these three items.
The Motion was made by Yerrington and seconded by Giesler to have the Chief work with the
City Attorney to prepare Ordinances for the aforementioned.
Motion Carried: All Yea:
Tolsma: Our revised lease agreement with the City and the Masonic Lodge's Parking Lpt,
The last time they had the changes made, one was the sharing the cost of the maintenance
and the other was the sign. There was some errors in there that need to be changed.
Also, there is a clause in here that states that any major costs that occur during the
fiscal year would have to be brought up so it could be budgeted fora
Kingsford: Does this meet with your approval?
The Motion was made by Myers and seconded by Tolsma to approve the lease and authorize
the Mayor to sign the agreement with the Masonic Lodge.
MERIDIAN CITY COUNCIL
APRIL 3, 1990
PAGE #6
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Myers - Yea:
Motion Carried: All Yea:
Kingsford: Read a Letter received on March 26, dated March 21, 1990 from D'Arlene
Stutzman, it talks about the fees the City charges .for building inspections, it talks
about the amount the building inspector has made over a period of time from September
through March of this year, it talks about the appearance of conflict of interest,
and in the last paragraph and copies were sent to the Governor,Vall.ey News,
Representative Montgomery, Attorney General Jim Jones, Representative Jerry Deckard &
Senator Carlson. Any questions or comments that the Council would like to make about
this letter. It would be my recommendation certaily that we entertain, maybe have a
committee review the amount of money that the BUilding Inspector is making, review the
amount of money that is paid out in plan checks, what we would be paying for benefits
and so forth, it's possible that her comments maybe well taken, maybe we should look at
adding a house building inspector. Would there be two of you individuals who would be
interested in reviewing these things and making recommendation before the Council.
Max & Bert .volunteered to serve on this review board. We would also ask you to maybe
review over a period of three or four years, we are in a boom time now, we experienced
that in the late 70's and we also had a number of years that we would either have to lay
off a building inspector or have to subsidize it with tax money. Wayne do you wish to make
any comments with regard to the conflict of interest issue.
Crookston: I haven't reviewed in depth the new legislation that was proposed by the
Attorney General's Office. I have taken a look at some of the other conflict of interest
provisions .that are contained in the Planning & Zoning Provisions of the local Planning
Act which are similar to, and we have basically adopted in our own Zoning & Development
Ordinances. There are provisions that apply to all officers of, he Legislature, City ,
County, State, officers in general that they are not to be interested in any contracts
let by that particular board. I've discussed these with some of the Councilmen in the
past, and I think that they need to be reviewed and certainly investigated to see if we
have any problems and addressed in that fashion. Conflict of interest is a very
important aspect of serving on a political entity, and those requirements need to be
strictly observed.
Kingsford: Thank you, and I would appreciate it if you could update us on the new bill
as soon as you review it.
Kingsford: The other item that I was asked to bring up the the Council tonight by
a representative of the Air Quality, Pete Michaelson, was consideration of the Council
of extending the Air Quality Board for six months.
Tolsma: The air quality board meeting is tomorrow. He was wanting to extend it for
six months just the way it operates right now. Meridian is the only one that hasn't
extended. Explained further. (tape on file)
Giesler: Since the emission testing is in my business, I would abstain from this voting.
Kingsford: Does anybody want to do anything with this, or look at it until next meeting.
The Motion was made by Myers and seconded by Yerrington to adjourn at 8:25 P.M.:
Meeting Adjourned:
MERIDIAN CITY COUNCIL
APRIL 3r, 1990
PAGE #7
APPROVED:
~f
P. KINGSFO ,, YO
ATTEST:
P&Z Membersr. Atty,,
Police,. Bldg., Eng.,,
ACRD, CDH, NMID,
Settlers, Gass,
Ward, Stuart, Statesman, ACC
Fire, Hallett, Valley News
Mail (9)
File (9)
•
BEFORE THE C[TY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF MAX BOESIGER, INC.
FOR A VARIANCE FROM THE PRESSURIZED IRRIGATION ORDINANCE
AND FROM THE 70 FOOT LOT FRONTAGE ORDINANCE
FINDINGS OF FACT AND CONCLUSIONS
AMBROSE,
FITZG ERALO
SCROONSTON
Attorneys entl
Cauneelore
P.O. Boz APT
MerlGlen, IM~o
83M2
TeleOnona B89~~<B1
The above entitled variance request having come on for
consideration on March 20, 1990, at approximately 7:30 o'clock
p.m, on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the City Council having heard and
taken oral and written testimony, the City Council of the City of
Meridian makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled
hearing for March 20, 1990, the first publication of which was
fifteen (15) days prior to said hearing; that the matter was duly
considered at the March 70, 1990, hearing; that copies of all
notices were available to newspaper, radio and television
stations.
2. That notice of the public hearing is required to be
sent to property owners within 300 feet of the external
boundaries of the land being considered pursuant to 11-2-416 E.,
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 1
11-2-419 D., and ii-9-612 B. l.b. of the Revised and Compiled
Ordinances of the City of Meridian; that this requirement has
been met.
3. That Ordinance 5-144, PRESSURIZED IRRIGATION SYSTEM,
requires that every owner or developer of a residentially zoned
lot, parcel or piece of land upon which a residential unit is, or
will be, constructed, shall construct, install, or connect to a
pressurized irrigation system and that in the case of residential
subdivision developments the pressurized irrigation system shall
be installed at the same time as the domestic water system.
4. That Section 11-2-410 A, ZONING SCHEDULE OF BULK AND
COVERAGE CONTROLS, requires that lots zoned R-4 have a minimum
street frontage of 70.00 feet and in cut-de-sac lot that minimum
is determined at the setback line.
5. That the Applicant has requested that it be granted a
AMBROSE,
FITZGERALD
B CROOKSTON
Attorneys and
Counaelora
P.O. eox a2]
Maridlan, Idaho
ave/z
Telephone 88&/~81
variance from the above two requirements and to be allowed to
defer a portion of the pressurized irrigation requirements by
installing "dry lines" at the present time but to defer
installation of the ability to provide water either through wells
or connection to Nampa & Meridian Irrigation District water
sources until the Applicant's fourth phase of the development is
commenced, which would not be until after approximately 85 to 90
lots have been developed; the Applicant has additionally
requested that it be allowed to have smaller lot frontages than)
70 feet on some of the cut-de-sac lots within the proposed
subdivision and in the application sets forth those lots for
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 2
which the variance is requested.
6. The property in question is the N 1/2 and the NE 1/4 of
Section 11 T. 3N., R. 1W., Boise Meridian, Ada County, Idaho.
7. That the property is zoned R-4 Residential.
8. That Section 5-144, Pressurized Irrigation Systems,
authorizes the City Engineer to establish standards for
pressurized irrigation system; that at the present time those
standards have not been developed but those standards should be
forthcoming soon.
9. That one of the reasons put forth by the Applicant for
delaying implementation of the entire pressurized irrigation
system was to afford the City time and an opportunity to develop
standards for the irrigation systems; that the Applicant also
stated that it would be beneficial for it to wait to install the
water source part of the system until there were 85 to 100 users
of the system and that the Applicant's proposed source of the
water was at the southeast corner of the proposed subdivision
which is some distance from the initial phases of the
development; that the Applicant further stated that it had no
objection to the idea of the pressurized irrigation system and
that is why it was willing to install the "dry lines" at the
present time but wanted to defer the actual ability to provide
the water until additional phases had been developed.
10. That the Section 11-9-606 C., GUARANTEE OF COMPLETION
AM BROSE,
FITZGERgLD
H CROO KSTON
Allomeys anE
Counselors
P.O. Box 427
MerlElan, l0aho
aTB4z
Telephone BBB-N81
OF IMPROVEMENTS, provides that the City shall insure that public
improvements are installed and requires that the City obtain
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 3
•
financial guarantees for performance of the development
requirements and provides that a number of methods can be
utilized to meet those financial obligations.
11. That the requirement for pressurized irrigation systems
is relatively new; that one subdivision has, however, been
approved after the ordinance requiring pressurized systems was
effective and is in the process of installing such a system,
including the providing of the water to the lots.
12. That the Applicant did testify that he could install
smaller shallow wells to connect a pressurized system to each
phase of the development.
13. That the Applicant set forth as reasons for the lot
frontage variance that the lots were larger than many
subdivisions have and that they range in depth from 102 to 157
feet and testified that the culdesac lots in phase one of the
development would meet the 70.0 foot minimum lot frontage at the
setback line and that if the variance was not granted a few lots
would be lost.
14. That the property does have available to it water
rights in the Nampa & Meridian Irrigation District.
15. That there was no public comment or testimony submitted
in opposition to the variances at the public hearing.
CONCLUSIONS
AMNROSE,
FITZGERALD
B CROOKSTON
Attorneys antl
Counseloro
R.o. eo: ~zy
Merltllan, IM~o
eae.z
releonona eee-um
1. That all- the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 4
~ i
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 11-9-612 of the Development Ordinances and pursuant to
Section 11-2-419 of the Zoning Ordinance.
3. That the City Council has judged this application by
the guidelines, standards, criteria, and policies contained in
the Zoning and Development Ordinances and upon the record
submitted to it and the things 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,
ordinances, and policies, and of actual conditions existing
within the City and the State.
5. That the following provisions of Section 11-9-612,
Variances, of the Development Ordinance are noted which are
pertinent to the Application and which are almost the same as
provisions in Section 11-2-419 of the Zoning Ordinance:
11-9-612 A. 1. PURPOSE
AMBROSE,
FIT2GERALD
BCROOKSTON
Attorneys antl
Counaalorn
P.O. Box 62]
Matltlian, ItlaKo
836a2
Telepaona BB3J681
The Council, as a result of unique
circumstances (such as topographic
- physical limitations or a planned
unit development), may grant
variances from the provisions of
this Ordinance on a finding that
undue hardship results from the
strict compliance with specific
provisions or requirements of the
Ordinance or that application of
such provision or requirement is
impracticable.
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 5
i
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows, and those found in Section 11-2-419 C. are similar:
11-9-612 A. 2, FINDINGS
No variance shall be favorably
acted upon by the Counci 1 unless
there is a finding, as a result of
a public hearing, that all of the
following exist:
a. That there are such special
circumstances or conditions
affecting the property that the
strict application of the
provisions of this Ordinance would
clearly be impracticable or
unreasonable; in such cases, the
subdivider shall first state his
reasons in writing as to the
specific provision or requirement
involved;
b. That the strict compliance with
the requirements of this Ordinance
would result in extraordinary
hardship to the subdivider because
of unusual topography, other
physical conditions or other such
conditions which are not self-
inflicted, or that these conditions
would result in inhibiting the
achievement of the objectives of
this Ordinance;
c. That the granting of the
specified variance will not be
detrimental to the public welfare
or injurious to other property in
the area in which the property is
situated;
AMBROSE,
FIT2G ERALO
BCROOKSTON
Attorneys anp
Couneelore
P.O. Box X27
Menaien, iaeno
eawx
Telepnone SBSJeSt
d. That such variance will not
violate the provisions of the Idaho
Code; and
e. That such variance will not
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 6
• i
have the effect of nullifying the
interest and purpose of this
Ordinance and the Comprehensive
Development Plan.
7. That if the variance regarding the pressurized
irrigation system were granted to the extent requested by the
Applicant there does appear to be a benefit or profit,
economic gain or convenience, to the Applicant over and above
what a previous developer was required to perform, and what
future developers will be required to perform as required under
the ordinance and that could give the Applicant an undue
advantage.
8. That regarding the variance request as it pertains to
the minimum lot frontage requirement it does not appear that
granting that variance would give the Applicant an undue
advantage over other subdivision developers and that smaller lot
frontages in relation to the size of the lots in the subdivision
is not out of the ordinary in modern day subdivisions.
9. That regarding Section 11-9-612 A. 2. regarding the
variance for minimum lot frontages it is specifically concluded
as follows:
a. That there are special circumstances or conditions
affecting the property that the strict application of
the provisions of this Ordinance would clearly be
unreasonable in that the lots are larger than in many
subdivisions.
AM BROSE,
FIT2G ERALD
E GROOKSTON
Attorneys enE
COUneelors
P.O. Box t]1
MerlOlan,IEaNo
B1NP
TelepNOne 888~/8t
b. That strict compliance with the requirements of
this Ordinance would result in extraordinary hardship
to the owner, subdivider or developer as a result of
factors not self-inflicted.
c. That the granting of the specified variance would
not be detrimental to the public's welfare or injurious
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 7
~ i
to other property in the area in which the property is
situated.
d. That such variance would not have the effect
of altering the interest and purpose of this Ordinance
and the Meridian Comprehensive Plan, or the
legislative intent and purpose of Idaho Code 67-6530
through 67-6532.
10. That regarding Section 11-9-612 A. 2. regarding the
variance from the pressurized irrigation system requirement it
is specifically concluded as follows:
a. That there are no special circumstances or
conditions affecting the property that the strict
application of the provisions of this Ordinance would
clearly be unreasonable. The subdivision has water
rights, is a residential subdivision, is being
developed after the effective date of the pressurized
irrigation ordinance, and one other subdivision has
been required to install all of the irrigation system
and future subdivisions will be required to meet the
terms of the ordinance.
b. That strict compliance with the requirements of
this Ordinance would not result in extraordinary
hardship to the owner, subdivider or developer as a
result of factors not self-inflicted.
c. That the granting of the specified variance would
be detrimental to the public's welfare or injurious to
other property in the area in which the property is
situated, in that the ordinance for pressurized
irrigation was passed so that residential tot owners
could take advantage of irrigation water that they
were already paying for and yet not receiving. That
the granting of the requested variance would delay the
eventual individual lot owners from receiving water
that they will be paying for.
AMBROSE,
F1T2GERALO
6 CROOKSTON
Attorneys anE
Counaelora
P.O. Boa X27
MerlOlen, IOapo
83802
Telephone 888~se81
d. That granting the variance would have the effect
of altering the interest and purpose of this Ordinance
but not of the Comprehensive Plan, or the legislative
intent and purpose of Idaho Code 67-6530 through 67-
6532.
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 8
12. That it is concluded the Application should be granted
as it pertains to the variance from the lot frontage requirement
of 70.00 feet but the minimum lot frontage as measured at the
chord length of the radius of the culdesac shall be no less than
40.00 feet. That it is concluded that the Application should
not be granted as it pertains to the variance from the
pressurized irrigation system, however, the Applicant shall not
be required to install more than "dry lines" until the City
Engineer has prepared standards for pressurized irrigation
systems.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN YERRINGTON
COUNCILMAN GIESLER
COUNCILMAN MYERS
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
AM BROSE,
FITZGERALD
&CROOKSTON
AllOrneye entl
Couneeloro
P.O. Boa K17
MerlElen, Itleho
B38/Z
TeleOhone BBBd~81
APPROVED:(iih,[ dl•
~"t~-
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 9
VOTED ~~'a
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• EXHIBIT "B" •
in access aisles to and from public rights-of-way. All parking
areas with a capacity over twelve (12) vehicles shall be striped
with double lines six (6) inches both sides of center between
stalls to facilitate the movement into and out of the parking
stalls.
6. Off-Street Parking Design and Dimensional Tables:
~~
L~~~'
~J~ __C
PARALLEL 46°
60°
90°
45° 60° 90° Parallel
A. Width of Parking Space ~~+ 10' }per 9' -1-0~ 9' 9'
B. Length of Parking Space 15' 18' 19' 23'
C. Width of Driveway Aisle 13' 17' 26' 12'
2-414 E SCHEDULE OF PARKING SPACE REQUIREMENTS
1. Computation of Parkins Spaces: when the required number of
off-street parking spaces results in a fractional space, any
fraction of one-half (1/2) or less may be disregarded, while a
fraction in excess of one-half (1/2) shall be counted as one
(1) parking space.
2. For the purpose of this Ordinance, the following parking space
requirements shall apply:
^ Type of Use
I a. Residential
(1) Single-family or two
~ (2) family dwelling
(2) Multi-family dwelling
with three (3) or more
dwelling units
Parking Space Required
Two (2) for each unit;
Two (2) for each unit;
-55-
EXHIBIT "C" •
9-605 B STREETS
1. Dedication - Within a proposed §ubdivision, arterial and collec-
tor streets as shown on the Comprehensive Plan shall be dedicated
to the public in all cases; in general, all other streets strall
also be dedicated to public use.
2. Location - Street and road location shall conform to the location
requirements of ACRD or successor agency. ((hd.430,~-"L-R4)
3. Street and Road Specifications -
a. Street Right-of-Way widths - Slrall comply with ttre require-
ments of ACHD or any successor agency. Street arrd road
right-oF-way widths shall corrfor'm to the adopted major
street plan or comprehensive development plan and the
rules of the State Department of Highways and the highway
District or Department having jurisdiction. Minimum
right-of-way standards are as follows:
Hiylrw~ and Street 'Types widths
lispresswav ur Ili•rm•al' ..........................I (i(1 )_Glt lee[
Major Arterial .................................... 80 Icrt
Minor Arterial .................................... GG (cct
C:ullcctur Sncet ................................... GO Ice[
Minor Strcct ..................................... SU (cct
Nun-Cuutinuuus kcsidcotial Strcct .. . (,
...............40- 4 I ~ •t
Section Line Roads 80 rf`eet
b. Street Grades - Street grades shall not exceed ten (10)
percent on either minor or collector streets, and six (6)
percent for arterial streets. The minimum grade of all
streets shall be 0.3 percent.
c. Street Alignment -Street alignment slralL be as follows:
1) Horizontal Alignment -When street lines deflect from
each other by more than ten (10) degrees in aligrunerrt,
the centerlines shall be connected by a curve having
a minimum radius of five hundred (500) feet for
arterial streets, three hundred (300) feet for collec-
tor streets. Between reverse curves on collector and
arterial streets, there shall be a minimum tangent
distance of two hundred (200) feet; and
2) Vertical Alignment - Minimum stopping sight distances
shall be two hundred (200) feet for minor streets and
designed in accordance with design speed for collector
and arterial streets.
4. Street Names - The naming of streets Slrall conform to the
following:
_17_
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• EXHIBIT "D" •
SEC. 7-T.3N.-R IE.
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*County Zone
-8-
;:~
ORDINANCE NO.~~
AMBROSE,
FITZGERALD
BCROOKSTON
Altornaya and
Counaelore
P.O. Box lY7
MarlElen, IBalro
8381E
Telepaone 8B8-1181
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING VARIOUS SECTIONS
OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN
AS FOLLOWS: AMENDING SECTION 11-9-605 J., FENCES, BY THE
ADDITION THERETO Of A NEW SUBSECTION TO BE NUMBERED 10 AND WHICH
SHALL GOVERN PROCEDURES FOR VARIANCES FROM THE FENCE ORDINANCE;
AMENDING SECTION 11-2-411 BY THE ADDITION THERETO OF A NEW
SUBSECTION TO BE DESIGNATED AS H. AND WHICH SHALL PROVIDE THAT
ALL SINGLE FAMILY DETACHED HOUSING UNITS SHALL HAVE A TWO CAR
GARAGE; AMENDING SECTION 11-2-409 BY THE ADDITION THERETO OF A
NEW SUBSECTION TO BE DESIGNATED AS D. AND WHICH SHALL PROVIDE
THAT LIVESTOCK AND POULTRY SHALL BE PROHIBITED WITHIN ALL ZONING
DISTRICTS OF THE CITY, PROVIDING FOR GRANDFATHER RIGHTS, AND
PROVIDING FOR EXCEPTIONS IN CASES OF ZONING FOR MEAT AND POULTRY
PROCESSING; AMENDING SECTION 11-2-410 A. TO SPECIFY THAT IN THE
R-8 RESIDENTIAL ZONE THAT FOR TWO FAMILY DWELLINGS THE 4,250
SQUARE FOOT MINIMUM LOT SIZE APPLIES TO EACH DWELLING UNIT SUCH
THAT IN THE CASE OF A DUPLEX IN THE R-8 ZONE THE MINIMUM LOT
SIZE WOULD BE 8,500 SQUARE FEET; AMENDING SECTION 11-2-414 D. 6.
A. TO REDUCE THE MINIMUM WIDTH OF PARKING SPACES; AMENDING
SECTION 11-2-414 D. 6. BY THE ADDITION THERETO Of NEW SUBSECTION
DESIGNATED D. WHICH SHALL PROVIDE THAT UPON PETITION PORTIONS OF
THE PARKING REQUIREMENTS FOR OFF STREET PARKING MAY BE FULFILLED
BY COMPACT CAR SPACES OF AT LEAST 7 i/2 FEET IN WIDTH AND 15
FEET IN LENGTH; AMENDING SECTION 11-2-421 BY THE ADDITION
THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS E. AND WHICH
SHALL PROVIDE THAT NO OCCUPANCY PERMITS SHALL BE ISSUED TO ANY
PROPERTY UNTIL ALL UTILITIES ARE IN PLACE AND OPERABLE AND UNTIL
ALL REQUIREMENTS OF THE CITY HAVE BEEN MET; AMENDING SECTION 11-
9-606 BY RENUMBERING SUBSECTION D. CHANGING IT TO E. AND
ADOPTING A NEW SUBSECTION TO BE DESIGNATED AS D. WHICH SHALL
PROVIDE THAT A BUILDING PERMIT MAY BE ISSUED PRIOR TO COMPLETION
OF PUBLIC IMPROVEMENTS BUT ONLY UPON PROVIDING A GUARANTEE THAT
ALL IMPROVEMENTS WILL BE COMPLETED AS AUTHORIZED IN SECTION 11-
9-606 C.; AMENDING SECTION 11-9-605 B. 3. UNDER "HIGHWAY AND
STREET TYPES" TO ADD A NEW CATEGORY KNOWN AS "SECTION LINE
ROADS" AND PROVIDING THAT THEY SHALL HAVE A WIDTH OF 80 FEET;
AMENDING SECTION 11-9-606 B. BY THE ADDITION THERETO OF A NEW
SUBSECTION DESIGNATED AS 14. WHICH SHALL REQUIRE PRESSURIZED
IRRIGATION SYSTEMS IN ALL SUBDIVISIONS WHICH SHALL BE INSTALLED
BY THE DEVELOPER AT THE SAME TIME AS THE DOMESTIC WATER LINES
ARE INSTALLED; AMENDING SECTION 11-9-605 B. BY THE ADDITION
THERETO OF A NEW SUBSECTION DESIGNATED AS 6 AND WHICH SHALL
PROVIDE THAT NO STREET WHICH ENDS IN A CUI-DE-SAC OR A DEAD-END
SHALL BE LONGER THAN 450 FEET; AMENDING THE OFFICIAL ZONING
MAPS, SECTION 11-2-425 TO REZONE FROM R-8 RESIDENTIAL TO
ORDINANCE PAGE - 1
GENERAL RETAIL AND SERVICE COMMERCIAL THREE PARCELS OF LAND ON
FAIRUIEW AVENUE; 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 amend certain provisions of the
Zoning and Development Ordinances as set forth hereinafter;
WHEREAS, the Planning and Zoning Commission of the City of
Meridian instituted proceedings to amend the Zoning and
Development Ordinances by petitioning for amendment and
subsequently amending said petition by the addition of
additional amendments; and
WHEREAS, all of the requirements of the Local Planning Act
of 1975, Chapter 65, Title 67, Idaho Code, and all of the
requirements of the amendment procedures of the Zoning and
Developments Ordinances of the City of Meridian have been met,
including adoption of findings of fact and conclusions of law;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 11-9-605 J., FENCES, is hereby
amended by the addition thereto of a new subsection to be
numbered 10 and which shall read as follows:
10. That if an owner or applicant desires to obtain a
AMBROSE,
FITZGERALD
SCROD KSTON
Altomeye ana
Counaelora
P.O. eoz 427
Mar101an, ItlNo
axaz
TelapMne B88~N61
variance from the provisions of this Section, 11-9-605
J, LACES, it s a not a treate as a variance
pursuant to the provisions o - - 9 or - - of
the evise and om i e Or finances and t e proce ure
or such a variance s a not a governe y t e
aforementioned two sections. There shall be a special
proce ure or variances rom is ence or finance
which sha be as o ows:
a. The owner or applicant shalt file an application
ORDINANCE PAGE - 2
for a fence variance with the City Clerk, which
application shal state the fol owing:
I. Address of subject property;
2. Name, address and phone number of applicant;
3. Name, address and phone number of owners of
t e subdect property;
4. Proof of ownership:
5. Legal description of subject property;
6. Present use of subject property;
7. Zoning of the subject property;
8. Schematic drawing of the building and
propose ence;
9. List of the mailin addresses of all
property owners rom aut entic tax recor s
off" Ada county within 0 eet o the
externa nun arses o t e an e~nq
cons ered,
10. Minimum requirements of this ordinan ce that
n~ to a re uce o permit t e p ropose
t`ence: "
11. An application fee established by resolution
of t-~fie~ounciT:
12. A statement from the titled owner that
grants a l ien to t o i ty o secure t o
payments o a c o s t s o t e s t y i n
processin tthe variance a~ cation,
inc u ing the engineering anT pu6Tication
attorney costs an ees;
AMBROSE,
EITZGERAID
6CROOKSTON
Atlorneys antl
Counaelore
P.O. Box IZ]
MeriCian, Itla~o
&9841
TelaDaone 88a~N81
b. Upon receipt of the fence variance application
tfi~e zonin a min~strator s a set a earin an see
that notice is mai ed y first c ass mai to a
owners o property within eet o t o ra sus o
the subject property, which hearins shall be he d not
sooner an 13 a~"'y~ter e maiTtn ot•~ie require3
notice an not more t an ays a ter mai in o the
require notice. he notice o Hearin oes not nee
to a pu ishe in the o ~cia newsoaoer.
ORDINANCE PAGE - 3
c. The hearing established by this subsection shall
be conducts by the ence variance committee which
committee sha a comprised o the ,ty n sneer, the
Mere ian o ice C ie one ounce Member an one
anning an onin ember. A Quorum o said
committee s a e a minimum o three mem ers o the
committee.
d. U on hearin the request for the fence variance,
the committee shal either approve or eny o_r approve
with conditions, the app iT cation for fence variance;_
that no wr itte- n fi~in s oft shall be required but
a written ec~sion sha a written to the app scant
and to any party requesting written note ication of
the decision at the hearing.
AM BROSE,
FIT2GERALD
A CROOKSTON
Attorneys entl
Couneelore
P.O. Box l2]
Merltllan, IWho
B3M2
TeleP~one BBBJIBt
e. APPEA
3`ecisior n
pursuant to
Hny
he comm
ection
a_p rty may appeal th
ct y to the sty ounce
SECTION 2: That Section 11-2-411, RESIDENTIAL HOUSING
STANDARDS, is hereby amended by the addition thereto of a new
subsection to be designated H. and which shall read as follows:
H. GARAGES :_ That all single family detached housing
units shaT have a garage cape T~ housing at east
sta~~ze automo i e1 5, at a minimum.
SECTION 3: That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, is hereby amended by the addition thereto of a new
subsection to be designated D. and which shall read as follows:
D. LIVESTOCK AND POULTRY PROHIBITED: Within any of
the zonin districts o~ the Cit- of -Meridian it she
be unlaw u to use the and or the eep~ng_or ho~u_s~in~
0 ou try or ivestoc t at a you try or eves- took
presently ept or maintains prior to the pass~e_ of
this section this ordinance s~aT-T-tea ow~o
continue unti the property t a t ey are ept on or
maintains on ceases to a use or suc purposes or
a period in excess o one year an after that one year
you try or ivestoc may not a ain e a e to a ept
or maintained on that property, prove ed hat said
orooerty was sine Baal v use to eeo or maintain
ORDINANCE PAGE - 4
aaarieved
poultry or livestock prior to ado_ption_ of this
ordinance; a~ pr=ovided however, that property
present y or su Sequent y zone or t e use o meat or
you try rocessin s a e a owe to eep or
maintain you try or 7veStOC .
SECTION 4: That Section 11-2-410 A., ZONING SCHEDULE OF
BULK AND COVERAGE CONTROLS, is hereby amended such that the R-8
Zone minimum lot area states that 4,250 square feet is required
per dwelling unit and shall read as set forth in Exhibit "A"
attached hereto and incorporated herein by this reference as if
set forth herein in full.
SECTION 5: That Section 11-2-414 D. 6., is hereby amended
such that the width for parking spaces in the following types of
parking will be reduced to the following: 45 degrees -- 10
feet, 60 degrees -- 9 feet, g0 degrees -- 9 feet; and the
ordinance shall read as set forth in Exhibit "8" attached hereto
and incorporated herein by this reference as if set forth herein
in full.
SECTION 6: That Section 11-2-414 D. 6., is hereby amended
by the addition thereto of a new subsection to be designated as
D. and which shall read as follows:
D. PETITION FOR COMPACT SPACE: Upon petition arkin
spaces may e a owe to u i the above
requirements w is are c assi ie as comoact car
parxin~g spaces, ana wnicn are so properly aesignatea
and which h--ave ~cTimens- o s ~~ f~idth and 15
oot ength.
SECTION 7: That Section 11-2-421 is hereby amended by the
AM BROBE,
FITZGERALD
fl CROOKSTON
Attomays and
Cooneelore
P.O. Box 02]
Maritlian, Itlano
83802
reiaPnone sequel
addition thereto of a new subsection to be designated as E. and
known as OCCUPANCY PERMIT ISSUANCE, and which shall read as
ORDINANCE PAGE - 5
~~
follows:
AMBROSE,
FITZG ERALO
dCROOKSTON
Atlorneya and
Counselors
p.o. 60. azT
Merlelan, loaho
S36eP
Telephone BB&I~Bi
•
E. OCCUPANCY PERMIT ISSUANCE: There shall be no
occupancy permit issued to any property unti aTl-
utilities are in p ace and operab e, which uti sties
s~ inc u e, as appropriate, water, se_wer,_9as,
electricity-` pressuriz~Ice irrigati~ on and to ep noh e; no
occupancy ermit s~TT~e~issu~ed-unti~a~T
requirements o the sty o Meridian ave een met.
SECTION 8: That Section 11-9-606 is hereby amended by
changing the designation of subsection D., PENALTY IN CASE OF
FAILURE TO COMPLETE THE CONSTRUCTION OF A PUBLIC IMPROVEMENT, to
E. and adding a new subsection to 11-9-606 to be designated as
D., known as ISSUANCE OF BUILDING PERMIT, and both subsections
D, and E. shall read as follows:
D. ISSUANCE OF BUILDING PERMIT: A build in permit for
t e construction o a we ing or ui ing or
structure may e a owe prior to comp etion o~ aTl
improvements require y ections - - an - -
606 on y upon providing a guarantee o comp etion o
improvements as authorized by subsection 3T~b~C.
., in the form o a cos eposit, certi ie c ec ,
negotiable bond, or an irrevocab a bank etter of
cre it. a o which must a acceotab a to the sty.
DE. PENALTY IN CASE OF FAILURE TO COMPLETE THE
CONSTRUCTION OF A PUBLIC IMPROVEMENT
In the event a subdivider and/or owner shall, in any
case, fail to complete the public improvements
required as a condition of the final plat in the time
period required, it shall be the responsibility of the
Council to proceed to have such work completed either
by foreclosing its lien or, in the event financial
guarantees have been required, to pursue the remedies
provided by those financial guarantees.
SECTION 9: That Section 11-9-605 B. 3. a., Street Right-
of-Way Widths, is hereby amended by the addition thereto under
the Highway and Street Types table a new category entitled
ORDINANCE PAGE - 6
• s
"SECTION LINE ROADS" and the widths stated thereunder shall be
80 feet and the table shall read as set forth in Exhibit "C"
attached hereto and by this reference incorporated herein as if
set forth in full.
SECTION 10: That Section 11-9-606 B.is hereby amended by
the addition thereto of a new subsection to be designated as
14., and known as PRESSURIZED IRRIGATION SYSTEM, and which shall
read as follows:
14. PRESSURIZED IRRIGATION SYSTEM: In each
subdivision tie su ~v~ er s provide by
un er roun ti e, or other eke sates actory
underground con_uit, pressurize irrigation water to
each an every of t within th-~3iv~sion; hat t e
pressurize irri an on system s a be constructe and
insta a at t e same time as the omestic water
ines, ut s a not necessari y e in the same
trenches; that there sha be no cross connections
between the omestic water ines and t e irrigation
water ines that do not comp y with section 4- 43 of
the Revise an om i e r finances o the qty of
ere ian; that the ity En ineer is hereby authorized
an irecte to esta fish ru es an regu ations and
stan~ar~s~or pressurized Trri atTOn systems an that
a pressurize irri a ion sys ems s a comp y with
those standar s, ru es an re u ations. rovided,
however, that the requirements o this su section may
be_waive upon proo t at any particu ar ot, parce ,
or piece- o~ and oes no ave water rig~its in an
existino irrioation istrict.
AMBROBE,
FITZG ERALD
SCROOKSTON
Attorneys antl
Countwloro
P.O. Boz /2T
Metltllan,ltleho
&'1812
TeleDhona B88~/181
SECTION 11: That Section i1-9-605 B.is
the addition thereto of a new subsection to be
and known as CUL-DE-SACS, and which shall read
6. CUL-DE-SACS: No street which ends
sac or a ea -en s a e on er an
ift~ y feet
SECTION 12: That the real property descr
ORDINANCE PAGE - 7
hereby amended by
designated as 6.,
as follows:
in a cul-de-
o u~` r uh~~
ibed as Lots 1 and
Z Chapin Subdivision # 2, records of Ada County, Idaho, and
that property described as the North 150 feet of parcel 2700 of
the Northeast 1/4 Northwest 114, of Section7, Township 3 North,
Range 1 East, Boise, Meridian, Ada County, Idaho, are hereby
rezoned from R-8 Residential to C-G General Retail and Service
Commercial, and the Official Zoning Maps contained in Section
11-2-425 are hereby amended as shown in Exhibit "D" attached
hereto and by this reference incorporated herein as if set forth
in full.
SECTION 13: EFFECTIVE DATE: WHEREAS, there is an
emergency therefor, which emergency is hereby declared to exist,
this Ordinance shall be in full force and effect from and after
its passage, approval and publication according to law.
PASSED AND APPROVED this ~r ~ day of April, 1990.
CITY OF MERIDIAN
BY:
TTEST:
AMBROBE,
FITZG ERALD
S CROOKSTON
Attorneys snE
Counselors
P.O. Bor X27
MerlElan, IESho
8384
TalaPNOne BBBH81
,:~
N ~/ ~I
THIS MUST BE CHANGED AND THE ABOVE LEGALS CHECK
STATE OF IDAHO,)
ORDINANCE PAGE - 8
AMBROSE,
FITZGERALO
SCROOKSTON
Atrornays and
Counaelora
P.O. Boz 12]
Mantuan, laano
eaeoz
raleonona eee~uat
SS.
County of Ada, )
I, JACK NIEMANN, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled, "AN
ORDINANCE OF THE CITY OF MERIDIAN AMENDING VARIOUS SECTIONS OF
THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AS
FOLLOWS: AMENDING SECTION 11-9-605 J., FENCES, BY THE ADDITION
THERETO OF A NEW SUBSECTION TO BE NUMBERED 10 AND WHICH SHALL
GOVERN PROCEDURES FOR VARIANCES FROM THE FENCE ORDINANCE;
AMENDING SECTION 11-2-411 BY THE ADDITION THERETO Of A NEW
SUBSECTION TO BE DESIGNATED AS H. AND WHICH SHALL PROVIDE THAT
ALL SINGLE FAMILY DETACHED HOUSING UNITS SHALL HAVE A TWO CAR
GARAGE; AMENDING SECTION 11-2-409 BY THE ADDITION THERETO OF A
NEW SUBSECTION TO BE DESIGNATED AS D. AND WHICH SHALL PROVIDE
THAT LIVESTOCK AND POULTRY SHALL BE PROHIBITED WITHIN ALL ZONING
DISTRICTS OF THE CITY, PROVIDING FOR GRANDFATHER RIGHTS, AND
PROVIDING FOR EXCEPTIONS IN CASES OF ZONING FOR MEAT AND POULTRY
PROCESSING; AMENDING SECTION 11-2-410 A. TO SPECIFY THAT IN THE
R-8 RESIDENTIAL ZONE THAT FOR TWO FAMILY DWELLINGS THE 4,250
SQUARE F00T MINIMUM LOT SIZE APPLIES TO EACH DWELLING UNIT SUCH
THAT IN THE CASE OF A DUPLEX IN THE R-8 ZONE THE MINIMUM LOT
SIZE WOULD BE 8,500 SQUARE FEET; AMENDING SECTION 11-2-414 D. 6.
A. TO REDUCE THE MINIMUM WIDTH OF PARKING SPACES; AMENDING
SECTION 11-2-414 D. 6. BY THE ADDITION THERETO OF NEW SUBSECTION
DESIGNATED D. WHICH SHALL PROVIDE THAT UPON PETITION PORTIONS OF
THE PARKING REQUIREMENTS FOR OFF STREET PARKING MAY BE FULFILLED
BY COMPACT CAR SPACES OF AT LEAST 7 1/2 FEET IN WIDTH AND 15
FEET IN LENGTH; AMENDING SECTION 11-2-421 BY THE ADDITION
THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS E. AND WHICH
SHALL PROVIDE THAT NO OCCUPANCY PERMITS SHALL BE ISSUED TO ANY
PROPERTY UNTIL ALL UTILITIES ARE IN PLACE AND OPERABLE AND UNTIL
ALL REQUIREMENTS OF THE CITY HAVE BEEN MET; AMENDING SECTION 11-
9-506 BY RENUMBERING SUBSECTION D. CHANGING IT TO E. AND
ADOPTING A NEW SUBSECTION TO BE DESIGNATED AS D. WHICH SHALL
PROVIDE THAT A BUILDING PERMIT MAY BE ISSUED PRIOR TO COMPLETION
OF PUBLIC IMPROVEMENTS BUT ONLY UPON PROVIDING A GUARANTEE THAT
ALL IMPROVEMENTS WILL BE COMPLETED AS AUTHORIZED IN SECTION 11-
9-606 C.; AMENDING SECTION 11-9-605 B. 3. UNDER "HIGHWAY AND
STREET TYPES" TO ADD A NEW CATEGORY KNOWN AS "SECTION LINE
ROADS" AND PROVIDING THAT THEY SHALL HAVE A WIDTH OF 80 FEET;
AMENDING SECTION 11-9-606 B. BY THE ADDITION THERETO OF A NEW
SUBSECTION DESIGNATED AS 14. WHICH SHALL REQUIRE PRESSURIZED
IRRIGATION SYSTEMS IN ALL SUBDIVISIONS WHICH SHALL BE INSTALLED
BY THE DEVELOPER AT THE SAME TIME AS THE DOMESTIC WATER LINES
ARE INSTALLED; AMENDING SECTION 11-9-605 B. BY THE ADDITION
THERETO OF A NEW SUBSECTION DESIGNATED AS 6 AND WHICH SHALL
PROVIDE THAT NO STREET WHICH ENDS IN A CUL-DE-SAC OR A DEAD-END
SHALL BE LONGER THAN 450 FEET; AMENDING THE OFFICIAL ZONING
MAPS, SECTION 11-2-425 TO REZONE FROM R-8 RESIDENTIAL TO
GENERAL RETAIL AND SERVICE COMMERCIAL THREE PARCELS OF LAND ON
ORDINANCE PAGE - 9
11
FAIRVIEW AVENUE; AND PROVIDING AN EFFECTIVE DATE. passed as
Ordinance No. by the City Council and Mayor of the City
of Meridian, on the day of April, 1990.
DATED this
day of April, 1990.
~I 'rY~L R N
ADA COUNTY, IDAHO.
AMSROSE,
FITZG ERALD
E CROOKSTON
Atlomeye and
Counselors
STATE OF IDAHO,)
ss.
County of Ada, )
On this day of April, 1990, before me, the
undersigned, a Notary Public in and for the said State,
personally appeared JACK NIEMANN, known to me to be the person
who subscribed his name to the within and foregoing instrument,
and acknowledged to me the executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first
above written.
SEAL
Notary Pu is or I aho
Residing at Meridian, Idaho
R.o.eo..xv I ORDINANCE PAGE - 10
Marltllan, ItlMo
838sY
Telephone SS&se81
DELINQUENCY LIST
TURN OFF scheduled for APRIL 11,1990
Account Name & Address Amount Past Due
22 Leonard McFadden 52.40
132 W. Broadway
360 Ted J. Nelson 67.70
417 W. Broadway
430 Roger Brumbaugh 37.10
43 W. Broadway
466 Teco Investments 57.50
803 W. 2nd St
gll Gladys Cleymens 37.10
729 W. Idaho
g7g Deanco Inc 367.65
523-529-533 W. Idaho Ave
ggl Deanco 112.00
511-515-521 W. Idaho Ave
1196 Linda Cope 37.10
1002 W. Pine Ave.
3286 Lonnie Keating 57.50
711 W. Pine Ave.
3312 Sandy Myers 60.05
519 W. Pine Ave.
3442 Carol Cahill 40.25
1435 W. 1st St
3546 Phil Peterson 77.65
301 W. Maple
3584 Wilma Blair 24.30
1239 W. 2nd
3622 Russell L. McFarland 67.70
1217 W. 1st St
3652 Lisa L. Cox 67.70
1230 W. 4th
3686 Larry K. Meek 60.05
1432 W. 4th St
4752 R.W. Vantries 52.40
624 W. Carlton
5340 Thomas A Piepmeyer 77.90
1231 Elm Ct.
• Page 2
5568 Tommy Vincent 80.45
1329 W. 13th Ave
5574 Richard A Teutsch 60.05
1305 W. 13th Ave
5576 George Kinnedy 44.75
1231 W. 13th St
5606 Judy Albrecht 60.05
1406 W. 14th St
5612 Joland Durkin 18.92
1430 W. 14th St
5698 George Earley 75.35
1536 N. Linder
5712 Barry D. Mitchell 98.30
1527 Northgate Ave
5728 Thomas Piepmeyer 50.70
1405 Northgate Ave
5732 Dennis Goff 62.60
1423 W. 14th St
5782 Charles Harris 35.60
1434 Elm P1.
11116 Pioneer floors 145.40
657 N. Linder Rd.
22112 Phyllis Treasure 85.55
3950 Sugar Creek Dr
22406 Gary C. Newbold 57.50
1761 Interlachen Way
22436 Cecil Shearer 52.40
3861 Sugar Creek Dr
22466 Charles Bryan 52.40
3630 Quaker Ridge Dr
22516 Fredrick C. Huth 57.50
3419 Sugar Creek Dr
30830 Kendrick Wallace 52.40
2140 Todd Way
30912 Robert 6. Kock 42.20
1840 Todd Way
30920 Rick K. Coffman 88.10
1960 Marianne P1
/y i~ :n
• • page 3
30946 Ronald Schreiner 55.05
2001 Todd Way
31090 Clifford Wells 87.90
1830 W. Chateau Dr
32340 Thomas Pederson 60.10
1947 Sandalwood Dr
32466 Debra R. Rambo 67.70
1994 Sandalwood Dr
32566 Bernard Landry 49.85
2261 N. Linder Rd
37220 Shayne Upshaw 38.95
1310 Darrah Dr
37240 Virgil Smitchger 47.30
1464 Darrah Dr
38224 Randy Heffner 152.25
1426-36-42-52 Sandalwood Dr
38400 Michael Losh 70.25
1522 Kingswood Ave
38434 Robert Saunders 108.50
1227 Fairwood Dr
38490 Gerald R. Barnowski 62.60
1312 Tana Dr
38516 Vickee K. Larson-Poole 52.40
1328 W. Chateau Dr
38518 M. frank Jakomeit 36.40
1338 W. Chateau Dr.
38574 Harry Davis 47.30
2217 N.W. 14th St.
38600 Robin Yelton 62.60
1089 W. Chateau Dr
38766 Judith Cryer 62.60
811 Delmar Dr
38780 Joe N. DeGollado 29.90
2212 N.W. 10th Ave
40128 Vincent Gardner 72.20
2070 Crestmont Dr
41200 LeRoy F. Smith 79.60
694 Longford Dr
~4 1~;t3/C
• • page 4
41230 David L. Cantrell 67.70
690 Tiffany Dr
41250 Tom Kober 39.65
712 W. Willowbrook Dr
47884 David L. Stucker 62.60
1164 Torrington Ct.
47890 Paula Patterson 49.95
- 1155 W.: Chateau.Dr.
ggglg Calvin L. Bishop 77.00
923 E. Willowbrood Dr
48840 Michael Lacroix 77.90
1028 Clarene St
52298 Steven Fender 37.10
41 E. Carlton Ave
52964 John Pratt 37.10
7420 E. 2 1/2 St
53640 Moe Alidjani 47.10
200 E. Carlton
53802 Terry Woodward 207.05
1535 E. 1st St
53916 Bonnie Lynn Maxwell 58'.05
1422 Meridian St
53958 H.L. Roberts 44.75
1431 Meridian St
56392 It Happens 108.40
704 E. 1st St
56396 Idaho Tent & Canvas 82.80
708 E. 1st St
56444 Murri's Electronics 121.30
131. E. Idaho
56854 Timothy Moore 37.10
439 E. Pine Ave
58528 David Goncz 37.10
432 E. Pine Ave
59470 Mike Claunch 88.10
338 E. State #2
59472 Mike Claunch 42.20
338 E. Sate #1
„~
~=.=
~p
i 1[
• • page 5
59488 James Howell 106.05
234-236 E. State
59540 Steve's Radiator & Welding 82.80
41 E. Bower Ave
60158 Chanpman Industries 134.25
502 E. Bower
60478 Betty & Terri Raynor 47.10
210 E. King
61764 Treasure Valley Invst. 182.95
205 E. 3rd St
61778 Lorna Fanton 42.20
212 E. 2nd St
61784 Terry Glassinger 37.10
126 E. Williams Ave
70562 Michael L. Bachman 54.95
1836 S.E. 5th Way
92128 Clemente Gonzales 61.30
291 S.W. 7th Ave
92846 Steve McGowen 52.40
653 Fulmer Ct
976 Neal Town 54.95
673 W. Barrett
93344 Adan & Alice Gonzalez 39.65
210 S.W. 7th Ave
93345 Adan & Alice Gonzalez 65.15
220 S.W. 7th Ave
93464 Henkels & McCoy 27.50
601 W. Franklin
93793 Patrick Knighton 31.40
22 Rose Circle
94172 Dallas Evans 37.10
613 S. Meridian St
96910 Thomas H. Brandt 49.85
411 S. Meridian St
96920 Shellie A. Allen 39.65
403 Meridian St
I t //~1~, 3 <'
• . page 6
48556
48728
48734
48738
48744
48768
48790
Ermine Davis 57.50
1014 Claybourne Dr.
Kelly, Michael P1 52.40
2071 N.E. 10th Ave
Stephen Buffat 28.75
2092 N.E. 10th Ave
Kenneth H. Schneider 52.40
945 Claybourne Dr.
Wayne McGurer 47.30
1011 Claybourne Dr
Keith Butler 44.75
2052 N. Lark P1
Sanford E. Gates 37.10
2101 N. Lark Place
TOTAL 100 TOTAL $6607.22