HomeMy WebLinkAboutComprehensive Plan Amendment ProposedDEVELOPMENT SERVICES
DEPARTMENT
650 Main
Boise, Idaho 83702
February 8, 1991
Jack Niemann
Meridian City Clerk
33 Fast Idaho
Meridian, Idaho 83642
Dear Jack:
BUILDING DIVISION Phone: (208) 383-4423
PLANNING DIVISION (208) 383-4424
ZONING DIVISION (208) 383-4424
Please find enclosed copies of County Ordinance No. 229, amer4ing the
Meridian Area of City Impact, and County Resolution No. 613, the amended
Referral Process Agreement. These correspond with the Meridian City
Ordinance No. 545 and amended City Resolution No. 90, which you sent to me in
December.
As you know the new Area of City Impact Agreement and consequently the RT -
Rural Transition rezones, went into effect on January 14, 1991, upon
publication of Ordinance No. 229. In order to process applications in this
area, we would appreciate a new copy of the Meridian Camprehensive Plan,
including the recent amendments.
Thank you for your cooperation. Please let me know if you have any
questions.
Sincerely,
dl A
Sheri Freenuth
riFiii�.
Ada County Development Services
SF/dd
Ordinance No. 22.9
AN ORDINANCE AMENDING TITLE NINE, CHAPTER FOUR, THE MERIDIAN AREA OF CITY
IMPACT BY PROVIDING FOR ADDITIONAL LAND AREA TO BE INCLUDED WITHIN THE
BOUNDARY; PROVIDING THAT THE MERIDIAN COMPREHENSIVE PLAN OF JULY 17TH,
1990, SHALL APPLY TO THE MERIDIAN AREA OF CITY IMPACT; PROVIDING THAT
SUBDIVISION PLAT APPLICATIONS INSIDE URBAN SERVICE PLANNING AREA BOUNDARIES
IN RURAL TRANSITION (RT) ZONES SHALL INCLUDE A STREET AND UTILITY EASEMENT
PLAN FOR FUTURE RESUBDIVISION, WHICH MAY BE WAIVED BY THE MERIDIAN CITY
COUNCIL; PROVIDING THAT SUBDIVISION DEVELOPMENT INSIDE URBAN SERVICE
PLANNING AREA BOUNDARIES IN RURAL TRANSITION ZONES (RT) REQUIRES
INDUSTRIALIZATION OF DRY LINE SEWER AND WATER PRIOR TO OCCUPANCY OF THE
FIRST DWELLING, UNLESS WAIVED BY MERIDIAN CITY COUNCIL; AND FINALIZING THE
REZONING OF FORMER AP -1, AP -2, AND RR PARCELS TO RT.
BE IT ORDAINED THAT ADA COUNTY CODE TITLE NINE, CHAPTER FOUR, MERIDIAN AREA
OF IMPACT, WILL BE AMENDED AS FOLLOWS:
CHAPTER. 4
MERIDIAN AREA OF CITY IMPACT
SECTION:
9-4-1: Meridian Area of City Impact Boundary
9-1-2: Annexation, Area of Impact
9-4-3: Applicable Plan Policies and Ordinances
9-4-4: Coordination of Plan Amendments, Ordinance Amendments
and Zoning Applications
9-4-5: Renegotiation
q -a-1: MERIDIAN AREA OF CITY IMPACT BOUNDARY:
A. Meridian Area of City Impact Boundary Map:
1. The Meridian Area of City Impact is the area designated on the
Meridian Area of City Impact Boundary Map, hereby fully
incorporated by reference, copies of which are available for
inspection at the Ada County Department of Development Services.
2. Amendments to the maps are as follows:
a. Ordinance No. 2.29, December 20, 1990
is
B linea
aof the rMeridian operty nArea der s�oflCity nImpact and d,the eline dividesnsuch
property so that one or both of the parts has a depth of three hundred
feet (300') or less, such part may be included in the jurisdiction
within which the remainder and larger portion of the property is
located.
9.4.2; ANNEXATION, AREA OF IMPACT:
those lands
Annexation by the City of Meridian shallContiguousbe etotthe boundaries
A.
lying within the area of impact and being
of the City of Meridian.
ORDINANCE N0. 229 - PAGE 1 OF 3
Upon annexation, the provisions of this agreement shall no longer
apply to the annexed area.
9-4-3: APPLICABLE PLAN POLICIES AND ORDINANCES:
A. The Ada County Meridian Comprehensive Plan as amended by the City of
Meridian on July 17, 1990,--Rura; Area SeetieR adopted �y Ada -6e pey
as of May 183 1983s shall apply to the Meridian Area of City Impact.
8. PreseRtly zoned 1ands sba11 be allewed to develop }R aeeerdaRee w*th
deaelopmeRt standards eeRta*Red 1p Ada County Zen*R9 9rd4panee-
6- B. All subdivision plats, situated within the area of impact, shall
be submitted to the City of Meridian for approval, in addition to Ada
County approval, as provided in Idaho Code Ssection 50-1306.
C. All subdivision plat applications in the Urban Service Planning Area
for land zoned RT (Rural TransitionTshaTF reqa street and
utility easement pp aT��n: P—
a 1-5n sF571uire o� provide- uture
resubdivision to ur abensities anZ sha1TTe inc luded on the-fi'n—aT
pkat. This requirement 2�aaived if a letter is submitted to the
Director from the Meridian Citv Council rior to preliminaryp=at
aoprovaT bye 3oara-.—
D. A condition of approval for all subdivision plats in the Urban Service
7lannana Area for T�zoned�2i ura rans'ition) shall require tFat,
prior to o_cc_upancv of the e ubF10si n s irk -st �1 iT'ng umt��ry
sewer and wa ines sha1T ee installed to accommodate th�utare
resubdivision to ur aane�ies. iF1s requirement mav-Se wafveUil a
ette�bmittea io t e erector from tiFeM1eri-d�ian City �ounciT
p
rfor to preliminary pTat approval -lam tYe-6oarT.
B: E. The Ada Countv Code, Title 8, the Zoning Ordinance ,' shall be
used to implement this TFiapter. A71 Tnd use applications shall also
comply with the provisions of this Chapter.
9-4-4: COORDINATION OF PLAN AMENDMENTS, ORDINANCE AMENDMENTS AND
ZONING APPLICATIONS:
All applications for County and City amendments to their respective
Comprehensive Plans and implementing ordinances which apply within the
Meridian Area of City Impact shall be sent by the entity considering
such amendment to the other entity. A separate Referral Process shall
be adopted by resolution by each entity regarding procedures and time
periods for, and the effect of, sending such amendments, and such
resolution may be amended from time to time upon mutual agreement in
writing by Ada County and the City of Meridian.
B. All County applications for planned developments, subdivisions,
rezones, private roads, and conditional use permits within the
Meridian Area City Impact shall be sent to Meridian, in accordance
with the Referral Process arrive at pursuant to subsection A above.
ORDINANCE NO. 229 - PAGE 2 OF 3
9-4-5: RENEGOTIATION:
A. In accordance with Idaho Code § 67-6526(d), the Meridian City Council
or the Board 9€-Ada-heuRty-99Fw4ss4eRews may request, in writing,
renegotiation of any provision of this Chapter at any time. Within
thirty (30) days of receipt of such written request by either party, a
meeting between the two (2) jurisdictions shall occur.
While renegotiation is occurring, all provisions of this Chapter shall
remain in effect until this Chapter is amended or a substitute
ordinance is adopted by Meridian and Ada County, in accordance with
the notice and hearing procedures provided in tot;e 67s ehaptee 65 e€
Ada Count and Idaho Code s, or until a declaratory judgment from
tt e District Court is final. Provided, however, that this Chapter or
stipulated portions thereof shall be of no further force and effect if
both jurisdictions so agree by mutually adopted resolution.
4Ada 6eeRty Gedev T4tle 8
ADOPTED THIS 20TH DAY OF DECEMBER, 1990, IN BOISE, IDAHO.
BOARDOF COUNTY COMMISSIONERS
By:
Vernon L. iste dt, airman
By:. 0-4,
Ju/Yl avey, Commissioner
By: G2JC. —
ave 0 Learv, Commlktyoner
ORDINANCE N0. 229 - PAGE 3 OF 3
LEGAL NOTICE OF ZONE CHANGE
AS SHOWN ON THE FOLLOWING MAP, AND AS AGREED BETWEEN ADA COUNTY AND THE CITY
OF MERIDIAN, IN ACCORDANCE WITH THE ADOPTED AREA OF CITY IMPACT AGREEMENT
AND THE REFERRAL PROCESS, THE AREAS INSIDE THE MERIDIAN AREA OF CITY IMPACT
BOUNDARY CURRENTLY ZONED AP -1 (AGRICULTURAL PRESERVATION), AP -2
(AGRICULTURAL PRESERVATION/URBAN EXPANSION), AND RR (RURAL RESIDENTIAL) ARE
HEREBY REZONED TO RT (RURAL TRANSITION).
BOARD OF COUNTY COMMISSIONERS
Bv:
ernon L. inter a dt, hairman
2:L4-�Ju y M. eavey, Commissioner
By: �OA-1t
eary, sior ave
MERIDIAN
IMPACT AREA EXPANSION AND REZONES
E-
H
z
0
U
z
0
z
d
U
CITY
OFLAKE OAZEL RD
MERIDIAN F
LEGEND
coL
AREA OF IMPACT
— — — —
CITY LIMITS
-------------'
REFERRAL AREA
�••�••�"�"
URBAN SERVICE
PLANNING AREA
PROPERTIES ZONED
AP -1, AP -Z, RR
SHALL BE REZONED>
:� J
TO RT
R.
RESOLUTION NO. 613
WHEREAS, the 1975 Local Planning Act requires that Ada County
establish an area of city impact with negotiated boundaries for each city
and to designate the comprehensive plans and ordinances which will apply
within each such area of city impact; and
WHEREAS, Ada County and the City of Meridian have adopted a City
of Meridian Area of City Impact Agreement and have adopted boundaries for
the City of Meridian Area of City Impact as by reference to Ada County Code,
Title 9, Chapter 4, as will more fully appear; and
WHEREAS, Idaho Code § 67-6526 establishes procedures for amending
or changing said area of city impact, ordinances, and boundaries; and
WHEREAS, the City of Meridian and the County of Ada have agreed to
amend their respective City of Meridian Area of City Impact Ordinances and
the boundaries of the City of Meridian Area of City Impact, and have passed
ordinances to implement these changes, as will more fully appear by
reference to County Ordinance No. 2.29 and City of Meridian Ordinance No.
545; and
WHEREAS, the City of Meridian and Ada County adopted a referral
process to govern the procedures for transferring information between
entities and for referring to each other and development applications for
amendments to comprehensive plans, zoning ordinances and subdivision
ordinances; and
WHEREAS, the City of Meridian and the County of Ada have agreed to
amend the referral process agreement establishing these procedures;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADA COUNTY
COMMISSIONERS that Ada County shall adopt the amended city of Meridian Area
RESOLUTION NO. 613 - PAGE 1 OF 2
of City Impact referral process which is attached hereto as Exhibit "A" and
made a part hereof by reference.
BE IT FURTHER RESOLVED that this Resolution shall be effective
upon passage and approval.
ADOPTED BY THE BOARD OF ADA COUNTY COMMISSIONERS, IN BOISE, IDAHO,
THIS r � DAY OF 1991.
BOARD OF ADA COUNTY COMMISSIONERS
By:
By-
ATTEST:
J.luavid Navarro, Aaa Ldunty er
RESOLUTION NO. 613 - PAGE 2 OF 2
I
, xommiss
EXHIBIT "A"
AMENDED CITY OF MERIDIAN AREA OF CITY IMPACT
REFERRAL PROCESS AGREEMENT
SECTION 1.0 AMENDMENT OF CITY COMPREHENSIVE PLAN AND ORDINANCES
1.1 All proposed amendments to the Meridian Comprehensive Plan or
the Meridian Zoning and/or Subdivision Ordinances shall be forwarded to
the Ada County Development Services Department Director by the Meridian
City Clerk at least fifteen (15) days prior to any public hearing on
any such proposed amendment(s), whether said amendment(s) is before the
Meridian Planning and Zoning Commission or the Meridian City Council.
The Ada County Department of Development Services shall determine
whether or not such amendment(s) is (are) in conflict with either the
Ada County Comprehensive Plan or the Ada County Zoning Ordinance. The
Ada County Development Services Department Director shall notify the
Meridian Planning and Zoning Commission, or the Meridian City Council,
as the case may be, of such determination in writing prior to or at
such public hearing. Such input from the County shall not be binding
or controlling on Meridian, but shall be treated as documentary
evidence.
1.7. When the Meridian City Council has rendered a final decision
to adopt an amendment to the Meridian Comprehensive Plan or the
Meridian Zoning and/or Subdivision Ordinances, the Meridian City Clerk
shall, within fifteen (15) days, forward a copy of the final document
to the Ada County Development Services Department Director and the
Board of Ada County Commissioners, along with a notice as to when the
EXHIBIT "A" - PAGE 1 OF 4
amendment will take effect in the City. Within thirty (30) days after
the Plan amendment was mailed, the Board of Ada County Commissioners
shall either protest the amendment and request renegotiation of the
area of city impact ordinances, or if necessary, shall direct the Ada
County Planning and Zoning Commission to schedule the amendment for
public hearing as an amendment to the area of city impact ordinance.
SECTION 2.0 AMENDMENT OF COUNTY COMPREHENSIVE PLAN AND ZONING ORDINANCE.
2.1 All proposed amendments to the Ada County Comprehensive Plan
and/or the Ada County Zoning Ordinance shall be forwarded by the Ada
County Development Services Department Director to the Meridian City
Clerk at least thirty (30) days prior to any public hearing on any such
proposed amendment(s). The Meridian City Council and/or the Meridian
Planning and Zoning Commission shall determine whether or not such
amendment is in conflict with one or more of the goals, objectives,
policies, or provisions of Meridian Comprehensive Plan, or the Meridian
Zoning and/or Subdivision Ordinances. The Meridian City Council shall
notify the Ada County Development Services Department of such
determination in writing prior to or at such public hearing. Such
input from the City shall not be binding or controlling on the County,
but shall be treated as documentary evidence.
2.2 The Board of Ada County Commissioners shall notify Meridian,
in writing, of the County's action on such amendment(s) within fifteen
(15) days following a final decision on such matter along with notice
as to when the amendment(s) will take effect in the County. Within
thirty (30) days after the amendment(s) were mailed, the Meridian City
CounCil Shall either protest the amendment(s) and request renegotiation
EXHIBIT "A" - PAGE 2 OF 4
of the Area of City Impact Ordinances, or if necessary, shall direct
the Meridian Planning and Zoning Commission to schedule the amendment
for public hearing as an amendment to the Area of City Impact
Ordinance.
SECTION 3.0 PROCESSING OF LAND USE APPLICATIONS IN THE MERIDIAN AREA OF
CITY IMPACT
3.1 Thirty (30) days prior to any county public hearing on such
application, the Ada County Development Services Department Director
shall send to the Meridian City Clerk all County land use applications
concerning property located within the Meridian Area of City Impact
including, but not limited to, applications for: planned developments,
subdivisions, rezones, private roads, and conditional use permits. The
Meridian Planning and Zoning Commission or the Meridian City Council
shall make recommendations to the Ada County Development Services
Department Director on such application, in writing, and shall cite the
Meridian Zoning and/or Subdivision Ordinances or the Meridian
Comprehensive Plan policies, goals, objectives or provisions supporting
such recommendation. Such recommendation shall be mailed to the Ada
County Development Services Department Director within thirty (30)
days. Such input from Meridian shall not be binding or controlling on
the County, but shall be treated as documentary evidence.
3.2 Neither the Board of Ada County Commissioners nor the Ada
County Planning and Zoning Commission shall hold a public hearing on
such application until the recommendation of the Meridian City Council
or the Meridian Planning and Zoning Commission, as the case may be, has
EXHIBIT "A" - PAGE 3 OF 4
been received, or the date the County should have received said
Council's or Commission's recommendations, specified above, has passed.
3.3 The Ada County Department of Development Services will notify
the Meridian City Clerk in writing of the County's action on land use
applications located within the Meridian Area of City Impact but
outside the Meridian city limits within fifteen (15) days following
final decision by the appropriate County agency on such matter.
SECTION 4.0 AMENDMENT OF COUNTY PLAN AND ORDINANCES/ PROCESSING OF LAND
USE APPLICATIONS IN REFERRAL AREAS
Amendments to the Ada County Comprehensive Plan, the Ada County
Zoning Ordinance, and all Area of City Impact Ordinances which apply
within the Referral Areas, as identified on the City of Meridian
Area of City Impact Map, and all land use applications within those
referral areas shall be sent by the Ada County Development Services
Department Director to the Meridian City Clerk. Such documents
shall be mailed at least thirty (30) days prior to any public
hearing on them. Any comment by the Meridian City Council on such
documents shall be made to the Ada County Development Service
Department in writing prior to or at such public hearing. Such
input from Meridian shall not be binding or controlling on the
County, but shall be treated as documentary evidence. The Board of
Ada County Commissioners shall notify the Meridian City Council in
writing of the County's action on such documents within thirty (30)
days following a final action by Ada County on such matter.
EXHIBIT "A" - PAGE 4 OF 4
DEVELOPMENT -RESIDENTIAL APPLICATION; ESTABLISHES A PROCEDURE SECTION
CROSS-REFERENCING THE PROCEDURE FOR A PLANNED DEVELOPMENT. ADDS STANDARDS
FOR REZONE TO RR ZONE WHICH INCLUDES A CROSS-REFERENCE TO SECTION 8-18-9, AND
WHICH REQUIRES ADDITIONAL FINDINGS INCLUDING THAT THE PROPERTY MUST BE WITHIN
THE RURAL AREAS AND OUTSIDE THE WILDLIFE MANAGEMENT AREAS OF THE
COMPREHENSIVE PLAN, BUT INSIDE A FIRE PROTECTION DISTRICT, AND ABUTTING A
PUBLIC STREET. ADDS A DESIGN AND DIMENSIONAL STANDARDS SECTION WHICH
SPECIFIES THE MINIMUM LOT SIZE FOR AGRICULTURE WITH RESIDENCE IS 10 ACRES, 1
ACRE FOR COMMERCIAL, INDUSTRIAL, PUBLIC OR QUASI -PUBLIC USE, AND 10 ACRES FOR
GRAVEL PITS; THAT THE MAXIMUM HEIGHT IS 35' FOR ALL USES EXCEPT AGRICULTURAL
OUT -BUILDING; THAT THE MINIMUM PUBLIC STREET FRONTAGE IS 150' EXCEPT FOR
AGRICULTURAL OUT -BUILDINGS; MAXIMUM COVERAGE IS 35% EXCEPT FOR AGRICULTURE
WITH RESIDENCE WHICH IS 25%; A MAXIMUM LOT DEPTH REQUIREMENT IS SPECIFIED FOR
THE AGRICULTURE WITH RESIDENT USE.
AMENDS THE CURRENT AP -2 ZONE TO BE THE NEW RT, RURAL TRANSITION, ZONE WITHIN
THOSE AREAS IDENTIFIED ON THE FOLLOWING MAP IDENTIFIED AS EXHIBIT "A".
AMENDS THE PURPOSE SECTION TO ESTABLISH THAT THE RT ZONE COVERS LANDS LYING
WITHIN THE AREAS OF CITY IMPACT, THAT ARE NOT CURRENTLY ZONED RESIDENTIAL,
COMMERCIAL OR INDUSTRIAL; TO ESTABLISH THAT THESE AREAS ARE NOT SERVED BY
URBAN SERVICES AND THEREFORE URBAN GROWTH IS TO BE DISCOURAGED UNTIL SUCH
SERVICES ARE EXTENDED AND, AT THAT TIME, A NEW URBAN ZONING CLASSIFICATION
MIGHT BE APPROPRIATE. AMENDS THE PRINCIPAL PERMITTED, ACCESSORY, CONDITIONAL
AND PROHIBITED USE SECTIONS TO MOVE "DAIRY FARM" FROM A PRINCIPAL PERMITTED
TO CONDITIONAL USE. AMENDS THE DESIGN AND DIMENSIONAL STANDARDS SECTION TO
MODIFY THE MINIMUM LOT SIZES FOR AGRICULTURE WITH A RESIDENCE FORM 20 TO 5
ACRES, TO INCREASE THE MINIMUM PUBLIC STREET FRONTAGE FROM 150' TO 250' AND
THE MINIMUM SIDE AND REAR SETBACKS FORM 10' TO 50'.
AMENDS CHAPTER 11, SIGN PROVISIONS, TO DELETE REFERENCES TO AP -1 AND AP -2 AND
REPLACE THEM WITH RP, RR AND RT ZONES REFERENCES WHERE APPROPRIATE.
AMENDS SECTION 8-13-3A5 RELATED TO PRIVATE STREETS TO MODIFY THE MAXIMUM
NUMBER OF LOTS WITH RESIDENCES FROM 3 TO 4 ON ANY PRIVATE STREET GREATER THAN
400' AND TO ADD A PROVISION THAT WOULD ALLOW ANY STREET THAT MEETS PUBLIC
STREET CONSTRUCTION STANDARDS, AS SPECIFIED IN THE ADA COUNTY HIGHWAY
DISTRICT DEVELOPMENT POLICY MANUAL, AND VERIFIED BY THE HIGHWAY DISTRICT, TO
BE EXEMPT FORM THIS REQUIREMENT. AMENDS SECTION 8-13-10 "RESTRICTIONS
CONCERNING ANIMALS" TO PROVIDE CONSISTENCY WITH THE NEW DEFINITION OF
"DOMESTIC LIVESTOCK"; TO FURTHER PROVIDE THAT WHERE THE KEEPING OF SUCH
ANIMALS IS PERMITTED THE MINIMUM LOT SIZE SHALL BE ONE ACRE, THEREBY REMOVING
THE R11M ZONE AS A PERMITTED ZONE FOR SUCH USE.
AMENDS CHAPTER 15 THROUGHOUT FOR READABILITY. ADDS A CONDITION TO SECTION
8-15-2C REGARDING THE CONTINUOUS OBLIGATION TO MAINTAIN PROPERTY, FORMERLY
STATED UNDER SOME USES IN SECTION 8-15-3. AMENDS SECTION B-15-3 TO DELETE 7
USES, "BEER PARLORS", "BULK STORAGE OF FLAMMABLE LIQUIDS AND GASES, ABOVE
GROUND AND FOR RESALE", "COMMERCIAL FEED LOTS OR STOCK YARDS AS DEFINED IN
SECTION 8-2-1", "HOME OCCUPATION, FARM", "HOME OCCUPATIONS, URBAN",
"RESIDENCE, FARMS LESS THAN 40 ACRES", "RESIDENCE, NON-FARM"; TO ADD 6 USES,
"DAIRY FARMS", "DISTILLATION FUEL PLANTS", "FEED IAT OR STOCK YARD",
IInMWU SUBSTANCE STORAGE", ,RECREATIONAL VEHICLE PARKS", "TAVERN OR BEER
PARLOR"; AND TO AMEND 27 USES, "AGRICULTURAL SERVICE ESTABLISHMENTS",
"AIRCRAFT LANDING FIELDS OR AIRPORTS, PUBLIC OR PRIVATE", "ANIMAL CLINICS,
ANIMAL HOSPITALS, VETERINARY OFFICES, KENNELS OR TRAINING SCHOOLS",
"AQUACULTURE FARM", "CEMETERIES, MAUSOLEUMS AND CREMATORIES", "CHURCHES AND
PARISH HALLS", "CLUBS, LODGES AND SOCIAL HALLS", "COMMERCIAL PACKING
FACILITY", "COMMERCIAL STABLES AND RIDING SCHOOLS", "DAY CARE CENTER", "DRAG
STRIPS", "EXPLOSIVE MANUFACTURING AND STORAGE", "GARAGE OR STORAGE BUILDING,
PRIVATE - ANY SIZE LARGER THAN 900 SQUARE FEET", "GO-CART TRACKS", "GOLF
COURSES AND COUNTRY CLUBS, PUBLIC OR PRIVATE BUT NOT INCLUDING GOLF DRIVING
RANGES OR MINIATURE GOLF COURSES, EXCEPT AS AN ACCESSORY USE", "GRAVEL PITS,
n nAND
ROCK QUARRIES, SAND AND CLAY PITS„ "LABOR CAMP”, MORTUARIES -' PUBLIC
QUASI -PUBLIC USES, CLASSIFIED AND SEGREGATED AS TO USE AS FOLLOWS", "PUBLIC
SCHOOL, PAROCHIAL AND PRIVATE SCHOOL ....n , n ACE TRACKn -RADIO RADIO OR TELEVISION
TOWERS AND ANTENNA", "RESIDENCE, ADDITIONAL FARM", "SANITARY LANDFILLS",
"SHOOTING RANGES", "THEATERS, DRIVE-IN", "TRUCK STOP". ADDS "RECREATIONAL
VEHICLE PARK AS A CONDITIONAL USE IN RP, RR, RT ZONES; ESTABLISHES
CONDITIONAL STANDARDS RELATED TO MINIMUM PARK AREA (20 ACRES), TERMS OF
OCCUPANCY, LOCATION AND ACCESS, SIZE OF OCCUPANCY SPACES, REQUIREMENTS
RELATED TO ACCESSORY USES, YARD REQUIREMENTS, OFF-STREET PARKING, LOADING AND
MANEUVERING SPACE REQUIREMENTS; SPECIFIES REQUIREMENT FOR RECREATIONAL
FACILITIES; SPECIFIES IMPORTANCE OF CONSIDERATION OF SITE CONDITIONS,
PARTICULARLY AS IT RELATES TO HAZARDS; SPECIFIES OTHER REGULATIONS TO BE MET.
ADDS SECTION 8-18-9 TO ESTABLISH A PROCEDURE FOR THE BOARD TO CONSIDER A
REZONE AND TO ESTABLISH FINDINGS INCLUDING COMPLIANCE WITH THE PLAN AND THE
ZONE, CONSISTENCY AND COMPATIBILITY WITH OVERALL LAND USE AND ZONING,
ASSURING THE ACTION DOES NOT CONSTITUTE SPECIAL OR PRIVILEGED TREATMENT OF
THE SUBJECT PARCEL, AND BENEFITS THE PUBLIC INTEREST NOT SOLELY THE SUBJECT
PROPERTY OWNER, AND IS NOT MATERIALLY DETRIMENTAL TO THE PUBLIC HEALTH,
SAFETY AND WELFARE. ADDS SECTION 8 -16 -SBS TO REQUIRE THE COMMISSION TO MAKE
THE SAME FINDINGS WHEN MAKING REZONE RECOMMENDATIONS TO THE BOARD.
AMENDED SECTIONS THROUGHOUT THE TITLE INCLUDING; DELETING REFERENCES TO AP -1
(AGRICULTURAL PRESERVATION ZONE) AND AP -2 (AGRICULTURAL PRESERVATION/URBAN
EXPANSION ZONE) AND REPLACING THEM WITH REFERENCES TO 3 NEW DISTRICTS RP
(RURAL PRESERVATION ZONE), RR (RURAL RESIDENTIAL ZONE) AND RT (RURAL
TRANSITION ZONE); CLARIFYING LANGUAGE BY REFORMATTING AND REMOVING REDUNDANT
LANGUAGE; CORRECTING CROSS-REFERENCES; CLARIFYING LANGUAGE FOR READABILITY;
UPDATING REFERENCES TO THE DIRECTOR OF DEVELOPMENT SERVICES; DELETING
PROVISIONS IN THE AP -1 AND AP -2 ZONES FOR COMMISSION DETERMINATION OF
"SIMILAR USES" TO ENCOURAGE DEVELOPMENT OF ORDINANCE STANDARDS; AMENDING
MAXIMUM BUILDING HEIGHT LIMITS FROM 2 1/2 STORIES TO 35'; DELETING PROVISIONS
IN THE AP -1 AND AP -2 ZONES FOR A SUBDIVISION EXCEPTION FOR COMMERCIAL AND
INDUSTRIAL USES, PUBLIC AND QUASI -PUBLIC USES, SCHOOLS AND CHURCHES, WHICH
ALLOW REMNANT ONE -ACRE PARCELS TO BE CONSIDERED A LEGAL BUILDING LOT.
AREAS CURRENTLY ZONED AP -1 OUTSIDE FIRE PROTECTION DISTRICTS (AS IDENTIFIED
ON THE JANUARY, 1989, IDAHO STATE TAX COMMISSION TAX CODE AREA MAP) AND
INSIDE WILDLIFE MANAGEMENT AREAS (AS IDENTIFIED ON THE JANUARY 4, 1985 ADA
COUNTY COMPREHENSIVE PLAN MAP), ARE HEREBY REZONED TO RP AS SHOWN ON THE
FOLLOWING MAP, IDENTIFIED AS EXHIBIT A. AREAS CURRENTLY ZONED AP -1 INSIDE
FIRE PROTECTION DISTRICTS (AS DEFINED ABOVE), OUTSIDE WILDLIFE MANAGEMENT
AREAS (AS DEFINED ABOVE) AND OUTSIDE AREAS OF CITY IMPACT AND THE STAR URBAN
SERVICE PLANNING AREA (AS IDENTIFIED IN THE CURRENT AGREEMENTS WITH EACH CITY
OR THE 1985 COMPREHENSIVE PLAN MAP), ARE HEREBY REZONED TO RR AS SHOWN ON THE
FOLLOWING MAP, IDENTIFIED AS EXHIBIT "A". AREAS CURRENTLY ZONED AP -1 INSIDE
AREAS OF CITY IMPACT (AS DEFINED ABOVE) AND AREAS CURRENTLY ZONED AP -2 INSIDE
AREAS OF CITY IMPACT AND THE STAR URBAN SERVICE PLANNING AREA (AS DEFINED
ABOVE), ARE HEREBY REZONED TO RT AS SHOWN ON THE FOLLOWING MAP, IDENTIFIED AS
EXHIBIT "A". HOWEVER, THE RT REZONES MAY BE EFFECTED BY THE AMENDMENT OF
EACH AREA OF CITY IMPACT AGREEMENT.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ADA COUNTY, IDAHO, THAT TITLE
8 OF THE ADA COUNTY CODE, THE ZONING ORDINANCE, BE AMENDED AS FOLLOWS:
Section 8-1-9 (Purpose, Scope and Conformance - Zoning Certificates Required)
- To be amended as follows:
8-1-9 ZONING CERTIFICATES REQUIRED: Et Except for agricultural
out -buildings, it shall be unlawful hereafter to commence construction of any
building or structure or to occupy said building or structure for any purpose
ether-than-agrienitnral, until a zoning certificate or occupancy permit
signed by the Bening-Enspeeter Director has been obtained, as provided by
this Title.
Section 8-2-1 (Definitions) - To be amended to delete 10 definitions,
"Acreage", "Agricultural Land/Farm", "Commercial feed lot or yard",
"Commercial greenhouses and nurseries", "Farm Use", "Farmer", "Farmstead",
"Home Occupation, Farm", "Nontillable land", "Poultry slaughterhouse or
poultry packing plant"; to add 10 definitions, "Agricultural Land, Prime",
"Farm", "Feed Lot or stock yard", "Greenhouse", "Nursery", "Open space area",
"Open space ratio", "Roadside stand", "Shooting range", "Solid surface area",
and to amend 10 definitions, "Accessory Use or structure", "Agricultural
Out -Building", "Agricultural Service Establishment", "Agriculture and
agricultural purposes", "Commercial meat packing facilities", "Commercial
slaughterhouse and meat packing facilities", "Dairy Farm", "Distillation fuel
plants", "Domestic livestock", "Non-farm development"; as follows:
ACCESSORY USE or A use , building or structure that is
STRUCTURE customarily incidental and subordinate to the
principal or approved conditional use or
building, and is conducted or located upon on
the same lot and-setting-a-pnrpese-enstetnariiy
ineidenta�-te-the-ase-er-the-prineipni
bxiiding. Said-ase-er-strnetnre-being-such
nntnre-as-does-net-after-the-essentin�
characteristics-ef-tke-nse-eensidered-as-a
where-and-ns-rebated-te-ether-uses-petenitted-ia
the-snore-district;-and-net-ineixding It shall
not include any building containing a dwelling
unit , as herein defined.
AEREA6E Any-tract-er-paree�-ef-hand-in-eenuten
ewnership-hating-nn-area-e£-one-bat-nat-in
excess-ef-fire-f5}-acres-which-is-net
designated-es-n-het-et-paree�-en-n-setbditisian
Mae-
R6RiE8b`PHRAh-bANBfFARM Far-pnrpeses-ef-imp}ementing-the-Eemprekensive
P}an;-agrien}turn}-}nnd-shn}}-be-defined-as
rea}-property-used-for-ereps-er-}ivesteek
eemprising-at-}east-twenty-E29j-eentignens
acres;-n}}-ef-which-is-he}d-under-e-singie
eanership:--Puree}s-sma}}er-than-twenty-fd9j
acres-may-be-eensidered-ngrien}tura}-}and-i£
it- can-be-e}early-demenstrated-that- the- land
ai}}-be-used-£er-n-vieb}e-intensive-eemmerein}
ngrien}turn}-pnrpese;-sneh-ns-feed-}ets,-dairy
farms ;- egg- farms -er-ether-aimiiar-uses-
AGRICULTURAL LAND, PRIME
AGRICULTURAL OUT -BUILDING
Any building or accessory structure on a farm,
other than a farm residence L which is used
for storage or shelter of farming materials,
equipment, supplies, products or animals en -a
farm.
AGRICULTURAL SERVICE An y -service establishment primarily engaged
ESTABLISEMENT in performing animal husbandry or
horticultural services, including businesses
performing agricultural milling and
processing, harvesting L or agricultural land
preparation, irrigation and farm equipment
sales and service, farm-equipment-sa}es-nnd
serviee; veterinary services, boarding or
training of horses L and agricultural produce
stands.
AGRICULTURE and AGRI- Refers -to -t The growing of cultivated crops,
CULTURAL PURPOSES including grazing, pasturage, agrieuiture;
raising of domestic livestock, horticulture,
floriculture, vitaculture and -nurseries, fruit
trees, berry bushes and the necessary accessory
uses for packing, treating or storing of the
produce;-previded;-however;-that-the . The
operation of any sneh accessory use s to
agricultural purposes shai} be -secondary -to
that-e£-nermni-agricultural-aetivities-nnd-that
the-aDeve-noes-shnl}-include-the-raising-e£
domestic-}ivesteec-and-pea}try;-and shall not
include a commercial livestock packing
facility, feed lot or stock yard _ or
eemmereie}-pan}try-establishment,
or the
commercial feeding of garbage or offal to swine
or other animals, or a slaughterhouse, nor the
operation of a fertilizer works . nor plants
for the reduction of animal matter. Raising of
domestic livestock and farm animals on lots
smaller than one acre in a residential zone is
not defined -as an agricultural purpose.
66MMERelAB-FEES-EeT-or An-enc}esnre-ahere-£cols-ar-animals-are-kept
FARB in-the-restricted-area-and-ahere-less-than-ten
percent-f16�}--e£-the-£eed-€er-sneh-pen}try-er
livestock-is-predneed-by-the-caner-en-his
immediate-farm-caned-er-lensed-property-
GeMMEREIAB-6REENH6ESES The-en}tivatien-for-sn}e-e£-hertienitnrn}
and-NBRSERIES specialities-sneh-ns-£}ewers;-shrubs-and-trees
#mended-£er-arnementa}-er-landscaping
pnrpeses---Retni}-sa}es-may-en}y-be-Permitted
ns-neeessery-te-the-abevec
COMMERCIAL MEAT PACKING An establishment maintained for Ine}nding (1)
FACILITIES meat canning, (2) curing, (3) smoking, (4)
salting, (5) packing, and (6) freezing, and (7)
storing, or other similar establishments uses
in which meat/Poultry, dairy and agricultural
products are se processed for sale to -the
retail-trade;-nnd-ahere-the-inspeetien-e£-meat;
meat-by-prednets-nnd-meat-£eed-prednets-are
maintained.
COMMERCIAL SLAUGHTERHOUSE An establishment maintained for Ineluding-the
and-MEAT-PAERING-FA6IBITIES fl} slaughtering :fE}-meat-ennning;f3}-caring;
f4} smoking; -f5} -salting; -f6} -packing; -f}} and
rendering, f8} -freezing; of Poultry or other
livestock, for sale, or -other -similar
establishments -are-so
processed- for- sale- te-the-pnblie-nnd-ahere-the
inspeetien-e£-meat;-meat-bp-prodxets-nnd-meet
£eed-prednets-are-maintained which may include
commercial Packing facilities.
DAIRY FARM Refers-te-a-dairy A farm whose principal
function is the production of milk and milk
products and-ahieh-may-inelnde-the-preeessing
e£-milk-so-predneed--A- dairy- £arm -further
refers -to -a -dairy _ It may include a barn
or processing facility or feeding area where
animals are kept, raised or fed in-a-restrieted
area;-nnd-ahere-the-milking-area-is-snb3eet-te
the-npprevn}-e£-the-Idaho-State-Bepar*.anent-e£
Health -and -Welfare.
DISTILLATION FUEL PLANTS
A facility that produces alcohol fuel solely
for sale.
EFarm-Aeeessaryj
for use on a farm and not
Such-€aei}ity-const-meet-n}}-}eea}-and-State
€ire-and-health-codes-eeneerning-eenstruetien;
operation-and-maintenance---Bu}k-sternge-e£
£ne}-(mere-than-}B,HHH-gn}}ensj-sha}}-require
storage -underground-
DOMESTIC LIVESTOCK
4he-raising-e£ Horses, cattle, dairy animals,
animals and
sheep, goats, and other grazing ,
swine being-n-nerma}- farm- }ieesteek-eperatien;
where-the-pulmo}s-pre-postured-and-fed-grains
er-£edder-ef-which-nt-}east-ten-percent-f}B+6j
is-grown-en-the-premises-as-part-e£-an-eeera}}
ngrien}tura} eperntien-ine}nding-and-}united-te
the-processing-er-sternge-fer-market-nod
products-predneed-en-the-premises. It shall
also include the-rnising-and-£ceding-ef
demestie-birds;-peu}try;-and rabbits J_o ltry
and domestic birds, excluding such demestie
birds as are caged and housed inside the
dwelling and are not raised for commercial use.
A parcel of land used for agricultural
FARM
purposes that is greater than 5 acres in size.
Agrien}tura}-iandffarm-being-used-far
FARM -HSE
ngrieu}tura}-purposes-
Any-indib>_dun};-partnership;-nsseeiatien-ar
FARMER
eerperntion-thnt-en}tieates,-eperntes-and
mnnnges-n-£erm-either-ns-nn-owner-er-tenant-
'4he-site-used-£er-n-form-residence-and
FARMSTEAB
asseeinted-form-eutbni}dings-nod-occupied-by-n
farmer -
FEED LOT OR STOCK YARD
GREENHOUSE
A building whose roof and sides are made_
largely of transparent or translucent material
and in which the temperature and humidity can
be regulated for the cultivation of plants, for
Private use or public sale.
H6ME-9EEF3PA�€9H;-FARM Any-gain£a}-emp}eytnent-inve}ving-the
mnnafnckare;-previsien-er-sn}e-e£-geode-nndfer
service-ahieh-is-enrried-en-in-a-€arm
residence-ef-farm-eak-bai}ding-
NON-FARM DEVELOPMENT
Fer-the-parpese-e£-implementing-Seekien
8-}5-3;-Residences---Nen-Farm;-nen-£arm
deve}epment-sha}}-menu-an-existing-nen-£arm
residence-and-the-pareei-e£-}and-en-ahieh-it-is
}seated -
N6H�ihhABbE-hANH hand-determined-te-be-nnsnitnbie-fer-farm-ase
dae-te-exkreme�y-sha}}ea-sei�s;-reeks-er
excessive-s}epe.---Any-}and-aith-belch-irrigated
and-nenirrignted-Sei}-Enpnbi}ity-E}asses-e£-V;
V1;-Y��-and-V���-shni}-be-eensidered
nenti}}nb}e-}and:--E}ass-�Y-sei}s-may-'ne
eensidered-nenki}}ab}e-i€-s}epe-is-greater-than
tae}ve-percent-{}g+y}-er-i£-sei}-depkh-is-less
khan-six-inches-{6°jc--Se}}s-aikh-}ess-khan
kae}ve-percent-{}�$j-s}epe-er-greater-khan-six
inch-{6uj-depth-and-having-ether-physien}
}imitnkiens-ahieh-make-khe-}and-impessib}e-te
ti}};-�y-be-eensidered-nenti}}ab}e-}and-if-se
determined-by-the-Eenmtissien-f rem-infermatien
sabmikted-by-khe-Sei}-Eenserantien-Serviee-
NURSERY
OPEN SPACE AREA
OPEN SPACE RATIO
PeUBTRY-ShAy6HTERH99SE
er- P6FihcERY- PAeRING-PhANR
Land and/or greenhouses used to raise flowers,
shrubs and plants, for private use or public
sale.
An-estnbiishment-maintained-fer-the-s}naghter-
ing-e£-pea}kry-er-preparing-er-preeessing-e£
pea}try-prednets-fer-hamnn-eensnmpkien-in-any
farm-and-ahereia-said-prednets-ere-se-prepared
fer-snie-ke-the-retai}-cut}ets-
ROADSIDE STAND A booth or stall temporarily located on a farm
from which produce and farm products, produced
upon the same premises, are sold to the general
public.
SHOOTING RANGE
SOLID SURFACE AREA
A facility which allows for the safe practice
of shooting firearms, including shot guns,
pistols and rifles, which may include anv_
accessory uses and structures normally
associated with this activity.
Section 8-3-1 (Zones, Districts and Boundaries - Districts Established) - To
be amended as follows:
8-3-1: DISTRICTS ESTABLISHED: For the purpose of this Title, the
unincorporated territory of Ada County, Idaho, is hereby
divided into the following categories of zoning districts and
special districts:
AGRIEULTBRAb-PRESERVAT19N RURAL AREA DISTRICTS
AP -1 RP
Agricultural Rural Preservation Zone
RR
Rural Residential Zone
AP -1 RT
Agr=exltnrnl-Preaerva�ien¢Brban-Expnnsian-Sane
Rural Transition Zone
R RESIDENTIAL DISTRICTS
RSW
Southwest Community Residential Zone
R1
Estate Residential Zone
RIM
Estate Residential - Mobile Home Zone
R3
Low Density Residential Zone
R3M
Low Density Residential - Mobile Home Zone
R8
Medium Low Density Residential Zone
RSM
Medium Low Density Residential - Mobile Home Zone
R11
Medium Density Residential Zone
R11M
Medium Density Residential - Mobile Home Zone
R14
Medium High Density Residential Zone
R14M
Medium High Density Residential - Mobile Home Zone
R20
High Density Residential Zone
C COMMERCIAL DISTRICTS
C-1 Neighborhood Commercial
C-2 Highway Commercial
C-3 Community Commercial composed of:
a general commercial district
a service commercial district
L-0 Limited Office
M and T INDUSTRIAL ZONE DISTRICTS
M-1
Limited Industrial
M-2
General Industrial
M-3
Light Industrial
M-4
Airport Industrial
M-5
Limited Airport Industrial
T-1
Technological -Industrial
SPECIAL OVERLAY DISTRICTS
A Airport
FW Floodway
FF Flood Fringe
Southwest Community Development Standards
Chapter 4, Article A (Agricultural Preservation Districts - AP -1 Zone) - To
be amended as follows:
CHAPTER 4
ASRj69bTVRAb-PRESERVA121eN RURAL AREA DISTRICTS
ARTICLE A. AP -1 RP. AGRIE WgRAL RURAL PRESERVATION ZONE
SECTION:
8-4A-1:
Purpose
8-4A-2:
Principal Permitted Uses
8-4A-3:
Accessory Uses
8-4A-4:
Conditional Uses
8-4A-5:
Prohibited Uses
8-4A-6:
One -Acre Lots
8-4A-7:
Design and Dimensional Standards
8-4A-1: PURPOSE: The purpose of this Article is to identify lands
lying in those unincorporated portions of Ada County which are
agricultural lands _ ffarm-land wildlife management areas, foothills, public
lands and rangeland s -j7 _ These areas do not have basic public services,
nature, these areas and -therefore are not intended-te-anderge suitaoie ror
urban development. The regulations and standards contained in this Article
are designed to maintain a rural environment, thereby preserving these areas
ngrienitnrei-fiends-£er-that-pnrpese and avoiding urban or suburban
development which would be inappropriate given the lack of public services
and the presence of interrupt agricultural operations and natural resource
uses. Such These areas are within the designated as Rural Areas on the Ada
County Comprehensive Plan Map.
Further, the AP -1 RP Agricultural Rural Preservation Zone is intended to
provide flexibility to bonafide farm operations in obtaining zoning approvals
for-£arm-residences-and-farm-out-buildings-necessary-fer-e-€arm-eperatien.
This flexibility is intended to maximize opportunities for agricultural
activities as a means of preserving agricultural -land rural areas and is not
intended to allow non-farm development.
8-4A-2: PRINCIPAL PERMITTED USES:
Agricultural Purposes
Dairy Farm
Electrical-substatiens
Single-family dwelling
or mobile home
Use -e€ -land
Subject - to- a-traffic-nnd-detle}epment-plan
i€ -the -structures -are -greater -than -three
hundred-feet-E3BBlj-£rem-n-residence-net
en -the -subject -parcel -
One per lot (except as provided by other
provisions of this Title )..
-Fer-ngrieu}tura}-Purposes
-Fer-thrraisiag-a€-demesne-}ieesteek;
same;-penitry;-er-£nr-bearing-anima}s-
8-4A-3: ACCESSORY USES: Additienol-buildings;-structures-er-uses
may-be-permitted-ahen-it-can-be-skean-that-such-bni}dings;
structures-er-uses-are-eustemari}y-aeeessery-te-nnd-incidental-te-the-eenduet
e£-e-prineipa}-permitted-ase;-er-eenditiennl-use-fer-s-residence-EEhapter
15j---Sueh-bui}dings-er-structures-ail}-be-leented-open-nnd-the-uses
eendneted-npan-the-seine-premises-as-the-prineipnl-permitted-use-er
eenditiennl-use-fer-residence-Esee-Ehapter-l3jc--the-fe}}eaing-uses;-ahi}e
net-inelusiye;-refer-te-speei£ie-uses-ahieh-shell-be-permitted-ahen-}eeated
en-the-same-premises-as-a-principal-permitted-use-Esee-definitions-in-Ehapter
3j -
Agricultural out -buildings
Bisti}lntian-fuel-Plants
Garage or storage building
Greenhouse or nurseries
Group day care home
Home occupations
Prieate-shop
en-ngrienitnrn}-}nnd-in-farm-ase-
Private (any (any size less than 900 square
feet).
Private.
(See Section 8 -13 -IBB 12-2B)
(See Section 8-13-1ee 12-2C)
Fer-repair-e£-machinery;-equipment-and
vehie}es-in-eenneetien-aith-prineipa}
permuted-uses-nnd-aith-neeessery-uses-
Roadside stands Where-ngrienitnrn�-prednets-pradneed-open
the -same -premises -are -Said-
shop Private. For repair of personal machinery
ecuipment and vehicles used in connection
with agricultural purposes.
Signs fehapter-11}
Business AS signs
Home AS signs
Project AS signs
Property AS signs
Public AS signs
Swimming pools
Temporary living quarters
(See Chapter 11).
(See Section 8-13-12-2D)
(See Section 8-13-12-2E)
8-4A-4: CONDITIONAL USES: The following uses may be permitted in
accordance with the standards and provisions of Chapter 15 of
this Title;-alien;-a£ter-n-pnbiie-hearing;-the-Eemmissien-hns-appreaed-seteh
uses-and-hns-£sand-that-sash-uses-wii�-net-be-in-een£�iet-with-the
Eemprehensxde-Pine.---'Phe-Eeeunissien-mn7-nese-attach-sneh-ndditienn�
conditions -as-ere-neeessnry-te-preteet-the-pabiie-health;-safety;-Welfare-and
te-preteet-sxrrennding-property.
Agricultural service
establishments
Aircraft landing fields
or airports
Aquaculture farm
Cemeteries ; -Mau seietms-and
eremateries
Churches and parish halls
Clubs, lodges and social halls
Eemmereini-£nod-iet-er-sleek
Yard
Eemmereiai-shop
Commercial packing facility
Commercial stables and
riding schools
Public or private
¢Rurnliy-reiatedj-
Fer-repair-e£-mnehinerp;-equipment-and
eekie�es-in-eenneetien-aith-prineipai
permitted-ases-and-neeesserr-nsesc
Day care centers
Distillation fuel plants
Drag strips and go-cart tracks
Electrical -substations £€-the-sxbstation-is-e£eser-then-three
hundred-€eet-13691;-£rom-n-rosidentiai
use;-net-an-the-snb3eet-pnree�c
Explosive manufacturing
and storage
Feed lot or stock yard
Flammable substance storage
Garage or storage building Private. Any size larger than nine
hundred (900) square feet.
Golf courses and country clubs Public or private with related facilities.
Gravel pits, rock quarries, May include accessory rock Reek
sand and clay pits crushers, cement batch plants and asphalt
hot plants7-when-operated-in-een3unetion
with-graee�-pits;-reek-gnnrries-andfer
sand-and-e�ay-pits;-preeided-n-site-pian
and- reclamation-pian-nre-submitted-at- the
bane-said-applieatian-is-filed.
Home-eeenpntien;-fnrm
Kennels
Labor camp
Mortuaries EAssoeiated-with-cemeteries;-
Public and quasi -public uses As provided in Section 8-15-3 of this
Title, unless specifically prohibited
therein.
Public, parochial and private
schools
Race track Animal or vehicle.
Radio and television towers
Residences, additional farm
Residenees;-farms Hess-thnn-forty-f48;-neres-
Residenees;-nen-farm
Recreational vehicle narks
Railing-sehee}s
Sanitary landfills
signs
Shooting ranges
Truck stop
Nanneeessary;-a€€-premise-signs-fEhapter
11j7
With accessory office, restaurant and
convenience retail contained within one
facility.
Any-ether-uses-simi}nr-te-the-prineipa}-permitted-nses-and-eenditiena}-nses
permitted-in-this-Sone-mny-be-permitted-thrangh-n-eenditienn}-use-permit-
The-Eemmissien-must-determine-i£-any-prepesed-nse- is- in-aeeerdanee-with-the
pnrpese-e€-this-3ene---The-Eammissienls-£findings-e£-£net-nnd-ease}asians-e£
}nw-she}}_be-made-an}y-e£ter-the-Eemmissien-reeeiees-and-rediews-a}}
pertinent-information-which-it-has-requested-the-npp}leant-te-submit-
speei£lea}}y;-the-Eemmissien-shn}}-eensider-the-£e}}awing-when-mnkfing-its
deeisian-whether-e-prapesed-nse-she}}-be-a}}awed-
The-potentia}-impact-an-nd3neent-agrien}tura}-}nrtd-sad-£nrm-eperntiens-in-the
--snrrannding-area;
The-camp}lanae-with-the-Rnrn}-Aren-seetfien-e€-the-Ada-Eennty-Eemprehensfiae
Plan-,
The-peteatfia}-impact-en-nir-end-water-qnn}ity;
The-petentia}-fer-fire-hamarel
The-petentfin}-€ar-trn£€ie-and-parking-prab}ems;
The-petentia}-waste-nnd-re£nse-dispesa}-prab}ems;
The-potentia}-£ar-nnsight}iness;-Heise-er-edor;
The-potentia}-impact-npan-the-qnn}ity-a€-}fi£e-new-exfistfing-fin-the-snrrennding
--area-
8-4A-5: PRO[IIBITED USES: Occupancy certificates, zoning permits and
building permits shall not be issued authorizing the
following:
A. Any use not permitted or specifically authorized in the Zone;
B. Any aenagrien}tura} building, other than agricultural out -buildings,
structure or use an -s -}et which fails to comply with the access to
public street section of Section B-13-3 of this Title.
8-4A-6: ONE -ACRE LOTS:
A. Where forty (40) acres or more of contiguous land are held under a
single ownership, one ill I -acre one -acre lot may be divided for every
forty (40) acres owned, up to a maximum of three (3) such one -acre lots,
to be developed for single-family residential uses.
B. For lots created under this provision, the following dimensional standards
should apply:
Lot size 1 acre
Minimum street frontage 100 feet
Minimum lot depth 100 feet
Minimum setbacks As established within this Article
Minimum building heights As established within this Article
C. The Zoning-Administrater Director may allow an increase in lot size to a
maximum of four (4) acres if one of the following findings can be made:
1. The property being considered for locating such splits is separated
from the remaining forty (40) acres from which it is being split by a
barrier that prevents the use of all of the property as one unit.
2. The split whould would not remove from production any property which
is agriculturally productive land (Soils Capability Classes I, II or
III).
3. If the split is required for an extra residence (Section 8 -4A -6J) or
is applied to an existing residence on a property, it may include any
land necessary to meet the frontage requirements of this Title, provided
the lot depth does not exceed four (4) times the frontage requirement.
D. The Bening-Rdministrnter Director may also decrease frontage and
dimensional standards for a one -acre lot split provided:
1. There exists a unique situation where a parcel lacks proper frontage
or proper area to meet dimensional standards.
2. Minimum frontage must be at least thirty feet (30').
E. Access and frontage must be from an existing maintained public street
nn�ess-enc-e£-the-£e��ewing-eriterie-is-met- or approved private road.
4T-?he-ene-sere- let- is-£er-an-ndditienni-€nrm-residence;
2T-the-ene-nere-iet-is-£er-nn-existing-residence-er-is-regeired-fer-en
extra-residence-fSeetien-8-4A-63;;
3T-the-ieentien-e£-the-ene-nere-iet-en-n-prisnte-street-ieaees-mere-innd
in-£ arm- else -and - is- lea s-disrnptive- to- €erm-eperntiens-thnn-if-it-is
required-te-knee-neeess-end-€rentnge-en-n-pnbiie-street:--fin-these
enses;-sxeh-ene-acre-let-may-hose-access-nnd-£rentnge-en-n-priante
street-which-shn�i-be-reviewed-by-the-Eenmeissien-end-nppreved-envy-if
pesitise-Findings-pre-made-in-re�ntien-te-Ehepter-}3;-6enera�
previsiensT
F. The applicant shall submit proof of ownership of the land along with the
standard application, a map of the parcel drawn to scale showing the
proposed division and a legal description of the proposed lot(s) to the
Hefting -Administrator Director. The Beniftg-Administrnter Director
shall consider other factors that may affect the suitability of the land
for residential purposes. Upon finding that the land is suitable for
residential purposes, that adequate access will be provided (Section
8-13-3) and that the application is in accordance with the provisions of
this Title and the policies of the Comprehensive Plan, the Bening
Administrator Director shall approve or conditionally approve the
application. The Bening Administrator Director may require clustering
of two (2) or more one -acre lots in order to avoid interruption of
agricultural operations use in the area or to minimize necessary road
access.
G. When a one -acre lot(s) is established in accordance with this Section
8-4A-6, a survey shall be provided by the applicant, approved by the
County Engineer and filed with the County Recorder as required by
sections 55-1901 through 55-1907 of the Idaho Code. A copy of the
recorded survey, together with evidence of any conveyances, shall be
deposited submitted with to the Bening -Administrator Director before a
zoning certificate can be issued.
H. Once a parcel of land has been allowed its allotted number of one -acre
lot(s), it shall not be allowed any other such lot(s) regardless of
change in ownership of any of the land involved.
I. If the parcel from which the one -acre lot(s) is created is decreased or
further decreased below the minimum lot size as a result of the creation
of the one -acre lot(s), the status of that parcel for building purposes
shall remain the same as before such one -acre lot(s) was created.
J. If the parcel from which the one -acre lot split is to be created has
more than one residence, each one -acre lot split created from said
parcel shall contain one of the extra residences. This Section does not
apply to temporary living quarters (See Section 8-45-3;-temperary-living
quarters 13-12-2E).
8-4A-7: DESIGN AND DIKENSIONAL STANDARDS: Except as otherwise
provided, the following shall be the dimensional standards for
all uses in the AP -1 RP Zone:
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* 1 Land used solely for agricultural purposes, i.e., without structures
or road dedications does not have any minimum dimensional standards.
** Such -a-lot -may-be- divided- in- aecerdanee-with- the -Add-eounty-Subdivisien
9rdinanee-£rem- any- let- for- eemmereidl- and- inddstris}-as es;-pdbiie-ar
quasi -public -us es;-e'ndrches-er- schools ;-grave}-pits;-reek-quarries;-er-sand
and-eley-pits-f8eetien-8-}5-3;-respective-previ�iensj;-es-}eng-as-the
remaining-parcel-consists-e£-at-least-ane-acre---�£-the-parcel-£rem-which-the
lot-is-divided-is-deerensed-er-£drther-deerensed-below-the-minimum-lot-size
as-a-resu}t-o£-the-division-e£-such-lot;-the-statds-e£-that-puree}-£ar
bui}ding-purposes-aha}}-remain-the-same-as-before-sdeh-}et-was-divided;
except- that- it-shall-net-be-eligible-£ar-ane-acre-let-previsions-e£-this
Article-
*** 2 Parcels of land exempted from minimum lot size requirements of the
AP-} RP Zone through conditional -use procedures identified in this Title for
a residence fEhapter-15j, shall comply with applicable minimum lot size
requirements a€-the-eenditienal-use-permit-and-the-rdral-arae-section-e£-the
eemprehensive-Plan.
A new Chapter 4, Article B (Rural Area Districts - RR Rural Residential Zone)
is added to read as follows:
CHAPTER 4
RURAL AREA DISTRICTS
ARTICLE B. RR RURAL RESIDENTIAL ZONE
SECTION:
8-4B-1:
Purpose
8-4B-2:
Planned Development -Residential (PDR)
8-4B-3:
Principal Permitted Uses
8-4B-4:
Accessorl Uses
8-4B-5:
Conditional Uses
8-4B-6:
Prohibited Uses
i� �• �a us m
8-4B-3: PRINCIPAL PEMWED USES:
Agricultural purposes
Dairy farms
Single-family dwelling One per lot (except as provided by other
or mobile home provisions of this Title.)
8-4B-4: ACCESSORY USES:
Agricultural out -buildings
Garage or storage building Private (any size less than 900 square
feet).
Greenhouse or nurseries Private.
Group day care home (See Section 8-13-12-2B)
Home occupations (See Section 8-13-12-2C)
Roadside stands
Shop Private. For repair of machinery,
equipment and vehicles in connection with
agricultural purposes.
Signs (See Chapter 11).
Business AS
Rome AS
Project AS
Property AS
Public AS
Swimming pools (See Section 8-13-12-2D)
Temocrary living quarters (See Section 8-13-12-2E)
8-4B-5: CONDITIONAL USES: The following uses may be permitted in
accordance with the standards and provisions of Chapter 15 of
this Title.
Agricultural service
establishments
Aircraft landing fields
or airports
Aquaculture farm
Cemeteries, mausoleums and
crematories
Churches and parish halls
Clubs, lodges, and social halls
Commercial packing facilities
Public or private.
Commercial stables and riding schools
Day care centers
Distillation fuel plants
Drag strips and go-cart tracks
Explosive manufacturing and storage
Feed lot or stock yard
Flammable substance storage
Garage or storage building Private. Any size larger than nine
hundred (900) square feet.
Golf courses and country clubs Public or private with related facilities.
Gravel pits, rock quarries, May include accessory rock crushers,
sand and clay pits cement batch plants and asphalt hot
plants.
Greenhouses and nurseries For commercial uses.
Kennels
Labor camp
Mortuaries (Associated with cemeteries).
Public and quasi -public uses As provided in Section 8-15-3 of this
Title, unless specifically prohibited
therein.
Public, parochial and private
schools
Race tracks Animal or vehicle.
Radio and television towers
Recreational vehicle park
Residence, additional farm
Sanitary landfills
Signs Nonaccessory, off -premises signs (Chapter
11).
Shooting ranges
Truck stop
S -4B-6:
A.
B.
C. Retail sales, unless
With accessory office, restaurant and
convenience retail contained within one
facility.
Any use not permitted or specifically authorized in the Zone;
A.
fire orotection.
B. Minimum requirements. All non-farm residential development shall comply
with the following criteria:
c.
thin
Is
not
2. Utilizes innovative site planning which preserves a rural
D. Procedure.
2.
area.
environment,
3
Does not
unduly disrupt prime agricultural land,
4
Does not
cause any serious
detrimental environmental impacts,
5
Does not
require excessive
expansion of public services, and
6
Protects
all gravity flow
irrigation systems.
D. Procedure.
2.
area.
E.
resources.
i. Plan of existing and proposed irrigation facilities.
j. Plans for water and sewage utiLities.
1. Open space area plan, as specified in Section 3 -4B -7E(1).
to
a. Land designated as open space area shall be maintained as oven
space area and may not be separately subdivided or developed except
as provided below.
elements.
(3) Designate the solid surface area.
provided.
2
The
maximum lot coverage
shall be
3
The
following frontage
and access
requirements shall apply:
a. The proposed development site shall have access on a
C. All Private streets shall comply with Section 8-13-3.
�.H
A.
99
C.
purposes.
1 Be dependent on a rural setting,
2 Enhance the County's economic growth,
3 Have access on a public street,
8-4B-9: STANDARDS FOR RFMNE TO RR ZONE
A.
M
the subiect
_ Shall be within the Rural Areas and outside the Wildlife Management
Areas, as identified on the Ada County Comprehensive Plan Mao.
2. Shall be within a Fire Protection District, as provided for in
Idaho Code Sections 31-1401 through 31-1437.
3. Shall abut a public street.
8-4B-10:
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3. Applies to subdivision lots only.
Chapter 4, Article B (Agricultural Preservation Districts - AP -2 Agricultural
Preservation/Urban Expansion Zone) - To be amended as follows:
CHAPTER 4
AeRleULTbRAB-PRESERVATION RURAL AREA DISTRICTS
ARTICLE --B- C. AP -2 AGMEEMWRAT-PREMVAMNJURBAN
E31PANS!eN-3eNE
RT RURAL TRANSITION ZONE
SECTION:
S -4B-1 4C-1: Purpose
8-4B-2 4C-2: Principal Permitted Uses
8-4B-3 4C-3: Accessory Uses
8-4B-4 4C-4: Conditional Uses
8-4B-5 4C-5: Prohibited Uses
8-4B-6 4C-6: Design and Dimensional Standards
8-4A-1 4C-1: PURPOSE: The purpose of this Article is to identify lands
lying within the Brbnn-Service-Plnnning-Areas Areas of
Citv Impact e£-Adn-Eepnty-as-designnted on the Ada County Comprehensive Plan
map -s that are not zoned for residential, commercial or industrial
development. Such lands are presently not served with by urban services and
urban growth should be eneeuraged discouraged ta-remain-ia-£prat-nae until
urban services and -urban -growth extends-te-it are extended. At such time, it
is appropriate to rezone AP -2 RT lands to applicable urban zoning
classifications and to permit development that is in accordance with the
applicable City/Community Comprehensive Plan. Until such time, appropriate
use of these lands include agricultural uses and residential development of a
rural character.
Since agrieultural-ries-are-eensidered-short-
the long term use will be for urban development, it is important to permit
limit enly-agrieeltpral uses to those that will not significantly impact
ad;aeent-er nearby urbanizing areas with noise, odor, dust or other
agricultural nuisances normally related to more intensive farm uses, such as:
feed lots, stockyards or other similar uses. This Article, however, shall in
no way preclude the continued use and -miner -improvements of existing
intensive-£arm-uses-leeated with -city -urban -service -planning lands within
these areas for agricultural purposes.
8-4B-2 4C-2: PRINCIPAL PERMITTED USES:
Agricultural purposes
Bairy-Farm
dwelling g One per lot.
or mobile home
use-af-}and -Far-agrien}tarn}-parpeses
-Far-raising-e£-demestie-}irestaek;
saine;-penitry;-er-fret-bearing-anima}s-
S-4B-3 4C-3: ACCESSORY USES: Additiena}-bni}dings;-strnetnres-er-nses
any_be_permitted-Nhen-it-ean-be-shown-that-sneh
bni}dings,-urnetnres-er-nses-are-enstemnriiy-accessory-te-and-ineidentai-te
the-eandnet-ef-n-prineipn}-permitted-nse;-er-eenditienn}-ase-£er-n-residence
thhnpter-i5j---Sneh-brei}dings-er-strnetnres-r+i}}-be-}coated-npen-and-the-nses
eondnued-npen-the-some-Premises-ns-the-prineipn}-permitted-nse-
eanditiena}-ase-£er-residence-Esee-Ehapter-}3j---Thr£ei}eKing-nseses;-ahsie
net-ineinsiee;-refer-te-specific-nses-which-shn}}-be-permitted-Nhen-ieeated
on-the-sen+a-Premises-ns-n-prineipn}-Permuted-ase-Esee-Ehnpter-}3j:
Agricultural out -buildings
Bn-ngrien}tarn}-}and-in-farm-nses
Garage or storage building
Private.
Greenhouse s or nurseries
Private.
day home
(See Section 8-13- }eB 12-2B)
Group care
(See Section 8-13-196 12-2C)
Home occupations
Fer-repair-ef-machinery;-equipment-and
Private -shop
eehie}es-in-eenneetien-with-prineipn}
permitted nses-and-with-accessory-nses-
9££ering-£er-sa}e-ngrien}barn}-prednets
Roadside stands
produced-npen-the-snore-prem#ses-
Private For repair of machine ry,
Shore
—�
i went and vehicles in connection with
agricultural purposes.
(See Chapter 11)
Signs
Business AS signs
Home AS signs
Project AS signs
Property AS signs
Public AS signs
(See Section 8-13-12-2D)
Swimming pools
Temporary living quarters
(See Section 8-13-12-2E)
8-4B-4 4C-4: CONDITIONAL USES: The following uses may be permitted in
accordance with the standards and provisions of Chapter
15 of this Title;-aken;-after n pub}ie-hearing;-the-Semen ssica-has-agnresed
saek-uses-and-has-€ennd-that-saek-aces-a#ll-net-be-in-eee£iiet-aith-t§e
Eamprehensiee-Plan.---'Phe-Eammissien-may-nlse-attneh-saek-ndditienal-eanditiens
as-are-aeeessary-te-pretect-the-pnb�ie-henith;-sn£ety;-aei£are-and-ta-preteet
sarreanding-preperty.
Aircraft landing fields or
airports
Animal clinics, animal hospitals,
veterinary offices, kennels or
training schools
Aquaculture farm
Cemeteries, mausoleums and
crematories
Churches and parish halls
Clubs, lodges and social halls
Public or private.
Eemmereis�-greenhouses-and-anrseries
Eemmereie�-shop
Fer-repnir-c£-mnehiaery;-equipment-nnd
eehieies-in-eenneetien-aith-prineipa�
permitted-nses-nad-aeeessery-uses-
Commercial stables and riding schools
Dairy farms
Day care centers
Garage or storage buildings Private. Any size larger than nine
hundred (900) square feet.
Go-cart traets tracks
Golf courses and country clubs Public or private with related facilities.
Gravel pits, rock quarries, sand Reek May include accessory rock crushers,
and clay pits cement batch plants, and asphalt hot
plants;-when-epernted-ia-eea�uaetiea-with
grade-pits;-reek-quarries-eridfor-sand-gad
e}ay-Pits;-presided-a-site-p�aa-nad
ree?ematiea-pian-are-submitted-at- the- time
snid-npp�ieatien-is-€i�ed.
Greenhouses and nurseries
Mortuaries
Public and quasi -public uses
Public, parochial and private
schools
Race tracks
Radio and television towers
Recreational vehicle parks
Residences, additional farms
Sanitary landfills
Theater, drive-in -s
For commercial use.
As provided in Section 8-15-3 of this
Title, unless specifically prohibited
therein.
Animal or vehicle
Any-ether-xses-simi}ar-te-the-prineipa}-permitted-aces-end-eenditiena}-uses
permitted-in-this-Sane-map-be-permitted-through-a-eenditienn}-ese-permit-
�he-Eemmissien-mast-determine-if-any-proposed-use-is-in-accordance-xith-the
purpose-e£-this-Sene---the-Eammissients-£findings-e£-feet-nnd-eane}nsiens-e£
}ax-ska}}-be-made-an}y-n€ter-the-Ee:rm+issian-reeeires-and-reaiexs-n}}
pertinent-in£ermntien-xhieh-it-hns-requested-the-app}leant-te-snbmit-
Spee#£len}}y;-the-Eemmissien-she}�-consider-the-fe}}exing-xken-making-its
decision-xhether-n-proposed-use-shn}}-be-n}}owed-
The-potentia}-impact-en-adjacent-agrienitnra}-}and- and- farm-eperatiens-in- the
--sxrrannding-urea;
The-eemp}innee-with-the-Ade-Eennty-Eemprehensiee-P}nn;
Phe-potentia}-impact-en-sir-and-rater-qac}ity;
the-potentia}-£er-fire-hazard;
'Phe-potentia}-£er-trnf€ie-and-parking-preb}ems;
the-potentia}-xnste-and-refuse-dispesn}-preb}ems;
the-potentia}-for-nnsight}iness;-Heise-er-oder;
Phe-potentia}-impact-open-the-qnn}ity-e£-}i€e-Hex-existing-in-the-surrounding
area -
8 -4B-5 4C-5: PROHIBITED USES: occupancy certificates, zoning permits
and building permits shall not be issued authorizing the
following:
A. Any use not permitted or specifically authorized in the Zone;
B. Any aenagrien}tura} building, other than an agricultural out -building,
structure or use en -a -}at which fails to comply with the access to
public street section of Section 8-13-3 of this Title.
3-4B-6 4C -o: DESIGN AND DMENSIONAL STANDARDS: Except as otherwise
provided, the following shall be the dimensional
standards for all uses in the AP-? RT Zone:
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* 1 Land used solely for agricultural purposes, i.e., without structures
or road dedications does not have any minimum dimensional standards.
**Bach-e-let-may-be-divided-in-aeeerdanee-xith-the-Adn-Eennty-Snbdiaisien
6rdinaree-from-nny-let-£er-een¢nereisl-nnd-indnstrin}-ases;-pab}ie-er
quasi-pub}ie-usea ;-ehnrehes-or-sehee}s7-grndel-pits;-reek-quarries;-Or-Sand
and-e}ny-pits-fSeetien-8-15-3;-respe�tiee-previsiensj;-as-}eng-ns-the
remaining-payee}-eensists-e£-nt-}enst-enc-eerec--�£-the-puree}-f rem-xhieh-the
}et-is-dieided-is-deerensed-er-£nrther-deerensed-be}ex-the-miniainm-let-size
as-n-resp}t-e£-the-divisien-ef-such-}et;-the-stntns-e£-thnt-puree}-fey
bni}ding-purposes-shn}}-rennin-the-snore-ns-before-such-let-xas-diaided-
Section 8-5-9A (Manufactured Housing) - To be amended as follows:
A. Manufactured homes shall be considered single-family dwellings
within the AP -1; -AP -H; RP, RR, RT, RSW, R1, R3, R8, R11, R14 and
R20 zoning districts of this Title, provided such structures meet
the development standards for manufactured homes on individual lots
(subsection B thereof).
Section 8-9-3C5g (Planned Development procedures - Findings of Fact) - To be
added as follows:
Section 8-11-2C(5) (Sign Provisions - General) - To be amended as follows:
5. Business AS signs when referring solely to a principal permitted use
of properties lying in an-AP-1-er-AP-H-Agrien}tura}-Bene a Rural Area
District. Home AS signs when used as an accessory use for properties
lying in an-AP-i-er-AP-H-Agrien}tnra}-Hone a Rural Area District, R8
Medium Low Density Residential Zone, and R1 Estate Residential Zone and,
Project AS signs when used as an accessory use for properties lying in
an-AP-}-er-AP-H-Agrien}trnn}-Bene a Rural Area District. Property AS
signs when used as an accessory use for properties lying in all zones or
districts.
Section 8-11-3-5 (Sign Provisions - Districts and Zones) To be amended as
follows:
8-11-3-5: DISTRICTS AND TONES: For the purpose of this Chapter:
A6RIEBLFdRAh-PRHSER- Ineiudes-AP-l-and-AP-H-Heves
VAT19N-H6NES RURAL Includes RP, RR, RT Zones.
AREA DISTRICTS
COMMERCIAL ZONES Includes C-1, C-2 and C-3 commercial
Zones.
INDUSTRIAL ZONES Includes M-1, M-2 and M-3 Industrial
Zones.
RESIDENTIAL ZONES Includes RSW, R1, R3, R8, R11, R14 and R20
Residential Zones.
Section 8-11-5-3 (Sign Provisions - Parking Lot AS Signs) - To be amended as
I
ollows:
8-11-5-3: PARKING LOT AS SIGNS: Parking lot signs when erected as an
accessory or on -premise sign for surface parking lots are permitted
in an R1 Estate Residential Zone, an R8 Medium Low Density Residenital Zone
and an R14 Medium High Density Residential Zone upon applicant submitting
evidence that the Commission has approved a conditional permit for the
operation of an off-street parking facility. Such signs are classified as a
permitted use in all commercial and industrial zones.
All signs so permitted shall be in accordance with the following provisions:
Design and Dimensional Standards for Parking AS Signs
Setback From Street
Zone Classification Max Area Max. Height Property Line
AP-17-AP-27RP, RR,
RT, R1, R8 & R14 16 sq. ft. 12 feet 5 feet
C-1, C-2, C-3,
M-1, M-2, & M-3 32 sq. ft. 12 feet 5 feet
All signs shall be stationary and if lighted may be indirectly or internally
illuminated only. Attached signs shall not be roof signs.
Section 8-11-5-4 (Sign Provisions - Project AS Signs) - To be amended as
follows:
8-11-5-4: PROJECT AS SIGNS: One or more accessory identification signs for
contractors or other participants in construction of buildings or
development of grounds are permitted for each project and are classified as
an accessory use in accordance with the following provisions; provided,
however, that the total area of all such signs shall exceed the maximum area
herein set forth:
Setback From
Zone Classifi- Maximum Maximum Type of Temp. or Front Street
cation Area Height Lighting Permenant Property Line
AP -1; -AP -2;
RP, R, RT 96 sq. ft. 12 feet same as above permanent 5 feet
R81 RS 64 sq. ft. 8 feet unlighted, in- temporary 5 feet unless
direct or inter- attached to a
nal illumination building
R1, R8, R14 64 sq. ft. 12 feet same as above temporary 5 feet
C-1, C-2, C-3, 96 sq. ft. 12 feet same as above permanent 5 feet
M-1, M-2, M-3
Section 8-11-5-5 (Sign Provisions - Property AS Signs) - To be amended as
follows:
8-11-5-5: PROPERTY AS SIGNS: Temporary accessory information signs used for
the purpose of advertising premises for sale, lease or rent, or as
a warning or danger or trespass notice pertinent to premises upon which a
sign is located are permitted and classified as accessory uses for each
parcel of land in all districts and all zones in accordance with the
following Provisions:
Zone Classification
Max Area
Max. Height
Setback From Street
Property Line
AP -1 -AP-2 RP, RR,
1 permitted
1 permitted
5 feet
RT
Lighting
or Neon
Property Line
R8
16 sq. ft.
6 feet
5 feet
R1, R8 & R14
32 sq. ft.
10 feet
5 feet
C-1, C-2, C-3
64 sq. ft.
10 feet
5 ft. sign for each
E-} M-1, M-1, M-3
street frontage
Signs shall be unlighted and stationary and may be detached or attached. If
attached, the sign shall not exceed the height of the eaves.
Section 8-11-5-6A (Sign Provisions - Public AS Signs, Design and Dimensional
Standards) - To be amended as follows:
AP -is -AP -3 64 sq. ft. 12 feet Indirect or nonrevoly- not located in
RP, RR, RT Interior ing required front
Illumination or rear setback
areas
RS 32 sq. ft. 8 feet same as
above
R1, R8 & R14 64 sq. ft. 12 feet same as
above
C-1, C-2, C-3 64 sq. ft. 16 feet same as
M-1, M-2, M-3 above
same as same as above
above
same as same as above
above
same as same as above
above
Setback From
Zone Classi- Maximum Maximum
Kind of
Revolving
Front or Rear
cation Area Height
Lighting
or Neon
Property Line
AP -is -AP -3 64 sq. ft. 12 feet Indirect or nonrevoly- not located in
RP, RR, RT Interior ing required front
Illumination or rear setback
areas
RS 32 sq. ft. 8 feet same as
above
R1, R8 & R14 64 sq. ft. 12 feet same as
above
C-1, C-2, C-3 64 sq. ft. 16 feet same as
M-1, M-2, M-3 above
same as same as above
above
same as same as above
above
same as same as above
above
Section 8-11-5-6B(1) (Sign Provisions - Public AS Signs, Design and
Dimensional Standards, Free -Standing Signs) - To be amended as follows:
1. Free Standing Signs: One free-standing sign is permitted along each
street frontage in accordance with the following provisions:
Zone
Classi-
fication
Max. Area
Max. Height
Lighting
Location
AP -1; -AP -2
100 sq. ft.
30 ft. above grade
Indirect or
5 ft. min.
RP, RR, RT,
unless the
unless the location
interior
from the
L-0, C-1, C-2
sign is loc-
of the sign is
illumination
property line
C-3, M-1, M-2
ated further
within 250' of the
and in accord -
M -3
than 200' from
boundaries of any
ance with
boundaries of
residential rezone,
Sections
any resi-
in which case the
8-13-3 and
dential zone,
height shall be
8-11-4J of
then 1 sq. ft.
reduced to 20'
this Title
of sign area
per each 5
lineal feet of
property front-
ing the street,
whichever is
greater. In any
case no sign
shall exceed
200 sq. ft. in
area.
Section 8-11-7D (Sign Provisions - Public Gathering AS Signs) - To be
amended as follows:
D. Detached signs are permitted only when the building setback is at least
twenty feet (20') from the front property line but shall not exceed
eight feet (8') in AP -1 -and -AP -2 Rural Area Districts or residential
zones, or twelve feet (12') in height in the C-2 Commercial Zone.
Section 8-11-6D(3) (Sign Provisions - Nonaccessory off -premise signs, table)
- To be amended as follows:
3. Table
Zone Classifi- Maximum Maximum Kind of Percent of Sign
cation Area Height Lighting Animation Location
AP -17 -AP -2 650 sq. ft. 40 feet Direct None A minimum of
RR, RT Indirect 660 feet from
Interior the right of
Illumination way of any
primary or in-
erstate
highway
5 feet minimum
from any prop-
erty line
Section 8 -11 -SC: (Sign Provisions - Nonconforming Signs) - To be amended as
follows:
C. All sign companies shall be required to furnish the Commission written
evidence within six (6) months from the effective date of this Chapter
of size, type, location of each sign in order to establish grandfather
rights to the sign and its location; provided however, that in such
cases where permits have been issued by the Commission for the erection
and use of nonaccessory, off-premies, outdoor advertising signs on
properties lying in an -AP -I -and -AP -P a Rural Area District being subject
to reclassification as a commercial or industrial zone as set forth in
the Ada County Comprehensive Tent and Comprehensive Map, and fronting a
duly adopted highway secondary system or County major arterial or County
modified arterial, that upon the said properites being classified into a
residential zone, the use of such sign shall terminate within one year
after the property has been classified into residential zone and the
sign removed.
Sections 5-12-3D(3) and 3-12-3E (Exceptions, Modifications and
Interpetations: Nonconforming uses and structures) - To be amended as
follows:
3. No nonconforming use may be enlarged or extended in such a way as to
occupy any required open space, or any land beyond the boundaries of the
lot on which it existed at the effective date of this Title, nor may
such nonconforming use displace any conforming use in the same building
on the same parcel; provided however that the provisions of this
subsection shall not apply to structures or buildings located on
properties lying within the boundaries of an-AP-&-er-AP-2-Agriexiara?
Preservation a Rural Area District, and being further provided that such
buildings will be used for such uses as are designated as principal
permitted uses, or for such uses as are customarily accessory to, and
incidental to the conduct of a principal permitted use, and that such
use is conducted upon the same premises as the principal permitted use.
E. Restoration of Damaged Nonconforming Buildings: Any nonconforming
building or structure damaged more than seventy percent (70%) of its
then fair market value, exclusive of the foundations, at the time of
damage by fire, flood, explosion, wind, or earthquake, war, riot or
other calamity or act of God, shall not be restored, reconstructed or
used as before, provided that it be done within twelve (12) months of
such happening; provided however that the provisions of this subsection
shall not prevent the restoration of any damaged nonconforming building
or structure located on properties lying within the boundaries of an
Ap-}-or-AP-g-Agrien&tnral-Preaervntien a Rural Area District; and being
further provided that such buildings or structures will be used for such
uses as are designated as principal permitted uses, or for such uses as
are customarily accessory to, and incidental to the conduct of a
principal permitted use, and that such use is conducted upon the same
premises as the principal permitted use.
Section H -13-3A5 and 6 - (General Provisions - Access to public streets) - To
be amended as follows:
S. Any private street greater than four hundred feet (4001) shall not
be allowed more than three-fBj four 4 lots with residences fronting on
it. However, if the street meets public street construction standards,
6. construction Standards:
Ap-}-&-AP-2 RP, RR, RT, Zones other Zones
30' 30'
Minimum right of way width 20 20'
Minimum improved width
6" of 2" crushed gravel, X X
compacted x
2 1/2" plant mix
Z� slope from centerline gravel
Improved surface
These standards may be modified by the Commission as permitted in
Chapter 9, Planned Developments.
Section 8-13-10 (General Provisions - Restrictions concerning animals) - To
be amended as follows:
8-13-10: RESTRICTIONS CONCERNING ANIMALS:
A. Animal-Runwaysr In any residential zone where domestic livestock is
permitted as an accessory use, animal runs or barns, chicken-er-£ewl
poultry pens, other contained feeding areas, and colonies of bees shall
be located on the rear half of the property, but not closer than seventy
feet (70') from the front property line nor closer than one hundred feet
(100') from any existing residence other than the residence of the
owner, subject to the exemptions of 8-12-2A.
B. Bemestie-Eivestaek-and-Farm-Animals- Where the raising, feeding and
keeping of domestic livestock;-demesne-birds;-penitry;-nnd-rebbits is
permitted in-the-RI-Estate-Residential-Sone;-the-RB-bew-Bensity
Residential-Sane;-the-R8-Medinm-haw-Bensity-Residential-Bene;-nnd-the
R}1M-Medinm-Bensity-Residential--- Mebile-Heme-Bene, the minimum lot size
shall be one acre; and-in-the-RSW-Senthwest-eemmnn+ty-Residential-Eene
the -minimum -let -sine -shall -be greater -than -2 -5 -acres _ previded-h
However, that such domestic livestock is shall be maintained within
enclosures or buildings and further provided that any such buildings in
which -said -demesne -livestock -are -housed and the designated location s
for peint-e£ feeding --7 and watering er-erection-ef-lea€ing-sheds shall
be at least one hundred feet (100') from any residential structure not
on the subject premises . and -that -t The owner of such domestic
livestock shall comply with all -e£ -the applicable regulations of the
health authority applicable-te-the-raising-and-care-e€-said-demesne
liyesteek.
Sections 8-14-4-1 and 8-14-4-1F (Special Provisions - off-street parking
space required) - To be amended as follows:
8-14-4-1: OFF-STREET PARKING SPACE REQUIM: Except as provided in Chapter
9, Planned Developments, off-street parking and loading facilities
as defined, shall be subject to the general regulations and requirements of
this Title, being applicable in all zones (except in the AP-4-er-AP-2
Agrienitnrnl-Preservetion Rural Area District 11-; in connection with every
industrial, eemereial commercial, institutional , recreational _ residential,
or any other use as well as the following provisions:
F. Required parking and garage facilities accessory to residential
I not be used for the storage of commercial vehicles
structures shalin
other than for one such vehicle which is operated by r
the AP-1-er-�-2-Agrienitxral-Preseryntien Rural Area District s, R1
_
Estate Residential Zone and RS Medium Low Density Residential Zone.
Section 5-15-1C (Conditional Uses - Approval Procedures, General Provisions)
- To be amended as follows:
C. General Provisions: An application for a conditional use permit may be
approved by the Commission only if the evidence at the hearing, and such
instances not requiring a hearing, the evidence upon investigation is
such -ds -to establish es that the:
1. That -the -g Granting of such a permit would not cause damage, hazard
or nuisance, or other detriment to persons t or property i or uses in
the vicinity and i wexld-net-be-in-een£liet-with-the-Eamprehensiee-Plan;
2. That -the -1 Location of the proposed use is compatible to other land
uses in the general neighborhood area, and does not place an undue
burden on existing transportation and service facilities in the area;
3. That -the -s Site is of sufficient size to accommodate the proposed
use and all yards, open spaces, walls, fences, parking, loading areas,
landscaping and design standards as are required by this Title;
4. That -the -5 Site will be served by streets of capacity sufficient to
carry the traffic generated by the proposed use; and
5. That -the -p Proposed use, if it complies with all of the conditions
upon which the eenditien approval is made contingent, will not have
undue adverse effect upon other property or uses in the vicinity--
_ and
6. Proposed use is not in conflict with applicable Comprehensive Plans.
8-15-2C (Conditional Uses - Conditional Use Permits) - To be amended as
follows:
C. fin -seting -open the An application;-the-Eee¢nissien-shall-preside-that
approval -of for a conditional use permit shall be approved by the
Commission contingent upon acceptance and observance of specified
conditions, including but not limited to the following matters:
1. Conformity to approved plans and specifications;
2. Performance eheraeteristies standards, related to the emission of
noise, vibration and other potential IX or objectionable elements;
3. Limits on time of day for the conduct of specified activities;
4. The period within which the permit shall be exercised or otherwise
lapse;
5. Guarantees as to compliance with the terms of the approval t
6. A continuous obligation to maintain adequate housekeeping practices
to prevent the creation of a nuisance.
the
Section 8-15-3 (Conditional Uses - Special provisions applicable to special
conditional uses) - To be amended to delete 8 uses, "Beer Parlors", "Bulk
storage of flammable liquids and gases, above ground and for resale",
"Commercial feed lots or stock yards as defined in Section 8-2-1", "Home
occupation, farm", "Home occupation, urban", "Residence, additional farm",
"Residence, farms less than 40 acres", "Residence, Non-farm"; to add 6 uses,
"Dairy farms", "Distillation fuel plants", "Feed lot or stock yard",
"Flammable substance storage", "Recreational vehicle parks", "Tavern or beer
parlor"; and to amend 26 uses, "Agricultural service establishments",
"Aircraft landing fields or airports, public or private", "Animal clinics,
animal hospitals, veterinary offices, kennels or training schools",
"Aquaculture farm", "Cemeteries, mausoleums and crematories", "Churches and
parish halls", "Clubs, lodges and social halls", "Commercial packing
facility", "Commercial stables and riding schools", "Day care center", "Drag
strips", "Explosive manufacturing and storage", "Garage or storage building,
private - any size larger than 900 square feet", "Go-cart tracks", "Golf
courses and country clubs, public or private but not including golf driving
ranges or miniature golf courses, except as an accessory use", "Gravel pits,
rock quarries, sand and clay pits", "Labor camp", "Mortuaries", "Public and
quasi -public uses, classified and segregated as to use as follows", "Public
school, parochial and private school (except where students are held under
restraint) and which offer curricula similar to public schools, elementary,
junior high and high schools", "Race track", "Radio or television towers and
antenna", "Sanitary landfills", "Shooting ranges", "Theaters, drive-in",
"Truck stop", as follows:
8-15-3: SPECIAL PROVISIONS APPLICABLE TO SPECIAL CONDITIONAL USE
PERMITS:
Agricultural Service Establishments
Zoning Districts Permitted: AP -1 RP, RR.
Conditional Standards:--Shnl£-be-£ennd-bp-the-Eemmissien-te
eetnp�y-xitk-the-Rxrni-Aree-Section-ef-the
Adn-Eennty-Eemprehensiee-Pan-and-the
de£initien-e£-Agrien�tnra}-Seraiee
Establishments-£eand-xithin-the-Ada-Eennty
Seninq-Erd#Hance-fSeetien-8-�-dj-
ic-Rrn££ie-generated-by-tke-fneility-sknl?
be-limited-ta-the-capacity-e£-ad3neent
readfsj-and-shn�?-net-impact-snrrennding
£arm-eperntiensc
37 1. Shall be £annd-by-the-Eemmissien-te
be a use that serves the farm community
with products or services necessary for
land in used for farm agricultural -use
purposes.
4c 2. Shall be located on land determined
to be unsuitable for farm agricultural use
purposes and be situated in areas where it
will not unduly impact surrounding farm
activities.
Sr 3. Shall be limited in size of
facility, number of employees, and trip
generation to prevent adverse impacts to
farming activities in the immediate area.
6--A��-sneh-£nei}itiershn�i-be-designed
and-�aeated-with-£n��-eensiderntien-te
their-prexim3ty-te-nd3neent-nses;-their
e££eet-open-ndjeeent-property;-and-the
rednetien-ef-any-nnisenee-£aster---'Phe
saner-ar-eperater-e£-such-n-nse-shn�i-hese
a-eentinnons-eb�igatiea-te-maintain
ndegnate-hensekeeping-practices-te-present
the-erention-e£-n-nnisnnee-
Aircraft landing fields or airports, public or private
Zoning Districts permitted:
Conditional Standards:
Ap-j, AP -2 Rp,RR, RT, M-1, M-2, M-3.
1. The applicant shall provide
verification of compliance with
regulations and requirements of the
following agencies:
a. Federal Aviation Administration
b. Idaho Transportation Department
(Bureau of Aeronautics)
C. Idaho Military Division - National
Guard
d. City of Boise - Airport Commission
Animal clinics, animal hospitals, veterinary offices, kennels or training
schools
Zoning Districts Permitted: AP -2 RT, C-1, C-2, M-1, M-2, M-4, M-5;
,Aa-} RP, RR Kennels.
1. Location
a. At least 300 feet from any residence
including motels and hotels, owners'
residence excepted.
b. The requirements set forth in la and 2
under these standards may be excepted for
such locations where the animals are
completely housed in soundproof structures
that completely screen them from the view
of the abutting properties.
2. Facilities. Animal runways shall be
provided by applicants for such
establishments that may be located in
zones C-1, C-2, M-1, M-2, M-4 and M-5.
The facilities housing animals and
including animal runways shall be
enclosed.
3. ebliga�ion-te-Haintnin---the-epernter
The facility shall have-a-eenlinning
ebligatien-ie comply with all County and
State regulations relative to such an
operation, and to maintain adequate
housekeeping practices designed to prevent
the creation of a nuisance and to reduce
to a minimum the factors of noise and
odor.
4. Suitable off-street parking required.
Aquaculture farm
pp �, RT.
Zoning Districts Permitted:
AP -I; -AP -2
1, Any facility used for such purposes
Conditional Standards: shall be at least 600 feet from of the
dwelling other than the dwelling
owner of the property in question.
2, Paeilitiese All such facilities shall
be designed and located with full
consideration to their prox�ty to their effect upon adjacent
adjacent uses,
and surrounding prOpeYties, and to the
of such nuisance factors as
ts.
reduction
traffic or other impac
odor, noise,
3. Phe-saner-er-eperater-e£-sneh-use-shn}}
have-a-sent}mens-ebl}gatien-te-mniatnin
adequate-housekeeping-prnetiees-te-present
the-crest}an-ef-e-nuisance;-and-sha}}_a}se
be-subject-te The facility shall comply
with all requirements of the health
authority specifically pertaining as to
the elimination of waste materials and the
maintenance of water quality control.
37 4. All other applicable State, Federal
or local agencies having jurisdiction or
other regulation over such facility shall
be informed of such proposal and submit
appropriate approvals for such facility.
Beer -parlors
Bening-Bistriets-Permitted- E-1;-E-d;-E-3-and-thnt-pertien-a€-AP-}
€renting-e-Pedera}-er-State-h}ghany-er-a
Eeunty-ma3er-arteria}-er-medi£}ed-arteria}
as-designed-in-the-major-therenghfare
p}an-
Eanditiana}-Standnrdse l:-Applicant-sha}}-submit-evidenee-te-the
Eenun}ssien-thnt-nppliennt-is-nb}e-and
ailling-te-eemply-with-s}}-e£-the
precis}ens-eentained-in-tke-Adn-Eennty
9rdinnnee-Md�-adapted-August-PS;-}965-nnd
entered-in-the-Ada-Eennty-Eemmissienersl
minutes-Beek-as-said-precisions-re}nte-te
the-en-premise-se}e-and-dispensing-e£-beer
in-tke-ern}neerpernted-pertiens-e£-Adn
Eeuntyo-
d--App}iennt-shn}}-net-be-leeated-en-n
premise-tknt-ndjeins-n-eemmereia}
dere}epment-sensing-semen-retei}-trade-
3--Applicant-sha}}-preside-and-mn}ntnin
suitab}e-aeshreem-and-tei}et-€aeilities-te
separately-neeemmednte-beck-sexes-
4--Appl}sunt-sha}}-preside-and-maintain
suitable-e££-street-parking-facilities-
1-See-'fide-4;-Ehepter-3-ef-this-Fede-
Balk-storage-af-f}ammnb}e-}3gnids-ead-geses�-above-graaad-sad-€er-resale
Sening-Bistriets-Permittedr AP-1-AP-d,-M-};-M-2-
Eendlt}anal-Standards- }--beset#en-
s--A-}east-3B8-feet-fre�n-a-residentis}
sane;-e-resldenee;-mete};-hete};-resldenee
of-an-saner-exeepted-
b--App}leant-shn}}-pree}de-sn}tab}e
leading- and-ttnlead}ng-spaees-and
e£f-street-park}ng-£ae}lltles-
Sc-Pae}l}t}es-erected-snbjeet-te-appreea}
e£-3nr}sdiet}enn}-£ire-chief:
Cemeteries, mausoleums and crematories
Zoning Districts Permitted: AP-} RR, AF -2 RT, RSW, R1, R3,
M-2. (Cemeteries only) RP.
Conditional Standards: 1. Location.
a. No structure or mausoleum, exclusive
of fences, shall be located nearer than
100 feet from any existing dwelling
}eented-en-the-property-}n-quest}en. No
structure shall be located in the cemetery
within 35 feet of the front property line
and 15 feet of any side property line.
bc-braves-skull-be-leented-a-m}n3mnm-ef
}5-€set-€ram-}fines-ns-edepted;-set-£erth
nnd-reeerded-#n-the-Adn-Eennty
therenghfare-p}an-er-a-dn}y-adopted
amendment-er-addition-thereto-
-e- b. Graves shall be located a
minimum of 30 feet from an existing or
proposed public right of way and 15 feet
from any other exterior property line.
--d- c. A crematory, whether lying
within or without the limits of a
cemetery, shall be located a minimum of
300 feet from any residence other than the
residence of the owner.
--e: d. The structure housing the
incinerator shall be located a minimum of
100 feet from any property line. The
minimum lot area for new cemeteries shall
be twenty (20) acres.
2. Facilities.
a. All cemeteries are required to be
platted, said plat being subject to
inspection and recommendation by the
Commission to the Board for approval, and
final approval by the Board. Upon final
approval by the Board, the plat shall then
be recorded in the office of the Ada
County Recorder.
b--A}}-rend-rights-e£-xny-er-ether
enaements-skean-en-the-mnjer-therengh£are
p}an-and-pertaining-te-the-property
e££eeted-by-the-npp}ieatien-aha}}-be i
dedieated-ta-the-pnb}ie-
e--Peints-e£-access-nnd-egress-aha}}-be
appreaed-in-xritinq-by-the-Heanty
Engineer;-and-i£-ebntting-a-State-highany
by-the-State-Highway-Bepartmeat-
--d- b. Sufficient private driveway
space or private parking facilities shall
be maintained to eliminate the necessity
of parking on any Federal, State highway
or County road.
--e- c. No cemetery lots aka}} should be
offered for sale until an adequate water
supply for irrigation has been developed,
and conditions pertaining to the public
health shall have been approved in writing
as being adequate by the city-Eennty
Hea}th-Bepartment aooropriate health
authority.
--£- d. If the cemetery is privately
owned, the cemetery shall be established
as a perpetual care cemetery in accordance
with provisions relating to perpetual care
cemeteries contained in the laws of the
State of Idaho.
---qc e. In case a crematory facility is
included, the applicant shall secure
approval from Eennty-nntheritiea-e£ all
aaorooriate ctovernment aaencies for
structures and equipment being so designed
and deemed adequate to eliminate any
nuisance by reason of smoke or odor
extending beyond or outside of the
property lines of the subject premises-
I Section 27-401 et seq. Idaho Code.
Churches and parish halls
Zoning Districts Permitted: AP -1; -AP -2 RP, RR, RT, RSW, R1, R3, R8,
R11, R14, R20, C-1, C-2, C-3.
Conditional Standards: 1. Location, Size and Setbacks:
a. Minimum street frontage: 100 feet.
b. Minimum lot depth: 125 feet.
c. Minimum setback distance: front yard -
35 feet; side yard - 15 feet; rear yard -
25 feet. Buildings on corner lots shall
observe the minimum front yard setbacks on
both streets.
2. Faeilitiese Applicant shall provide
and maintain suitable drinking water,
washroom and toilet facilities, and
suitable off-street parking facilities.
Clubs, lodges and social halls
Zoning Districts Permitted: AP -1 RP, RR, AP -2 RT, R11, R14, R20, C-1
and C-3.
Conditional Uses: 1--beentien--Me-a}ab;-}edge-er-socia}
ha}}-she}}-be-}coated-nearer-te-a
eenunerein}}Y-deae}eped-portion-e£-a-2-1
Sane-er-n-genera}-eonmtereia}-portion-e£-n
E-3-Sane-than-398-£eetc
27 1. Faeilities- Applicant shall provide
and maintain suitable drinking water,
washroom and toilet facilities and
suitable off-street parking facilities.
Ee�ereia}-£eed-}ets-er-steelc-Ynrd-ea-de£iaed-in-9eetien-B-�'-}
Saving-93striets-Permittede AP -1; -M -S-
Eenditiene}-Standards- �--Any-bni}ding-hensing-eniae}s;-feed-}ot
or-he}ding-pens-she}}-net-be-}ess-than-699
£eet-£ram-any-die}}ing-ether-tknn-the
dwe}}ing-c€-tke-owner-e£-tke-property-in
gaestien-
SliCh-�QCiiities-sha}}-tense-n-.vin}�inG-ef-35
setback-€rem-the-front-prepertY-
feet;-side-prepertY-}fines-e£-15-feet;-end
rear-prepertY-}fines-e£-SS-feet-
�--Faei}hies.--A}}-sash-£aei}hies-shall
be-designed-and-}seated-aith-£u}}
eensideratien-ta-their-proximity-te
ad3aeent-ries;-their-e££eet-xpen-ad3aeent
and-surreanding-properties;-and-te-the
rednetien-a€-sash-nuisnnee-€asters-ns
oder-
the-owner-or-operator-ef-sneh-use-shn}}
hose-n-eentinnexs-obligation-to-maintain
adequate-housekeeping-practices-te-present
the-ereatien-a€-n-nuisance;-end-shn}}-alae
be- subjeet-te-the-idnhe-State-Bepartment
of -Health -and -Welfare -as -to -the
elimination-ef-waste-materia}s-and- the
maintenaaee-e€-water-quality-eentrel-
Commercial packing facility processing-piente-ine3:uding-the-processing;
pneknging;-storage;-wareheasiag;-end-sale-e£-ngriee�}tnrn}-Prednets;-end-dairy
prednets-which-have-bees-predneed-ia-nrees-ether-than-the-Premiaes-npen-whieh
the-processing-pleats-are-}anted;-said-eetivities-being-ia-aeeerdenee-with
the-praeisiens-npp�ieable-te-thrrespeetiee-zenerer-districts-£er-which
conditional -permits -are -permitted.
Zoning Districts Permitted:
Conditional Standards:
9-1 RP, RR.
1. beention- Structures erected for the
housing of the above noted facilities
shall set back 35 feet from any property
line.
2. Facilities- Applicant to shall provide
and maintain suitable off-street parking
facilities.
Commercial stables and riding schools
Zoning Districts Permitted: AP -2 RP, RR, RT, RSW.
Conditional Standards:
1. Beeatien- All stables or loafing sheds
shall be located not nearer than 100 feet
from any residence, (residences located on
subject premises excepted), and shall be
set back a minimum of 35 feet from any
property line.
2. Faeilities- All such facilities shall
be designed and located with full
consideration being given to their
proximity to adjacent uses and their
effect upon adjacent and surrounding
properties, as to the storage of horse
trailers, and the factors of noise or
odor.
Dairy farms
Zoning Districts Permitted:
Conditional Standards:
Day care center
Zoning Districts Permitted
Conditional Standards:
3. The owner or operator of such uses
shall have a continuous obligation to
maintain adequate housekeeping practices
to prevent the creation of a nuisance.
4. Applicant shall provide and maintain
suitable off-street parking facilities.
RT.
3 All other applicable State, Federal
or local agencies having *urisdicti.on or
other regulation over such facility shall
be informed of such proposal and submit
appropriate approvals for such facility.
Ap-.I;-AP-E,RP, RR, RT, RSW, R1, R3, RS,
R11, R14, R20, E17 -e2; -e3; C-1, C-2, C-3,
L-0.
}--Preiiminnry-nppresn}-ef-cite-end
bni}ding-puns-Prem-Adn-EeantT-Bui}ding
Bitlieien;-nppreprinbe-fire-ngeaey;-Eenbra}
Bietriet-Aea}th;-Ada-Eanaty-Highway
Bistrict;-nad-nny-ether-nppiienb}e
gevernmenta}-ngeney;-9ba}�-be-enbmitEed
with-khe-app}iea�iea-
2- 1. All structures and facilities
shall be designed and used in such manner
as not to be detrimental to adjacent and
surrounding property nor to the safety and
welfare of the children. The following
standards shall be applied:
a. Minimum outdoor play area - 100 square
feet/child, completely enclosed in fencing
of appropriate height to protect children.
The Commission may waive this area
requirement if appropriate open space or
parks are located adjacent to the facility
that can be used by the children as a play
area or the program design of the facility
is such, that the size of a group of
children using the play area at any one
time conforms to the 100 square feet/child
criteria.
b. A minimum of 35 square feet/child of
net floor indoor area indoors must be
provided. This space will be measured
wall to wall in rooms that are regularly
used by the children and is exclusive of
halls, bathrooms and kitchen.
c. Minimum parking - 1 space/staff person,
2 space minimum. In commercial or L-0
Zone, 1 loading space/8 children will be
provided. The Commission may increase or
decrease or modify these requirements
based upon individual circumstances, with
the exception that the minimum standard of
1 space/staff person, 2 space minimum
shall not be decreased.
d . on-site vehicle pick-up and turnaround
area shall be provided.
e. Lot size shall be adequate to provide
for parking, child pick-up area, vehicle
turnaround area, play area, screening and
setbacks.
37 2. The Commission may require
additional conditions as are necessary to
protect adjacent and surrounding property,
safety and welfare of children, and to
insure the safe discharge and pick-up of
children.
4- 3. The Commission shall specify the
maximum number of allowable children as a
condition of approval, based on health
and safety requirements, considerations of
site and building design and capacities,
and recommendations from applicable
government-ai agencies.
Distillation fuel plants
Zoning Districts Permitted:
Conditional Standards:
Drag strips
Zoning Districts Permitted:
Conditional Standards:
ST 4. In nonresidential areas, the
Commission shall consider the uses of the
surrounding properties in the
determination of the capability
compatibility of the proposed day care
center with such uses and the Commission
may require additional conditions as are
necessary to protect the health, safety
and welfare of the children.
RP, RR, M-2.
1. The proposed use shall be located
and/or designed with full consideration to
proximity to adjacent uses, effect upon
adjacent property, and reduction of
dangerous factors. The location and plan
and specifications of facilities to be
erected shall be subject to the written
approval of the jurisdictional fire chief.
3. Sufficient on-site area shall be
reserved for loading and parking areas to
eliminate the necessity of parking on any
street or highway.
AP-} RP, RR.
Applicants shall submit with the
application, the following drawings and
data:
1. A legal description of the property to
be acquired, together with evidence of
ownership, or rights to acquire, together
with evidence of financial ability to
acquire and develop property, in accordance
with the Ada County Code regnlatinq-aneh-n
deeelepment;-9nid-Fede-being-siailnr-te
that-e£-the-Netieanl-Het-Red-A9seeintien.
2. A drawing on a 1" = 300' scale showing
the parcel of land being a mile long and
at least 500 feet wide, together with the
names and width of abutting streets and
highways and a general layout of (a) the
finished drag strip course; (b) spectator
areas; (c) pit area; (d) technical
inspection and classification area; (e)
staging and fire -up area; (f) control
tower; (g) communications system; (h)
equipment, clocks, scales, fire fighting,
etc.
3c-FJpan-deeming-the-npp}leant-competent-te
£n}£i}}-their-proposed-eb}igntiens;-the
Eemnisaion- Shall- set -n -hearing -ns -herein
provided -
e. 3. Prior to issuing any building
permits, the applicant -s shall submit
plans covering type of soils, existing
irrigation and drainage ditches,
topography of the terrain and detailed
plans of proposed improvements;-a}l-being
snbgeet-te-Ada-Eauntq-Eede-rega}nting-such
developments.
b- 4. The Commission may permit stage
phased development -s of proposed
improvements, providing the safety of
spectators and occupants is assured net
pat-in-�eepnrdq;-Her-undue-trn£fto
congestion;-hnznrd-er-Heise-is-deemed-te
be-detriments}-te-the-iimnediate
neighborhood-er-the-public-interest.
e--ghe-eeexpaneq-permit-grunting
npp}iennts-ta-operate-n-drug-strip-shn}}
net-be-issued-nnti}- evidence- is -submitted
te-the-eemmission-that-struetnres-required
bq-the-Eonm+issien-have-been-bni}t-in
neeardnnee-with-approved-p}ons-
Explosive-se-storage-andfer manufacturing and storage tranapertatien
Zoning Districts Permitted: AP-} RP, RR, AP -2 M-2.
Conditional Standards: 1. beeatien- The proposed use shall be
located and/or designed with full
consideration to its proximity to adjacent
uses, its effect upon adjacent property,
and to the reduction of inherent dangerous
factors. The location and plan and
specifications of facilities to be erected
shall be subject to the written approval
of the jurisdictional fire chief.
2. Faeiiities- The owner or operator of
such a use shall furnish evidence that the
dangerous characteristics of the
particular process or activity in question
have been or shall be eliminated or
minimized sufficiently as not to
constitute a nuisance or be detrimental to
the health, safety, comfort, or general
welfare.
3. Sufficient on-site area shall be
reserved for loading areas and parking
areas to eliminate the necessity of any
side parking on any abutting street or
highway.
Feed lot or stock yard
Zoning Districts Permitted: RP, RR, M-2.
Conditional Standards: 1. Any buildings housing animals, feed
lots, or holding pens shall not be less
than 600 feet from any dwelling other than
the dwelling of the owner of the subject
property.
2. Facilities shall have a minimum setback
from the front property line of 35 feet;
side property lines of 15 feet; and rear
property lines of 25 feet.
3. All facilities shall be designed and
located with full consideration to their
proximity to adjacent uses, their effect
upon adjacent and surrounding properties,
and to the reduction of such nuisance
factors as odor.
4. The owner or operator shall be subject
to the Idaho State Department of Health
and Welfare as to the elimination of waste
materials and the maintenance of water
alitv control.
Flammable substance storage
Zoning Districts Permitted: RP, RR, M-1.
Conditional Standards: 1. The proposed use shall be located
and/or designed with full consideration to
proximity to adjacent uses, effect upon
adjacent property, and reduction of
dangerous factors. The location and plan
and specifications of facilities to be
erected shall be subject to the written
approval of the jurisdictional fire chief.
2. That the applicant shall furnish
evidence that the dangerous
characteristics of the particular process
or activity in question have been or shall
be eliminated or minimized sufficiently as
not to constitute a nuisance or be
detrimental to the health, safety,
comfort, or general welfare.
3. Sufficient on-site area shall be
reserved for loading and parking areas to
eliminate the necessity of parking on any
street or highway.
Garage or storage building, private - any size larger than 900 square feet
Zoning Districts Permitted: AP-} RP, RR, AP -2 RT, RSW, Rl, R3, R8,
Rll, R14, R20.
Conditional Standards:--Genera}-ercd-speeia}-pree4sians-e£-th#s
ehapter-.
�--}adear-storage-ef-persenn}
fneneennnere#a}j 1. Shall not be used for
commercial vehicles , except as provided
in Section 8-14-4-1.
37-baeatienT 2. All structures must meet
the required setbacks for the zone.
4T-FaeilitiesT 3. Adequate screening of
the building shall be provided.
4. Applicant must provide evidence that
the part}ea}ar-net4v}ty-}n-gnestiea-wi}}
net-eenstitnte-a-nn}sanee-er-be
detriments}-te-the-hea}th;-eeenfert;-safety
er-genera}-we}fare-te-khrsnrrennding
area; -and -the usage is not of a commercial
or industrial nature.
S. Compliance with Section 8-13-12-2.
ST-Aay-ether-eend3t4ens-ns-:nay-be-impesed
by-the-Eemm4ssienT
Go-cart tracks
Zoning Districts Permitted: AP-} RP, RR, AP -'s RT.
Conditional Standards: 1. Location and size.
a. Minimum lot area: 5 acres.
b. The track shall be a minimum of 1,000
feet from any occupied dwelling unit,
other than the dwelling of the owner.
c. Spectator areas shall be located a
minimum of 35 feet from any track area.
d. The track shall be located a minimum of
300 feet from a major arterial; provided,
however, such track may be located within
35 feet if an 8 foot sight -obscuring fence
is erected.
2. Facilities.
a. Applicant shall provide suitable off-
street parking facilities.
b. Applicant shall provide and maintain
adequate toilet and water facilities.
c. An adequate fence or suitable
substitute shall be constructed around the
track area a minimum of 3 feet high.
d. A traffic and development plan,
including a site pian for the property in
question shall be submitted with the
application, subject to approval by the
several jurisdictional authorities.
e. Concession stands as an accessory use;
provided such use is located contiguous to
the track area.
£c-the-proposed-nae-shall-be-in-neeerdanee
with-the-Adn-Eoxnty-6e-Enrt-Regalntiens-
Golf courses and country clubs, public or private, but not including golf
driving ranges or miniature golf courses, except as an accessory use
Zoning Districts Permitted: Ap-1 RP, RR, AP -9 RT, RSW, R1, R3, R8,
R11.
Conditional Standards: 1. Location, Size and Facilities. Minimum
lot area-: - 80 acres for 9 homes holes.
2. The conditional permit shall be subject
to the approval of a traffic and
development plan, site plan showing the
location of all proposed structures and
their uses, including access and egress
points and off-street parking and loading
or delivery area.
3. Due consideration shall be given to
hazards, to adjoining property or streets
from golf balls in flight, to undue noise,
or glare and to securing of full approval
of jurisdictional authorities , with
reapeet-te-bniiding-eedee;-health-cedes;
sign-eedea-nnd-ether-Eennty-cedes
geeern>_ng-en-Site-impreeements including
drainage respees4bilities review.
Gravel pits, rock quarries, sand and clay pits
Zoning Districts Permitted: AP -1 RP, RR, Ap-R RT, M-2, M-4, M-5.
Conditional Standards: 1. Application. The applicant shall
submit be -made -open -ferns -prescribed -by
the-Eenu+issien-which-skni� an application
to include but not be limited to the
following information:
a. Location of proposed site drawn to
scale on an accurate map showing site
boundaries, and boundaries of proposed
excavation.
b. The method and disposal of drainage.
c. The zoning classifications of properties
lying within 1,000 feet of the operations
site.
d. A typical cross section of proposed pit
showing degree of slope for each class of
material to be excavated.
e. The approximate location of major
buildings, processing plants, loading
areas, parking areas, protective fencing.
f. Submit evidence of ownership or
authority for operation in writing from
owner or owners of property, whether
private or public.
g- g_ Submit statements and drawings
showing method of approach and proposed
construction and maintenance of private
roads at their approach to and
intersection with designated public
thoroughfares.
37 h. Submit a statement setting forth
the applicant's proposed method of
rehabilitation of suspended or depleted
excavation if such rehabilitation is
proposed.
2. operational Conditions:
9perntieeni-Eenditiense i a. All operations shall be carried on
subject to accepted safety conditions for
the type of excavation being performed.
2 b_. The extent of rehabilitation upon
depletion or completion of excavation
shall be determined with due consideration
being given as to what is reasonable in
keeping with what is suitable and
compatible with the area surrounding the
area under consideration.
3 c. Whenever subject area is depleted,
all temporary buildings and structures
except property line fences and structures
for the loading, measuring or weighing of
salable material in storage, shall be
entirely removed from the property. The
salable materials and equipment may be
stored in a depleted area when compatible
with the applicant's proposal for
rehabilitation as outlined under -9 b_
above.
4 d. A processing, storage, sales and
reprocessing operation may be carried on
in a depleted deposit when materials for
processing, storage, sales and
reprocessing are obtained from another
source.
e The operation shall comply with all
other applicable Federal State and Countv
regulations particularly but not limited
to air and water auality and site
reclamation.
ane-Netieee 3. Due Notice. Hpen-the-preenrement-ef-n
permit-fer-and-rights-te-subject-nren-te
epernte-n-grove}-pit;-reek-gnnrrq;-er-sand
and-einy-pit-thereon;-the-nppiiennt-mny
glee-due-netiee-te-the-public-ef-snek-£net
by-erecting-n-sign-en-said-prepertq
subject-te-the-previsions-ef-Seetien
S-}}-3-}-ef-this-'Pirie-er-bq-identifying
subject-prepertq-and-giving-netiee-ef-the
intent-to-pmt-said-premises-to-the-nse
prepesed-ins}nding-the-date-ef-reeerding
and-reeerding-said-statement-ef-intent-in
the-ef£iee-e£-the-Adn-Eennty-Reeerder-
The Director shall notify property owners,
within at least 1000 feet of any property
boundary of the proposed site, of the
public hearings
Heme-eeenpatiea;-£Arm
Bening-eistriets-Permitted- AP -i:
Eenditienn}-Stnndnrds� }--'Phe-puree}-en-which-the-farm-home
eeenpntien-is-te-be-epernted-shn}i-be-in
£arm-nse-
20-'Phr£arm-home-eeenpntien-skull-be
}seated-on-the-£armetend-er-iemnedinteiy
ndjneent-te-the-priseipni-form-residence-
3c-Strnetnrni-ndditiens-for-n-farm-home
eeenpntien-mny-be-made-te-the-form
residence;-presided-seek-ndditien-deco-net
exeeed-twenty-five-pereent-fRS%s-of-the
main-fieer-area:
4s-the-£arm-kerne-eeenpntien-mny-be-}eented
in-n-sepnrnte-nenresidentia�-er-form
est-bni}ding;-presided-mny-bni}ding-spnee
necessary-te-eentnin-suck-nse-does-net
exceed-996-sgetnre-feet-
So-Emeieyees-ska}?-be-limited-te-immediate
femiiq-members-and-enc-ndditienn�-hired
employee-.
6--the-farm-home-eeenpatien-mnsE-be
clear iy-iMei dental- and-secendary-to-the
farm-ase-
Home-oeenpntiens;-urban
Bening-BisEriets-Permitted- AP-};-AP-?;-home-eeenpatiens;-nrbnn;-being
as-defined-in-Seetien-9-d-}-and-being
app}ienbie-eniy-te-these-portions-e£-the
AP-}-er-AP-d-BistrieEs-wkiek-rare-designnEed
en-threemprehensive-map-as-being-eligible
£er-reeiassi£ieatien-irate-the-RSW
Senthwest-Eeemmnity-Residentiai-Zone;-the
RB-Medium-Sew-Bensity-Residential-Zone;
the-R14-Medium-High-Residentiai-2ene-Or
the-E-S-Highway-Eemmerciai-Zene-
Precednre- He-fee-er-hearing-required---Application
hewever;-being-required-
Zoning Districts Permitted: AP -1 RP, RR.
Conditional Standards: 1. beentien-rand-Size: The erection or
installation of multiple -family quarters
for transient agrianitnral labor as may be
permitted;-provided-the-fe}iewing
eenditiens-rare-complied-with---Brach
erection-er-instnllntien-shall-be
permitted only on farm s areas at least 20
acres in size; -rand -said -quarters -skull -be
located -net -less -than -599 -feet -f rem -any
existing dwelling -excepting -the -dwelling
e£ -the -owner -e£ -the -land.
R--Faeiiities-
a: 2. Shall comply with the -S sanitary
and health requirements of the Eity-Eennty
Health Bepartment Authority pertaining to
labor camps shall -be -complied -with.
b--Withent-regard-te-Ehe-nntnre-e£
eensErnetien;-whether-temporary-er
permanent;-the-eentianed-rase-and-operation
ef-snek-multi-femilp-gnnrters-£er
trnnsieaE-ngrienlEnrnl-Leber-shall-be
sub?eat-te-the-granting-e£-a-permit-each
year-by-the-Eennty-Building-9ffieinl-er
his -designated -representative -who; -in
granting-snek-n-permit;-shall-review-the
necessity-e€-same-in-eenneetian-with-the
permitteels-£arming-operat#ens;-the-manner
in-which-the-same-have-been-eendneted;
their-genera}-apeenranee-and-their-e£€eet;
aspen-the-snrrennding-nreas-
e--fin-granting-sneh permit;-the-Eennty
Bni�ding-9£€ieiei-er-kis-designated
representative-in-his-diseretian-may
antherize-sneh-except#ens-te-the-Bni�ding
Eede-£er-permanent-eenstrnetian-ns-he
believes-reasanabie;-proper-and-snitabie
ander-the-cirenmstanees;-provided-however;
that-any-sneh-exception-made-shaii-net-be
in-een£�iet-with-any-cede-pertaining-te
the-hea�tk-er-se£ety-e£-the-eeenpnnts;-ar
e£-the-pnb�ie-in-generei:
d--fin-ease-mabiie-heroes-er-travel-trailers
are -permitted; -the -previsions -e£ -the -Ada
Eennty-trailer-ordinance-governing-the
size-e£-individnn�-trailer-spaces-shall-be
complied -with-
3--6peratiena}-Regnirements-
a. 3. The transient agrienitural labor
ers to be housed in said quarters shall be
employed in farming operations en -the
premisesc--'Phe-word-°premises"-£er-the
pnrpese-e£-this-regairement-shni�-incinde
any -ether -£arm -lands -in -the -vicinity -owned
by -the -owners -e£ -the -premises -apes -which
the-gnnrters-are-located---Net-te-exceed-B
weeksj-empieyment-en-ether-€arm-�nnds-xiii-
be-permitted;-prier-te-er-snbsegnent-te
the-eemmeneement-er-per£armanee-e£-inber
£er-the-owner-e€-the-premises.
by 4. The housing of said transient
agrieniturai labor ers in said quarters
shall be permitted only during the season
eemmeneing-April-�-and-ending-Beeea+ber-x
specified by the applicant, and such
multiple -family quarters, mobile homes or
travel trailers shall not be occupied as
such other than during said period.
e- S. At any time it is established that
any of the multiple dwelling units, mobile
heroes-er-trnve�-trni�ers herein referred
to as -being -a -part -e£ -n -transient
agrien�tnrai-labor-camp is occupied by
other than a transient agricultural labor
ers se engaged as herein provided, then in
that -event the permit to operate or use
said labor camp shall immediately
terminate and become null and void.
Mortuaries
Zoning Districts Permitted: AP3 a }R,MAP.J RT, R11, R14, R20, C-1,
nd
Conditional Standards: 1. beaatien- �n-the-event-the-�eeatien-e£
a If the nroaosed mortuary applied -for is
to -be -a part of a proposed cemetery,
mausoleum or crematory site the
application for the -several said
conditional uses may be considered under
one application.
2. In the event it is proposed that a
mortuary be located on an existing
cemetery, mausoleum or crematory site, the
necessity of a public hearing may be
dispensed with, so long as approved
driveway approaches and drainage
facilities and parking facilities are
provided in accordance with the provisions
of Section 8-14-4 of -this -Title, as well
as any fences, hedges or screens that
might be required by the Commission.
3. Applications to locate a mortuary in
any residential zone -district, commercial
zone-distriet or any industrial zone
district shall be subject to holding a
public hearing, and to the providing
approved driveways, adegnateiy-drained;
a drainage plan, adequate parking areas,
and sufficient screening. in-aceerdanee
with-the-previsions-e£-eeetien-8-}4-4-ef
this-�itie;-and-their-erection-e£-sack
£epees;-hedges-er-screens-ns-n+ny-be
required-by-the-Eenaeissienc--Ne-mertnary
site- than- Be9-feet
te-n-deve�eped-retni�-eenunerein�-pertien
e£-n-E-i-er-E-v�-Ee�nereiai-Eene-Bistziet-
No structure shall be erected nearer to
any property line than 35 feet.
Public and quasi -public uses, classified and segregated as to use as follows
A. Public -owned buildings, such as (1)
fire stations; (2) police stations; (3)
libraries; (4) post offices; (5) public or
utility administration buildings
(exclusive of shops, garages, hospitals,
convalescent or retirement homes).
B. Recreational facilities, such as (1)
parks; (2) playgrounds; (3) swimming
pools; (4) ball parks; (5) fairgrounds;
and (6) other similar recreational
facilities, provided that any principal
building or swimming pool shall be located
not less than 100 feet from any
residential lot in any residentially zoned
district.
C. Public utility facilities including (1)
pumping stations for water, sewer or gas;
(2) power substations, electric substations,
major transmission lines or any major
structure connected to public utilities
and similar uses; (3) municipal wastewater
collection and treatment systems, or
interim wastewater treatment systems; (4)
utility shops, garages or storage
facilities except for water; and (5) water
reservoirs or water tanks.
Zoning Districts:
The specific uses listed above under
subsections A, B, and C by numbered
headings, are permitted in all zones
by
conditional use permit unless listed
as a
principal permitted use elsewhere in
this
Title or unless prohibited in the
following table:
Subsection
Heading Numbers Zones Where Prohibited
A
3, 4 and 5
M-4, M-5
B
2, 3 and 5
C-1, C-2, C-3, L -O
2 through 5
M-1, M-2, M-3, M-4, M-5, T-1
C
4
RSW, R1, R3, R8, R11, R14, R20,
C-1,
C-2, C-3, L-0
Conditional Standards: Applicable to all conditional uses listed in
subsection A, B and C and to all listed zone
districts are as follows:
1. That the applicant shall furnish evidence
that such use is necessary to service the
immediate neighborhood and is not unduly
detrimental to the character of the district or
surrounding property.
2. That applicant will provide driveway
approaches and drainage facilities subject to
the written approval of the Ada County
Engineer.
3. That applicant will provide parking and/or
loading facilities in accordance with the
provisions contained in Section 5-14-4 of this
Title.
4. That full consideration be given to the
basic purpose of the respective residential,
commercial and industrial zones as against to
what degree the proposed use shall mitigate
against such purpose, as to neighborhood
amenities, commercial patterns, the creation of
noise, odor, congestion or unsightliness.
5. The Commission may require screening,
additional setbacks, or such other conditions
as are necessary to protect development on
adjacent and surrounding properties.
Public school, parochial and private school (except where students are held
under restraint) and which offer curricula similar to public schools,
elementary, junior high and high schools
Zoning Districts Permitted: AP -1; -AP -2 RP, RR, RT, RSW, R1, R3, RS, Rll,
R14, R20.
Conditional Standards: 1. Minimum site area, standards as now
established and as they may be subsequently
established by the Idaho State Department of
Education.
2. Minimum setback requirements: front yard -
40 feet; side yard - 30 feet; rear yard - 35
feet. Structures on corner lots shall observe
the front yard setback on both streets.
3. Locations shall be determined in conformance
with the neighborhood and community plan for
Ada County.
4. No approval shall be granted for locations
abutting a designated major arterial street or
adjacent to a hazardous land use.
5. No approval shall be granted for schools
lying within Airport Influence Areas A, B, and
C. Approval of schools located outside the
Airport Influence Areas but within Approach
Zones, as defined by the Boise Airport
Commission, may be conditioned by the mandatory
dedication of avigation easements and by the
suggestion that school facility be
soundproofed, where it is determined to be
necessary. In Airport Influence Area A-1
soundproofing, as specified in Chapter 8,
Article A, shall be sufficient.
6. Applicant shall be required to provide and
maintain adequate parking facilities.
Race track;-animni-or-vehiele
Zoning Districts Permitted: AP-};-AP-2 RP, RR, RT, M-1.
Conditional Standards: 1. beeatien-and-Size- All such uses shall be a
minimum of 1/4 mile from any residential
district.
2. Minimum lot size --e shall be 25 acres.
2- 3. Facilities:
a. All such facilities shall be designed and
located with full consideration to their
proximity to adjacent uses and especially to
the reduction of such nuisance factors as
vibration, noise, glare, smoke and/or dust.
b. Applicant shall provide and maintain
suitable drinking water, washrooms and toilet
facilities far-eaeh-sex; and suitable
off-street parking facilities.
Radio or television towers and antenna
Zoning Districts Permitted: AP -1; -AP -2 RP, RR, RT, RSW, R1, R3, R8, Rll,
R14, R20, M-2, M-3.
Conditional Standards: 4--beeatien-nnd-£nei�ities-
a- 1. Any submission of an application for -a
eenditiena}-permit-£er-anp-e£-tke-abetle-uses
shall be accompanied by written evidence of
prior appreea}-o£-said-prepesa}-by application
to the Federal Communications Commission, by
the Federal Aviation Agency, by the Chief of
the Idaho Bureau of Aeronautics, and by the
Boise Airport Commission and that said proposed
development shall be in conformance with the
provisions of Chapter 8, Article A.
b- 2. No station office shall be permitted in
any residential zoned district where the
Commission deems that such development would be
detrimental to adjacent and surrounding
properties.
e- 3. The base of the tower shall not be
closer to the property lines than a distance
equal to the height of the tower.
d- 4. Applicant shall provide and maintain
suitable off-street parking facilities.
Residence, additional farm
Zoning Districts Permitted: AP -1; -AP -?T RP, RR, RT.
Conditional Standards: 1. The additional farm residence must be
justified as necessary for the farm operation.
The Commission shall make findings related to
the need for the additional farm residence as
follows:
a. Size of entire farm including all other land
used for such farm operation within the
immediate area,
b. Types of farm crops and acreage for each
type,
c. Operational requirements for the particular
farm activity,
d. The number of owners/employees/workers on
the farm permanent and seasonal, and
f. Extent and nature of the work to be
performed by occupants of the proposed
residence.
2. The property on which the residence is to be
located must be in a farm tnse and the residence
must be in conjunction with sueh-farm-use the
agricultural purposes.
3. Operation of the farm, in accordance with
normally accepted farming practices, requires
that the occupants of the proposed residence
reside on the farm.
4. All residences located on the farm, except
those permitted pursuant to temporary living
quarters fender-this-Seetien-8-}5-3j are
occupied by households that perform a
substantial amount of farm work throughout the
farm year.
5. The persons residing in the proposed
residence will perform a substantial amount of
farm work throughout the year that other
households on the farm cannot accomplish.
6. If the proposed residence is a permanent
dwelling, the occupants must have a proprietary
interest in the farm or that it is evident
that the long-term requirements of the farm
operation justify another permanent residence.
7. The location of the additional farm
residence must be on an existing or previously
abandoned farmstead or on land determined
unsuitable for agricultural purposes 7-as
identi€ied-by-criteria-ander-Residence;
Nen-Fera-e£-this-Seetien. If such alternatives
are not available, the additional farm
residence should be located adjacent to the
existing farmstead or primary farm residence.
8---�£-any-ndditienn}-£era-residence-hes-been
se}d-£er-nen-£arm-pnrpeses7-ne-additienn}-£arm
residences-she}�-be-a}}eaed-£er-the-£nra-
9:--�£-the-ndditiena}-£era-residence-is-e
permanent-dwe}}ing;-it-aey-be-n}}ewed-te-}eente
en-end-i£-se-aha}�-be-eensidered-es-n-enc-acre
}et-split-setb3eet-te-tke-regnireaents-e£
Sectien-B-4A-67-ene-Aere-hetfs3-e£-this-Ritie-
Residence7-£arms-3:ess-than-49-acres
Saning-Bistriets-?erttt4ttedt---AP-�-
Eenditiona}-Standards- }--khat-khe-paree}-en-which-the-farm-residence
is-ko-be-ideated-is-in- £arm-nse-as-a-forming
operation-prier-te-the-regnesk-£er-the-£arm
residence-
�--khat-i€-khe-paree}-en-which-the-farm
residenee-is-to-be-}seated-was-created-bq-the
dieisian-e£-e-larger-paree}-e£-ngrien}tarn}
land;-that-nil-percale-created-by-sneh
dieisien-camp}y-with-khe-fo}sewing-
a--Ai}-parcels-ere-in-£arm-nse-
b--khat-the-£arm-nse-ef-nil-parcels-are
snbstankia}}y-siM}}er-te-the-eeatinnatien-e£
the-existing-agrieniknra}-eperakians-ef-that
pnrtieniar-area-based-en--snrrennding-£arm
sizes;-snrrennding-crap-ar-iieesteek
prednetien;-type-e£-existing-farm-eperntiens
and-eempiienee-with-the-intent-ef-the-Rnrni
Area-Seetian-e£-khe-Eemprehensiee-Pien-
3c-khat-the-parcel-and-€arm-residenee-complies
wikh-the-app}ienbie-predisiens-e£-this-Seetien
£er-Addikionei-Pnrm-Residence-Tice-;-khe-paree}
can-be-preeed-to-be-n-farming-eperatien-and-the
residenee-is-necessary-€er-the-eperatien-ef
sneh-£nrmj-
4--That-a-meximnm-ef-R-farm-residenees-map-be
n}iewed-en- Such -parcels -except-fer-those
s}}awed-as-temporary-�iaing-gnnrtersc
5--Pareeis-nppreaed-£er-£arm-residences-threngh
these-prerisians-shall-be-eensidered-late-and
exempt -£rem -minimum -let -size -requirements -e£
the-AP-}-Sone-
Residence-,-nen-£Arm
Bening-Histrieks-Permikted- AP-�-
Eenditional-Stnndnrdse }--the-prepesed-nen-farm-residenee-shat}-be
situated-en-land-determined-nnsniteble-£ar-£n--m
nse-meeting-ane-ef-the-£ellewing-d-steadardse
ac-the-}and-is-dekermined-nentillable-Esee
de£inikienjc
b--the-innd-is-determined-innpprepriate-£er
farm-ase-due-te-ex#sting-nen-£arm-dovelepment
areand-the-property---An-evnluntien-ef-the
fel}awing-criteria-sheii-be-made-by-the
eemmissien-in-determining-the-extent-of
axis ting- men- farm-develepment-surrounding-such
}and---Specific-findings-shaii-be-made-far-each
criteria-and-a-deeisien-outcome-e£-mere-thnn-39
paints -must -be -made -in -approving -a -puree} -es
inapprepriate-for- £arm -use-
}r-Pereentnge-e£-nen-£nrm-dovelepment
within-lf4-mile-of-site-
Percentage -------------------- Paints
75-iee%----------------------- 7-19
Se ---456----------------------4--7
Net-nl}awed--}ass-than-d56---- 1--4
2--Pereentnge-e£-nen-fnrm-dove}epment-nd?neem
to -site-
Pereentnge-------------------- points
75-1996-----------------------5-19
59---456----------------------1--5
Het-a}}owed---less-than-566
e--Site-O£-aite?
Size Paints
19--5-acres-------------------�-le
29-19-aeres-------------------4--�
49-2e-neres-------------------1--4
Net-n}lowed---granter-thnn-46-nares
4c-Avernge-density-e£-nen£nrm-deveiepment
ad3neent-te-site-
Bensity----------------------- Paints
}-dcuc{5-1-nares-------------- 7-1e
1-d-avf18-5-acres------------- 4--7
1-dcu-fd9-19-ncres------------1--4
Net-a}leveed---lower-than-1-d uT:26-acres
5--Adverse-impacts-e£-the-proposed-ase-e£-the
site-te-ndjaeent-properties-
}menet------------------------ peirits
Nene -------------------------- }@
Seme-adverse------------------ '-}9
Signif}eant-adverse----------- 1-5
Major-adverse ----------------- Net-e}}owed
R--Phe- mon- farm-res idence-wi}}-be-consistent
with-the-density-pe}ivy-ef-the-Rnrn}-Aron
Seetien-e£-the-Ada-Eennty-Eentpzehensitle-F}an-
n--Fer-}and-determined-nenti}}ab}e;-the-etlern}}
density-shn}}-net-exceed-}-d-n-f�zB-acres:--phis
density-standard-shn}}-eensidez-a}}-}ets
created-threngh-the-previsions-for-one-acre-}et
splits-
b--Fer-}and-determined-}nnppreprinte-£ez-farm
ase-dna-te-snrrennding-nen-farm-dove}epment;
the-minimcun-}et-size-£er-snbdivisien-pnrpeses
shn}}-net-be-smn}}er-than-any-eentignens
nen-£arm-}et-and-shn}}-Weser-be-smn}}er-than-5
acres-
ec-band-dove}aped-ander-these-previsions-shn}}
eemp}q-with-the-snbditlisien-zegnirements-ef
Ehapter-}8-
3--the-Wert-£arm-residence-mast-be-eompatib}e
with-ndjaeent-£arm-uses-and-mast-net-interfere
seriens}y-aitk-farming-prnetiees-en-ndjaeent
}and-
4--The-nen-farm-residenee-ska}}-met-materia}}y
a}ter-the-stnbi}ity-e£-the-overs}}_}andnse
pattern-ef-the-area-
5--the-nen-£arm-residence-shn}}-net-ezente-the
need-£er-new-pub}ie-services-er-ennse-pub}ie
service-vests-te-signi£iennt}q-inerense-the
fe}}owing-
a--Schee}s-and-sehee}-buses-
b--Fttb}iefpritlnte-nti}it}es;
e--?ranspertntienfrend-impretlements;
d--PtiS}}e-safety-services-tine}nding-£ire
preteetien;-}nw-en£ereeenent-and-RHSj-
6--the-nen-£arm-residence-shn}}-not-adeerse}Y
impact-physien}-and-natnrn}-eharseteristies-e£
the-eneireeutent-and-shn}}-eemp}p-with-e}}
app}ienb}e-rega}atiens-e€-this-fit}e-
y--the-nen-£nrm-residence-shn}}-haee-access-nnd
P88-€eet-frontage-en-nn-existing-maintained
pub}ie-rend---bet-depth-shn}}-net-exceed-4
times-the-£rentnge-
8--the-non-farm-resideneefpnree}-sha}}-eemp}y
with-the-Rnra}-Area-Seetien-ef-the-Ada-Eennty
Eemprekensiee-P}an-
9--Psree}s-nppreved-€er-nen-fan+-residences
threetgh-these-standards-sha}}-be-eensidered
}ets-and-exempt-€ren+-the-minimum-}et-sine
requirements-e€-the-AP-�-Sene---Sack-lets-shn}}
be-sabdieided-nnd-p}acted-in-neeerdnnee-with
Ekapter-}e-e£-this-fit}e-
Recreational vehicle parks
Zoninc Districts Permitted: RP, RR, RT
Conditional Standards: 1. Minimum park area shall be twenty (20)
acres.
3. Spaces for occupancy uses permitted and
length of stay:
a. Spaces may be used by travel trailers,
equivalent facilities constructed in or on
automotive vehicles, tents, or other short-term
housing or shelter arrangements or devices.
b. Soaces shall be a minimum size of 1500
square feet.
c. Soaces shall be rented by the day only, and
occupant of such space shall remain not more
than fourteen (14) days.
a. Such establishments and the parking areas
primarily related to their operations shall not
occupy more than five (5) percent of the park
area.
b. Such establishments shall be restricted in
their use to occupants of the park.
c. Such establishments shall present no visible
evidence of their commercial character which
would attract customers other than occupants of
the park.
d. The structures housing such facilities shall
not be located closer than one hundred (100)
feet to anv public street and shall not be
directly accessible from any public street, but
shall be accessible only from a street within a
park.
occupancy space.
7. Recreation Facilities. A minimum of fortv
per cent (40%) of the gross site area shall be
set aside and developed as comm use areas for
open or enclosed recreation facilities. No
occupancy space, required buffer strip, street
right-of-wav, storage area, or utility site
9. Other Regulations to Be Met. All other
applicable regulations of the State of Idaho
and Ada County shall be met, particularly, but
not limited to, sanitary and safetv facilities.
Sanitary landfills and -garbage -damps
Zoning Districts Permitted: AP -17 -AP -2 RP, RR, RT, M-1.
Conditional Standards: t--beeatien-and-Sire--the-proposed-site-aha}}
be-in-aeeerdanee-with-tke-eemprehensive-p}nn
and-she}�-be-se-}eeated-as-te-minimise
detriatentni-e£feets-en-ndjaeent-and-snrrenndinq
property-
1. Minimum lot size -t shall be 10 acres _
P--Foci}idea--the-Eemmissien-n+ny-attack
aneh-conditions-which-it-deems-neeeasarr-te
protect-the-petb}ic-hen}tk-and-we}£nre-and
mitignte-adverse-e££eets-en-sttrrennding
property -
37 2. Operation.
a--Phe-owner-ar-eperater-e£-sneh-xse-aha}}-have
a-eentinxing-ab}igntien-te-prevent- the- ereatien
af-a-naisaaee-
be a. A bond adequate to insure compliance
with the provisions of the permit may be
required.
e- b. The Commission may specify definite time
limits for daily operation and for termination
of such use.
d- c. All provision of the Ada County Garbage
end-Refuse-erdinanee- Code pertaining to
designation, licensing, and maintenance of
sanitary landfills and disposal sites shall be
complied with.
1See-title-S;-Ehapter-P-e£-the-Ada-Benntp-Eede-
Shooting ranges;-inelnd3ng-shetgnns; p3ste�s-and-rif}es
Zoning Districts Permitted: AP -I RP, RR, M-2.
Conditional Standards: 1. beeatien-and-Size.- Shall be designed and
located with full consideration to their
proximity to residential districts and
especially to safety and noise factors involved
in the type of use.
2. Faeilities- The applicant shall provide and
maintain suitable off-street parking
facilities.
Tavern or beer parlor
Zoning Districts Permitted: C-1, C-2, C-3.
Conditional Standards: 1. Applicant shall submit evidence to the
Commission that applicant is able and willing
to comply with all of the provisions contained
in the Ada County Code related to the
on -premise sale and dispensing of beer.
2. Applicant shall provide and maintain
suitable washroom and toilet facilities.
3. Applicant shall provide and maintain
suitable off-street parking facilities.
Theaters, drive-in
Zoning Districts Permitted: AP -2 RT, M-1, M-2.
Conditional Standards: 1. beeatien-and-Size-Minimum setback from any
major street --v shall be 50 feet.
2. Minimum lot size- shall be 5 acres.
?- 3. Facilities.
a. The development of driveway approaches
including access and egress points, and surface
drainage facilities shall be installed by the
applicant subject to approval by the County
Engineer for property fronting County roads and
the State District Highway Engineer for such
properties fronting State or Federal highways.
b. The applicant shall provide and maintain
suitable facilities for providing potable
drinking water, and shall provide and maintain
suitable washroom and toilet facilities for
beth -sexes.
c. A sight -obscuring fence may be required
where the proposed use abuts any lot in a
residential zone.
dT- The- eenunissien-mny-nttaeh-sueh-additienal
eonditiens-as-it-£finds-necessary-te-preteet
ad3neent-preperty-
Truck stop
Zoning Districts Permitted: AP -1 RP, RR, C-3, M -4-f inside-inner-Appreneh
Sones] and M-5.
Conditional Standards: 1. Facilities with accessory uses including
office, restaurant and convenience retail, must
be located only at an intersection of a Federal
Interstate highway with existing on and off
ramps.
2. Shall be reviewed and evaluated as to
impacts on: (a) traffic flow, (b) adjacent land
uses, (c) environmental concerns, (d) visual
values, (e) uniqueness of activity in relation
to site.
3. Accessory sleeping quarters for truck
drivers may be allowed, provided:
a. Public safety services are available,
such as fire protection, highway access,
etc.
b. The truck stop has been designated a
"safe -haven" facility by the Board for
trucks transporting hazardous materials.
Section 8-16-5B5 (Planning and Zoning Commission Jurisdiction and Authority -
Duties) - To be amended as follows:
5. Receive and Act Upon Applications Requiring Recommendations to the
Board: Upon the receipt of applications as herein specified, the
Commission shall process same and submit its findings, determinations
and recommendations to the Board pertaining to said applications in
accordance with the standards, rules and procedures provided in this
Title. The applications specifically referred to in this subsection
include, but are not limited to, applications to:
a. Amend the duly adopted boundaries of the comprehensive plan
map, or the zoning map, for any land regulated by this Title and make
the findings listedin Section 8-18-9B 1 through 6.
b. Secure a planned development permit and/or a subdivision
approval.
c. Interpret boundaries of a duly adopted zoning map.
d. Vacate an existing subdivision, right of way, or easement.
e. Amend the comprehensive plan text.
Section 8-18-9 (Board Procedures Jurisdiction and Authority - Rezones) - To
be added as follows:
8-18-9: REZONES:
A.
M
1. Complies with the Ada County Comprehensive Plant
2. complies with the provisions outlined for the zone specificallY
the purpose statement;_
3.
4.
5.
m
ADOPTED THIS 4th DAY OF December , 1989.
BO OF COUNTY COMMISSIONERS
Vernon L. BiSterfeldt, C airman
Michiel L Jo son, Commissioner
udy VPeavey, Commission
ATTEST.
EXHIBIT "A"
.�
R'w; ORDINANCE 212: AGRICULTURAL REZONES
R.:E. 1 AP -1 TO RP
® AP -1 TO RR
.• a AP-I/AP-2 TO RTS
*PROPERTIES OUTSIDE CITY LIMITS
:Ncr'vau__r..ia ..� INSIDE AREAS OF CITY IMPACT.
•`R.JE
z
... \
R.3E.
'w
RESOLUTION NO. 528
BOARD OF ADA COUNTY COMMISSIONERS
STATEMENT OF FINDINGS AND RESOLUTION
ON ADA COUNTY COMPREHENSIVE PLAN
AMENDMENTS
In accordance with Ada County Code Section 8-18-3 the Board of Ada County
Commissioners may review and consider amendments to the Comprehensive Plan.
The subjects of the amendments under consideration are Section 6.0 Rural
Areas and Section 20.0 Airport Influence Areas.
Area of Applicability
The Rural Areas section currently applies to all land in the county outside
the Urban Service Planning Areas of Meridian and Boise and outside all Areas
of City Impact. This proposal would amend the area of applicability to that
land outside all areas of city impact. The Airport Influence Areas
currently consist of 5 zones each located at varying distances from the
Boise Air Terminal. This proposal would add a sixth zone, furthest from the
Terminal, which will extend in all directions around the existing Airport
Influence Areas.
Background
The amendments to the Rural Area Section, which also necessitate amendments
to Comprehensive Plan Sections 2.0 Future Growth and 7.0 Residential, were
prepared by the Development Services Department at the request of the Board
of Ada County Commissioners and the Planning and Zoning Commission. The
initial concerns were that the section was outdated and was not reflective
of current development interests. They suggested amending the plan so that
smaller lot sizes would be permissible in the Rural Areas. Based on this
request, staff analyzed and compiled available information related to the
Rural Areas in Ada County. The background report that was prepared has been
duly reviewed and considered by the Board of Ada County Commissioners and
the Planning and Zoning Commission.
The amendments to the Airport Influence Areas section were prepared at the
request of the Boise Air Terminal administration. During the course of the
County's hearings on the Southwest Community Comprehensive Plan, the Idaho
Air National Guard and the Boise Air Terminal administration expressed some
concern related to sound impacts on residential properties. They prepared,
in conjunction with the FAR Part 150 Noise Mitigation Study, a proposal to
expand the Airport Influence Areas. Accordingly the proposed amendment
provides for a new zone identified as Area A-1. This zone is the furthest
from the airport and will require soundproofing for residential
construction. The other amendments of this section provide additional
definitions and clarify existing language.
Public Hearings
On May 26, 1988, the Planning and Zoning Commission conducted a public
hearing regarding amendments to the Ada County Comprehensive Plan
amendments. A draft of the amendments was distributed for comment to all
interested agencies and individuals. A legal notice (published in the
Statesman May 9 and 15) and a public service announcement were issued.
At the hearing, staff presented a report and extensive public testimony was
taken. Based on the concerns raised by the public, the Commission requested
that an additional public meeting be held on June 9 to further discuss
amendments to the draft, and that the public hearing resume on June 23.
Prior to the June 23, hearing a letter notifying all interested agencies and
individuals was distributed informing them of the availability of a new
draft. At the June 23 hearing, a brief staff report was presented and more
public testimony was taken. The Commission expressed general approval of
the new draft; however, as substantive changes had been made to the original
proposal, a new legal notice was required.
A letter was distributed notifying all interested agencies and individuals
of the new draft. A new legal notice (published in the Statesman July 25
and 31) and public service announcements were also issued. On August 11, the
Commission held another public hearing on this matter. At the hearing a
brief staff report was given and more public testimony was taken. The
Commission voted to recommend approval of the amendments to the Board as
presented.
On September 8, the Board of Ada County Commissioners conducted a public
hearing regarding these amendments. A legal notice (published in the
Statesman August 22 and 28) and public service announcement were issued. A
letter was sent to all interested agencies and individuals informing them of
the hearing time, the Commission recommendation and the availability of
copies of the proposal. The staff report included all written testimony
received to date as well as the draft amendments and the aforementioned
Rural Areas background report. Public testimony was taken and the hearing
was closed.
Findings and Resolution
WHEREAS, the Board of Ada County Commissioners has thoroughly examined
the proposed amendments to the Ada County Comprehensive Plan prepared in an
effort to update the goals, objectives and policies to reflect current
development interests; and,
WHEREAS, the Board of Ada County Commissioners finds that the future
growth policies must continue to encourage development within areas of city
impact but that current comprehensive plan language is too restrictive on
Rural Area growth; and,
WHEREAS, the Board of County Commissioners finds that the Rural Areas
deserve continued study to define distinct planning areas which may require
unique development policies based on local land use characteristics; and,
WHEREAS, the Board of Ada County Commissioners finds that agriculture,
while diminishing slightly in viability in the County, relative to elsewhere
in the State, is still an important segment of the County's economy and
quality of life; and,
WHEREAS, the Board of Ada County Commissioners finds that Ada County
has not been in a position to guide or promote state legislation regarding
preservation of agricultural land; and,
WHEREAS, the Board of Ada County Commissioners finds that agricultural
uses should be protected from other incompatible uses; and,
WHEREAS, the Board of Ada County Commissioners finds that a distinction
should be made between prime agricultural land and land which is less
suitable for agriculture since current plan language inappropriately groups
together lands with widely divergent agricultural characteristics; and,
WHEREAS, the Board of Ada County Commissioners finds that this plan
should provide ample flexibility for farmers to utilize their land in an
economical and practical manner; and,
WHEREAS, the Board of Ada County Commissioners finds that non-farm
development, which may include limited residential development, may be
appropriate in rural areas with distinct topographical elements or other
environmental restrictions to agricultural use; and,
WHEREAS, the Board of Ada County Commissioners finds that non-farm
development of a large scale should utilize innovative site planning, which
preserves a rural environment; and,
WHEREAS, the Board of Ada County Commissioners finds that areas which
do not have adequate services, particularly fire protection, should remain
in large acreages; and,
WHEREAS, the Board of Ada County Commissioners finds that prime
agricultural land, natural resource and open space areas, identified
Wildlife Management Areas and Boise Front Foothills, should be preserved;
and,
WHEREAS, the Board of Ada County Commissioners finds that the Airport
Influence Areas should be expanded to protect residential properties which
might undergo sound impacts related to Boise Air Terminal and Gowen Field;
and,
WHEREAS, the Board of Ada County Commissioners has considered all
written and oral testimony, staff reports, maps and exhibits, and concludes
that the proposed amendments will protect the public health, safety, and
welfare;
NOW THEREFORE, be it resolved by the Board of Ada County Commissioners
as follows:
1. The Board of Ada County Commissioners hereby adopts the proposed
amendments to the Ada County Comprehensive Plan - Section 2.0 Future Growth,
Section 6.0 Rural Areas, Section 7.0 Residential, Section 20.0 Airport
Influence Areas - attached hereto as Exhibit "A" and made a part hereof on
reference.
2. The Board of Ada County Commissioners does hereby adopt the new
Airport Influence Areas map which appears more fully by reference to Exhibit
"B" attached hereto by reference and made a part hereof.
DATED THIS
24th DAY OF October 1988 IN BOISE,
IDAHO.
BOARD OF COUNTY COMMISSIONERS
Mi6fi#1 L. ohn C{tairman
EXHIBIT A
6.0 RURAL AREAS
Definitions shall be added as follows:
DEFINITIONS•
For
W,
Farm - A aarcel of land used for agricultural purposes, primaril
the rais
to
access to
- Land
uses
istics
and
Introduction shall be amended as follows:
}NTReBHET16Ne PURPOSE AND INTENT:
Agruea}Fare-us-e-}eadung-industry-in-Adn-Eeanty1s-eeeneny;
yie}ding-near}y--$58-m#}}ien-un-grecs-revenue-annnn}}y-€rem-e reps
and-}ides€eek-{}9�8-Ag--Eensasjv--�h#s-makes-the-Eeantq-the-nunth
}argent-€arn-revenge-eennty-un-£dohs.---thus;-p}as-the-tremendeas
diversitq-e£-erep-nrtd-}fives€ask-hypes-predneing-such-revenge;
makes-agruen}tare-e-dominant-€gest-e€-the-rnrn}-area-in-Ade
Eeantyc
A-dependence-en-agruea}£ora}-}and-ns-e-researee-makes-£arming
lens#five-te-the-e££eets-a£-}nnd-ase-ehnnge-and-intensutp---the
divasien-e£-}nnd-ince-sue}}-paree�s-nnd-the-presence-e€-nen-€arm
aetuvities-can-drastiea}}q-n£€set-£arm-eperatiens--here€ere;-te
achieve-the-gea}-e£-preserving-the--agriea}turn}-}and;-Ren-£arm
activities-in-the-rnra}-areas-e£-Ada-Eennty-nnst-be-care€n}}y
revieaed-and-strict}y-}united-te-areas-naay-£rem--agriea}tura}
aetivities-
outlying areas.
Inside fire fire protection districts and outside areas of city impact,
ted
agricultural purposes. it-is-further-neeessary-to-maximize-the
eppartnnities-€er-agrien}kora}-nekivities-in-the-rural-area-as-a
means-e€-providing-incentives-ter-€armors-te-eentinue-te-ase-their
}and-€er-agrien}tura}-pnrpases- Plans -must This plan should
provide ample flexibility to for farmers to operate their farms
in an economical and practical manner; . However; planning -must
a}so-prevent-the-abuse-a€-regn}atians-intended-te-imp}ement-the
goal-o£-preserving-ngrien}tnral-land.---Phns; the-€lexibilitq
a}}awed-ke-agrien}kurnl-aetiv#ties-within-this-plan-is-net
intended-te-permit-subdivision-er-use-e€-agrien}kora}_}and-which
is--contrary-te-the-goal-e£-preserving-it-While smaller farms may
now be appropriate farming is sensitive to the effects of land
„GP nhanne and intensity. The division of prime agricultural land
to
the-preservation-c£-agrieniknral-land-has-the-seeendary-benefit-e€
eenserving-the-nntnral-resenrees-thnk-nre-an-asset-te-the
physical;-social-and-economic-gnaliky-e£-lite-in-Ada-Eeanty:
Chas;-public-snppert-£er-agrienitnrn}-preservakien-eemes-net-enlq
€rem-the-€arm-eammunity-but-nlse-£rem-eiky-residents-who-en3ey-the
naknral-open-space-and-entdeer-emenities-e€-the-rural-area:
The- rural-area-seetien-e€-the-Ada-Eeanty-eamprehensive-Plan
-provides-guidelines ter-variens-leve}cement-pnrpesese
-Standards-ter-protecting-the-gravitq-flew-irrigation-system
-are-established-as-n-means-e€-preserving-an-inexpensive;
-energy-e£€ieienk-venter-supple-€er-present-nnd-€ntnre-€nrm
-Regulations-e£-€arm-eenskrnetien-are-minimized-as-an
-incentive-te-a}low-€arm-operations-ta--€unction-in-a-viable
eeenemiea}-manner-
-Additions}-€arm-residences-€er-€arm-workers-and-immediate
-re}skives-are-allowed-to-eneenrage-the-eenkinnakien-e€
-€amity-€arms-
-Park-kime-€arming-is-permikked-as-an-npprepriate-ase-e€
-agrien}tura}-}and-and-aeeesserp-aekivities-te-such-€arming
-meq-also-be-a}lewed-
-Agrieniturn}}q_related-indnskries-that-are-nek-eempatib}e
-with-urban-service-planning-areas-may-else-be-a}}awed:
-Nen-€arm-res#dentin}-development-en-lend-unsuitab}e-€ar
-ngrieniture-may-be-allewed-a€ter-Care€ni-consideration-e€
-its-impacts-en-agrieultare}-activities;-public-services-and
-the-tura}-enviranmenkc
Agrieu}tare-is-recognized-as-the-primary-use-o€-the-rnra}-area-
�he-policies-and-objectives-e€-the-£irsk-three-gee}s-o€-this-plan
have-prierikq-ever-6ea}-4;-pertnining-te-nen-€arm-residentin}
deve}epment:--'Phos; n N on-farm development should only be
approved when it will not adversely impact the agricultural
activities adjacent -to -icor the use of prime agricultural land.
Han -farm -r Residential development is limited -to densities -that
will protect-agrien}tare-€rem-adverse-impaeks- 'Phis -development
will-also-be-restrieted-to-}et-sizes-that will should allow
opportunities for hobby farming, extensive gardening, raising of
domestic livestock, open space or other activities normally
associated with a rural environment. In-no-instanee-wi}l-urban
type-deve}epment-with-multiple-let small-pnreeled
subdivisions be-al}owed-in-the-rural-area..
Ada-EeuntY-recognized-in-this-plan-thak-ether-means-are-avai}able
te-preserve-ngrieultnra}-}and-and-eneeurnge-ngrieu}para}
activities-that-da-not-pertain-te-planning-nnd-zoning-regu}nkiens-
'Phese-menus-include-pre€erenkia}-tax-assessment;-right-to-€arm
legislation-er-other-incentives-that-would-require-5tnke-action-ta
implement.---the-Eaunkq-believes-ik-is-impertnnk-ke-preserve
agrien}tnral-land-and-w#}l-supperk-State-}egislatien-implementing
these-ideas-
l
intent-Hn}ess-speei€fico}}q-overridden-by-another-prevision-e€-this
p}an;-this-seetien-applies-to-e}}-dove}apment-entside-nrbnn
service-p}arming-areas--fin-interpreting-the-gee};-ab3eetide-and
pe}ieq-statements-a€-this-section;-the-intent-e€-this-intrednetian
sha}}-be-eansidered-€ar-reviewing-n}}-dove}apment-app}ieaEiems-
Agrien}taro}-handfFarm--Fer-pnrpeses-e€-imp}ementing-the-rare}
area-seetien-af-the-eemprehensive-p}an;-agriea}tura}-}and-she}}-be
de€fined-as-reg}-property-need-for-crops-er-}ivestaek comprising-nt
}east-twenty-eantignans-acres;-a}}-e£-which-is-he}d-ander-s-sing}e
ownership Paree}s-sma}}er-than-twenty-aeres-may-be-eansidered
agriealtnra}-}and-if-it-enn-be-e}early-demonstrated-that-the-}and
wi}}-be-need-€ar-e-Hieb}a-intensive-eammereia}-agriea}taro}
pnrpase;-sneh-as-€eed-}ets;-dairy-£arms;-egg farms-er-ether
simi}ar-type-sses-
GOAL 6.1: PROTECT GRAVITY -FLOW IRRIGATION SYSTEMS
Objectives shall be amended as follows:
6.1-1 OBJECTIVES (related to the protection of gravity -flow_
irrigation systems):
6c}-1 6.1-1.1: Assure continued delivery of irrigation water to
all land now under such a system by protecting irrigation canals,
laterals and ditches.
671-2 6.1-1.2 : Assure protection of the irrigation system as a
long-range economical method for water delivery.
671-3 6.1-1.3: Eeerdinate Assure compatibility of surface water
drainage and irrigation system s to-be-eempatib}e-with-irrigatien
systems.
Policies shall be amended as follows:
6.1-2 POLICIES (related to the protection of gravity -flow
irrigation systems):
6-1-1-1 6.1-2.1: All development currently served by a
gravity -flow irrigation system must retain irrigation capabilities
and water rights to the land unless such development is exempted
by the appropriate irrigation authority.
6-i-2-} 6.1-2.2: Development shall not be allowed to disrupt or
destroy irrigation canals, ditches, laterals and rights-of-way.
6:1-P-2 6.1-2.3: Modifications shall not be allowed without
written approval of the irrigation authority and/or landowners
affected.
671-273 6.1-2.4: Development of -S standards for placing the
irrigation system underground shall be developed encouraged.
6:1-3:1 6.1-2.5: Development of -S standards appropriate to the
individual irrigation district for inclusion or exclusion of
surface water drainage to the irrigation system shall be developed
encouraged.
671-372 6.1-2.6: Drainage from new development shall not cause
negative impacts to the gravity -flow irrigation system. Natural
drainage systems, on-site retention of drainage or other
alternatives are encouraged.
671-373 6.1-2.7: Responsibility for the costs of maintaining a
drainage system should be established.
6.2 : Goal shall be amended as follows:
GOAL 6.2 PRESERVE PRIME AGRICULTURAL LAND
Objectives shall be amended as follows:
6.2-1 OBJECTIVES (related to the preservation of prime
agricultural land):
672-1 6.2-1.1: Retain a maximum amount of prime agricultural land
for farm use.
6.-3-2 6.2-1.2: Protect agricultural activities from land use
conflicts or undue interference created by residential, commercial
or industrial development.
Policies shall be amended as follows:
6.2-2 POLICIES _(related to the preservation of prime agricultural
land):
672-171 6.2-2.1: Establish agricultural -preservation zoning
standards that protect the long term use of prime agricultural
land by -encouraging -agricultural -activity -chile -restricting
nen-farm-development.
6-�-1-�---For-£arm-development-parpeses;-subdivision-ef
agricultural -land -may -be -permitted -i£ -such -division -is -necessary
€er-farm-eenstruetion-parpeses-as-identified-in-6bjeetive-6-3-1;
heaever;--such-division-shall-not-adversely-impact-the-farm
operatien-
672-271 6.2-2.2: Nan -farm -d Development shall only be approved if
it can be clearly demonstrated that such development will occur
without serious detrimental impacts en -adjacent to agricultural
land uses in -the -rural -area.
672-272 6.2-2.3: All non-farm development occurring adjacent to
agricultural land shall be required to install t and provide for
continued maintenance of t fences or other appropriate barriers to
prevent intrusion of people and/or domestic animals onto
agricultural land.
6-2-2-3 6.2-2.4: Dust, noise and odors normally associated with
agricultural pursuits are considered acceptable in the rural area.
Adjacent non-farm development should not limit normal agricultural
pursuits.
Goal 6.3 shall be amended as follows:
GOAL 6.3: MAXIMIZE OPPORTUNITIES FOR AGRICULTURAL ACTIVITIES
Objectives shall be amended as follows:
6.3-1 OBJECTIVES
6.-3-1 6.3-1.1: Allow adequate for housing eenstruetien to meet
the needs of farm families and farm workers.
673-2 6.3-1.2: Minimize regulations governing Allow
nen-residential farm related activities and construction to-eeeur
with -minimal -development -requirements.
6:3-3 6.3-1.3: Provide for part-time farming.
6-3-4 6.3-1.4: Allow -A- agricultural industries may -be -permitted
providing-sneh-uses-are related to the production L and processing
, and sale of food and fiber and-are-industries-net-eempatib}e
within-existing-eity-urban-Serviee-Planning-Areas.
Policies shall be amended as follows:
6.3-2 POLICIES
6-3-1-1 6.3-2.1: Agrieu}tura}-}and-in-puree}s-£erty-49-acres-er
larger-shall-be-n}}owed-an-in}tin}-£arm-residence-as-a-permitted
ase-and-a-one-acre-let-sp}it-with-£arm-residence-£er-each-f46;
acres-under-the-snore-ewnership-np-ta-n-miximntn-e£-three-erte-sere
lets. Additional farm residences may also shall be allowed only
. _I _ _ _ .., e... a; ....at; nnwry review or conditional
use
6:3-}-2e-Agrieu}tarn}_}and-in-parcels-smaller-than-4B--acres-may
be-s}leered-a-maximum-c£-tae-f2j-£arm-residences-anlp-through
eenditienn}-ase-preeednres-
6-3-}73 6.3-2.2: Farm residences should be located an -existing
€nrmsteads-err-on-}and-whieh-is-nnsuitnb}e-£er-agrien}tare;
however;-£arm-residenees-may-be-al}awed-en-agrieu}tnral-}and-when
sneh-alternatives-are-net-avai}able where they will have the least
impact on agricultural pursuits.
6-3-I-4 6.3-2.3: -A- Establish criteria for farm residence s may
only-be-eensidered-as-e-home for farmers, immediate relatives or
farm workers and-net-€er-previding-e-nen-£arm-residence-an
agricultural -}and.
673-2-} 6.3-2.4: Development requirements for farm related
activities and construction should net -apply -to be minimized,
however such regulations should provide for nen--residential-farm
aetivities-er-construetien provided the public's general health,
safety and welfare of-the-public-is-preteeted.
6:3-371 6.3-2.5: Recognize P part-time farming should -be
recognized as an appropriate and acceptable use of smaller parcels
of agricultural land.
6:3-3:2 6.3-2.6: Nen-farm-a Activities in conjunction with a farm
which provide additional income to the farm operation may be
allowed through conditional use procedures, provided undue adverse
impacts to adjacent properties and agricultural activities do not
occur.
6:3-4-1 6.3-2.7: Allow Encourage only agriculturally related
industries or industries which de -net -£it -irate -existing -urban
serviee-planning-areas due to incompatibility or excessive space
requirements to cannot reasonably locate elsewhere, to locate in
the rural areas on land unsuitable-for-agrieu}tore not classified
as prime agricultural land, unless it qualifies as a non-farm
development.
673-4-2 6.3-2.8: Schools, churches and other public and
quasi -public uses, and utility uses of state-wide/regional
significance, may be permitted in the rural areas provided such
uses primarily serve the needs of the rural community;-er-utility'
uses-af-state-widefregienn}-significance. Such uses should be
land. Recreational uses with excessive space requirements and
which are compatible with agriculture may also be permitted on
land ansa#tab}e-for-agrien}tare- not classified as prime
agricultural land.
6.4 Goal shall be amended as follows:
GOAL 6.4: ALLOW LIMITED NON-FARM residential DEVELOPMENT on -land
which -is -net suitable-for-agriea}tare
objectives shall be amended as follows:
6.4-1 OBJECTIVES (related to allowing limited non-farm
development):
674-1 6.4-1.1: Non-farm residential development may -only should
be permitted encouraged to locate on land which is unsuitable -for
agriculture not prime agricultural land.
6-4-2 6.4-1.2: Densities and lot sizes for non-farm residential
development shall be regulated to only allow development which is
of a rural character and is normally -considered appropriate to in a
rural environmentcharacter.
674-3 6.4-1.3: Non-farm residential development in the rural area
shall should not adversely -impact cause serious detrimental
impacts to agriculture agricultural land uses or cause other
674-4 6.4-1.4: Non-farm residential development shall not cause
excessive-adverse-impacts-te require excessive expansion of public
services nor-the-envirenment.
61A
6.4-1.6:
to
Policies shall be amended as follows:
6.4-2 POLICIES (related to allowing limited non-farm
development):
674-1:1 6.4-2.1: Non-farm residential uses map -be -permitted
should be encouraged on nen-tillable land where the cultivation of
crops is made impassible -by impractical due to extremely shallow`
soils, rock outcrops or excessive hillside slope; -as -determined -by
current -information.
674-}:2 6.4-2.2: Non-farm residential uses may -alae -be -permitted
should be encouraged in the rural area on land inappropriate for
agricultural use due to impacts-ef surrounding non-farm
development. the-fel}owing-criteria-shall-be-need-te-determine
whether-hand-is-irtneereeriate-£er-narien}tarn}-ase-.
e----Percentage-a€-existing-nen-€arm-development-aithin-ane
quarter-{}f4j-mile-e€-site-
b:---Percentage-e€-existing-nen-€arm-dellelepment;-eentignens
to-site-
d----Bensitq-e€-existing-nen-£arm-residential-development
adjacent-to-site-
ec---�mpaets-o€-proposed-use-o£-site-en-adjacent-properties
and;-partiealarly;-agrien}tura}-activities-
6:4-3-1---Nan-€arm-residential-development-an-nen-tillable-}and
sha}}-net-exceed-an-overall-density-a€-one-{}j-dwe}ling-per-twenty
{�ej-aeres-
6-4-2-fie--Subdivision-lot-rise-e€-nen-€arm-res#dentis}-development
en-}and-determined-inappropriate-£er-agrien}tare-Shenld-not-be
smaller-than-any-lot-size-e£-the-eentignans-non-€arm-deve}epment
and-}n-ne-ease-shall-n-new-subdivision-be-al}awed-with-let-sites
smaller-than-€ive-{Sj-acres:
674-371 6.4-2.3: Non-farm residenees uses on parcels adjacent to
agricultural land shall be sufficiently separated by-distanee from
agricultural activities so that adverse serious detrimental
impacts do not occur.
6:4-37d 6.4-2.4: Encourage -N non-farm development mast to have
access and frontage on an -existing -maintained public road
within manned developments a road which substantiallv complies
674-4:1 6.4-2.5: Non-farm development shall be discouraged if
excessive expansion of public services would result. net -be
permitted-which-creates-e-need-£er-neo-public-services-er-ahieh
eanses-public-service-casts-te-signi£ieantly-increase-£er-the
£a}leaing-serviees-
e:---Sehaals-and-Sehae}-Busing
b- --- Pnblie/Private-Utilities
er--- Rranspertation}Read-improvements
dc---Pabiie-Sa€etq-Services-{including-fire-preteetiert-law
en£ereement-and-emergency-medieal-servieesj
674-4-E 6.4-2.6: Standards for N non-farm residential development
shall protect not -adversely -impact physical and natural
characteristics of the environment fla-identi€ied-within-thi9-plan.
6.5 Goal shall be added as follows:
GOAL 6.5. PRESERVE AREAS OUTSIDE FIRE PROTECTION DISTRICTS
Objectives shall be added as follows:
6.5-1 OBJECTIVES (related to the preservation of areas outside
fire protection districts):
6.5-1.1: Protect existing agricultural land uses.
Policies shall be added as follows:
11
WMAGM
use
6.5-2.2: Encourage agricultural activity while limiting non-farm
development.
I -M& M]
as
preservation.
Ci
ities
outside
and
I
SECTION 2.0 FUTURE GROWTH
Policy 2.2-2 to be amended as follows:
2.2-2 Development which occurs outside of an urban-serviee
panning -area area of city impact is required to comply with the
rural area section of this plan. fResc-3387-3-t8-83j
SECTION 7.0 RESIDENTIAL
Policy 7.3-3 to be amended as follows:
7.3-3 Residential subdivisions must be provided with fire
protection exceptas-presided-£ar-in-£arm-€emiiy-sabdidi5iens
ESee�ian-6x07-Rnrai-Areanj-wkieh-are-nel-near-existing-€ire
pre�eeEien-dis�riets.
Policy 7.3-9 to be added as follows:
20.0 AIRPORT INFLUENCE AREAS
Definition s•
The Airport Influence Area - The area surrounding the Boise Air Terminal that is
affected by significant aircraft noise impacts of 65 Ldn and above EeaRnai'day-cad
night -sound -levels and safety hazards in the inner approach zones.
20.1 GOAL
Provide for land uses which are compatible with aircraft noise, approach
zones, and operation activities and which protect the health, safety, and
welfare of the general public.
20.2 OBJECTIVE
Encourage well-planned, orderly development that is compatible with
significant aircraft noise (65+ Ldn) and flight operations.
20.3 POLICIES
20.3-1 Airport Influence Area A
a. Residential development policies of Airport Area A shall be
the same for the remaining land of the Southwest Community
that is not impacted by the air traffic of the Boise Air
Terminal.
b. Soundproofing for all new residential development shall be
required since Area A is impacted by 65 Ldn Airport Noise
Zone rating by single -event aircraft noise levels above 9
dB (Lmax) and by aircraft traffic below 1000 foot altitud
Evidence of a minimum noise level reduction of 25 dB shall
provided by the builder.
20.3-2 Airport Influence Area A-1
20.3--2 3 Airport Influence Area B
a. Recorded and platted subdivisions shall be allowed to infill
with residential uses.
b. Soundproofing shall be required for all new residential
development within existing residential subdivisions , since
Area B is affected by a 65+ Ldn Airport Noise Zone rating, b
single -event aircraft noise levels above 90 dB lLmax),'and b
minimum noise
the builder.
Evidence of a
be provided by
C. Residential rezones or the approval of new residential
subdivision plats shall not be approved within Area B.
d. Limited -use, non -noise sensitive industrial and commercial
development and the applicable commercial or industrial
rezone applications are permitted in Area B and shall be
allowed to infill within existing vacant parcels of land.
e. A performance and design -oriented ordinance should be adopted
for limited -use, non -noise sensitive industrial and
commercial developments which will set forth criteria for
building use and design, landscaping, signage, and other
aesthetic standards so that such industrial and commercial
uses can be made compatible with and enhance adjoining
residential uses.
f. Limited -use, non -noise sensitive industrial and commercial
developments in Area B shall be of limited employment
intensity (up to -3-5 3 to 5 employees per 1,000 square feet
of gross floor area), shall not generate high volumes of auto
traffic (not more than 6-10 trips per day for each 1,000
square feet of gross floor area) and shall not exceed a
sewage discharge of more than 15 gallons per person per day -j
Area B will not be considered a primary industrial employment
center unless or until it is included within a designated
Urban Service Planning Area. The following exceptions may be
made:
1. A parcel of land may be exempted from the trip
generation, employment intensity and sewage discharge
standards if the parcel is contained within a designated
Urban Service Planning Area and is not in an inner approach
zone.
2. Truck stops, restaurants, automobile service
stations and other similar service commercial uses which
abut an Interstate Highway Interchange and which may
draw the majority of their business from Interstate
Highway Traffic may be exempted from the trip generation
standards.
g, Limited -use, non -noise sensitive industrial and commercial
development shall be in compliance with the height and
dlight based
limitations of Boise Air Terminal (-
s are
upon the location of various approach surfaces and clear
zones surrounding the airport ).
h. All vacant and unplatted industrially zoned land in Area B
shall comply with the regulations, policies and standards
which pertain to limited -use, non -noise sensitive industrial
and commercial uses.
i. The area south of Victory Road and west of Cole Road, which
is contained within Airport Influence Area B, shall be al
allowed to infill with residential uses on existing g
lots. It is not the intent to permit increased residential
densities. Industrial and commercial uses shall not be
permitted. Evidence of a minimum noise level reduction of 30
dB shall be provided by the builder.
j. Neighborhood, community and regional -size shopping centers,
auditoriums, motel/hotel complexes, restaurants and other
similar industrial and/or commercial uses which cause the
gathering or concentration of people are a safety hazard and
shall not be permitted to locate within the airport runway
Inner Approach Zone E}8;986-£eeE-£rem-tke-end-er-a-rnawap-see
Be}se-Air-fermina}-f6ewen-Fie}d;-6rd#nnneej. A gathering or
concentration of people for an industrial use shall be
defined as any use which exceeds 3 to 5 employees per 1,000
square feet of gross floor area to or 6 to 10 trips per 1,000
square feet of gross floor area, per day.
20.3- 3 4 Airport influence Area C
a. Policies for Airport Area C are identical to those of Airport Area B
although it may be necessary for the Boise Air Terminal to
acquire land that it does not presently own within Area C.
20.3-4 5 Airport Influence Area B(1)
a. A portion of Area B(1) is designated as the location for a
major employment center for commercial and industrial uses.
b. Non -noise sensitive industrial and commercial developments
and their applicable zoning district classifications are
permitted within Airport Area B(1}.
20.3--5
20.3- 6
20.3--7
C. All industrial and commercial development in Area B(1) shall
be in compliance with height and light limitations set forth
by the Boise Air Terminal.
d. Neighborhood, community and regional -size shopping center s,
auditoriums, motel/hotel complexes, restaurants and other
similar industrial and/or commercial uses which cause the
gathering or concentration of people are a safety hazard and
shall not be permitted to locate within the airport runway
Inner Approach Zone fl9;9e6-£eet-from-the-end-of-a-runway
flee-Boise-Air-Terminal-f6ewen-Field)-6rdinaeee) . A
gathering of or concentration of people for an industrial use
shall be defined as any use which exceeds 3 to 5 employees
per 1,000 square feet of gross floor area or 6 to 10 trips
per 1,000 square feet of gross floor area, per day.
6 Airport Influence Area C(1)
a. The majority of the land within Area C(1) if now owned by the
City of Boise, will be governed by the policies of Section
6.0 Rural -a Areas of the Ada County Comprehensive Plan. No
residential or quasi -public uses shall be permitted.
b. Area C(1) provides for the development of airport operational
and approach zones to serve a third runway that will be
constructed in the near future. Such lands are either owned
or to be acquired by the City of Boise.
7 General Airport Influence Area Policies
a. The 1978 Ada/Canyon Areawide Waste Treatment Management Plan
(208 Plan) and the 1981 Ada County Domestic Wastewater
Management Plan are adopted as guides for land use decisions
in the Airport Influence Area.
b. Avigation easements shall be required for all permitted uses.
C. Open space uses such as greenways, parks, agriculture and
recreation are compatible uses with the Airport Influence
Area.
d. The development of schools shall not be permitted within the
Airport Influence Area, except within Area A-1 where sound-
proofing is sufficient.
8 Airport Influence Areas Map (attached)
The Airport Influence Areas Map is hereby made an official part of
the Ada County Comprehensive Plan. The boundaries shown were
drawn, using the NEF-36-kNoise-Expesare-F6reeast) 65 Ldn boundary,
projected to the year 2005, and the 90 dB (Lmax) contour ether
with the 1000 foot and below aircraft altitude contour, w is is
are found in the Noise Mitigation Plan, Boise Air Terminal, Boise
Idaho, 1986.
EXHIBIT B
L
DEVELOPMENT SERVICES
DEPARTMENT
650 Main
Boise, Idaho 83702
DATE: January 23, 1990
MEMORAND[IM
TO: All Interested Agencies nand Individuals
FROM: David Abo, Director DO—
Ada County Development Services Department
BUILDING DIVISION Phone: j208) 383-4423
PLANNING DIVISION (208) 383-4424
ZONING DIVISION (208) 383-4424
RE: AMENDMENT TO THE ADA COUNTY COMPREHENSIVE PLAN TO ALLOW PLANNED
COMMUNITIES
The Ada County Planning and Zoning Commission will consider the attached
amendment to the Ada County Comprehensive Plan at their March 8, 1990 public
hearing. This hearing will be held at 7:00 p.m, in the Les Bois Room of the
Boise City Hall, 150 N. Capitol Blvd.
This amendment has been submitted to Ada County Development Services by Tom
Nicholson and Ronald C. Yanke who are represented by The SWA Group of Laguna
Beach, Californa, and locally by Keith Stokes and John Steinbacker. The
proposed amendment would change wording in the Ada County Comprehensive Plan
to remove prohibitions to urban development outside the current areas of city
impact and urban service planning areas. New language would be added that
allows large parcels of rural land to be developed into a mixture of urban
land uses if approved as a Planned Community inside new, unincorporated Urban
Service Planning Areas. These planned communities must have their own
specific planning and zoning regulations adopted by Ada County prior to
development. See attached application for details. These regulations would
apply uniformly throughout the areas of Ada County subject to regulation by
the Ada County Comprehensive Plan.
At their hearing on March 8, the Planning and Zoning Commission may make a
recommendation on this application to the Board of County Commissioners. The
Board will later hold its own separate public hearing to consider this
recommendation, and eventually deny the application or adopt an amendment.
This plan amendment is only part of the procedures proposed to allow planned
communities, and a subsequent application referral will be sent to you in 2 to
3 weeks for amending the Ada County Zoning Ordinance to provide for planned
communities.
Please submit any comments you have by February 22, 1990 to Ada County
Development Services Department at 650 Main Street, Boise, Idaho 83702.
If you need more information or have any questions, please contact Mike
McClenahan of this office. Thank you for you consideration.
Attachments:
Plan Amendment Application
Applicable portions of current Ada County Comprehensive Plan
f ADA COUNTY
.- �-*ELAND USE APPLICATION
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'TE: An applica:i:n Ai 11 not be accaptad by :ne Dcrdlopment Ecrvi:ai
cpar:mant until it is submittdd in =Ipleta fora and is reriened by
s a ff planner. A hearing date will not be senaculcd nor fees accapta
This i•s my application for:
O ,appeal
® Comprehensive Plan Amendment
O Conditional Use for:
o Hcme•Cccupaticn/Group Day Care Home
C One Acre Split
C Planned Developaenz
•O Privata Road
C Rezone: from to
bsign
❑Subcirision Plat
10Traffie S OeveiopmeAt Plal
'O Temporary Living Quarters
O Variance
C special Exception
u.
A detailed letter exolaining your aoolication is required.
C � C" USE ONLY
Ir'TLr 1iO. Q0'/:—G'F,4
tlkN 4me
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(Plannar'S tgn} ura
Care At:epted:
Hearing Data:
Fee $: '26-0
ted oo Work in Progress
tad in Log
icarion latter
Current :one:
x.Ref. No.
SITE LOCATION:. In the Quarter Section Township Range;`Jr=! ! in ;�' ,
Site Addre$s NOT APPLICABLE�LU�'
Subdivision Daae Lot Block
Total Acres of
Tax Parcel 1 `O
Proper%, Number ADA COUNTY
A 1" = 300' scale zoning map must be submitted with your application. OEVELOP&JENT SERVICES
This map me �e obtained from the APA Mapping Division, 2nd floor, 650 Main, Boise.
SITE OWNERSHIP
Owner of Record
Name
Aoolicant
Name . YANKE NICHOLSON
Address NOT APPLICABLE Address 4414 SOUTH GEKELER LANE
City State Zip City BOISE StataIDAHO Zip 83705
Telephone Telephone 390i
I consent to the submission of the Certification: I hereby certify that
application accompanying this inro raation on this form is correct
state.ent, to the best of my knowledge.
/
Signed: owner of recor Date 5igned: (applicant) Dat_:
-idence of Proprietary Interest: Must he submitted with aoolication
Title Policy showing my interest. Option to Purchasa*
Land Sale Contract showing my Leased Hold*
interest.
Recorded Warranty Deed showing Earnest Mcrey Agreement
my interest. vRe,uires signa a re of owner of record
on this application.
I:
ATTACHMENT A
A.DA. COUNTY
F'iNF;-OPAENT SERY!CE9
The following sections of the Ada County Comprehensive Plan
shall be amended as stated below. New language is indicated
by the use of italics.
Section 1.0 Introduction (fourth paragraph)
Most new residents of the last few years have settled in or
around one of Ada County's cities. This pattern is expected
to continue with over 95% of the new people expected to
settle in or around one of the cities in the next few years.
However as the County approaches the target date (year 2000)
for this Comprehensive Plan, it may be necessary to consider
other planning mechanisms in order to accommodate the
accelerating population growth rate. Additionally, the Baord
should have the opportunity and flexibility to consider large
scale developments that are not able to be accommodated
within existing Urban Service Planning Areas.
Section 1.2 Introduction/Regional Context
The Comprehensive Plan serves as the regional or areawide
policy guide which will complement and strengthen the
implementation of city comprehensive plans. First, the
County Comprehensive plan recognizes city -adopted
comprehensive plans and county -adopted planned communities,
and endorses those plans as the urban policy framework within
the region (Ada County).
Section 1.4 Introduction/Urban Service Planning Areas
The County will encourage urban development within Urban
Service Planning Areas and will implement the cities, plans
in each of these designated areas. Urban services include
all public facility/services which are either planned or
available.
(add new paragraph)
The proposed establishment of new, separate Urban Service
Planning Areas (outside of existing areas of City impact)
shall demonstrate a satisfactory degree of self sufficiency,
publicly fiscal autonomy, and be deemed consistent with the
goals, objectives, and policies stated in the Comprehensive
Plan prior to approval of such Areas.
Section 2.1-1 Future Growth/Goal
The Board seeks to reinforce the trend for the cities in the
Urban Service Planning Areas and the Southwest Community to
house approximately 950 of Ada County's future population by
the year 2000. However as the County approaches the target
date (year 2000) for this Comprehensive Plan, the Board also
recognizes the need to consider other planning mechanisms
such as Planned Communities in order to accommodate the
accelerating population growth rate. Additionally, the Baord
should have the opportunity and flexibility to consider large
scale developments that are not able to be accommodated
within existing Urban Service Planning Areas.
(add new policy)
Section 2.2-4 Future Growth/Policies
In the case of establishing new, separate Urban Service
Planning Areas, such development shall be approved only when
deemed consistent with Chapter 3.0 (Urban Service Planning
Areas) and Chapter 21.0 (Planned Communities).
Section 3.0 Urban Service Planning Area
Definition:
Urban Service Planning Areas - These are areas where urban
services are available or planned in officially adopted
plans.
(add new paragraph)
Purpose:
The purpose of delineating Urban Service Planning Areas on
the adopted Comprehensive Plan Map is to define the limits of
existing or planned urban areas in which residential,
commercial, industrial, institutional and other appropriate
types of land uses will achieve non -rural densities
adequately supported by infrastructure and emergency
services. Furthermore, this delineation on the Comprehensive
Plan Map defines the rural areas (outside of the Urban
Service Planning Areas) which shall be protected from
fragmented growth and unmonitored urban sprawl. The areas
outside of the Urban Service Planning Areas shall be reserved
for rural uses pursuant to Section 6.0 of this Comprehensive
Plan.
(add new policy)
Section 3.1-6 Urban Service Planning Areas
Availability and ultimate carrying capacity of urban services
shall be an essential criteria for the review and approval of
new development. The availability and ultimate carrying
capacity of said services will be jointly determined by Ada
County and the appropriate special service district, if any.
(add new policy)
Section 3.1-7 Urban Service Planning Areas
New Urban Service Planning Areas outside of existing Urban
Service Planning Areas shall only be considered pursuant to
the provisions of Chapter 21.0 - Planned Communities. In
addition to the goals, objectives and policies established in
Chapter 21.0 of the Ada County Comprehensive Plan, Planned
Communities shall observe and satisfy the aforementioned
policies contained in Chapter 3.0 of the Ada County
Comprehensive Plan.
Chapter 7.0 Residential (parenthetical statement prior to
the goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 8.0 Commercial (parenthetical statement prior to the
goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 9.0 Industrial (parenthetical statement prior to
the goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 10.0 Schools (parenthetical statement prior to the
goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 11.0 Floodplain (parenthetical statement prior to
the goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 12.0 Water Quality (parenthetical statement prior
to the goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 13.0 Sand and Gravel (parenthetical statement prior
to the goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
A
(
Chapter 14.0 Boise Front Foothills
prior to the goals)
(parenthetical statement
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 15.0 Wildlife Management Areas (parenthetical
statement prior to the goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 16.0 Historic and Geologic Sites (parenthetical
statement prior to the goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 17.0 Transportation (parenthetical statement prior
to the goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 18.0 Energy (parenthetical statement prior to the
goals)
(Does not apply to any Urban Service Planning Areas nor to
the Southwest Community)
Chapter 19.0 Amendments
Policy 19.2-3a
Shall be contiguous to an existing Urban Service Planning
Area or as part of a Planned Community adopted pursuant to
Chapter 21.0 of the Ada County Comprehensive Plan.
(Policy 19.2-3e shall be eliminated altogether and
appropriate language from the referenced Concept Plan
(1974) shall be incorporated into the new Chapter 21.0
- Planned Communities.)
A new, separate Chapter shall be included as Chapter 21.0
Planned Communities.
21.0 Planned Communities
As Ada County's population continues to grow and diversify,
there is an increasing need to provide for large scale
developments which will be self contained and not create
unnecessary environmental and/or fiscal impacts on existing
urban areas.
Project sponsor(s) of Planned Communities shall demonstrate
a
n
degree of experience, understanding of community planning
development, and adequate financial resources to carry out
the initial application and planning of the said Planned
Communities.
Definition
A Planned Community as referred to in the Ada County
Comprehensive Plan and Zoning Ordinance shall mean a large
scale master planned development which will have a mixture of
interrelated uses and demonstrate a cohesive and adequate
urban system to support the community.
Purpose and Intent
A Planned Community is intended to be'developed in several
phases over an extended period of time with the ultimate
objective of functioning (and being perceived) as a single
entity. The concept of the Planned Community is a positive
contribution to the future planning and development efforts
of Ada County in that a greater degree of flexibility will be
available to staff and decision makers when considering large
scale, mixed-use development proposals.
21.1 Goals
21.1-1 To envision the full range of implementation for
the realization of portions of and/or the entire development.
21.1-2 To be delineated on the Comprehensive Plan Map once
the proposed Planned Community satisfies Chapter
3.0 (Urban Service Planning Areas) and other
applicable portions of this Comprehensive Plan.
21.1-3 Planning and development of Planned Communities
shall encourage the cooperation of the project
sponsor(s), County staff and decision makers.
21.1-4 To not create undue burdens upon existing urban
resources or infrastructure.
21.1-5 To utilize the preparation of a Specific Plan which
shall establish the goals and policies as well as
detailed development standards of the Planned
Communities.
21.2 Objectives:
21.2-1 Provide for the design and consideration of large,
mixed use development plans;
21.2-2 Understand existing environmental constraints and
provide for the protection, enhancement and
integration of such constraints into the
comprehensive planning effort;
21.2-3 Allow flexibility in site design;
21.2-4 Encourage creative and innovative land planning and
design processes;
21.2-5 Provide for control and integration of a variety of
uses;
21.2-6 Ensure availability and adequacy of public and
emergency services;
21.2-7 Understand the public economic impacts and
eliminate the unnecessary burden on public
facilities and services;
21.2-8 Provide for the phased and orderly development of
the Planned Community;
21.2-9 Permit the adoption of a Specific Plan; and
21.2-10 Implement the Specific Plan and other applicable
land use policies of the Ada County Comprehensive
Plan.
21.3 Policies
21.3-1 Proposed Planned Communities shall have a minimum
size of 1000 acres;
21.3-2 Planned Communities shall be approved only within
identified Urban Service Planning Areas;
21.3-3 Planned Communities will have a balanced mixture of
uses;
21.3-4 Planned Communities will provide housing and
employment opportunities for the representative
cross-section of existing and proposed Ada County
population; and
21.3-5 All proposed Planned Communities shall be
accompanied by a Specific Plan which shall include
a Goals and Policies Section and a Development
Standards/Administration Section. The Specific
Plan may be submitted as one entity or separately.
a. The Goals and Policies Section shall include the
following elements:
1) vision statement for the use and design of
the subject site;
2) Series of coordinated goals, objectives
and policies that will advance the
aforementioned vision statement;
3) Proposed land uses, distribution and
intensity;
4) Anticipated phasing plan;
5) Anticipated population at completion;
6) General land use map depicting conceptual
land use circulation, open space, and
infrastructure systems; and
7) Narrative describing relationship between
the Specific Plan and the Ada County
Comprehensive Plan.
b. The Development Standards/Administration Section
shall include the following:
1) Existing conditions narrative describing
environmental conditions including, but
not limited to;
* Topography, slopes and orientation -
exposure
* Geologic conditions, structure, and
general properties.
* Soil types, properties, and depth.
* Hydrology, drainage watersheds,
existing waterbodies,
shorelines.
* Physical site dynamics -geomorphology
(flooding, erosion,
landslides).
* Tree cover and vegetation.
* Climate and wind factors.
* Wildlife and habitat considerations.
* Cultural resources including, but
not limited to, archaeology
and paleontology sites and
finds.
2) Comprehensive land use map;
3) Comprehensive utility plan including, but
not limited to electrical, natural gas,
storm drain, sewers, water, telephone,
and cable services;
4) Comprehensive circulation plan depicting
location, hierarchy standards, for the
various types of streets and roadways;
5) Comprehensive open space plan depicting
both active and passive recreation areas
and linkages including, but not limited
to, pedestrian, hiking, equestrian and
bicycle trails;
6) Comprehensive landscape plan depicting
overall concept, streetscapes, recreation
areas concepts;
7) Development standards including, but not
limited to:
* permitted uses, primary, accessory,
and conditional;
* required yards;
* structural heights;
* building and impermeable surface
coverage;
* minimum individual site areas;
* minimum open space areas;
* street frontage;
* signs;
* on and off street parking;
* energy conservation; and
* grading
8) Public Services - Financing Plan;
9) Guidelines for implementing and amending
the Specific Plan; and
10) References to other applicable sections of
the existing Ada County Zoning Code.
21.3-6 All subsequent development within the identified
Planned Community boundaries (Urban Service
Planning Area) shall be deemed consistent with the
adopted Specific Plan for said area.
21.4 Adoption of Planned Communities
21.4-1 Establishment of Planned Communities outside of
existing Urban Service Planning Areas will require
the establishment of new Urban Service Planning
Areas pursuant to Sections 1.4, 2.2-4 and 3.0 of
the Ada County Comprehensive Plan prior to the
approval of said Planned Communities. The Ada
County Comprehensive Plan Map shall be amended to
depict said Planned Communities/new Urban Services
Planning Areas.
21.4-2 Planned Communities will be approved only when
accompanied by a Specific Plan as set forth in the
previous sections of this Chapter and Chapter 21 of
the Ada County Zoning Code.
21.4-3 Specific Plans for Planned Communities may be
submitted to the County of Ada Development Services
Department as one entity or submitted in two
separate portions - Goals and Policies, and
Development Standards/Administration.
21.4-4 Specific Plans shall be adopted by resolution -
Goals and Policies - and by ordinance - Development
Standards/Administration.
21.4-4 Existing Planned Communities shall be listed by
project name and identified as follows:
A.
ATTACHMENT B `Ar l ? 1 i� -
?.'DA COUNTY
The following statements are response to Section 11 inquiries.
Does the proposed amendment attempt to correct an error made in
the Comprehensive Plan?
The existing Comprehensive Plan does not contain specific errors.
However, it does not recognize the need for, or provide for large
scale, autonomous new communities. Such a provision will provide
the County with the ability and flexibility to review, approve or
deny such proposals. Furthermore, these provisions will
strengthen the review process for such communities in order to
achieve a degree of acceptable design and viability.
It should be further noted that the existing Comprehensive Plan
has a target date of the year 2000. As the County approaches
this target date, there will be need to develop other planning
mechanisms in order to accommodate potential large scale,
autonomous planned communities.
Is the proposed amendment necessary due to changes in conditions
within the County which justify said amendment?
The County's population is growing and diversifying. Along with
this recognition of growth, there are several large land holdings
which will be able to provide self contained communities without
impacting existing urban service planning areas.
Accompanying the steady population increase is the noted increase
in employment. Approximately 6,000 new jobs have been created in
Ada County over the past 2 1/2 years. Many of these new jobs
have been in the electronic research, development and
manufacturing sector. This type of employment often functions as.
a gravity node which results in service oriented employment in a
multiplication fashion.
Additionally, this type of employment attracts the attention of
the nation's large manufacturers which require large amounts of
land for commercial, industrial and residential development.
Is there a public need for the proposed amendment?
This amendment will reduce, if not eliminate unnecessary impacts
upon existing public facilities by demonstrating an adequate
infrastructure and public service system. Proposed development
at this scale provides a wide range of housing and employment
opportunities.
This amendment will also provide
review. In creating additional
will be made to the development
Ada County.
a different form of
options, a positive
review and approval
development
contribution
process of
Is the proposed amendment, the preferable alternative, from a
public perspective?
By adopting the proposed amendment, the public will be protected
from fragmented and internally inconsistent development which may
occur under forms of regulations. Additionally, the public will
not be afforded the opportunity to review large scale, autonomous
master planned communities without such an amendment.
Why is this amendment proposal necessary to achieve the
objectives of the applicant.
The applicant does not have the opportunity to demonstrate the
development of a large scale, master planned community with the
existing Comprehensive Plan goals, objectives and policies.
`IIS TOWTHETA e1urt-tT152MVITWERTE
Preface:
HOW TO READ THIS PLAN
Most development applications in Ada County would be
reviewed under the policies of one of the five city -
adopted comprehensive plans and not under the remain-
ing policies of the County Comprehensive Plan. There-
fore, the Comprehensive Plan Map, Section 22.0.
should be examined first to see if the proposed develop-
ment is within one of the five Areas of City Impact. If it ;.
within an Area of City Impact. then Section 5.0 of this
Plan should be read as the governing policy for the
proposed development.
It a proposed development is not in an Area of City Im-
pact, the other sections of this Plan, primarily Section
6.0. Rural Areas and Section 15.0. Wildlife Man-
agement Areas. would be used to review it.
1.0 Introduction
The Ada County Comprehensive Plan is an important
legal document which should be studied thoroughly by
the general public and. in particular, by the development
industry. It expresses the goals, objectives and policies
that the people of Ada County have decided are neces-
sary for the common good of all and it is the legal
document used to judge whether a development may be
permitted. Idaho law requires that development propo-
sals comply with the Comprehensive Plan as a way of
ensuring that all land use decisions are made on a
uniform basis and are not arbitrary. Consequently, the
Comprehensive Plan provides the basis for zoning and
has precedence over zoning where there is conflict.
Ada County's population grew by over 80.000 people
from 1970 to 1980 (1380 U.S. Census — 173,036). The
population by 1990 can be expected to increase again
by well over 50,000 people. By Year 2000, Ada County's
population may be as high as 289,000, a 67% increase
in population over a 20 -year period.
The purpose of this plan is to accommodate this growth
in the most efficient, economical and well-planned man-
ner that is possible and to encourage such growth to
occur. As a general estimate, this plan can accom-
modate a minimum of 400,000 or more people.
Most new residents of the last few years have settled in
or around one of Ada County's cities. This pattern is
expected to continue with over 95'b of the new people
expected to settle in or around one of the cities. They
will expect to have schools, roads, a choice of places to
live, fire and safety protection and places to work and
shop.
Meanwhile, the people who already live here will expect
some improvements in their services; development of
parks, hook-up to the sewer, less crowded schools.
better fire protection, a better bus system. Everyone wilt
want clean air, clean water and reasonable taxes.
Even though they would like more and better services.
citizens have limited resources to spend on govern-
ment. Provision of services will be severely constrained
in the future, as the resources of local government have
recently been severely restricted by tax limitations and
inflation. Plans are made in an effort to make the most of
these limited resources. to prevent wasteful mistakes,
to help private citizens make good development and
investment decisions, and to provide the greatest ben-
efit for the greatest number of citizens.
The Board of Ada County Commissioners (The Board)
fully realizes that our County's rapid rate of growth has
brought us stresses and strains as well as prosperity.
Large land areas are in a constant state of change from
one land use to another. Not everyone's personal plans
are compatible with the personal plans of the neighbors
down the road. Therefore, setting forth a recommenda-
tion for a land use plan has been difficult and required
many compromises.
This plan is adopted with the intention that equitable
policies and procedures have been prepared to protect
the rights and liberties of all citizens, and that those who
inherit Ada County will not regret the decisions of the
present generation.
The goals, objectives and policies of the Ada County
Comprehensive Plan express the following principles or
strategies for Ada County's future development:
1. Planning: The Comprehensive Plan is the culmina-
tion of an extensive public participation process
which involved the Planning Commission, the general
public, private interest groups and the Board of Coun-
ty Commissioners. The County supports this planning
process as a way of meeting the County's needs and
making our community a good place to live. The
growth of Ada County makes it mandatory to vi-
sualize and pursue a direction and to wisely use our
resources. This planning process is necessary to
guide growth and ensure jobs are provided, public
facilities are available and natural resources are
preserved.
This planning process began in 1974 when the
Concept Plan (September 1974) was developed by a
Citizen's Advisory Committee. This committee was
formed from a balanced cross-section of citizens in
the county and their stated purpose was to "set forth
the fundamental goals and objectives to guide this
region's growth over the next two or three decades."
The Concept Plan was the basis for the 1977 Ada
County Comprehensive Plan and for the updates to
the Comprehensive Plan.
2. Regional Context: The Comprehensive Plan serves
as the regional or areawide policy guide which will
complement and strengthen the implementation of
city comprehensive plans. First, the County Com-
prehensive Plan recognizes city -adopted com-
prehensive plans and endorses those plans as the
urban policy framework within the region (Ada Coun-
ty). Second, direct County policies are oriented
toward Rural Area and Wildlife Management Areas.
Third. areawide concerns are addressed which are
intergovernmental in nature, such as: regional hous-
ing strategies, transportation plans, air and water
quality programs. solid waste disposal, wastewater
management and the geographic allocation of
population and employment projections. These three
separate categories are combined in the County
Comprehensive Plan to give it a regional or areawide
context.
3. Economic Base: The County will encourage a
strong economic base with further economic
development, job opportunities and the provision of
needed commercial services. The County will en-
courage clean and well-planned commercial and in-
dustrial development within Urban Service Planning
Areas. Such development should contribute optimum
income flow to the local economy, conform to envir-
onmental quality standards and to public facility
standards.
4. Urban Service Planning Area: The County will en-
courage urban development within Urban Service
Planning Areas and will implement the cities' plans in
each of these designated areas. Urban services in-
clude all public facility! services which are either
planned or available.
5. Regional Shopping Centers: The County supports
the development of a regional shopping center in
downtown Boise, as delineated in the Boise Me-
tropolitan Plan, and another regional shopping
center in Meridian at Kuna-Meridian Road, as delin-
eated in the Meridian Comprehensive Plan. This is a
major feature of the Plan which reinforces the goals
of establishing and maintaining viable urban environ-
ments while attempting to prevent the devastating
financial effects resulting from urban sprawl -type
growth patterns.
6. Rural Areas: The County will encourage an
agricultural and grazing industry that efficiently
produces and markets high quality food and fiber and
will limit uses that are not compatible with such ac-
tivities.
Population growth in Rural Areas affects agriculture
directly by causing the conversion of agricultural
land to other uses and also seriously affects the
ability of neighbors to continue agricultural pursuits.
The County seeks to protect Rural Areas from incom-
patible urban uses and from the urban sprawl -type
growth patterns that overextend the ability of
government to provide essential services.
Quality Development: The County will encourage
quality residential, commercial and industrial
developments to occur or expand within Ada County.
The County wishes to maintain or improve the quality
of life for all residents and development should con-
tribute to the quality of the environment and enhance
the aesthetic character of both the Rural Areas and
Urban Service Planning Areas. Flexible land use
regulations are available and will be periodically
reviewed to insure that desirable land planning,
2.
engineering and architectural design standards are
available to create such an environment within Ada
County.
8. Amendments: The County will support changes to
the Comprehensive Plan if it can be demonstrated
that an error was made or changes in conditions have
occurred, that a public need exists, and that the
amendment is the preferable alternative from a pub-
lic perspective. In a growing area like Ada County, it
is expected that changes in land use will be neces-
sary and desirable in response to population growth
pressures and unexpected local situations.
2.0 Future Growth
2.1 GOAL
2.1-1 The Board seeks to reinforce the trend for the
cities in the Urban Service Planning Areas and the
Southwest Community to house approximately 95% of
Ada County's future population by the year 2000. Most
growth would therefore be served by central sewers,
schools, fire protection and other urban public facilities
and services.
2.2 POLICIES
2.2-1 That approximately 92 to 95% of new residential
development shall occur within the Urban Service Plan-
ning Areas and where urban services and public facili-
ties and utilities are readily available or planned.
2.2-2 Dovelopmant which Decors outside of an area of city impact
Is required to comply with tha rural area section of chis PI".
2.2.3 The Board recognizes the need to fully assess
the land use, public service, environmental and trans-
portation impacts associated with any major new
private or public development or activity center. Where
such development creates or encourages unanticipated
employment and/or population shifts away from Urban
Service Planning Areas identified within the Ada County
Comprehensive Plan an assessment of these impacts
shall be made by any prospective developer. All such
major new public or private developments or activity
centers shall be evaluated as Comprehensive Plan
Amendments.
3.0 Urban Service
Planning Area
Definition:
Urban Service Planning Areas — These are areas
where urban services are available or planned in official-
ly adopted plans.
3.1 POLICIES
3.1.1 * "Urban services" which are available or are
planned shall include those services identified in letters
"a" through "e" and should include those services
identified in letters -f" through "i" listed below:
a. central water
b. public safety services such as urban fire protec-
tion, law enforcement and emergency medical
services (EMS)
c. Municipal or Central Wastewater Collection and
Treatment System (See Section 12.0 Water
Quality for definition)
d. schools
e. urban standard streets and roads
f parks and recreation facilities
g. pubiic transit
h. libraries
i. storm drainage facilities
3.1-2 Land use and development plans and policies
for areas wahin the limits of the incorporated cities are
the responsibility of the respective city jurisdictions.
Due to the need to plan ahead for sewer. roads, schools.
and other capital improvements. cities will be encour-
aged to plan cooperatively with the County for the land
area within their respective Urban Service Planning
Ar.aC
3.1.3 For those portions of the Urban Service Planning
Areas outside the city limits of the incorporated cities.
the Board. through the area of city impact legislation.
intends to support the goals, land use policies, density
policies, and other development policies as expressed
by officially adopted clans and ordinances.
3.1.4 Land use and development plans and policies
for the Star Urban Service Planning Area will be the
responsibility of Ada County.
11.5 The land area identified as the Twenty (20) Year
Planning area in the Star Sewer 3 Water District's
Wastewater Facility Plan (January 1981), is considered
the Star Urban Service Planning Area. Implementation of
the land use and density assumptions of this study shall
serve as the land use guide for this area until a com-
prehensive land use plan for Star is developed and
adopted.
3. 1-6 Availability of urban services shall be a major
consideration in the review of new development.
4.0 Local Special
Purpose Districts
In order for the Land Use Plan for Ada County to become
successful, special purpose districts need to comply
with the goals, objectives and policies of the Plan. The
reason for this is that if special purpose districts offer
public services outside of urban service areas. develop-
ment will likely occur, thereby continuing the "leapfrog"
development pattern. Section 67.6528 of the 1975
Local Planning Act. Idaho Code, states that, "The State
of Idaho. and all its agencies, boards, departments,
institutions. and special purpose districts shall comply
with all plans and ordinances adopted under this
chapter unless otherwise provided by law.
4.1 GOAL
Assure necessary coordination of land use designation,
zoning, and service provisions and develop a specific
procedure for assuring said coordination and plan com-
pliance.
4.2 OBJECTIVE
Establish specific policies and procedures for review of
new special purpose districts or the expansion of exist-
ing districts.
4.3 POLICIES
4.3.1 This plan shall act as a guide when planning is
undertaken by special purpose districts.
4.3-2 Major service revisions by special purpose dis-
tricts thatwould lead to pressures for an expansion of an
urban service area shall be reviewed by the Board as a
comprehensive plan amendment.
19.0 Amendments
19.1 GOAL
19.1-1 Provide a process for amending the Compre-
hensive Plan which takes into consideration the
changes that are necessary and desirable to accommo-
date population growth and unexpected situations,
events and conditions.
19.2 POUCIES
19.2-1 Amendments to the Plan should be classified
into three general types:
a. Changing, deleting or adding to the policies per-
taining to a particular policy area.
b. Changing or "converting" land from one policy
area to another, and
c. Eliminating or creating anew policy area with new
policy guidelines. .
19.2.2 Amendments to the plan may be initiated by a
private citizen or group of citizens, the planning commis-
sion, or the Board of County Commissioners. The ap-
plicant will be responsible for defining the proposed
Change and demonstrating its desirability.
For any type of amendment, the applicant must substan-
tiate:
a. An arror was made in the Plan or changes in con-
ditions in the County have occurred which justify
the amendment.
b. The public need for the proposed amendment,
and
c. That the proposed amendment is the preferable
alternative, from the public perspective, which
could resolve the findings in a. above.
19.2.3 It is expected that requests to change the de-
signation of Rural Areas to Urban Service Planning Area
will be the natural result of continued population growth
in Ada County. For these situations, the amendment
shall be evaluated based on the following criteria:
a. Shall be contiguous to an existing Urban Service
Planning Area.
b. Shall be feasible to provide Central Wastewater
Collection and Treatment service and central
water service.
c. Shall be feasible to provide public safety ser-
vices (fire, law enforcement. emergency) at urban
standards,
d. Shall be feasible to serve with urban standard
streets integrated into the arterial/ collector
system of the County, and
a. Shall be evaluated under the guidelines of the
Concept Plan (September, 1974). Goal 3 and the
objectives and policies supporting that goal,
which relate to the establishment of new satellite
communities. (Goal 3 — Oirect new growth within
Ada County to the existing urban areas where
public investments have already been made in
the necessary utilities and services.)
In all cases. "feasibility" implies the cooperation of the
appropriate jurisdictions and agencies providing the
services.
19.2-4 The Ada County Planning Commission may
recommend to the Board amendments to the Plan not
more frequently than every six (6) months to correct
errors in the original Plan or to recognize substantial
changes in the actual conditions in the area.
Concept Pian
Goals & Objectives
for Regional Long Range
Planning
Preparation of this report has been
financed in part through a Compre-
hensive Planning Grant from the
Department of Housing and Urban
Development and through the Fed-
eral Highway Administration
Printed in cooperation with the
U. S. Department of Transporta-
tion, Federal Highway Adminis-
tration.
The opinions, findings and con-
clusions expressed in this pub-
lication are those of the authors
and not necessarily those of the
BATS or the Federal Highway
Administration .
Prepared and presented by the
Citizens Advisory Committee.
September, 1974 Vol.1
3. Coordination of planning should occur both at the policy level and at the
operational level.
Satellite Communities
Development of a whole new community entails considerable responsibility for the
developer, participants in the planning process and elected officials charted with
making final decisions. A well conceived and adequately financed project can become
a great asset to a region while a poorly planned weakly funded proposal nearly always
means trouble, expense and dissatisfaction in the area. Good developers who have
adequate funds and competent planning with honest administration and management are
nearly always more than willing to cooperate fully with county and State officials. In-
experienced developers or those with less than adequate funds or reliable planning seem
more inclined always to be borderline; they cut corners, change plans, fail to make good
on commitments, frequently change management or ownership in the middle of the project.
Responsible public officials at the least must know who the principals are and be able
to deal with them, not with a broker or promoter. They have every right to know the
source and reliability of funds, the purpose of the project and its methods of develop-
ment, sales procedures and management. They are obligated to require some form
of solid assurance that approved plans will be followed and that the project will be
completed as approved. They have an obligation to review such proposals in depth
to determine that its approval or denial is the best use of the land and other resources
involved.
Most importantly, new communities should not be approved which will compete with
the growth and taxing resources of the existing Ada County communities where long
range commitments in public facilities and services, such as sewers, have already
been made .
Goal 3
DIRECT NEW GROWTH WITHIN ADA COUNTY TO THE E.iUSTING URBAN
AREAS WHERE PUBLIC INVESTMENTS HAVE ALREADY BEEN 2%kDE IN
THE NECESSARY UTILITIES AND SERVICES.
Objective 1: To allow the development of new satellite communities only
if and when the population is in excess of that which can be
accommodated within the present Ada County urban ser -rice
area.
Policies:
1. A satellite city should never be permitted to develop without a thorough
study as to a) the long and short range need for the additional com-
ffJ
munity, b) the impact of the additional residential and industrial facil-
ities on the quality of life and environment, wildlife habitat and water
resources, including needs for water, sewers, drainage, air and water
pollution, communications, etc. , c) the existence or creation of present
and future fire protection, law enforcement and other service needs,
and d) the impact of the new community on the growth potential and tax
base of the existing Ada County communities.
2. Any planned satellite city or community in Ada County must conform
to the master planning and zoning concept for Ada County. Develop-
ment interests should not be permitted to proceed with development
of any proposed community without conforming to the county com-
prehensive plan.
3. New communities, if established, must provide all essential services
and utilities and provide for full cost of same for construction, oper-
ation and maintenance. Bonding of development interests over a long
term should be required to insure compliance with the foregoing con-
siderations.
4. Criteria for sanctioning the development of any new community should
speak to the following questions:
a. What is the need for, or purposes of the proposals? Is there a
demonstrated need for the proposed new community, or is it a
development proposal, promotional in character rather than to
fulfill a need?
b. Is the developer the person, or firm with final responsibility
with respect to funds as well as planning or is he or it a front
for someone else?
c. Source of funds, sales and promotional procedures should be
clearly identified.
d. Management should be fully and clearly identifiable from the
very start of the proposal.
e. Schools, parks, policing requirements, fire protection and com-
munity administration should clearly be spelled out both as to
policies and funding.
f. What is the source of and capacity of utilities, water supply,
sewage disposal, electricity, and solid waste disposal?
g. What are the developers sales methods and policies?
h. Are the general layout plans well done based on good planning
concepts and the topography on which the proposal is located?
19
Are grading plans designed to make the best use of soils, slopes.
drainage, and known geology?
i. What is to be the source of employment? Is it to be a bedroom area
or planned to bring in industry to provide employment. If so,
what kind of industry?
How would the proposed project fit into the economic and social
plans of the region? Does it complement or compete with existing
programs?
k. Does the proposal require special consideration, i.e. changes in
zoning, extension of transportation system, pollution problems, or
unusual demands on resources?
1. Will the developer or sponsor be willing to cooperate in a full public
hearing in the proposal stage well before administrative and
planning officials are requested to reach a decision?
m. If and when the basic idea is approved, will all plans for each
stage of development be subject to approval by the proper county
authority?
n. Final approval by county officials should assure that some built-
in guarantee or bonding will require compliance with plans as
approved.
Multi -county Planning
Ada County is only one county and one of the smaller -sized ones in Southwest Idaho.
Many problems facing the county cannot be solved through local efforts alone. The
Boise and Snake Rivers, the Boise Front, agricultural policy, transportation, indus-
trial and regional commercial development are some of the areas needing multi -county
coordination and problem -solving.
Because what happens in Ada County with its greater population affects the whole six
county region, it seems reasonable, in fact necessary, to consider a multi -county
area as a logical and practical unit. The counties enjoy the same air and watersheds,
similar soils, agriculture and livestock patterns, the same transportation and com-
munication facilities serve them all. Common social and economic goals are more
likely to be reached by working together than by each county and, to a considerable
extent each community, attempting to do its own planning for many functions, es-
pecially those which have impacts outside the immediate environment.
►Z&7
DRAFT 10/5/90 CfFIYM 4
,i'•;111/, , '�'�, • " NY4 1 N
SB TICK:
9-4-1: Meridian Area of City Impact Boundary
9-4-2: Anrmaticn, Area of Impact
9-4-3: Applicable Plan Policies and ordiinar=—as
9-4-4: Coordination Of Plan AmendM tS, ordinance AMmx2ments,
and Zcning Applications
9-4-5: Renegotiation
9-4-1: HRUM N AM CW CCLY BffLcT Boamm:
A. Meridian Area of City Impact Boundary Map'
The Meridian Area of City Impact is the area designated On the
Meridian Area of City Impact Boundary Map, bey fully
incorporated by reference, copies of -which are available for
inspection at the Ada Cmumty Department of Development Services.
2. Amendments to the imam aro as follows:
B. In case a property tinder single ownership is divided by the boundary
line of the Meridian Area of City Impact and the line divides succi
Property so that are Or both of the parts has a depth of three hundred
feet (3001) arc less, such part may be included in the jurisdiction
Within which the r®ainler and larger porkran Of the properly is
located.
9-4-2: ATNEVaMM, AICA Cr IIs:
, Annexation by the City of Meridian shall be limited to those lands lying
Aand being Contiguous to
to the boundaries of the
within the area of impact Of
City of meridian.
B. . anne�mtiOn, the provisions of this
shall no larger apply
to the annexed area -
9 -4-3: a"Z PLAN P0i1� AW
9-4-3: _�, the City of
may_ i� p�ethenSiye Plan as a�
A. 4Y1e on July 17. X990. Area of City Impact. ice-- 963- sr, it apply to the Meridian
B. Preafflitly --!31 be allowed to dewelap in
e- g= All subdivision plats, situated within the area of impact, shall be
submitted to the City of Meridian for approval, in addition to Ada
County approval, as provided in Idaho Code Section 50-1306.
C.
D.
Win- • � _ • -�•• v . ..�.
•.1'.111 �-IY • • _ Iv 1 Is 1. .'.111". �►" I� / Ir 1. /
�/'11 • IYt/
A. All applications for County and City ane dme nts to their respective
Comprehensive Plans and implementing ordinances which apply within the
Meridian Area of City Impact shall be sent by the entity considering
such WWxK W t to the other entity. A separate Referral Prooess shall
be adopted by resolution by each entity regarding procedures and time
periods for, and the effect of, sending such amenkents, and such
resolution may be amended from time to time upon mal agreement in
writing by Ada County and the City of Meridian.
B. All County applications for planned developm ts, subdivisions, rezones,
private roads, and conditional use permits within the Meridian Area of
City Impact shall be sent to Meridian, in acocmdanoe with the Referral
Prooess arrived at pursuant to subsection A above.
9-4-5:
A. In accordance with Idaho Code 67-6526(d), the Meridian City Council or
the Board of Ada County C=iwieners may request, in writing,
renegotiatim of any provision of this Chapter at any time. within
thirty (30) days of reoeipt of suds written rpt by either part', a
meting between the two (2) jurisdictions shall odour.
B. While renegotiation is o=aring, all provisions of this QT er shall
remain in effect until this Chapter is amended or a substitute ordinance
is adapted by Meridian and Ada Corday, in accordance withthe
hearing prooe&m-es provided in , d,bm 6S
Idaho Code—, g or until a declaratory judgment from the District court
is final. Provided, however, that this Chapter or stipulated portions
thereof shall be of no further force and effect if both jurisdictions so
agree by mutually adopted resolution.
AMBROSE,
FITZGERALD
6 CROOKSTON
Atto ysarld
Counaalon
P.O. Boz 427
M"dlan, Idaho
&W2
Talaphorro 888-481
AMENDED RESOLUTION NO. 90
A RESOLUTION OF IIIE CITY OF MERIDIAN AMFNDING RFSOLIII ION NO. 90
WHICH IN 1984 APPROVED THE AIIOPIION OF A REFERRAL PROCESS
AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE COUNTY OF ADA
WHICH AGREEMENT ESTABLISHES PROCEDURES FOR REFERRING AMENDMENTS
OF COMPREHENSIVE PLANS AND POLICIES AND ZONING AND DEVELOPMENT
ORDINANCES BETWEEN THE CITY OF MERIDIAN AND THE COUNTY OF ADA
AND PROVIDES FOR THE PROCESSING OF ZONING AND DEVELOPMENT
APPLICATIONS; RESCINDING SAID ORIGINAL RESOLUTION 90 AND
READOPTING SAID RESOLUTION TO READ AS SET FORTH HEREINAFTER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian passed
Resolution No. 90 in 1984 adopting a referral process between
the City and Ada County for comprehensive plan, zoning and
subdivision amendments and applications and which both the
Meridian City Council and the Ada County Commissioners have
agreed to change and amend; and
WHEREAS, the 1975 Local Planning Act requires that Ada
County and each city therein establish area of impact boundaries
for each city and to designate the comprehensive plans and
ordinances to apply within such areas of impact; and
WHEREAS, Idaho Code Section 67-6526 establishes procedures
for amending or changing said area of impact ordinances and the
area of impact boundaries; and
WHEREAS, the City of Meridian and the County of Ada
have agreed to amend their respective area of impact ordinances
and the boundaries of the Meridian Area of City Impact and
either have passed ordinances so changing such area of impact
and the associated ordinances or are in the process of so
adopting such ordinances; and
AMENDED RESOLUTION 90 - 1
AMBROSE,
FITZGERALD
&CROOKSTON
Atlome,e end
CoonNlore
P.O. Boy 427
Meridien, Idaho
83442
Telephone BBB441
WHEREAS, the City of Meridian and the County of Ada have
agreed to amend the referral agreement resolutions establishing
procedures for referring to each other applications for
amendments to comprehensive plans, zoning and subdivision
ordinances, and developmental ordinances and procedures for
processing applications for such amendments;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
The City of Meridian hereby adopts the hereinafter set
forth Amended Meridian Area of Impact Referr aI Process which
shall read as follows:
Section 1.0 AMENDMENT OF CITY COMPREHENSIVE PLAN AND ORDINANCES
1.1 All proposed amendments to the Meridian
Comprehensive Plan or the Meridian Zoning and/or
Subdivision Ordinances shall be forwarded to the Ada
County Development Services Department Director by the
Meridian City Clerk at least fifteen (15) days prior
to any public hearing on any such proposed
amendment(s), whether said amendment(s) is before the
Meridian Planning and Zoning Commission or the
Meridian City Council. The Ada County Department of
Development Services shall determine whether or not
such amendment(s) is in conflict with either the Ada
County Comprehensive Plan or the Ada County Zoning
Ordinance. The Ada County Development Services
Department Director shall notify the Meridian Planning
and Zoning Commission, or the Meridian City Council,
as the case may be, of such determination in writing
prior to or at such public hearing. Such input from
the County shall not be binding or controlling on
Meridian, but shall be treated as documentary
evidence.
1.2 When the Meridian City Council has rendered a
final decision to adopt an amendment to the Meridian
Comprehensive Plan or the Meridian Zoning and/or
Subdivision Ordinances, the Meridian City Clerk shall,
within fifteen (15) days, forward a copy of the final
document to the Ada County Development Services
Department Director and the Board of Ada County
Commissioners, along with a notice as to when the
AMENDED RESOLUTION 90 - 2
AMBROSE.
FITZGERALD
&CROOKSTON
Atto ysa
Cwnselo
P.O. Box 127
MNIO4n, kA
83612
Tel,plwn, 666N61
amendment will take effect in the City. WiLhiii Lhlrty
(30) days after- the Plan amendment was mailed, the
Board of Ada County Commissioners shall either protest
the amendment and request renegotiation of the area of
city impact ordinances, or- if necessary, shall direct
the Ada County Planning and Zoning Commission to
schedule the amendment for- public hearing as an
amendment to the area of city impact ordinance.
Section 2.0 AMENDMENT OF COUNTY COMPREHENSIVE PLAN AND ZONING
ORDINANCE
2.1 All proposed amendments to the Ada County
Comprehensive Plan and/or the Ada County Zoning
Ordinance shall be forwarded by the Ada County
Development Services Department Director to the
Meridian City Clerk at least thirty (30) days prior to
any public hearing on any such proposed amendment(s).
The Meridian City Council and/or the Meridian Planning
and Zoning Commission shall determine whether or not
such amendment is in conflict with one or more of the
goals, objectives, policies or provisions of Meridian
Comprehensive Plan, the Meridian Zoning and/or
Subdivision Ordinances. The Meridian City Council
shall notify the Ada County Development Services
Department of such determination in writing prior to
or at such public hearing. Such input from the City
shall not be binding or controlling on the County, but
shall be treated as documentary evidence.
2.2 The Board of Ada County Commissioners shall
notify Meridian, in writing, of the County's action on
such amendment(s) within fifteen (15) days following a
final decision on such matter along with notice as to
when the amendment(s) will take effect in the County.
Within thirty (30) days after the amendment(s) were
mailed, the Meridian City Council shall either protest
the amendment(s) and request renegotiation of the Area
of City Impact Ordinances, or if necessary, shall
direct the Meridian Planning and Zoning Commission to
schedule the amendment for public hearing as an
amendment to the Area of City Impact Ordinance.
Section 3.0 PROCESSING OF LAND USE APPLICATIONS IN THE MERIDIAN
AREA OF CITY IMPACT
3.1 The Ada County Development Services Department
Director shall send to the Meridian City Clerk all
County land use applications concerning property
located within the Meridian Area of City Impact
including, but not limited to, applications for:
AMENDED RESOLUTION 90 - 3
AMBROSE,
FITZGERALD
&CROOKSTON
AllwngsxnE
Counwlon
P.O. Box 127
MwMMn, MAOo
83812
Telophom 6894461
planned developments, subdivisions, rezones, private
roads, and conditional use permits, thirty (30) days
prior to any county public hearing on such
application. The Meridian Planning and Zoning
Commission or the Meridian City Council shall make
recommendations to the Ada County Development Services
Department Director on such application, in writing
and shall cite the Meridian Zoning and/or Subdivision
Ordinances or the Meridian Comprehensive Plan
policies, goals, objectives or provisions supporting
such recommendation. Such recommendation shall be
mailed to the Ada County Development Services
Department Director within thirty (30) days. Such
input from Meridian shall not be binding or
controlling on the County, but shall be treated as
documentary evidence.
3.2 Neither the Board of Ada County Commissioners riot,
the Ada County Planning and Zoning Commission shall
hold a public hearing on such application until the
recommendation of the Meridian City Council or the
Meridian Planning and Zoning Commission, as the case
may be, has been received, or the date the County
should have received said Council's or Commission's
recommendations, specified above, has passed.
3.3 The Ada County Department of Development Services
will notify the Meridian City Clerk in writing of the
County's action on land use applications located
within the Meridian Area of City Impact but outside
the Meridian city limits within fifteen (15) days
following final decision by the appropriate County
agency on such matter.
Section 4.0 AMENDMENT OF COUNTY PLAN AND ORDINANCES/PROCESSING
OF LAND USE APPLICATIONS IN REFERRAL AREAS
Amendments to the Ada County Comprehensive Plan, the
Ada County Zoning Ordinance, and all Area of City
Impact Ordinances which apply within the Referral
Areas, as identified on the Meridian Area of City
Impact Map, and all land use applications within those
referral areas shall be sent by the Ada County
Development Services Department Director to the
Meridian City Clerk. Such documents shall be mailed
at least thirty (30) days prior to any public hearing
on them. Any comment by the Meridian City Council on
such documents shall be made to the Ada County
Development Service Department in writing prior to or
at such public hearing. Such input from Meridian
shall not be binding or controlling on the County, but
shall be treated as documentary evidence. The Board
AMENDED RESOLUTION 90 - 4
of Ada County Commissioners shall notify the Meridian
City Council in writing of the County's action on such
documents within thirty ( 30 ) days following a final
action by Ada County on such matter.
Section 5. EFFECTIVE DATE.
This Resolution shall be effective upon passage and
approval thereof and upon the passage and approval of the Ada
County adjunct Resolution.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, THIS
DAY OF _ , 1990.
APPROVED:
ATTEST:
e
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
AMENDED RESOLUTION 90 - 5
R.O. Box 427
Meridian, Idaho
B981Z
Telephone BBBJNt
AMBROSE.
FITZGERALD
i CROOKSTON
ANa "&W
CounwbH
F.O. Bot A"
wrWW'.. .
03642
TAAiRMM• 8!64161
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Meridian City Council will
hold a public hearing on November 20, 1990, at 7:30 o'clock
p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, pursuant to Sections 67-6509 and 67-6526, Idaho Code, to
take testimony and written statements pertaining -t—o proposed
amendments to Chapter 13, Title 1, Area of City Impact, of the
Revised and Compiled Ordinances of the City of Meridian.
The proposed amendments Chapter 13, Title 1, Area of City
Impact, are, in summary, as follows:
1. To change the Area of City Impact boundary to
extend it on a portion of the west to Mc Dermott Road
and to extend it in the northeast corner to 1/4 mile
west of Cloverdale Road and to 1/4 mile south of Mc
Millan Road. The proposed Area of Impact boundary is
as shown on the attached map.
2. To repeal Chapter 13, Title 1, Area of City
Impact and to re-enact it to re -organize it and to set
forth the Area of Impact boundary and map; to delete
one of the "Renegotiation" provisions since there is
now a duplication of the same provision; to state and
reaffirm that the Meridian Comprehensive Plan shall
apply to the Meridian Area of City Impact; to state
that within the Area of Impact but outside the City
limits land use applications shall be governed by the
Ada County Zoning and Subdivision Ordinances; to state
that all proposed subdivision plats within the
unincorporated area of impact shall be submitted to
both the City of Meridian and Ada County for approval;
to state that proposed subdivision plats in Ada
County's Rural Transition Zone and in Meridian Urban
Service Planning Area Boundary shall contain a street
and utility easement plan which provides f!or
resubdivision to urban densities, unless a waiver of
that requirement is obtained from the Meridian City
Council to state that subdivisions in the Ada County
Rural Transition Zone and in the Meridian Urban
Service Planning Area, prior to the issuance of the
first building permit shall install dry line sewer and
water lines to accommodate future resubdivision 'to
Urban densities unless a written waiver of this
requirement is granted by the Meridian City Council;
to provide for a referral process between the City and
Ada County for land use applications and providing for
a referral process resolution; to provide for a
renegotiation procedure for the Area of Impact and the
Area of Impact Agreement contained in Chapter 13,
Title 1, and to state that during renegotiation the
existing provisions shall apply.
The public is welcome and encouraged to submit testimony or
written commit.
DATED this3�7h day of October, 1990.
AMBROSE,
FRZOERALD
i CROOKSTON
ARWnWS NO
Ceaxueb"
F.O. Bea QT
Me00MR. WOW
MIN2
TeMps ="ftl
Attad=ent to Oaaf-y Resolution
1.1 All proposed mems to the Meridian Ocopreheisive Plan or the
Meridian Zoning and/or alhbdivisicn Ordinances shall be forwarded to the
Ada ply Dwmlcmenht Services D%mr tent Direct r by the Meridian City
Clerk at least fifteen (15) days prior to arty public hearing on any such
primed amendment(s), whether said amendment (s) is before the Meridian
Planning and Zoning Omni ion or the Meridian City council. 7 he Ada
Omrityy Department of Development services shall determine whether or not
such amendment(s) is in conflict with either the Ada County
Coaprehensive Plan or the Ada county Zoning Ordinance. The Ada county
Development Services Department Director shall notify the Meridian
Planning and Zoning commission, or the Meridian City Council, as the
case may be, of such determination in writing prior to or at such public
hearing. Such input from the county shall not be binding or controlling
on Meridian, but shall be treated as documentary evidence.
1.2 When the Meridian City Coucil has rendered a final decision to
adopt an amendment to the Meridian Cmgwehersive Plan or the Meridian
Zoning anti/or Subdivision Ordinanoes, the Meridian City Clerk shall,
within fifteen (15) days, forward a copy of the final document to the
Ada County Development Services Department Direc!= and the Board of Ada
county camissicners, along with a notice as to then the amendment will
take effect in the City. Within thirty (30) da}5 after the Plan
amendment was mailed, the Board of Ada comfy ommi-sioners shall either
proterst the alw,r9mwr,r and request renegotiation of the area of city
i�act crdinnarrces, ar if necessary, shall direct the Ada County Planning
and Zoning Oommissicn to schedule the amendment for Public hearing as an
amendment to the area of city impact ordinance.
- 1 li I• li • •• •• I. 97 li I• • 1 •'•J 1 1 M
2.1 All proposed amendments to the Ada County Osprehensive Plan and/or
the Ada Canty Zoning ordinance shall be forwarded by the Ada Oamty
Development Services Department Director to the Meridian City Clerk at
least thirty (30) days prior to any public hearing on any such proposed
amendment(s). The Meridian City Council and/or the Meridian Planning
and Zc ninq Omni «Jon shall determine whether or riot such amendment is
in conflict with one or more of the goals, objectives, policies or
provisions of Meridian Comprvhensive Plan, the Meridian Zoning and/or
Subdivision ordinances. 7he Meridian City CahȢil shall notify the Ada
County Development Services Department of such determination in writing
prior to or at such public hearing. Such input from the City shall not
be binding or controlling an the Comfy, but shall be treated as
documentary evidence.
2.2 The Board of Ada Oamtp OMML-'sioherS shall ratify Meridian, in
writing, of the 0ouunty's action on such amendments) within fifteen (15)
days following a final decision on such matter alorg with notice as to
when the amendment(s) will take effect in the Oaunty. Within thirty
(30) days after the ame*+lment(s) were mailed, the Meridian City Council
shall either protest the amendment(s) and request renegotiation of the
Area of City Impact ordinances, or if necessary, shall direct the
Meridian Planning and Zoning Oommission to sdnedhle the amendment for
public hearing as an amerrtment to the Area of City Impact Ordinance.
Section 3.0 PFOCESSM OF IM USE APPLICATICKS IN 7M MERIDIAN AREA OF
CrrY IMPACr
3.1 7 he Ada Oamty Development Services Department Director shall send
to the Meridian City Clerk all County lard use applications concerning
property located within the Meridian Area of City Impact including, but
riot limited to, applications for: planned developments, subdivisions,
rezones, private roads, and conditional use permits, thirty (30) days
prior to any county public hearing on such application. The Meridian
Planning and Zoning Oarmissien or the Meridian City Council shall make
L epo nerdaticns to the Ada 0ou my Development Services Department
Director on such application, in writing and shall cite the Meridian
Zoning and/or Subdivision Ordinances or the Meridian Comprehensive Plan
policies, goals, objectives or provisions supporting such
reeommendaticn. Such r eammendation shall be mailed to the Ada Canty
Development Services Department. Director within thirty (30) days. Such
input from Meridian shall not be binding or coaGrolliM on the 0ouunty,
but shall be treated as documentary evidence.
3.2 Neither the Board of Ada O=Yty O=issioners nor the Ada Oamty
Planning and Zoning Oommissim shall hold a public hearing on such
application until the reoodndatim of the Meridian City Oauncil or the
Meridian Planning and Zming Oomission, as the case may be, has been
received, or the date the Ommty should have received said Oo ncil's or
Commission's reocmoendaticns, specified above, has passed.
3.3 The Ada axmty Department of Development Servioes will notify the
Meridian City Clerk in writing of the County's action on land use
applications located within the Meridian Area of City Utpact but outside
the Meridian city limits within fifteen (15) days following final
decision by the apprcpriate Oomty agent' m such matter.
Section 4.0 A2ff3UOU OF CMM PLAN AND ORDIIANCES/PROCFSSING OF UM USE
APPLICATIONS IN REFERRAL AREAS
Amendments to the Ada axvity Comprehensive Plan, the Ada Oamty Zoning
Ordinance, and all Area of City Impact Ordinances which apply within the
Referral Areas, as identified on the Meridian Area of City Inpact Map,
and all land use applications within those referral areas shall be sent
by the Ada County Developneat Services Department Director to the
Meridian City Clerk. Such documents shall be mailed at least thirty
(30) days prior to any public hearing on them. Any O®ent by the
Meridian City Oaahcil on such documents shall be made to the Ada County
Development Services Deparbwnt in writing prior to or at such public
hearing. Such input from Meridian shall riot be binding or omtrolling on
the county, but shall be treated as doc mm*ary evidence. 7he Board of
Ada County Oomissimws shall notify the Meridian City Council in
writing of the Ocnty's action on such documents within thirty (30) days
following a final action by Ada Ocmty on such matter.
DAY OF , 1990.
Vernon L. Bisteafeldt, (]•firman
Judy M. Peavey, Clm— imer
Dave O'Leary, Loner
John Bastida, Ada County Clerk
AMBROSE.
FITZGERALD
6 CROOKSTON
A1lomsyn ad
Co nsN
P.O. Boa 427
MWd1N, WNo
8311,12
T~q 8604461
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Meridian City Council will
hold a public hearing on November 20, 1990, at 7:30 o'clock
p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, pursuant to Sections 67-6509 and 67-6526, Idaho Code, to
take testimony and written statements pertaining l -o proposed
amendments to Chapter 13, Title 1, Area of City Impact, of the
Revised and Compiled Ordinances of the City of Meridian.
The proposed amendments Chapter 13, Title 1, Area of City
Impact, are, in summary, as follows:
1. To change the Area of City Impact boundary to
extend it on a portion of the west to Mc Dermott Road
and to extend it in the northeast corner to 1/4 mile
west of Cloverdale Road and to 1/4 mile south of Mc
Millan Road. The proposed Area of Impact boundary is
as shown on the attached map.
2. To repeal Chapter 13, Title 1, Area of City
Impact and to re-enact it to re -organize it and to set
forth the Area of Impact boundary and map; to delete
one of the "Renegotiation" provisions since there is
now a duplication of the same provision; to state and
reaffirm that the Meridian Comprehensive Plan shall
apply to the Meridian Area of City Impact; to state
that within the Area of Impact but outside the City
limits land use applications shall be governed by the
Ada County Zoning and Subdivision Ordinances; to state
that all proposed subdivision plats within the
unincorporated area of impact shall be submitted to
both the City of Meridian and Ada County for approval;
to state that proposed subdivision plats in Ada
County's Rural Transition Zone and in Meridian Urban
Service Planning Area Boundary shall contain a street
and utility easement plan which provides for
resubdivision to urban densities, unless a waiver of
that requirement is obtained from the Meridian City
Council to state that subdivisions in the Ada County
Rural Transition Zone and in the Meridian Urban
Service Planning Area, prior to the issuance of the
first building permit shall install dry line sewer and
water lines to accommodate future resubdivision to
Urban densities unless a written waiver of this
requirement is granted by the Meridian City Council;
to provide for a referral process between the City and
Ada County for land use applications and providing for
a referral process resolution; to provide for a
renegotiation procedure for the Area of Impact and the
Area of Impact Agreement contained in Chapter 13,
Title 1, and to state that during renegotiation the
existing provisions shall apply.
The public is welcome and encouraged to submit testimony or
written commit.
DATED this3:7� day of October, 1990.
AMBROSE,
FITZGERALD
d CROOKSTON
Attomeys and
Counselors
P.O. Box 127
Meridien, Idaho
836+2
deoh. 6810N61
DRAFT 10/5/90 ITER 4
14 10 F�l all 77
�WU
9-4-1: Meridian Area of City Impact Boundary
9-4-2: Annexation, Area Of Fact
9-4-3: Applicable Plan Policies and Ordinances
9-4-4: Coordination of Plan ftwdments, Ordinance Amendments,
and Zoning Applications
9-4-5: Renegotiation
9-4-1: MERIDIAN ARFA OF CLTSC IMPACT BOUNUM:
A. Meridian Area of City Imwact Botudary Map:
1. The Meridian Area of City Impact is the area designated on the
Meridian Area of City Impact Boundary Map, Eby fully
incorporated by reference, copies of which are available for
inspection at the Ada County Department of Development Services.
2. Amendments to the maps are as follows:
a.
B. In case a property under single ownership is divided by the boundary
Jim of the Meridian Area of City Impact and the line divides such
property so that one or both of the parts has a depth of three hundred
feet (300') or less, such part may be included in the jurisdiction
within which the remainder and larger portion of the property is
located.
9-4-2: ANmEz TZQi, ARFA OF IMPACT:
A. Annexation by the City of Meridian shall be limited to those lands lying
within the area of impact and being oontiguous to the boundaries of the
City of Meridian.
B. Upon annexation, the provisions of this agreement shall no longer apply
to the annexed area.
9-4-3: APPLICABLE PIAN P(HSCffi AND FINANCES:
A. The Ada -meridian comprehensive Plan as amended by the City of
Meridian on July 17. 1990,
, shall apply to the Meridian Area of City Impact.
e- B. All subdivision plats, situated within the area of impact, shall be
submitted to the City of Meridian for approval, in addition to Ada
County approval, as provided in Idaho Code Section 50-1306.
C.
D.
Hr.
E. The Ada County Code Title 8. the Zoning ordinance . shall be used
to 3zplement this Chapter. All land use aoolications shall also cowly
with the provisions of this Chapter.
9-4-4: CDOFg)nA' UN CF PIAN AT gENEN S, QRDIMOCE AMENEMEdiS AND
'iii APMC'KEEM:
A. All applications for County and City ammxbwits to their respective
Omprehensive Plans arra implementing ordinances which apply within the
Meridian Area of City Impact shall be sent by the entity considering
such awnftent to the other entity. A separate Referral Process shall
be adopted by resolution by each entity regarding procedures and time
periods for, and the effect of, sending such amendments, and such
resolution may be amended from time to time upon mutual agreement in
writing by Ada Canty and the City of Meridian.
B. All County applications for planned developments, subdivisions, rezones,
private roads, and conditional use permits within the Meridian Area of
City Iipact shall be sent to Meridian, in accordance with the Referral
Process arrived at pursuant to subsection A above.
A. In accordance with Idaho Code 67-6526(d), the Meridian City Council or
the Board of Ada Canty Commissioners may request, in writing,
renegotiation of any provision of this Chapter at any time. Within
thirty (30) days of receipt of such written request by either party, a
meeting between the two (2) jurisdictions shall occur.
B. While renegotiation is occurring, all provisions of this Chapter shall
remain in effect until this Chapter is amended or a substitute ordinance
is adopted by Meridian and Ada County, in acoordw>ce with the notice and
hearing procedures provided in Ada County and
Idaho Code—, s Or until a declaratory judgment from the District Court
is final. Provided, however, that this Chapter or stipulated portions
thereof shall be of no further force and effect if both jurisdictions so
agree by mutually adopted resolution.
Attac b me nt to County Resolution
OF la• I• • • •.. aXIMY REFMZALPROCESS • r,•M la
Section 1. • AMENEMENr OF COMPREHENSIVE PLAN ANa ORDINANCES
1.1 All proposed amendments to the Meridian Comprehensive Plan or the
Meridian Zoning arra/or subdivision Ordinances shall be forwarded to the
Ada County Development services Department Director by the Meridian City
Clerk at least fifteen (15) days prior to any public hearing on any such
proposed amendnwnt(s), whether said amendment (s) is before the Meridian
Planning and Zoning Commission or the Meridian City Council. The Ada
County Department of Development Services shall determine whether or not
such amendment(s) is in conflict with either the Ada County
Comprehensive Plan or the Ada County Zoning Ordinance. The Ada County
Development Services Department Director shall notify the Meridian
Planning and Zoning Commission, or the Meridian City Council, as the
case may be, of such determination in writing prior to or at such public
hearing. Such input from the County shall not be binding or controlling
on Meridian, but shall be treated as documentary evidence.
1.2 When the Meridian City Council has rendered a final decision to
adopt an amendment to the Meridian Comprehensive Plan or the Meridian
Zoning and/or Subdivision Ordinances, the Meridian City Clerk shall,
within fifteen (15) days, forward a copy of the final document to the
Ada County Development Services Department Director and the Beard of Ada
County Commissioners, along with a notice as to when the amendment will
take effect in the City. Within thirty (30) days after the Plan
amendment was mailed, the Board of Ada County Commissioners shall either
protest the amendment and request renegotiation of the area of city
impact ordinances, or if necessary, shall direct the Ada County Planning
and Zoning Commission to schedule the amendment for public hearing as an
amendment to the area of city impact ordinance.
ma a ma • •••• m•- a ma u • • r•
2.1 All proposed amendments to the Ada County Comprehensive Plan and/or
the Ada County Zoning Ordinance shall be forwarded by the Ada County
Development Services Department Director to the Meridian City Clerk at
least thirty (30) days prior to any public hearing on any such proposed
amendment(s). The Meridian City Council and/or the Meridian Planning
and Zoning Commission shall determine whether or not such amendment is
in conflict with one or more of the goals, objectives, policies or
provisions of Meridian Comprehensive Plan, the Meridian Zoning and/or
Subdivision Ordinances. The Meridian City Council shall notify the Ada
County Development Services Department of such determination in writing
prior to or at such public hearing. Such input from the City shall not
be binding or controlling on the County, but shall be treated as
documentary evidence.
2.2 The Board of Ada County COMM1 10ners shall notify Meridian, in
writing, of the County's action on such amendment(s) within fifteen (15)
days following a final decision on such matter along with notice as to
when the amendments) will take effect in the County. Within thirty
(30) days after the amendment(s) were mailed, the Meridian City Council
shall either protest the amendment(s) and request renegotiation of the
Area of City Impact Ordinances, or if necessary, shall direct the
Meridian Planning and Zoning Commission to schedule the amerdw nt for
public hearing as an amexx1ment to the Area of City Fact ordinance.
•�fllM Wi': •1
3.1 The Ada County Develcpmennt Services Department Director shall send
to the Meridian City Clerk all County land use applications concerning
property located within the Meridian Area of City Impact including, but
not limited to, applications for: planned developments, subdivisions,
rezones, private roads, and conditional use permits, thirty (30) days
prior to any county public hearing on such application. The Meridian
Planning and Zoning Commission or the Meridian City Council shall make
recommendations to the Ada County Development Services Department
Director on such application, in writing and shall cite the Meridian
Zoning and/or Subdivision Ordinances or the Meridian Comprehensive Plan
policies, goals, objectives or provisions supporting such
recoamm dation. Such recommendation shall be mailed to the Ada County
Development Services Department Director within thirty (30) days. Such
input from Meridian shall not be binding or controlling on the County,
but shall be treated as documentary evidence.
3.2 Neither the Board of Ada Canty Camnseioners nor the Ada County
Planning and Zoning Camnission shall hold a public hearing on such
application until the reoamlendation of the Meridian City Council or the
Meridian Planning and Zoning carmissioi, as the case may be, has been
received, or the date the County should have received said Council's or
Colmnission's recome dations, specified above, has passed.
3.3 The Ada Cash' Departwnt of Development Services will notify the
Meridian City Clerk in writing of the County's action on land use
applications located within the Meridian Area of City Impact but outside
the Meridian city limits within fifteen (15) days following final
decision by the appropriate County agency on such matter.
APPLICATIONSSection 4.0 RMUOU OF COUNry pjM AND CMDWKES/pROCESSING OF LAND ISE
IN REFERRAL AREAS
Amendments to the Ada county wive Plan, the Ada County Zoning
ordinance, and all Area of City pact Ordinances which apply within the
Referral Areas, as identified on the Meridian Area of City Inpact Map,
and all land use applications within those referral areas shall be sent
by the Ada County Development Services Department Director to the
Meridian City Clerk. Such docuzwnts shall be mailed at least thirty
(30) days prior to any public hearing on them. Any comment by the
Meridian City Council on such doOuments shall be made to the Ada County
Developnnent Services Deparbnent in writing prior to or at such public
hearing. Such input from Meridian shall rat be binding or controlling on
the Conty, but shall be treated as doamnentary evidence. The Board of
Ada Canty Commissioners shall notify the Meridian City Council in
writing of the County's action on such dooanents within thirty (30) days
following a final action by Ada Canty on such matter.
APPROVED AND •►•. y► THIS DAY OF ..•
Vernon L. Bisterfeldt, Chairman
Judy M. Peavey, Commissioner
Dave O'Leary, Commissioner
: Yew
John Bastida, Ada Canty Clerk
AMBROSE.
FRZOERALC
•CROOKSTON
AhWn*ys a
Courwel"
P.O. BOX AV
MMMWA. MNa
67942
TOMPh r4MM41
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Meridian City Council will
hold a public hearing on November 20, 1990, at 7:30 o'clock
p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, pursuant to Sections 67-6509 and 67-6526, Idaho Code, to
take testimony and written statements pertaining f—o proposed
amendments to Chapter 13, Title 1, Area of City Impact, of the
Revised and Compiled Ordinances of the City of Meridian.
The proposed amendments Chapter 13, Title 1, Area of City
Impact, are, in summary, as follows:
1. To change the Area of City Impact boundary to
extend it on a portion of the west to Mc Dermott Road
and to extend it in the northeast corner to 1/4 mile
west of Cloverdale Road and to 1/4 mile south of Mc
Millan Road. The proposed Area of Impact boundary is
as shown on the attached map.
2. To repeal Chapter 13, Title 1, Area of City
Impact and to re-enact it to re -organize it and to set
forth the Area of Impact boundary and map; to delete
one of the "Renegotiation" provisions since there is
now a duplication of the same provision; to state and
reaffirm that the Meridian Comprehensive Plan shall
apply to the Meridian Area of City Impact; to state
that within the Area of Impact but outside the City
limits land use applications shall be governed by the
Ada County Zoning and Subdivision Ordinances; to state
that all proposed subdivision plats within the
unincorporated area of impact shall be submitted to
both the City of Meridian and Ada County for approval;
to state that proposed subdivision plats in Ada
County's Rural Transition Zone and in Meridian Urban
Service Planning Area Boundary shall contain a street
and utility easement plan which provides for
resubdivision to urban densities, unless a waiver of
that requirement is obtained from the Meridian City
Council to state that subdivisions in the Ada County
Rural Transition Zone and in the Meridian Urban
Service Planning Area, prior to the issuance of the
first building permit shall install dry line sewer and
water lines to accommodate future resubdivision to
Urban densities unless a written waiver of this
requirement is granted by the Meridian City Council;
to provide for a referral process between the City and
Ada County for land use applications and providing for
a referral process resolution; to provide for a
renegotiation procedure for the Area of Impact and the
Area of Impact Agreement contained in Chapter 13,
Title 1, and to state that during renegotiation the
existing provisions shall apply.
The public is welcome and encouraged to submit testimony or
written commit.
DATED this3O)k` day of October, 1990.
AMBROSE.
FlTZOENAIO
A CROOKSTON
AUO"s uM
OwnYbn
F.O. lox 427
MM.. .MMD
03642
T*WPh 4104461
M
AMBROBE,
FnZOENALD
A CROOKSTON
AtWnglaq
Couneskm
P.O. Boa 427
MrMMn, MMa
12112
Ts pha 1264451
PETITION TO AMEND THE AREA OF IMPACT
AND ASSOCIATED ORDINANCES
The Meridian Planning and Zoning Commission hereby
petitions itself and the Meridian City Council to amend Chapter
13, Title 1, Area of City Impact, of the Revised and Compiled
Ordinances of the City of Meridian.
The proposed amendments Chapter 13, Title 1, Area of City
Impact, are as follows:
1. To change the Area of City Impact boundary to
extend it on a portion of the west to Mc Dermott Road
and to extend it in the northeast corner to 1/4 mile
west of Cloverdale Road and to 1/4 mile south of Mc
Millan Road. The proposed Area of Impact boundary is
as shown on the attached map.
2. To repeal Chapter 13, Title 1, Area of City
Impact and to re-enact it to re -organize it and to set
forth the Area of Impact boundary and map; to delete
one of the "Renegotiation" provisions since there is
now a duplication of the same provision; to state and
reaffirm that the Meridian Comprehensive Plan shall
apply to the Meridian Area of City Impact; to state
that within the Area of Impact but outside the City
limits land use applications shall be governed by the
Ada County Zoning and Subdivision Ordinances; to state
that all proposed subdivision plats within the
unincorporated area of impact shall be submitted to
both the City of Meridian and Ada County for approval;
to state that proposed subdivision plats in Ada
County's Rural Transition Zone and in Meridian Urban
Service Planning Area Boundary shall contain a street
and utility easement plan which provides for
resubdivision to urban densities, unless a waiver of
that requirement is obtained from the Meridian City
Council; to state that subdivisions in the Ada County
Rural Transition Zone and in the Meridian Urban
Service Planning Area, prior to the issuance of the
first building permit shall install dry line sewer and
water lines to accommodate future resubdivision to
Urban densities unless a written waiver of this
requirement is granted by the Meridian City Council;
to provide for a referral process between the City and
Ada County for land use applications and providing for
a referral process resolution; to provide for a
renegotiation procedure for the Area of Impact and the
Area of Impact Agreement contained in Chapter 13,
Title 1, and to state that during renegotiation the
existing provisions shall apply.
DATED this day of October, 1990.
JIM JOHNSON
CHAIRMAN, MERIDIAN PLANNING &
ZONING COMMISSION
AMBROSE.
F"MERALD
A CRDOKSTON
AtWft" W4
COwuMen
P.O. BW /27
MwMbn. NWO
ON42
TNpIgM B16�M1
AMBROSE.
flTZGERALD
&CROOKSTON
A11onwpwE
Oo Mows
F.O. Bo. 427
MO Mon, MMw
03612
Tewov:w F 38"01
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CITY OF MERIDIAN'S
OCTOBER 1990 APPLICATION TO AMEND
THE AREA OF IMPACT ORDINANCES
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled application to amend the Meridian Area
of Impact Ordinances having come on for public hearing on
October 30, 1990, at 7:30 o'clock p.m., and the Planning and
Zoning Commission having heard any and all testimony that was
submitted, including the taking of judicial notice of matters of
which it may take judicial notice, and including its knowledge
of existing conditions and prior findings of fact and
conclusions of law adopted on prior amendments to the Area of
Impact Ordinances and Comprehensive Plan amendments and having
duly considered all the evidence, officially noticed evidence
and the facts of the Comprehensive Plan, the Local Planning Act
of 1975, and the Zoning and Subdivision Ordinances of the City
of Meridian, the Planning and Zoning Commission makes the
following:
FINDINGS OF FACT
1. That the Application was submitted by the Planning and
Zoning Commission and is an amendment proposed by the Commission
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1
AMBROSE.
FITZGERALD
6 CROOKSTON
Altom" MIU
C«m.
P.O. Box 427
M,~, MYa
!2642
T,MPIim 88""1
after negotiations with Ada County by members of the Commission
and the City Council; that Ada County is in agreement with the
proposed changes in the area of impact ordinances and associated
resolutions and in fact proposed many of the changes.
2. That there are two specific land areas involved in
this Application where the Area of Impact boundary would be
expanded from its present boundaries which are 1) extending the
northeast corner of the area of impact to 1/4 mile west of
Cloverdale Road and to 1/4 mile south of McMillan Road and 2)
extending the most westerly portion of the Area of Impact to
McDermott Road; that the other principal provisions of the
Application are to provide that in the unincorporated area of
the Area of Impact the Meridian Comprehensive Plan shall apply,
that within the area of impact but outside the city limits land
use applications shall be governed by the Ada County Zoning and
Subdivisions ordinances; to state that proposed subdivision
plats in Ada County's Rural Transition Zone and in the Meridian
Urban Service Planning Area shall contain a street and utility
easement plan which provides for resubdivision to urban
densities unless a waiver of that requirement is obtained from
the City of Meridian, and that in the Rural Transition Zone of
Ada County and within the Urban Service Planning Area prior to
the issuance of the first building permit, dryline sewer and
water lines must be installed to accommodate future
resubdivision to urban densities unless a written waiver is
granted by the Meridian City Council; that the Application of
IIFINDINGS OF FACT AND CONCLUSIONS OF LAW 2
AMBROSE.
FITZGERALD
6 CROOKSTON
ARwmye YM
CwMMIMS
P.O. Sw 427
MMMIMn. M/a
SSMC
Tamp"" 81"M1
the Planning and Zoning Commission to amend the Area of Impact
Ordinances and the Area of Impact map is hereby incorporated
herein as if set forth in full.
3. That the two specific land parcels of property to
which the extension of the Area of Impact boundary applies are
adjacent to the present Meridian Area of Impact and are zoned by
the County.
4. That the two specific parcels of property to which the
extension of the Area of Impact boundary portion of Application
deals with are presently used for residential acreages, pasture
land and farm ground.
5. That the area between the Meridian City limits and the
city limits of Boise is becoming more and more developed; that
with the development of the area between the two cities, demand
for municipal services will continue to grow; that since the
last amendment to the Area of Impact ordinances in 1984 the
Meridian School district constructed a new high school at the
corner of Cloverdale and McMillan Road and that historically
residential development is encouraged thereby; that the
feasibility of providing sewer service to this area has been
increased in that it has become known that extension of the City
of Meridian's sewer treatment along the South Slough is
possible; that the improvement of Eagle Road from Overland Road
to Fairview Avenue has been completed and it is planned that
that improvement will continue from Fairview Avenue to the City
of Eagle and further; that with the improvement of Eagle Road
FINDINGS OF FACT AND CONCLUSIONS OF LAW 3
AMBROSE,
FITZGERALD
•CROOKSTON
A11orneysY
DamB
P.O. Boa 427
MNMIN, MYw
ma
Tel"hm 6584461
the continued development of the northeastern portion of the
existing Area of Impact is likely; that the City limits of the
City of Meridian already extend to within one-half mile of
Cloverdale Road along Fairview Avenue; that the extension of the
area of impact boundary in this northeast direction is not an
extension further east than the existing boundary but is an
extension to the north and is merely a squaring up of the
boundary.
6. That regarding the extension of the Area of Impact
Boundary on the west to McDermott Road, the Meridian City limits
already extends to Black Cat Road and the residential growth is
continuing in that direction with the continued development of
Cherry Lane Village and Golf View Estates.
7. That Section 67-6526 (b), Idaho Code, requires that in
defining an area of city impact, three factors shall be
considered which are the trade area, geographic factors, and
areas that can reasonably be expected to be annexed to the city
in the future; that the City, when it amended its Area Of Impact
Ordinances in 1984, addressed these three concerns and the
findings pertaining to the above three factors are incorporated
herein as if set forth in full with the following comments; 1)
that Meridian's trade area is extending to the east with the
improvement of Eagle Road; 2) that there are new industrial uses
expanding along Eagle Road and with the improvement of Eagle
Road this expansion is likely to continue; 3) that it is
probable that the intersection of Eagle Road and Fairview
FINDINGS OF FACT AND CONCLUSIONS OF LAW 4
AMBROSE,
FITZGERALD
6 CROOKSTON
Allornep YW
Counselors
P.O. Box 127
MeoOrsn, MMw
BW2
Telephone BBS/167
Avenue, although not developed in any fashion will likely be
developed in the not too distant future; 4) that the 1984
findings were limited to retail trade area and it is found to be
just as important to consider the industrial and commercial
trade area as well and with the industrial expansion along Eagle
Road Meridian's trade area is extending to the east; 5) that
with regard to consideration of the areas that can reasonably be
expected to annexed in the future, the indication that the area
in the northeast likely can be provided sewer service by means
of extension of sewer lines in the South Slough indicates that
this northeastern area is likely to be annexed in the future due
to the growth the area is even now experiencing.
8. That the City of Boise and Ada County entered into
Area of Impact Agreements regarding Boise's Area of Impact,
which agreements set Boise's western boundary of its area of
Impact at one-quarter of a mile west of Cloverdale; that the
extension of Meridian's Area of Impact in the northeast would
not interfere or conflict with Boise's area of impact.
9. That Ada County has rezoned the land within Meridian's
Area of Impact to what the County refers to as Rural
Transition; that this zone allows development of five acre
tracts if the County's ordinances relating to that type of
development and zone are complied with; that the City of
Meridian is concerned that if five acre tract development is
allowed in the Area of Impact, that future sewer problems could
exist as evidenced with the sewer problem that is occurring in
FINDINGS OF FACT AND CONCLUSIONS OF LAW 5
AMBROSE,
FITZGERALD
&CROONBTON
ARome7e And
Counselors
P.O. Box /27
Meridien, Idtlro
83642
17816000e$864461
what is referred to as Southwest Boise Metropolitan Area; that
to avoid similar problems in the Meridian area future planning
of sewer needs and installation of dry sewer lines need to be
provided for and since sewer and water lines are more
efficiently placed in road rights-of-way, it make sense to have
sewer, water and roads planned in advance so that future and
eventual municipal services will be able to be provided to the
area and at the least amount of cost; that there could be
situations where the installation of dry water and sewer lines
and future planning of sewer and water lines and roads is not
necessary and thus it is necessary to have a procedure where
such future planning requirements can be waived.
10. That due to the County changing the zoning of the
unincorporated land in the Area of Impact to the Rural
Transition Zone, which allows development of five acre tracts,
that such a change poses a possible severe impact on land that
is designed to be at some time in the future annexed to the
City; that in order to have more control over that land it is
appropriate to have the Meridian Comprehensive Plan apply to
that area; that Ada County has agreed that Meridian's
Comprehensive Plan shall apply to the area.
11. That these findings of fact have been prepared on a
preliminary basis prior to the public hearing and it may be
necessary to amend these findings on the basis of testimony
submitted at the hearing and the Commission reserves the right
to do so.
FINDINGS OF FACT AND CONCLUSIONS OF LAW 6
AMBROSE,
FITZGERALD
&CROOKSTON
AIMm4,sS M
CouMMa+
P.O. Box 427
MwMhA, MWo
83642
TgNP11a ae"ftl
CONCLUSIONS OF LAW
1. That the requirements of the Local Planning Act,
Title 67, Chapter 65, Idaho Code, including all notice and
hearing requirements have been met; that the Planning and Zoning
Commission has authority to recommend changes to the area of
impact.
2. That the Application was initiated by the Planning and
Zoning Commission with the consent and urging of Ada County and
not by any individual or private entity.
3. That the Commission may take judicial or official
notice of existing conditions in the City, County and State, and
of governmental actions, policies and ordinances and of its own
prior findings in other land use Applications and those of the
City Council.
4. That the function of adopting and amending the Area of
Impact Ordinances is a legislative function mandated by the
Local Planning
Act itself.
Burt vs.
The
City
of Idaho Falls,
105 Idaho 65,
665 P.2d 1075
(1983).
That
even
though this is a
legislative function, the Local Planning Act requires that the
procedures of 67-6509, Idaho Code, be met and thus Findings of
Fact and Conclusions of Law have been prepared.
5. That the Application itself is concluded to meet the
requirements of the Local Planning Act.
6. That it is concluded that there has been significant
FINDINGS OF FACT AND CONCLUSIONS OF LAW 7
changes in the area warranting changes to the Area of Impact
ordinances and map; that a significant change is the change by
the Ada County Commissioners to allow development of five (5)
acre tracts within the unincorporated areas of Ada County; also
the changes along Eagle Road also constitute substantial and
significant changes in the area warranting changes in the Area
of Impact agreement and ordinances..
7. That the Commission concludes that the facts presented
and the officially noticed facts are sufficient to amend the
Area of Impact Ordinances and the Boundary; that the Commission,
since these Conclusions were prepared prior to hearing, reserves
the right to amend these Conclusions to accurately reflect the
testimony
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions of Law.
ROLL CALL:
Commissioner Hepper
Commissioner Rountree
Commissioner Shearer
Commissioner Alidjani
Chairman Johnson (Tie Breaker)
AMSROSE,
FITZGERALD
A CROOKSTON
AIIo eyswd
Counselm FINDINGS OF FACT AND CONCLUSIONS OF LAW 8
P.O.SossZ7
Msdd4n, Who
SSMZ
T* phmIo 8SS4"I
Voted
Voted
Voted
Voted
Voted
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
?commends to the City Council that the Planning and Zoning
ommission's proposed Amendments to the Area of Impact
dinances and Map should be approved and adopted.
ION:
APPROVED:
AMBROSE,
FIMERALD
L CROOKSTON
DISAPPROVED:
AltaMyl YW
CountNae
NDINGS OF FACT AND CONCLUSIONS OF LAW 9
P.O. Sot 427
MwkHon, kWm
80812
TN1ph"468448i
SPECIAL MEETING PLANNING & ZONING
The Special Meeting of the Meridian Planning and Zoning Commission was called to
order by Chairman Jim Johnson at 7:30 P.M.:
Members Present: Tim Hepper, Jim Shearer, Noe Alidjani:
Members Absent: Charlie Rountree:
others Present: K. Beumeler, Dexter King, Joan Priest, Bill Gill, Al & Pat Marion,
Wayne Crookston,
Johnson: our purpose for this Meeting tonight is to consider an application to amend
the Area of Impact ordinances and to discuss a petition to amend the Area of Impact
and associated ordinances. This is a Public Hearing and I will now open the Public
Hearing, is there anyone from the Public who wishes to testify? Being no response
the Public Hearing is closed. Commissioners you have before you two items, the petition
itsself which is really a two part petition, let's start with that, are there any
questions reqarding the petition? There were no questions of the commission.
Explained how the map is now and where the changes would be. The second part of this
petition is basically a, through a series of meetings with Ada County, because
apparently there is pressure from developers and other concerned parties to change
the ordinances so that five acre tracts can be developed. This Amendment to Title
1 Chapter 13 of our Area of Impact addresses that. It makes our changes in our
ordinances to coincide with Ada County and the main purpose of our petition is to
address this issue. There is an addendum to that in order to speed up this process
we've already adopted preliminary Findings of Fact and Conclusions of Law by the
City Attorney, since we've have not had any testimony and our prior discussions
indicate our agreement that would be the second issue we've handled tonight is to
approve the Findings of Fact and Conclusions of Law. At this point we need to address
the Findings.
The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning and
Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions
of Law.
Roll Call Vote: Hepper - Yea; Rountree - Absent; Shearer - Yea; Alidjani - Yea;
MotionCarried: All Yea:
The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning and
Zoning Commission hereby recommends to the City Council that the Planning & Zoning
Commission's proposed Amendments to the Area of Impact Ordinances and Map should be
approved and adopted.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Shearer to adjourn at 7:35 P.M.:
Motion Carried: All Yea:
f\'ISLi11I*1.li
JIM JOHNSON, CHAIRMAN
AMBROSE,
FITZGERALD
&CROOKSTON
ARom"S Yb
Cou",~Ii
P.O. Box 427
MMOMn.Iww
83642
ToNph M8884NI
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CITY OF MERIDIAN'S
OCTOBER 1990 APPLICATION TO AMEND
THE AREA OF IMPACT ORDINANCES
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled application to amend the Meridian Area
of Impact Ordinances having come on for public hearing on
October 30, 1990, at 7:30 o'clock p.m., and the Planning and
Zoning Commission having heard any and all testimony that was
submitted, including the taking of judicial notice of matters of
which it may take judicial notice, and including its knowledge
of existing conditions and prior findings of fact and
conclusions of law adopted on prior amendments to the Area of
Impact Ordinances and Comprehensive Plan amendments and having
duly considered all the evidence, officially noticed evidence
and the facts of the Comprehensive Plan, the Local Planning Act
of 1975, and the Zoning and Subdivision Ordinances of the City
of Meridian, the Planning and Zoning Commission makes the
following:
FINDINGS OF FACT
1. That the Application was submitted by the Planning and
Zoning Commission and is an amendment proposed by the Commission
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1
AMBROSE,
FnMERALD
6 CROOKSTON
ANmnop W4
Counwbn
P.O. Box 127
Mawlen. moo
99542
T64p" 885401
after negotiations with Ada County by members of the Commission
and the City Council; that Ada County is in agreement with the
proposed changes in the area of impact ordinances and associated
resolutions and in fact proposed many of the changes.
2. That there are two specific land areas involved in
this Application where the Area of Impact boundary would be
expanded from its present boundaries which are 1) extending the
northeast corner of the area of impact to 1/4 mile west of
Cloverdale Road and to 1/4 mile south of McMillan Road and 2)
extending the most westerly portion of the Area of Impact to
McDermott Road; that the other principal provisions of the
Application are to provide that in the unincorporated area of
the Area of Impact the Meridian Comprehensive Plan shall apply,
that within the area of impact but outside the city limits land
use applications shall be governed by the Ada County Zoning and
Subdivisions ordinances; to state that proposed subdivision
plats in Ada County's Rural Transition Zone and in the Meridian
Urban Service Planning Area shall contain a street and utility
easement plan which provides for resubdivision to urban
densities unless a waiver of that requirement is obtained from
the City of Meridian, and that in the Rural Transition Zone of
Ada County and within the Urban Service Planning Area prior to
the issuance of the first building permit, dryline sewer and
water lines must be installed to accommodate future
resubdivision to urban densities unless a written waiver is
granted by the Meridian City Council; that the Application of
FINDINGS OF FACT AND CONCLUSIONS OF LAW 2
AMBROSE.
FITZOERALO
6 CROOKSTON
Attorneys and
Counvok"
P.O. Boa 427
MWMMo, Who
82!42
TGIlph 9104461
the Planning and Zoning Commission to amend the Area of Impact
Ordinances and the Area of Impact map is hereby incorporated
herein as if set forth in full.
3. That the two specific land parcels of property to
which the extension of the Area of Impact boundary applies are
adjacent to the present Meridian Area of Impact and are zoned by
the County.
4. That the two specific parcels of property to which the
extension of the Area of Impact boundary portion of Application
deals with are presently used for residential acreages, pasture
land and farm ground.
5. That the area between the Meridian City limits and the
City limits of Boise is becoming more and more developed; that
with the development of the area between the two cities, demand
for municipal services will continue to grow; that since the
last amendment to the Area of Impact ordinances in 1984 the
Meridian School district constructed a new high school at the
corner of Cloverdale and McMillan Road and that historically
residential development is encouraged thereby; that the
feasibility of providing sewer service to this area has been
increased in that it has become known that extension of the City
of Meridian's sewer treatment along the South Slough is
possible; that the improvement of Eagle Road from Overland Road
to Fairview Avenue has been completed and it is planned that
that improvement will continue from Fairview Avenue to the City
of Eagle and further; that with the improvement of Eagle Road
FINDINGS OF FACT AND CONCLUSIONS OF LAW 3
AMBROSE,
FITZGERALD
B CROOKSTON
ANam"Sa18
OoimoNao
F.O. Box 427
MorMin, MMo
33!42
TMopho 8864407
the continued development of the northeastern portion of the
existing Area of Impact is likely; that the City limits of the
City of Meridian already extend to within one-half mile of
Cloverdale Road along Fairview Avenue; that the extension of the
area of impact boundary in this northeast direction is not an
extension further east than the existing boundary but is an
extension. to the north and is merely a squaring up of the
boundary.
6. That regarding the extension of the Area of Impact
Boundary on the west to McDermott Road, the Meridian City limits
already extends to Black Cat Road and the residential growth is
continuing in that direction with the continued development of
Cherry Lane Village and Golf View Estates.
7. That Section 67-6526 (b), Idaho Code, requires that in
defining an area of city impact, three factors shall be
considered which are the trade area, geographic factors, and
areas that can reasonably be expected to be annexed to the city
in the future; that the City, when it amended its Area Of Impact
Ordinances in 1984, addressed these three concerns and the
findings pertaining to the above three factors are incorporated
herein as if set forth in full with the following comments; 1)
that Meridian's trade area is extending to the east with the
improvement of Eagle Road; 2) that there are new industrial uses
expanding along Eagle Road and with the improvement of Eagle
Road this expansion is likely to continue; 3) that it is
probable that the intersection of Eagle Road and Fairview
FINDINGS OF FACT AND CONCLUSIONS OF LAW 4
AMBROSE.
FITZOERALO
S CROOKSTON
ARmMp &nd
counMa.
P.O. Sm 427
Mwwlan, w.nn
SJMZ
T*WMA SSSNSi
Avenue, although not developed in any fashion will likely be
developed in the not too distant future; 4) that the 1984
findings were limited to retail trade area and it is found to be
just as important to consider the industrial and commercial
trade ar-ea as well and with the industrial expansion along Eagle
Road Meridian's trade area is extending to the east; 5) that
with regard to consideration of the areas that can reasonably be
expected to annexed in the future, the indication that the area
in the northeast likely can be provided sewer service by means
of extension of sewer lines in the South Slough indicates that
this northeastern area is likely to be annexed in the future due
to the growth the area is even now experiencing.
8. That the City of Boise and Ada County entered into
Area of Impact Agreements regarding Boise's Area of Impact,
which agreements set Boise's western boundary of its area of
Impact at one-quarter of a mile west of Cloverdale; that the
extension of Meridian's Area of Impact in the northeast would
not interfere or conflict with Boise's area of impact.
9. That Ada County has rezoned the land within Meridian's
Area of Impact to what the County refers to as Rural
Transition; that this zone allows development of five acre
tracts if the County's ordinances relating to that type of
development and zone are complied with; that the City of
Meridian is concerned that if five acre tract development is
allowed in the Area of Impact, that future sewer problems could
exist as evidenced with the sewer problem that is occurring in
FINDINGS OF FACT AND CONCLUSIONS OF LAW 5
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Cou."lors
P.O. Box 127
Moldlen, Idaho
83642
Tebplwne 8884181
what is referred to as Southwest Boise Metropolitan Area; that
to avoid similar problems in the Meridian area future planning
of sewer needs and installation of dry sewer lines need to be
provided for and since sewer and water lines are more
efficiently placed in road rights-of-way, it make sense to have
sewer, water and roads planned in advance so that future and
eventual municipal services will be able to be provided to the
area and at the least amount of cost; that there could be
situations where the installation of dry water and sewer lines
and future planning of sewer and water lines and roads is not
necessary and thus it is necessary to have a procedure where
such future planning requirements can be waived.
10. That due to the County changing the zoning of the
unincorporated land in the Area of Impact to the Rural
Transition Zone, which allows development of five acre tracts,
that such a change poses a possible severe impact on land that
is designed to be at some time in the future annexed to the
City; that in order to have more control over that land it is
appropriate to have the Meridian Comprehensive Plan apply to
that area; that Ada County has agreed that Meridian's
Comprehensive Plan shall apply to the area.
11. That these findings of fact have been prepared on a
preliminary basis prior to the public hearing and it may be
necessary to amend these findings on the basis of testimony
submitted at the hearing and the Commission reserves the right
to do so.
FINDINGS OF FACT AND CONCLUSIONS OF LAW 6
AMBROSE.
FITZGERALD
6 CROOKSTON
ABorm,a YM
Cam..ar.
P.O. Bo. 427
Merld n, MMo
$3642
TGNP�858MSi
CONCLUSIONS OF LAW
1. That the requirements of the Local Planning Act,
Title 67, Chapter 65, Idaho Code, including all notice and
hearing requirements have been met; that the Planning and Zoning
Commission has authority to recommend changes to the area of
impact.
2. That the Application was initiated by the Planning and
Zoning Commission with the consent and urging of Ada County and
not by any individual or private entity.
3. That the Commission may take judicial or official
notice of existing conditions in the City, County and State, and
of governmental actions, policies and ordinances and of its own
prior findings in other land use Applications and those of the
City Council.
4. That the function of adopting and amending the Area of
Impact Ordinances is a legislative function mandated by the
Local Planning Act itself. Burt vs. The City of Idaho Falls,
105 Idaho 65, 665 P.2d 1075 (1983). That even though this is a
legislative function, the Local Planning Act requires that the
procedures of 67-6509, Idaho Code, be met and thus Findings of
Fact and Conclusions of Law have been prepared.
5. That the Application itself is concluded to meet the
requirements of the Local Planning Act.
6. That it is concluded that there has been significant
FINDINGS OF FACT AND CONCLUSIONS OF LAW 7
changes in the area warranting changes to the Area of Impact
ordinances and map; that a significant change is the change by
the Ada County Commissioners to allow development of five (5)
acre tracts within the unincorporated areas of Ada County; also
the changes along Eagle Road also constitute substantial and
significant changes in the area warranting changes in the Area
of Impact agreement and ordinances..
7. That the Commission concludes that the facts presented
and the officially noticed facts are sufficient to amend the
Area of Impact Ordinances and the Boundary; that the Commission,
since these Conclusions were prepared prior to hearing, reserves
the right to amend these Conclusions to accurately reflect the
testimony
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions of Law.
ROLL CALL:
Commissioner Hepper
Commissioner Rountree
Commissioner Shearer
Commissioner Alidjani
Chairman Johnson (Tie Breaker)
AMBROSE,
FITZOERALD
&CROOBBTON
AttaMys nM
C^amm FINDINGS OF FACT AND CONCLUSIONS OF LAW 8
R.O. Box 427
MWWW.WNo
WNZ
TNpImM SN"461
Voted
Voted
Voted
Voted
Voted
AMBROSE.
FR2OERALD
B CROOKSTON
ARem171 wW
CooRMt M
P.O. Bot 127
MOMMo. MYa
83942
TOMPh 8804161
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
ecommends to the City Council that the Planning and Zoning
ommission's proposed Amendments to the Area of Impact
dinances and Map should be approved and adopted.
ION:
APPROVED:
DISAPPROVED:
[INDINGS OF FACT AND CONCLUSIONS OF LAW 9
October 22, 1990
Mayor Dirk Kempthorne
Boise City Council
P.O. Box 500
Boise, Idaho 83701
Honorable Mayor d Council,
The City of Meridian received your letter dated October Be 1990
in regards to the expansion of our Area of Impact and asking our
position on CP -2-90. As we did not have any correspondance from
you prior to this letter we have already published and scheduled
a Public Hearing on this change for October 31, 1990 at 7:30
P.M.. In conjunction with this the County has also scheduled a
Public Hearing for November 89 1990.
We have not had sufficient time to review the CP -2-90 request and
if anything was forwarded to the City of Meridian regarding this
it has been misplaced. Please forward the information on this
request so the City Council members can review and make a
decision.
We would be more than willing to meet with the representative of
Boise City to discuss these two matters. Please contact Jack
Niemann at 888-4433 to set up a time and place for this meeting.
Sincerely
Grant Kingsford
Mayor
pc: Ada County Commissioners
Meridian City Council
HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS
COUNCILMEN
JACK NEMAN
as er
ROE
JANICEIGASS.T
CITY OF MERIDIAN
BERT MYERSA
BRUCE D. STUART, Water Works Supt.
ROBERT GIESLER
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
MAX YERRINGTON
EARL WARD. Waste Water Supt.
MERIDIAN, IDAHO 83642
KENNY BOWERS, Fire Chief
Chairman Zoning a Planning
BILL GORDON, Pollee Chief
Phone 688.4433
JIM JOHNSON
GARY SMITH, City Engineer
GRAM P. KINGSFORD
Mayor
October 22, 1990
Mayor Dirk Kempthorne
Boise City Council
P.O. Box 500
Boise, Idaho 83701
Honorable Mayor d Council,
The City of Meridian received your letter dated October Be 1990
in regards to the expansion of our Area of Impact and asking our
position on CP -2-90. As we did not have any correspondance from
you prior to this letter we have already published and scheduled
a Public Hearing on this change for October 31, 1990 at 7:30
P.M.. In conjunction with this the County has also scheduled a
Public Hearing for November 89 1990.
We have not had sufficient time to review the CP -2-90 request and
if anything was forwarded to the City of Meridian regarding this
it has been misplaced. Please forward the information on this
request so the City Council members can review and make a
decision.
We would be more than willing to meet with the representative of
Boise City to discuss these two matters. Please contact Jack
Niemann at 888-4433 to set up a time and place for this meeting.
Sincerely
Grant Kingsford
Mayor
pc: Ada County Commissioners
Meridian City Council
October 8, 1990
Mayor Grant Kingsford
Meridian City Council
33 East Idaho
Meridian, Idaho 83642
Honorable Mayor and Council:
COMMUNITY PLANNING &
DEVELOPMENT DEPARTMENT
150 NORTH CAPITOL BLVD.
2ND FLOOR
(208) 384-4366
Thank you for the letter from Jack Nieman dated August 30, 1990, asking for our
comments on the proposed expansion of the Meridian Area of City Impact boundary.
We appreciate the opportunity to comment. We very much want to continue the
close cooperative working relationship we've shared with Meridian these past
five years. Both cities have benefited economically from this relationship.
On October 2, 1990, the Boise City Council voted to approve CP -2-90, the
application by Mike Caven to expand the Boise Urban Service Planning Area and
the Boise Area City Impact to include the 80 acres just west of the Centennial
High School. The County Commissioners have been asked to approve CP -2-90
(letter attached). We've heard that you do not oppose this amendment. Is
this the official position of the Meridian City Council?
At the same time, the Boise City Council gave some preliminary feedback on the
proposed Meridian Area of City Impact expansion. We need to discuss and
explore your needs and our need. It would be benefical to have a meeting with
you or a representative from your office and one or two members of our City
Councils.
Recently, increasing pressure has been put on the City of Boise to expand our
Urban Service Planning Area toward Eagle Road. If it becomes evident that
action would aid our economic development efforts, we would be very interested.
The ecomonic development efforts of Boise City have been targeted to benefit the
entire Treasure Valley, including several business locations in Meridian.
The Boise City Council felt the ultimate Area of City Impact for Boise should
take into consideration our ability to provide sewer service and public safety
services, especially fire protection. Other than the Cavin request, we have not
proposed a specific boundary at this time.
We are confident Meridian and Boise can agree upon a mutually beneficial course
of action. Once we've reached an agreement on our respective Area of City
Impacts, the Ordinance amerKbients can then be submitted to the Board of Ada
County Commissioners for public hearing and adoption.
POST OFFICE BOX 500 • BOISE. IDAHO 8 3 7 0 1
AN EQUAL OPPORTUNITY EMPLOYER
Page 2
Thank you for considering this proposal. We look forward to meeting with you
soon.
r
Sincerely,
Dirk Kempthorne
Mayor of Boise City
DK/ib
cc: Boise city Council
Dave Abo, Ada County Development Services
H. Wayne Gibbs. Community Planning and Development
Bill Ancell, Boise Public Works
Chief Fraijo, Boise Fire DeparbTent
Lan Smith, Boise Fire Department
County Commissioners
ORDINANCE NO. 212
AN ORDINANCE AMENDING THE ADA COUNTY CODE, TITLE 8, THE ZONING ORDINANCE,
RELATIVE TO AGRICULTURAL ZONES AND RURAL AREAS, TO IMPLEMENT CHANGES TO THE
RURAL AREAS SECTION OF THE ADA COUNTY COMPREHENSIVE PLAN ADOPTED OCTOBER 24,
1989.
THIS ORDINANCE AMENDMENT INCLUDES THE FOLLOWING:
AMENDS SECTION 8-1-9 TO CLARIFY THAT ZONING CERTIFICATES AND OCCUPANCY
PERMITS, SIGNED BY THE DIRECTOR, ARE REQUIRED FOR ALL BUILDINGS AND
STRUCTURES EXCEPT AGRICULTURAL OUT -BUILDINGS.
AMENDS CHAPTER 2 TO DELETE THE FOLLOWING 10 DEFINITIONS, "ACREAGE",
"AGRICULTURAL LAND/FARM", "COMMERCIAL FEED LOT OR YARD", "COMMERCIAL
GREENHOUSES AND NURSERIES", "FARM USE", "FARMER", "FARMSTEAD", "HOME
OCCUPATION, FARM", "NONTILLABLE LAND", "POULTRY SLAUGHTERHOUSE OR POULTRY
PACKING PLANT"; TO AMEND THE FOLLOWING 10 DEFINITIONS, "ACCESSORY USE OR
STRUCTURE", "AGRICULTURAL OUT-BUILDINGu "AGRICULTURAL SERVICE ESTABLISHMENT",
"AGRICULTURE AND AGRICULTURAL PURPOSES", "COMMERCIAL MEAT PACKING
FACILITIES", "COMMERCIAL SLAUGHTERHOUSE AND MEAT PACKING FACILITIES", "DAIRY
FARM", "DISTILLATION FUEL PLANTS", "DOMESTIC LIVESTOCK", "NON-FARM
DEVELOPMENT"; AND TO ADD THE FOLLOWING 10 DEFINITIONS, "AGRICULTURAL LAND,
PRIME", "FARM", "FEED LOT OR STOCK YARD", "GREENHOUSE", "NURSERY", "OPEN
SPACE AREA", "OPEN SPACE RATIO", "ROADSIDE STAND", "SHOOTING RANGE", "SOLID
SURFACE AREA".
THE DEFINITION OF "AGRICULTURAL LAND, PRIME" IS LAND WHICH IS PARTICULARLY
WELL SUITED TO AGRICULTURAL PURPOSES DUE TO CHARACTERISTICS WHICH SHALL
INCLUDE: SOIL TYPE (IRRIGATED SOIL CAPABILITY CLASSES I, II OR III), ACCESS
TO AN EXISTING IRRIGATION SYSTEM, AND SLOPE LESS THAN 5%, PLUS ONE OR BOTH OF
THE FOLLOWING: MORE THAN 40 ACRES OF LAND WITH IRRIGATED CLASSES I, II OR
III SOIL, OR COMPATIBILITY OF ADJACENT USES (MAJORITY OF CONTIGUOUS PARCELS
USED FOR AGRICULTURAL PURPOSES, INCLUDING PARCELS DIRECTLY ADJACENT TO THAT
PORTION OF ANY RIGHTS OF WAY WHICH BORDER THE SUBJECT PROPERTY); "FARM" IS A
PARCEL OF LAND USED FOR AGRICULTURAL PURPOSES, THAT IS GREATER THAN 5 ACRES
IN SIZE; THE DEFINITION OF "COMMERCIAL GREENHOUSES AND NURSERIES" WAS DELETED
AND REPLACED BY SEPARATE DEFINITIONS OF "GREENHOUSE" AND "NURSERY";
"NON-FARM DEVELOPMENT" IS A PARCEL OF LAND WHICH IS UTILIZED FOR LIMITED
RESIDENTIAL DEVELOPMENT (NON-FARM RESIDENTIAL), AS PROVIDED FOR IN SECTION
8-4B-6, COMMERCIAL (NON-FARM COMMERCIAL) OR INDUSTRIAL (NON-FARM INDUSTRIAL)
USES WHICH ARE DEPENDENT ON A RURAL SETTING AND WHICH WILL ENHANCE THE
COUNTY'S ECONOMIC GROWTH, AS PROVIDED FOR IN SECTION 8-4B-7; "OPEN SPACE
AREA" IS A PORTION OF A DEVELOPMENT WHICH REMAINS PREDOMINATELY UNDEVELOPED
AND WHICH MAY INCLUDE NATURAL RESOURCE AREAS, AND MAY ALSO INCLUDE DESIGNATED
PUBLIC AND PRIVATE STREETS; "OPEN SPACE RATIO" IS THE OPEN SPACE AREA DIVIDED
BY THE TOTAL SITE AREA PROPOSED IN THE APPLICATION; AND "SOLID SURFACE AREA"
IS A PORTION OF A DEVELOPMENT WHIM IS OCCUPIED BY SOLID SURFACES INCLUDING
ALL BUILDING AREAS, ANY PAVED, TILED, GRAVELED OR OTHERWISE HARD SURFACED
AREAS, DRIVEWAYS, ROAD RIGHTS OF WAY, PARKING AREAS, AND ANY OTHER AREA USED
FOR VEHICULAR TRAFFIC REGARDLESS OF ITS SURFACING MATERIAL.
AMENDS THE AP -1 ZONE TO BE THE NEW RP, RURAL PRESERVATION, ZONE WITHIN THOSE
AREAS IDENTIFIED ON THE FOLLOWING MAP IDENTIFIED AS EXHIBIT "A". AMENDS THE
PURPOSE SECTION TO ESTABLISH THAT THE RP ZONE COVERS AGRICULTURAL LANDS,
WILDLIFE MANAGEMENT AREAS, FOOTHILLS, PUBLIC LANDS AND RANGELANDS; TO
ESTABLISH THAT THESE AREAS TYPICALLY LACK BASIC PUBLIC SERVICES, SUCH AS
PUBLIC STREET ACCESS AND FIRE PROTECTION, AND THEREFORE ARE NOT SUITABLE FOR
URBAN DEVELOPMENT; TO ESTABLISH THAT THE STANDARDS OF THE ZONE ARE DESIGNED
TO PRESERVE A RURAL ENVIRONMENT AND PROTECT AGRICULTURAL OPERATIONS AND
NATURAL RESOURCES. AMENDS PRINCIPAL PERMITTED, ACCESSORY AND CONDITIONAL
USES BY DELETING "ELECTRICAL SUBSTATIONS" AS A PRINCIPAL PERMITTED USE AND
"DISTILLATION FUEL PLANTS" AS AN ACCESSORY USE, AND ADDING THEM AS
CONDITIONAL USES; DELETING AS CONDITIONAL USES: "MAUSOLEUMS AND CREMATORIES",
"COMMERCIAL SHOP", "HOME OCCUPATION, FARM", AND "MORTUARIES"; "RESIDENCES,
FARMS", "RESIDENCES, NON-FARM", ARE ALSO DELETED AS CONDITIONAL USES AS THEY
ARE NOT NECESSARY GIVEN THE NEW LOT SIZES, ONE -ACRE LOT AND TEMPORARY LIVING
QUARTER PROVISIONS; "NON -ACCESSORY, OFF -PREMISES SIGNS" IS ALSO DELETED AS A
CONDITIONAL USE AS THIS ZONE IS ESTABLISHED FOR RURAL PRESERVATION. AMENDS
THE ONE -ACRE LOT SECTION TO CLARIFY PRIVATE ROAD ACCESS REQUIREMENTS FOR
ONE -ACRE LOTS.
ADDS NEW RR, RURAL RESIDENTIAL, ZONE WITHIN THOSE AREAS IDENTIFIED ON THE
FOLLOWING MAP IDENTIFIED AS EXHIBIT "A". ADDS A PLANNED DEVELOPMENT
RESIDENTIAL (PDR) SECTION TO ESTABLISH THAT AN APPLICATION FOR SUBDIVISION OF
LAND RESULTING IN MORE THAN 5 LOTS, WHERE THE MINIMUM LOT SIZE IS 10 ACRES,
REQUIRES A PDR. ADDS A PURPOSE SECTION PROVIDING THAT THE RR ZONE COVERS
AGRICULTURAL LANDS AND AREAS WHICH HAVE SOME BASIC PUBLIC SERVICES, SUCH AS
PUBLIC STREET ACCESS AND FIRE PROTECTION; TO ESTABLISH THAT THESE AREAS ARE
NOT SUITABLE FOR AND CANNOT SUPPORT URBAN DEVELOPMENT, HOWEVER THAT LIMITED
RESIDENTIAL DEVELOPMENT WHICH MAINTAINS A RURAL ENVIRONMENT MAY BE ALLOWED.
ADDS PRINCIPAL PERMITTED, ACCESSORY, CONDITIONAL AND PROHIBITED USE SECTIONS
WHICH PROVIDE LISTS OF USES CONSISTENT WITH THE PURPOSE SECTION OF THE ZONE;
NOTABLY, RETAIL SALES ARE SPECIFICALLY PROHIBITED UNLESS ASSOCIATED WITH THE
USES PROVIDED FOR IN THE PRINCIPAL PERMITTED, ACCESSORY OR CONDITIONAL USE
SECTIONS.
ADDS A NON-FARM DEVELOPMENT -RESIDENTIAL SECTION TO THE RR ZONE WHICH PROVIDES
FOR RESIDENTIAL DEVELOPMENT AT A GROSS DENSITY OF 1 DWELLING UNIT PER 5
ACRES, PROVIDED THE APPLICATION COMPLIES WITH THE PROVISIONS OF THIS CODE;
ESTABLISHES A PURPOSE SECTION WHICH STATES THAT THE PURPOSE OF THE NON-FARM
DEVELOPMENT - RESIDENTIAL IS TO ENCOURAGE THE DESIGNATION AND MAINTENANCE OF
OPEN SPACE AREA, WHICH ENHANCES THE RURAL ENVIRONMENT, BY AUTHORIZING THE
APPLICANT TO DECREASE BUILDING LOT SIZES IN A LIMITED PORTION OF THE
DEVELOPMENT; ESTABLISHES A MINIMUM REQUIREMENTS SECTION WHICH STATES THAT A
MINIMUM 20 ACRE SITE IS REQUIRED FOR APPLICATION, THAT NO LOT SHALL BE LESS
THAN ONE ACRE, THAT THE DEVELOPMENT MUST COMPLY WITH ALL APPLICABLE COUNTY,
STATE AND FEDERAL REGULATIONS AND THE RURAL AREAS SECTION OF THE COUNTY
COMPREHENSIVE PLAN AND BE INSIDE A FIRE PROTECTION DISTRICT, ESTABLISHES A
FINDINGS SECTION WHICH STATES THAT THE BOARD AND COMMISSION MUST SPECIFICALLY
FIND PRIOR TO APPROVAL THAT THE APPLICATION IS NOT INCOMPATIBLE WITH ADJACENT
FARM USES, UTILIZES INNOVATIVE SITE PLANNING WHICH PRESERVES A RURAL
ENVIRONMENT, ASSURES THAT PRIME AGRICULTURAL LAND IS NOT UNDULY DISRUPTED,
DOES NOT CAUSE SERIOUS DETRIMENTAL ENVIRONMENTAL IMPACTS, DOES NOT REQUIRE
EXCESSIVE EXPANSION OF PUBLIC SERVICES, AND PROTECTS GRAVITY FLOW IRRIGATION
SYSTEMS; ESTABLISHES A PROCEDURE SECTION WHICH STATES THAT THE APPLICATION IS
PROCESSED AS A PDR AND LISTS INFORMATION TO BE SUBMITTED BY THE APPLICANT AT
TIME OF APPLICATION, INCLUDING PLANS, MAPS AND SITE ANALYSES; ESTABLISHES A
DESIGN AND DEVELOPMENT STANDARDS SECTION WHICH REQUIRES THAT 75% OF THE TOTAL
SITE AREA COMPRISE AN OPEN SPACE AREA THAT MAY NOT BE SEPARATELY SUBDIVIDED
OR DEVELOPED EXCEPT AS SPECIFICALLY PROVIDED, AND FURTHER SPECIFIES THAT AN
OPEN SPACE AREA PLAN SHALL BE SUBMITTED WHICH INCLUDES REFERENCE TO THE
SPECIFIC TYPES OF OPEN SPACE AND MAINTENANCE PROVISIONS WHICH ARE ACCEPTABLE;
SPECIFIES THE FOLLOWING TYPES OF OPEN SPACE AND THE REQUIRED MAINTENANCE AS,
1) NATURAL AREAS SUCH AS WOODLANDS, FOOTHILLS AND WETLANDS, MAINTENANCE
LIMITED TO REMOVAL OF LITTER, PLANT MATERIALS, AND BRUSH, 2) PRIME
AGRICULTURAL LAND OR OTHER AREAS USED FOR AGRICULTURAL PURPOSES, MAINTENANCE
NORMALLY ASSOCIATED WITH AGRICULTURAL OPERATION, 3) GARDEN PLOTS, MAINTENANCE
LIMITED TO WEEDING AND FALLOWING, 4) RECREATIONAL AREAS DESIGNED FOR
SPECIFIC, ACTIVE RECREATIONAL USES ACCESSIBLE TO RESIDENTS OF THE
DEVELOPMENT, INSURING THAT THERE ARE NO HAZARDS, NUISANCES, OR UNHEALTHY
CONDITIONS, AND PROVISION OF OTHER APPROPRIATE MAINTENANCE, 5) GREENWAYS
LINKING RESIDENTIAL AREAS WITH OTHER OPEN SPACE AREAS, SUCH AS BICYCLE PATHS,
FOOTPATHS, AND BRIDLE PATHS, MAINTENANCE INCLUDES REMOVAL AND AVOIDANCE OF
HAZARDS, NUISANCES, OR UNHEALTHY CONDITIONS, 6) LAWNS OR GROUNDCOVER, WITH OR
WITHOUT TREES, MAINTENANCE LIMITED TO MOWING AND CLIPPING TO INSURE NEATNESS,
7) PUBLIC AND PRIVATE STREETS LIMITED TO SERVING RESIDENTIAL AND OPEN SPACE
AREAS AND DESIGNED TO RETAIN THE RURAL CHARACTER, WITH THE PROVISION OF
APPROPRIATE MAINTENANCE; SPECIFIES THAT ALL OPEN SPACE SHALL BE OF A USABLE
SIZE AND DIMENSION; SPECIFIES THAT NO MORE THAN 10% OF THE OPEN SPACE SHALL
BE SOLID SURFACE AREA; SPECIFIES METHODS OF PRESERVING AND MAINTAINING OPEN
SPACE AREA TO INCLUDE 1) DEDICATION TO ADA COUNTY OR AN APPROPRIATE PUBLIC
AGENCY, 2) COMMON OWNERSHIP BY A HOMEOWNER'S ASSOCIATION OR PRIVATE
NON-PROFIT FOUNDATION WHICH ASSUMES MAINTENANCE RESPONSIBILITY, 3) DEDICATION
OF DEVELOPMENT RIGHTS TO A PUBLIC AGENCY WITH OWNERSHIP AND MAINTENANCE
RESPONSIBILITY RESTING WITH THE PROPERTY OWNER, 4) DEED RESTRICTED PRIVATE
OWNERSHIP AND MAINTENANCE RESPONSIBILITY; SPECIFIES THAT ADA COUNTY MAY, IN
ACCORDANCE WITH THE OPEN SPACE PLAN AND FOLLOWING REASONABLE NOTICE, DEMAND
THAT THE DEFICIENT MAINTENANCE BE CORRECTED AND ENTER THE OPEN SPACE TO
MAINTAIN SAME AND THE COST SHALL BE CHARGED TO THOSE PERSONS HAVING THE.
PRIMARY RESPONSIBILITY FOR OPEN SPACE MAINTENANCE; ESTABLISHES THAT THE
MAXIMUM LOT COVERAGE FOR NON-FARM DEVELOPMENT -RESIDENTIAL SHALL BE 20%;
ESTABLISHES FRONTAGE AND ACCESS REQUIREMENTS, WHICH INCLUDE: REQUIRED 100'
FRONTAGE ON PUBLIC STREET OR APPROVED PRIVATE STREET ACCESS, AND RESTRICTIONS
ON FRONTAGE ON COLLECTORS AND ARTERIALS. ADDS A NON-FARM DEVELOPMENT -
COMMERCIAL AND/OR INDUSTRIAL SECTION TO THE RR ZONE WHICH INCLUDES A PURPOSE
SECTION SPECIFYING THAT THIS PROCEDURE IS INTENDED TO ENCOURAGE COMMERCIAL OR
INDUSTRIAL USE WHICH MAY NOT OTHERWISE BE PROVIDED FOR, WHICH IS DEPENDENT ON
A RURAL SETTING, AND WHICH WILL ENHANCE THE COUNTY'S ECONOMIC GROWTH;
ESTABLISHES A USES SECTION WHICH SPECIFIES THAT THIS PROVISION DOES NOT APPLY
TO THE LISTED PRINCIPAL PERMITTED, ACCESSORY AND CONDITIONAL USES OF THE ZONE
NOR DOES IT SUPERSEDE PROHIBITED USE OF THE ZONE; ESTABLISHES A MINIMUM
REQUIREMENTS SECTION WHICH STATES THAT THE DEVELOPMENT BE DEPENDENT ON A
RURAL SETTING, ENHANCE THE COUNTY'S ECONOMIC GROWTH, HAVE ACCESS ON A PUBLIC
STREET, COMPLY WITH THE DESIGN AND DIMENSIONAL STANDARDS OF THE ZONE AND THE
RURAL AREA SECTION OF THE COUNTY COMPREHENSIVE PLAN; ESTABLISHES A FINDINGS
SECTION CROSS-REFERENCING THE FINDINGS OF THE NON-FARM
Meridian Comprehensive Plan
RURAL AREAS
aefinipien- Land covered by this policy section has characteristics which
generally allow for agricultural activity due to the existence of irrigation
systems, soil characteristics and relative freedom from conflicting urban
land uses. Agricultural activity includes cultivation --s , pasturing,
grazing, crop production, dairy and feedlot operations and related
activities. It is intended that these land be kept in argrieti}tura}
agricultural production as long as economically feasible; however, where
community growth needs and increase d traffic at access points, creates
pressure for new industrial-er-eemmnereia} development, it must be recognized
that such land can no longer economically continue to be identified or used
as agricultural land to the exuisien exclusion of orderly growth and
development.
POLICIES
1. The Meridian Comprehensive Plan and-the-Meridian-Seeing-and-Sabdieisien
erdinanee shall apply in the rural areas which are outside Meridian's
Hrban-Sereiee-?}anning-Area City Limits and within the Meridian L,-npaet
Area Area of City I¢ act.
2. The-Meridian-eemprehensive-P}an-Pelie}es-and-the-Meridian-Bening-and
Snbdieisien-erdinnnees-she}}-epp}y-in-the-rtirn}-areas-of-tke-Hrban
Sereiee-Planning-Area- Within the rural areas the City of Meridian wil
work closely with Ada County and together establish an Area of City
in accordance wirn aii appiieayle wLuvl
3. Although it is recognized that urbanized development does exist within
the rural areas of the Hrban-Seryiee-Planning-Aron Area of City Imoact,
the rural lands should be kept in agricultural production as long as
possible until diternatiee urban services (municipal sewer and water
facilities and other essential services) can be necemmednted-thretigh
planned-eenmmnity-serviees provided as part of the City's capital
improvement program.
4
Uses- ia- the- Lara}-areas-ef-the-Hrban-Seraiee-Planning-Area-net-schedtiled
£er-urban-seraiees-fmm�ieipnl-sewer-and-water-£aei}it}es-and-ether
essential-serviees3-shenld-be-nnintained-in-ngrietilttirn}-use-anti}-Stich
}and-kes-been-identified-es-part-e£-n-cit7-capita}-ieipredement-pregrnm
ould be
S. gassy Commerce °d industrial wand woulddonlvobeeconsidered i
discouraged in the rural areas,
___ .,.....r;Aed and development was consiste
6, Recreational uses which are compatible with agricultural pursuits in -the
recreationala€-es which are area may be permitted in the rural areas.
7. Schools and churches and certain aublic uses may be permitted, as they
are may be necessary to serve the rural community.
9-4-1
9-4-3
CHAPTER 4
MERIDIAN AREA OF CITY IMPACT
SECTION:
9-4-1: Meridian Area of City Impact Boundary
9-4-2: Annexation, Area of Impact
9-4-3: Applicable Plan Policies and Ordinances
9-4-4: Coordination of Plan Amendments, Ordinance Amendments and Zoning
Applications
9-4-5: Renegotiation
9-4-1: MERIDIAN AREA OF CITY IMPACT BOUNDARY:
A. The Meridian Area of City Impact is the area designated on the Meridian Area
of City Impact Boundary Map, hereby fully incorporated by reference, copies
of which are available for inspection at the Ada County Department of Develop-
ment Services.
a. Avucwx z Tn lo i --e v . ✓ a a_a,.v
case a property under single ownership is divided by the boundary line of
the Meridian Area of City Impact and the line divides such property so that
one or both of the parts has a depth of three hundred feet (300') or less, such
part may be included in the jurisdiction within which the remainder and larger
portion of the property is located. (Ord. 136, 10-17-84; amd. Ord. 137,
10-17-84; amd. Ord. 161, 12-10-86)
9-4-2: ANNEXATION, AREA OF IMPACT:
A. Annexation by the City of Meridian shall be limited to those lands lying within
the area of impact and being contiguous to the boundaries of the City of
Meridian.
B. Upon annexation, the provisions of this agreement shall no longer apply to the
annexed area.
9-4-3: APPLICABLE PLAIN POLICIES AND ORDINANCES:
12BB
9-4-3
9-4-5
MMdtawl as i r re4 .f k_- a*v%ae cleA- Svvw hw�
A. The
omprehensive Plan - Rural ArealSection
ty as ef May shall apply to the Meridian Area of City Impact.
B. Presently zoned lands shall be allowed to develop in accordance with develop-
ment standards contained in the Ada County Zoning Ordinance.
C. All subdivision plats, situated within the area of impact, shall be submitted to
the City of Meridian for approval, in addition to Ada County approval, as pro-
vided in Idaho Code section 50-1306.
D. The Ada County Zoning Ordinance' shall be used to implement this Chapter.
9-4-4: COORDINATION OF PLAN ANIENDMENTS, ORDINANCE ANIEND-
MENTS AND ZONING APPLICATIONS:
A. All applications for County and City amendments to their respective Comprehen-
sive Plans and implementing ordinances which apply within the Meridian Area
of City Impact shall be sent by the entity considering such amendment to the
other entity. A separate Referral Process shall be adopted by resolution by each
entity regarding procedures and time periods for, and the effect of, sending
such amendments, and such resolution may be amended from time to time
upon mutual agreement in writing by Ada County and the City of Meridian.
3. All County applications for planned developments, subdivisions, rezones, and
conditional use permits within the Meridian Area of City Impact shall be sent
to Meridian, in accordance with the Referral Process arrived at pursuant to
subsection A above.
9-4-5: RENEGOTIATION:
A. In accordance with Idaho Code 67-6526(d), the Meridian City Council or the
Board of Ada County Commissioners may request, in writing, renegotiation of
any provision of this Chapter at any time. Within thirty (30) days of receipt
of such written request by either party, a meeting between the two (2) jurisdic-
tions shall occur.
B. While renegotiation is occurring, all provisions of this Chapter shall remain in
effect until this Chapter is amended or a substitute ordinance is adopted by
Meridian and Ada County, in accordance with the notice and hearing procedures
provided in title 67, chapter 65 of Idaho Code, or until a declaratory judgment
from the District Court is final. Provided, however, that this Chapter or stipulated
portions thereof shall be of no further force and effect if both jurisdictions so
agree by mutually adopted resolution. (Ord. 137, 10-17-84; amd. Ord. 161,
12-10-86)
1. Ada County Code, Title 8
287
AMBROSE,
FITZGERALD
&CROOKSTON
Ahonn"s and
Coan111mt
P.O. Boa 137
MwldIan. Idaho
88813
TNapNon@ 8861181
AMENDED RESOLUTION NO. 90
A RESOLUTION OF THE CITY OF MERIDIAN AMENDING RESOLUTION NO. 90
WHICH IN 1984 APPROVED THE ADOPTION OF A REFERRAL PROCESS
AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE COUNTY OF ADA
WHICH AGREEMENT ESTABLISHES PROCEDURES FOR REFERRING AMENDMENTS
OF COMPREHENSIVE PLANS AND POLICIES AND ZONING AND DEVELOPMENT
ORDINANCES BETWEEN THE CITY OF MERIDIAN AND THE COUNTY OF ADA
AND PROVIDES FOR THE PROCESSING OF ZONING AND DEVELOPMENT
APPLICATIONS; RESCINDING SAID ORIGINAL RESOLUTION 90 AND
READOPTING SAID RESOLUTION TO READ AS SET FORTH HEREINAFTER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian passed
Resolution No. 90 in 1984 adopting a referral process between
the City and Ada County for comprehensive plan, zoning and
subdivision amendments and applications and which both the
Meridian City Council and the Ada County Commissioners have
agreed to change and amend; and
WHEREAS, the 1975 Local Planning Act requires that Ada
County and each city therein establish area of impact boundaries
for each city and to designate the comprehensive plans and
ordinances to apply within such areas of impact; and
WHEREAS, Idaho Code Section 67-6526 establishes procedures
for amending or changing said area of impact ordinances and the
area of impact boundaries; and
WHEREAS, the City of Meridian and the County of Ada
have agreed to amend their respective area of impact ordinances
and the boundaries of the Meridian Area of City Impact and
either have passed ordinances so changing such area of impact
and the associated ordinances or are in the process of so
adopting such ordinances; and
AMENDED RESOLUTION 90 - 1
AMBROSE.
FITZGERALD
A CROOKSTON
Attomsys and
Coune
P.O. Box 427
MMdlan, Moho
87842
Te pho 8864461
WHEREAS, the City of Meridian and the County of Ada have
agreed to amend the referral agreement resolutions establishing
procedures for referring to each other applications for
amendments to comprehensive plans, zoning and subdivision
ordinances, and developmental ordinances and procedures for
processing applications for such amendments;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
The City of Meridian hereby adopts the hereinafter set
forth Amended Meridian Area of Impact Referral Process which
shall read as follows:
Section 1.0 AMENDMENT OF CITY COMPREHENSIVE PLAN AND ORDINANCES
1.1 All proposed amendments to the Meridian
Comprehensive Plan or the Meridian Zoning and/or
Subdivision Ordinances shall be forwarded to the Ada
County Development Services Department Director by the
Meridian City Clerk at least fifteen (15) days prior
to any public hearing on any such proposed
amendment(s), whether said amendment(s) is before the
Meridian Planning and Zoning Commission or the
Meridian City Council. The Ada County Department of
Development Services shall determine whether or not
such amendment(s) is in conflict with either the Ada
County Comprehensive Plan or the Ada County Zoning
Ordinance. The Ada County Development Services
Department Director shall notify the Meridian Planning
and Zoning Commission, or the Meridian City Council,
as the case may be, of such determination in writing
prior to or at such public hearing. Such input from
the County shall not be binding or controlling on
Meridian, but shall be treated as documentary
evidence.
1.2 When the Meridian City Council has rendered a
final decision to adopt an amendment to the Meridian
Comprehensive Plan or the Meridian Zoning and/or
Subdivision Ordinances, the Meridian City Clerk shall,
within fifteen (15) days, forward a copy of the final
document to the Ada County Development Services
Department Director and the Board of Ada County
Commissioners, along with a notice as to when the
AMENDED RESOLUTION 90 - 2
AMSROSE,
FITZGERALD
I CROOKSTON
Atlanop and
Goumv�
P.O. am 427
83647
Tgwp1ar 836461
amendment will take effect in the City. Within thirty
(30) days after the Plan amendment was mailed, the
Board of Ada County Commissioners shall either protest
the amendment and request renegotiation of the area of
city impact ordinances, or if necessary, shall direct
the Ada County Planning and Zoning Commission to
schedule the amendment for public hearing as an
amendment to the area of city impact ordinance.
Section 2.0 AMENDMENT OF COUNTY COMPREHENSIVE PLAN AND ZONING
ORDINANCE
2.1 All proposed amendments to the Ada County
Comprehensive Plan and/or the Ada County Zoning
Ordinance shall be forwarded by the Ada County
Development Services Department Director to the
Meridian City Clerk at least thirty (30) days prior to
any public hearing on any such proposed amendment(s).
The Meridian City Council and/or the Meridian Planning
and Zoning Commission shall determine whether or not
such amendment is in conflict with one or more of the
goals, objectives, policies or provisions of Meridian
Comprehensive Plan, the Meridian Zoning and/or
Subdivision Ordinances. The Meridian City Council
shall notify the Ada County Development Services
Department of such determination in writing prior to
or at such public hearing. Such input from the City
shall not be binding or controlling on the County, but
shall be treated as documentary evidence.
2.2 The Board of Ada County Commissioners shall
notify Meridian, in writing, of the County's action on
such amendment(s) within fifteen (15) days following a
final decision on such matter along with notice as to
when the amendment(s) will take effect in the County.
Within thirty (30) days after the amendment(s) were
mailed, the Meridian City Council shall either protest
the amendment(s) and request renegotiation of the Area
of City Impact Ordinances, or if necessary, shall
direct the Meridian Planning and Zoning Commission to
schedule the amendment for public hearing as an
amendment to the Area of City Impact Ordinance.
Section 3.0 PROCESSING OF LAND USE APPLICATIONS IN THE MERIDIAN
AREA OF CITY IMPACT
3.1 The Ada County Development Services Department
Director shall send to the Meridian City Clerk all
County land use applications concerning property
located within the Meridian Area of City Impact
including, but not limited to, applications for:
AMENDED RESOLUTION 90 - 3
AMBROSE,
FITZGERALD
It OROOKSTON
A1lormp Aga
Ooun"Io
P.O. Bo. I21
MWWiw. maw
B3W
TPbplwrM 6684461
planned developments, subdivisions, rezones, private
roads, and conditional use permits, thirty (30) days
prior to any county public hearing on such
application. The Meridian Planning and Zoning
Commission or the Meridian City Council shall make
recommendations to the Ada County Development Services
Department Director on such application, in writing
and shall cite the Meridian Zoning and/or Subdivision
Ordinances or the Meridian Comprehensive Plan
policies, goals, objectives or provisions supporting
such recommendation. Such recommendation shall be
mailed to the Ada County Development Services
Department Director within thirty (30) days. Such
input from Meridian shall not be binding or
controlling on the County, but shall be treated as
documentary evidence.
3.2 Neither the Board of Ada County Commissioners nor
the Ada County Planning and Zoning Commission shall
hold a public hearing on such application until the
recommendation of the Meridian City Council or the
Meridian Planning and Zoning Commission, as the case
may be, has been received, or the date the County
should have received said Council's or Commission's
recommendations, specified above, has passed.
3.3 The Ada County Department of Development Services
will notify the Meridian City Clerk in writing of the
County's action on land use applications located
within the Meridian Area of City Impact but outside
the Meridian city limits within fifteen (15) days
following final decision by the appropriate County
agency on such matter.
Section 4.0 AMENDMENT OF COUNTY PLAN AND ORDINANCES/PROCESSING
OF LAND USE APPLICATIONS IN REFERRAL AREAS
Amendments to the Ada County Comprehensive Plan, the
Ada County Zoning Ordinance, and all Area of City
Impact Ordinances which apply within the Referral
Areas, as identified on the Meridian Area of City
Impact Map, and all land use applications within those
referral areas shall be sent by the Ada County
Development Services Department Director to the
Meridian City Clerk. Such documents shall be mailed
at least thirty (30) days prior to any public hearing
on them. Any comment by the Meridian City Council on
such documents shall be made to the Ada County
Development Service Department in writing prior to or
at such public hearing. Such input from Meridian
shall not be binding or controlling on the County, but
shall be treated as documentary evidence. The Board
AMENDED RESOLUTION 90 - 4
of Ada County Commissioners shall notify the Meridian
City Council in writing of the County's action on such
documents within thirty (30) days following a final
action by Ada County on such matter.
Section 5. EFFECTIVE DATE.
This Resolution shall be effective upon passage and
approval thereof and upon the passage and approval of the Ada
County adjunct Resolution.
q PASSED BY THE C NCIL OF THE CITY OF MERIDIAN, IDAHO, THIS
o(0 -! � , DAY OF 0 e 1990.
ATTEST:
/,• I UI I --tAt KN�
AMBROSE,
FITZGERALD
d CROOKSTON
ABam Band
COYn"N
AMENDED RESOLUTION 90 - 5
P.O. Boz 427
Medd) ,kiMG
83542
TWphg 881401
NOTICE OF SPECIAL MEETING
NOTICE 1S IIPREgY GIVEN that Thr Planning and Znning
of Meran will hold a special meeting
Commission of the City 199()at Life Meridian
at 7:30 o'clock p.nl•, Tuesday, Ocl:ober 30,
Meridian, Idaho. The pitrpose
City No call, 33 East Idaho .,LreetI ° Lo take testimony
meeting is Lo hold a puhl is hearing to
of said Proposed amendments
and written statements At ea nrng to the
In„ac.l., oL Lhe ReviSeri and
rLer 13, 1il.lr 1, Area u{ CiLY I consider and
Ch al Meridian, and to
°f rt °f Referral
the C• y Lhe
Compiled Ordinances NII go r_egar.,l,ny
In Res°IuIi Ada County
discuss changer
of Meran and
f.he C.i1:Y Hearing
be ice of Public
process Agreement See Not
use applications' hearing and its purposes,
an d
tile
for ilshed in this
issue req a�n�ng°Irnent.s an(I teSLim0nlAs will be
Publ
Welf
The puh11C 15 0111 P,
0h°Ve mallei
regarding
19g0.
Laken
DAT Et) this E
I WT N N,
AMsposE.
��p�OO,
I A.
p 0 .�
AMBROSE,
FITZGERALD
BCROOKSTON
Allomaye•nd
Coun"Im
P.O. Box 427
03642
Telphom BBBJ161
NOTtCF OF PURL IC IIFARTNG
NOTICE IS HEREBY
GIVEN
that thF+ Meridian Planning
and
Zoning Commission will
hold
a p u h I i c hearing
on October
30,
1990, at 7:30 o'clock p.m.,
at
the Meridian
City Hall, 33
East
Meidian,
Idaho Street,r
Idaho,
v l I;r,l
purlann
r ion,, 61-6509
arid
67-6526, Idaho Code, to
take
tes1.imony and
wri1,Len statements
pertaining to proposed
amendments
to C[Ialpter
13, Title 1,
Area
of City Impact, of the
Revised
arid Compiled
Ordinances of
the
City of Meridian.
The proposed amenclnrents Chapter 13, title 1, Area of City
Tnipact, are, in summary, as follows:
1. To change the Area of Citry Iiii pac1 boundary to
extend it un a por'1,io1) of the west to Mc 1)eI'm uL1, Road
and to extend it in the northeast cornet- to 1/4 mile
west of Cloverdale Road and I:o 114 mile south of Mc
Millan Road, The proposed Area of linpacL boundary is
as shown on the attacherI neap.
2. To repeal Chapter 13, Title 1, Area of City
Impact and To re-enact. it to re -organize it. and to set
forth the Area of Impact. boundary and map; Io delete
one of the "Renegotiation" provisions since Lher,e is
now a duplication of the same provision; to state and
reaffirm that 1:he Meridian Comprehensive Plan shall
apply to the Met, idiart Area of City Impact; to state
that wiLhin the Area of Impact: but, outside I.IIe CiLy
limits land use applications shall be governed by the
Ada Country Zoning arid Subdivision Ordinances; to state
that all proposed subdivision plats within the
onincorporaLed area of impact shall be subiniLLed to
both the City of Meridian and Ada CounLy for approval;
to state that proposed subdivision plats in Ada
CoitntyIs Rural Transition lone and in Meridian Urban
Service Planning Area Boundary shall contain a street
and utility easement plan which provides for
resubdivision to urban densities, unless a waiver of
that requirement is obtained from the Meridian City
Council; to state that subdivisions in the Ada County
Rural transition Zone and in the Meridian tJr'baIt
Service Planning Area, issuance of the first building
permit prior Lo the first building permiL shall
install dry line sewer' and water' lines to accommodate
future resubdivision to Urban densities unless a
written waiver of this requirement is granted by the
Meridian City Council; to provide for a referral
process between the City and Ada County for land use
applications and providing fnr- a Tofrrral 1)1-1)(0,"
rasolntinn; to provido IF or a rnnogtialion prorrdnro
fnr the llrca of Impact and 1 1r Aran of Iruparl.
Agreement contained in Chapter 13, 11th; J, anal Lo
state t.hal during renogtiation the existinq provisions
shall apply.
The Commission will also
changes in Resolution Nn. 90
Agreement. between the City
applications.
discuss and consider proposed
regardinq Che Referral Process
and Ada County far land use
The public is welcome and encouraged to submit testimony or
written commit.
DATED thisnty•r day of October, 7.990.
AMBROSE,
FITZGERALD
&CROOKSTON
AtlweeyepW
c4o."Iwe
P.O. Box 421
UMdb%Wo
06842
Telephom 8684461
OFFICIALS
JACK NIEMANN. City Clerk
JANICE GASS. Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR.. Attorney
EARL W ARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH. City Engineer
October 1, 1990
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone 888-4433
GRANT P. KINGSFORD
Mayor
Mr. Vern Bisterfeldt
Ada County Commissioners Office
650 Main Street
Boise, Idaho 83702
Dear Vern,
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
MAX YERRINGTON
Chairmen Zoning d Planning
JIM JOHNSON
The City of Meridian after due consideration is not only
considering expanding the Area of Impact to include the area South
of McMillan Road and West of Cloverdale to eliminate the one mile
corridor but also expanding the West boundary of the Area of Impact
to McMillan Road to eliminate the quarter of a mile corridor
between the present boundary and the Canyon County line. We have
discussed this with your staff and they advised there would be no
objections as far as they are concerned.
Mayor Kingsford has tried to contact the Commissioners to see if
they would have any objections to this.
Attached is a map showing the new proposed Area of Impact and we
would appreciate it if the Commissioners would concur with this
change.
Sincerely,
Cit:y—'Pierk L
ton g Administrator
Ci y of Meridian, ID.
pc: Sheri Freeman
DEVELOPMENT SERVICES
DEPARTMENT
650 Main
Boise. Idaho 83702
September 21, 1990
Jack Neiman
City Clerk, City of Meridian
33 East Idaho
Meridian, Idaho 83642
Dear Jack:
BUILDING DIVISION Phone: (208) 383-4423
PLANNING DIVISION (208) 383-4424
ZONING DIVISION (208) 383-4424
Please find enclosed a revised draft Area of City Impact Agreement ordinance.
This should address the concerns discussed at the September 11 meeting of the
Board and Council. We have also enclosed a new referral process agreement.
During our review of the ordinance we found that the referral process
agreement should also be amended. Please review it keeping in mind that it
is substantially similar in content to our current referral process agreement
(also attached) but is formatted in such a way that it is consistent with our
agreements with other cities in Ada County.
As the Board and Council discussed, our attorneys' should work together to
complete these documents to assure that we may begin our public hearing
process in October.
Thank you for your continued assistance.
Sincerely,
Qw'-L
Sheri Freemuth
PLANNER II
Ada County Development Services
SF/dd
cc: Ted Argyle
Vernon Bisterfeldt
Wayne Crookston
Grant Kingsford
i
DRAFT 9/20/90 CHAPTER 4 WE
't
NERMIAN AREA OF GPPY f
SEMON: ; • F 'i'
9-4-1: Meridian Area of City Impact Boundary 4
9-4-2: Annexation, Area of Impact
9-4-3: Applicable Plan Policies and Ordinances
9-4-4: Coordination of Plan Amendments, Ordinance Amendments,
and Zoning Applications
9-4-5: Renegotiation
9-4-1: ?4IiIDIAN AFM of my impAcr BOLN MU:
A. Meridian Area of City ITipact Boundary May:
B.
1. The Meridian Area of City Impact is the area designated on the
Meridian Area of City Dirpact Boundary Map, hereby fully
incorporated by reference, copies of which are available for
inspection at the Ada County Department of Development Services.
2. Amendments to the mans are as follows:
a.
In case a property under single ownership is divided by the boundary
line of the Meridian Area of City Impact and the line divides such
property so that one or both of the parts has a depth of three hundred
feet (3001) or less, such part may be included in the jurisdiction
within which the remainder and larger portion of the property is
A. Annexation by the City of Meridian shall be limited to those lands lying
within the area of impact and being contiguous to the boundaries of the
City of Meridian.
B. Upon annexation, the provisions of this agreement shall no longer apply
to the annexed area.
9-4-3: APPLICABLE PIAN PCUClffi AMID CM12U NCFS:
A. The Ada-Ee"nty-Meridian Comprehensive Plan as amended by the City of
Meridian on July , 1990, ty-as
of Metyr }8-,-}9897- shall apply to the Meridian Area of City Impact.
B -.—Presently -L, --- fleeerdenee w#th
deveftegment-starAards-eenta' ty-$ening-6rd#nenee-
e. B. All subdivision plats, situated within the area of impact, shall be
—submitted to the City of Meridian for approval, in addition to Ada
County approval, as provided in Idaho Code Section 50-1306.
C. All subdivision plat applications in the Urban Service Plannincf Area
for land zoned RT (Rural Transition) shall require:
2.
D. The Ada County Code, Title 8. the Zoning Ordinance ,_ shall be used
to implement this Chapter. All development applications shall also
fly with the provisions of this Chapter.
6iw.'b 1 W 1 ID �1 ID v1.1 1 'M' ID 11 ID 11
A. All applications for County and City amendments to their respective
Comprehensive Plans and implementing ordinances which apply within the
Meridian Area of City Fact shall be sent by the entity considering
such amendment to the other entity. A separate Referral Process shall
be adopted by resolution by each entity regarding procedures and time
periods for, and the effect of, sending such amendments, and such
resolution may be amended from time to time upon mutual agreement in
writing by Ada County and the City of Meridian.
B. All County applications for planned developments, subdivisions, rezones,
and conditional use permits within the Meridian Area of City Impact
shall be sent to Meridian, in accordance with the Referral Process
arrived at pursuant to subsection A above.
9-4-5: Iffir1EOFfA'1`rCN:
A. In accordance with Idaho Code 67-6526(d), the Meridian City Council or
the Board of Ada County Commissioners may request, in writing,
renegotiation of any provision of this chapter at any time. Within
thirty (30) days of receipt of such written request by either party, a
meeting between the two (2) jurisdictions shall occur.
B. While renegotiation is occurring, all provisions of this Chapter shall
remain in effect until this Chapter is amended or a substitute ordinance
is adopted by Meridian and Ada County, in accordance with the notice and
hearing procedures provided in Ada County and
Idaho Code , s or until a declaratory judgment from the District Court
is final. Provided, however, that this Chapter or stipulated portions
thereof shall be of no further force and effect if both jurisdictions so
agree by mutually adopted resolution.
a-earin , Titie 8-
DRAFT 9/20/90
Attachment to County Resolution
CITY OF MERIDIAN/ADA COUNTY REFERRAL PROCESS ALREEMU
Section 1. • AbCaU= OF COMPRMENSIVE PLAN AND ORDINANCES
1.1 All proposed amendments to the Meridian Comprehensive Plan or the
Meridian Subdivision Ordinance shall be forwarded to the Ada County
Development Services Department Director by the Meridian City Clerk at
least fifteen (15) days prior to any public hearing on any such proposed
anrendment(s) , whether said amencdment(s) is before the Meridian Planning
and Zoning Commission or the Meridian City Council. The Ada County
DeP rtment of Development Services shall determine whether or not such
ainerAnent(s) is in conflict with either the Ada County Comprehensive
Plan or the Ada County Zoning Ordinance. The Ada County Development
Services Department Director shall notify the Meridian Planning and
Zoning Commission, or the Meridian City Council, as the case may be, of
such determination in writing prior to or at such public hearing. Such
input from the County shall not be binding or controlling on Meridian,
but shall be treated as documentary evidence.
1.2 Mien the Meridian City Council has rendered a final decision to
adopt an amencIment to the Meridian Comprehensive Plan or the Meridian
Subdivision Ordinance, the Meridian City Clerk shall, within fifteen
(15) days, forward a copy of the final document to the Ada County
Development Services Department Director and the Board of Ada County
Commissioners, along with a notice as to when the amendment will take
effect in the City. Within thirty (30) days after the receipt of the
amendment, the Board of Ada County Commissioners shall either protest
the amendment and request renegotiation of the area of city inpact
ordinances, or if necessary, shall direct the Ada County Planning and
Zoning Commission to schedule the amendment for public hearing as an
amendment to the area of city impact ordinance.
• • is is • ••INOW41WIR r • a is • • • r•
2.1 All proposed amendments to the Ada County Comprehensive Plan and/or
the Ada County Zoning Ordinance shall be forwarded by the Ada County
Development Services Department Director to the Meridian City Clerk at
least thirty (30) days prior to any public hearing on any such proposed
amendment(s). The Meridian City Council and/or the Meridian Planning
and Zoning Commission shall determine whether or not such amendment is
in conflict with one or more of the goals, objectives, policies or
provisions of Meridian Comprehensive Plan, the Meridian Subdivision
Ordinance, or the Meridian Zoning Ordinance. The Meridian City Council
shall notify the Ada County Development Services Department of such
determination in writing prior to or at such public hearing. Such input
from the City shall not be binding or controlling on the County, but
shall be treated as documentary evidence.
2.2 The Board of Ada County Commissioners shall notify Meridian, in
writing, of the County's action on such amendment(s) within fifteen (15)
days following a final decision on such matter along with notice as to
when the amendment(s) will take effect in the County. Within thirty
(30) days after the receipt of the amendment(s), the Meridian City
Council shall either protest the amendment(s) and request renegotiation
of the Area of City Impact Ordinances, or if necessary, shall direct the
Meridian Planning and Zoning commission to schedule the amerxhnent for
public hearing as an amentnent to the Area of City Impact Ordinance.
Section 3.0 PROCESSING OF LAND USE APPLICATIONS IN THE MERIDIAN AREA OF
CITY IMPACT
3.1 The Ada County Development Services Department Director shall send
to the Meridian City Clerk all County applications for planned
developments, subdivisions, rezones, and conditional use permits located
within the Meridian Area of City Lrpact, thirty (30) days prior to any
county public hearing on such application. The Meridian Planning and
Zoning Commission or the Meridian City Council shall make
recommendations to the Ada County Development Services Department
Director on such application, in writing and shall cite the Meridian
Subdivision Ordinance or the Meridian Comprehensive Plan policies,
goals, objectives or provisions supporting such recommendation. Such
recommendation shall be received by the Ada County Development Services
Department Director no later than thirty (30) days after the Meridian
City Clerk has received application. Such input from Meridian shall not
be binding or controlling on the County, but shall be treated as
documentary evidence.
3.2 Neither the Board of Ada County Commissioners nor the Ada County
Planning and Zoning Commission shall hold a public hearing on such
application until the recommendation of the Meridian City Council or the
Meridian Planning and Zoning Ccammission, as the case may be, has been
received, or the date the County should have received said Council's or
Commission's recomiendations, specified above, has passed.
3.3 The Ada County Department of Development Services will notify the
Meridian City Clerk in writing of the County's action on land use
applications located within the Meridian Area of City Impact but outside
the Meridian city limits within fifteen (15) days following final
decision by the appropriate County agency on such matter.
Section 4.0 AM MMERP OF COUNTY PLAN AND ORDINANCES IN REFERRAL AREAS
Amendments to the Ada County Cbpprehensive Plan, the Ada County Zoning
Ordinance, and all Area of City Impact Ordinances which apply within the
Referral Areas, as identified on the Meridian Area of City Impact Map,
shall be sent by the Ada County Development Services Department
Director to the Meridian City Clerk. Such amendments shall be received
at least thirty (30) days prior to any public hearing on them. Any
comment by the Meridian City Council on such amendments shall be made to
the Ada County Development Services Department in writing prior to or at
such public hearing. Such input from Meridian shall not be binding or
controlling on the County, but shall be treated as docnnnentary evidence.
The Board of Ada County Commissioners shall notify the Meridian City
Council in writing of the County's action on such amendments within
thirty (30) days following a final action by Ada County on such matter.
APPROVED AND ADOPTED THIS DAY OF .90
is • • • • • •• •• i a • �•
Vernon L. Bisterfeldt, Chairman
Judy M. Peavey, Commissioner
Dave O'Leary, Commissioner
ATTEST:
John Bastida, Ada County Clerk
" RESOLUTION NUMBER 4n8
( AT A MEETING OF THE BOARD OF ADA COUNTY COMMISSIONERS, STATE OF IDAHO, ON' -THE
17th DAY OF October 1984, THE FOLLOWING RESOLUTION WAS ADOPTED, TO WIT:
WHEREAS, the 1975 Local Planning Act requires that Ada County and each of
its cities establish Area of Impact Bsundach ries for
each city
and designate the
plans and ordinances to apply
WHEREAS, Idaho Code, Section 67-6326(a), establishes procedures and deadlines
for establishing such Area of Impact Ordinances; and
WHEREAS, Idaho Code, Section 67-6526(b), requires that if the provisions of
67-6526(a) are not met by tie deadline of January 1, 1978, the County
Commissioners together with three elected officials from the city concerned and
three city or county residents shall, by majority vote, recommend to the city
and county governing boards an area of city impact, together with plan and ordi-
nance requirements; and
WHEREAS, such a nine -member committee was formed by Ada County and Meridian
on August 29, 1983,consensus; and
WHEREAS, said committee has recomended adoption of an ordinance establishing
the boundary of the Meridian Area of City Impact and an ordinance providing for
the application of plans and ordinance for the Meridian Area of City Impact; and
WHEREAS, the committee has also recomended that a referral process agreenent
establishing procedures for amending plan policies and ordinances and the pro
-
Cassino of zoning applications be adopted;
THEREFORE, BE IT RESOLVED that the Board of Ada County Commissioners hereby
adopt the Meridian Area of Impact Referral Process, attached hereto and incor-
porated herein.
APPROVED AND ADCPTED this 17th day of October , 19$4•
BOARD OF ADA COUNTY „"mmi SSICNERS
Bill Grarron, C'iair+an
BY
Vern Eaery`COmmiss,arer
9v
=d Ridale, Commissioner
Artacnmenr to:
County Resolution Number 408
MERIDIAN AREA OF CITY IMPACT RE== -;RAL PROCESS
1.0 AMENDMENT OF COMPREHENSIVE PLANS F^R LAND SOLELY WITHIN OR TO BE
ITY LIN11
1.1 Applications to amend the Meridian Comorehansive Plan or zoning ordi-
nances, which application pertains to land already in the city limits or
land which will be annexed into the City of Meridian coincident with adop-
tion of the Comprehensive Plan Amendment, shall not be governed or
controlled by this referral process or the area of City Impact Ordinance.
The City of Meridian shall, however, provide Ada County with copies of such
applications 15 days prior to the initial public hearing on said application
and the County, if it desires, may provide comment and input on the applica-
tion. Such input shall in no way be binding or controlling on the City of
Meridian but shall be treated as documentary evidence. Upon approval, if
approved, the amendment or the admendment and the annexation, if annexation
is a part of the application, shall be effective and the Meridian City
Council shall within fifteen (15) days of acoroval of said amendment or
amendment and annexation, as the case may be, notify the Ada County Zoning
Commission of said approval and the effective date thereof.
0 AMENDMENT OF COMPREHENSIVE PLANS_ANiD ORDINANCES FOR THE MERIDIAN
2.1 Any application to amend the Meridian Comprehensive Plan as it may
effect the unincorporated areas shall be reviewed and approved or denied by
the Meridian City Council before the Ada County Planning Commission shall
schedule such amendments for public hearing.
2.2 All applications for such amendments to the Meridian Comprehensive Plan
and to the text of Meridian's imolamenting ordinances snail be forwarded to
the Ada County Planning Commission by the Meridian Planning and Zoning
Commission at least 15 days prior to any public hearing on such proposed
amendment(s). The Ada County Planning Commission shall determine whether or
not such an amendment is in conflict with cra or more of the goals, objec-
tives or policies of the ,Ada County Ccmprarsrsive Plan. The Ada County
Planning Commission shall notify the Meridian Planning and Zoning Commission
of such determination in writing prior to or at such oublic hearing. Such
inout from the County shall not be binding or control line on the City of
Meridian but sha!I be treated as documentary evidence.
2.3 Once an amendment to the Meridian Comcrenensive Plan is adopted by the
Meridian City Counr_iI, the Meridian City Ccuncil slnaiI forward a copy of the
final document to the Ada County '21anning C:^T ssion within 15 days after
its adootion, along with no -ice as to when Tne arendment will take effecT.
Any such amendment made by the Meridian Ci Ty Council to the Meridian
Comprehensive Plan, in accord with Idaho Code, shall not take affect in The
unincorporated Meridian Area of City Impac- unless and until such amendment
is adoo-ed by the 3oard of Ada County Commissioners as an amendment to the
Ada County Comprehensive Plan.
Attachment to
Resolution Number 408
Page 2.
2.4 All proposed amendments to the Ada County Comprehensive Plan Rural Area
Section Shall be forwarded by the Ada County Planning Commission to the
Meridian City Planning and Zoning Commission at least fifteen (15) days
prior to any public hearing on such proposed amendment. All proposed amend-
ments to the Ada County Zoning Ordinance which affect unincorporated areas
of the Meridian Area of City Impact shall be forwarded by the Ada County
Zoning Commission to the Meridian City Planning and Zoning Commission at
least fifteen (15) days prior to any public hearine on such proposed amend-
ment. Any comments by the Meridian Planning and Zoning Commission on
such amendments shall be made to the County agency forwarding said amendment
in writing prior to or at such public hearing and such shall not be binding
or controlling on Ada County but shall be treated as documentary evidence.
The Board of Ada County Commissioners shall notify the Meridian City
Council, in writing, of the county's action on such amendments within the
Meridian Area of City Impact within 13 days following a final decision on
such matter.
ION 3.0 PROCESSING OF ZONING APPLICATIONS IN THE MERIDIAN AREA OF CITY
3.1 The Ada County Zoning Commission shall send to the Meridian Planning
and Zoning Commission all County applications for Planned Developments, sub-
divisions, rezones, conditional use permits and private roads, located
within the Meridian Area of City Impact 30 days prior to any county public
hearing on such applications. The Meridian Planning and Zoning Commission
shall make recommendations to the Ada County Zoning Commission on such
applications in writing and shall cite the County Comprehensive Plan Rural
Area policies or other policies supporting such recommendation. Such recom-
mendations shall be received by the Ace County Zoning Division no later than
24 days after Meridian has received such application.
3.2 The Meridian City Council shall maka written recommendations to the
Board of County Commissioners, and to the Counter Zoning Commission where
appropriate, on any of the applications cited in Section 3.1 above. The
recommendation must be received by the County Zoning Division no later than
24 days after Meridian has received such application. The council shall
cite the County Comprehensive ?Ian Rural Area policies that support their
recommendation. The recommendation from the Meridian City Council shall not
be binding or controlling on Ada Ccunty but shall be treated as documentary
- evidence.
3.3 Neither the Boar! of Ada County Commissioners nor the Ada County Zoninc
Commission shall hold a public hearinc on such application until the recom
mends'ion of the Mer,dian Ciry Councijerid'an City ?tanninZ_ and chino
Commission has been received, or the da`e the County Should have received
the said Council's or %ormission's recommendation, specified above, has
l passed.
3.4 The Ada Coun`y Z:^Ing Division, w:ll notify the Meridian Ci -v Cou:^.ci! in
writing of the County's action on•applications within the Meridian Area or
City Impact but outside the Meridian Ciry limits within 15 days following a
final decision by the appropria"e Ada County acency on such matter.
2700'.#' K
��
Y-
COUNTY RESOLUTION NUMBER 409
AT A MEETING OF THE BOARD OF ADA COUNTY ComMISSIONERS, STATE OF IDAHO, ON THE
17th DAY OF October , 1991, THE FOLLOWING RESOLUTION WAS ADOPTED, TO WIT: --
WHEREAS, Ada County and the City of Meridian have jointly adopted an Area of
City Impact Ordinance; and
WHEREAS, certain areas were excluded from consideration from the Meridian
Area of Impact because it was unlikely that such areas would be annexed or pro—
vided with urban services by Meridian in the future; and
WHEREAS, Meridian has an interest in being informed of planning and ordi—
nance amendments considered by Ada County that might affect these areas;
THEREFORE, BE IT RESOLVED that the Board of Ada County Commissioners hereby
adopt the Meridian/Ada County Referral Areas, attached hereto and incorporated
herein.
APPROVED AND ADOPTED this 17th day of October 1984.
ATTEST:
BOARD OF ADA COUNTY COMMISSIONERS
By
Bill GraTTon, Chairman
v
B
Y
Vern Emery, Ccmmissioner
By
Ed Riddle, Commissioner
By
Jonp BasTida, Ada Coun-y CierK
KK
;
Attachment To
Counry Resolution Number 409
MERIM AN/ADA COUNTY RE=ERRAL APcEAS
SECTION 1.0 — REFERRAL AREAS,
1.1 The northern referral area is the land within the following boundaries:
Beginning at the intersection of Chinden Boulevard and Linder Road; south
along Linder Road for 11/4 miles to a point 1/4 mile south of McMillan Road;
thence east for 2 3/4 miles to a point 1/4 mile west of Eagle Road; thence
south for one mile to a point 1/4 mile south of Ustick Road; thence east one
mile to a point 1/4 mile west of Cloverdale Road; thence north for 21/4 miles to
a point on Chinden Boulevard; thence west for 3 3/4 miles to the point of
beginning, the intersection of Chinden Boulevard and Linder Road.
1.2 The southern referral area is the land within the following boundaries:
Beginning on Kuna—Meridian Road at a point 1/4 mile south of Victory Road
south for 2 3/4 miles along Kuna—Meridian Road to the intersection of
Columbia Road; thence east for 2 3/4 miles to a point 1/4 mile west of
Cloverdale Road; thence north for 2 3/4 miles to a pont 1/4 mile south of
Victory Road; thence west for 2 3/4 miles to the point of beginning on
Kuna—Meridian Road.
SECTION 2.0 — AMENDMENT OF COUNTY PLAN AND CRn,INANCES IN RE7=.RRAL AREAS
Amendments to the County Comprehensive Plan and all Area of City Impact
Ordinances which apply within the Referral Areas s^all be sent by The Ada County
Planning Commission to the Meridian City Council and amendments to the County
Zoning Ordinance which apply within the Referral Areas shall be sent by the Ada
County Zoning Commission to the Meridian City Council. Such amendments shall be
received at least 15 days prior to any public hearing on them. Any comment by
the Meridian City Council on such amend^en-s shall be made to the acoropriata
county acency in writing prior to or at sucn public hearinc. The Bcard of Ada
County Commissioners shall notify the Merid`an ClTv, Council in writing of the
county's action on such amendments within 15 days foilowinc a final action by
Ada County on such matter.
2700141 KK2
4
DEVELOPMENT SERVICES
DEPARTMENT
650 Main
Boise, Idaho 83702
BUILDING DIVISION Phone: (208) 3834423
PLANNING DIVISION (208) 383-4424
ZONING DIVISION (208) 3834424
f ''n (+
September 21, 1990 4r 0eo �r ✓/au�J �7• �� y
b(x, 'nz /,'-! /kvd-i
Jack Neiman
City Clerk, City of Meridian
33 East Idaho
Meridian, Idaho 83642
Dear Jack:
Please find enclosed a revised draft Area of City Impact Agreement ordinance.
This should address the concerns discussed at the September 11 meeting of the
Board and Council. We have also enclosed a new referral process agreement.
During our review of the ordinance we fond that the referral process
agreement should also be amended. Please review it keeping in mind that it
is substantially similar in content to our current referral process agreement
(also attached) but is formatted in such a way that it is consistent with our
agreements with other cities in Ada Couhty.
As the Board and Council discussed, our attorneys' should work together to
complete these documents to assure that we may begin our public hearing
process in October.
Thank you for your continued assistance.
Sincerely,
lv��
Sheri Freemuth
PLANNER II
Ada County Developaent Services
SF/dd
cc. Dad Argyle
Vernon Bisterfeldt
Wayne Crookston
Grant Kingsford
AMBROSE,
FITZGERALD
6 CROOKSTON
Allornsysend
Counselors
P.O. Box 427
Meridian. Idaho
SW2
TelePlane 686-4461
wit:
a, Within the Area of City Impact but
outside of the Urban Service Planning Area,
one single family residential building may be
constructed on a 5 acre lot without municipal
sewer and water services being provided if
Central District Health Department approves
private sewer and water services.
b. Within the Urban Service Planning Area
one single family residential house may be
placed on a 5 acre tract provided dry line
sewer and water lines are installed and
constructed and plans and layouts for roads
are made and provisions are made for future
re -subdivision of the 5 acre tract to a
greater density.
c, Within the Urban Service Planning Area
development may occur in densities as low as
4 dwelling units per acre if physical
connection is made to existing City of
Meridian water and sewer services and the
property is platted and subdivided in
accordance with Ada County Zoning and
Subdivision Ordinances Policy.
4. Residential development is allowed in the rural
areas provided that said development does not exceed
the Rural Residential Agricultural density, unless it
is inside an Urban Service Planning Area and City sewer
and water is provided, when Low, Medium and High
density residential may be considered. All
residential development must also comply with the other
appropriate sections of this plan.
5. Commercial and industrial development should be
discouraged in the rural areas, and would only be
considered if municipal sewer and water and other
appropriate services are provided.
6. Recreational uses which are compatible with
agricultural pursuits may be permitted in the rural
areas.
7. Schools and churches and certain public uses may
be permitted, as they may be necessary to serve the
rural community."
z. To delete on Page 41, PUBLIC SERVICES, UTILITIES,
o
FACILITIES, POLICIES (GOVERNMENTAL NA ,
aa. To delete on Page 43, PUBLIC SERVICES, UTILITIES,_
OFFICIALS
JACK NIEMANN. City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART. Water Worke Supt,
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt,
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH, City Engineer
August 30, 1990
I .
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone 888-4433
City of Boise
P.O. Box 500
Boise, Idaho 83701
GRANT P. KINGSFORD
Mayor
Honorable Mayor Dirk Kempthorne,
Honorable City Council Members,
The City of Meridian is considering expanding our Area of Impact to
include the area south of McMillan Road and West of Cloverdale Road
to eliminate the one mile corridor. By including this area in our
area of impact it would square the boundary and in the future this
area could be served by our City water and sewer system.
COUNCILMEN
RONALD R. TOLSMA
J, E. BERT MYERS
ROBERTGIESLER
MAKYERRINGTON
Cnatrman Zoning 8 Planning
JIM JOHNSON
We would appreciate any comments you might have on this and would be
willing to meet with you and your staff to discuss this matter.
Attached is a map showing the proposed changes.
Sincerely,
pc: Vern Bisterfelt
Sheri Freeman
Sheldon Gerber
s
AMBROSE, FITZGERALD & CROOKSTON
ATTORNEYS AND COUNSELORS
1530 WEST STATE - P. O. BOX 127
MERIDIAN, IDAHO 83642
ORANT L. AMBROSE (1915,1968)
JOHN O. FITZGERALD. P.A. THIS FIRM INCLUDES
WAYNE O. CROOKSTON. JR., PA. PROFE5510NwL CORPORATIONS
WILLIAM J. SCHWART
August 31, 1990
Sheri Freemuth
Ada County Development Services
650 Main
Boise, Idaho 83702
RE: AMENDMENTS TO THE MERIDIAN COMPREHENSIVE PLAN AND
MERIDIAN AREA OF CITY IMPACT ORDINANCES
Dear Sheri:
TELEPHONE 8884161
AREA CODE 208
I have reviewed the Boise City Area of Impact Agreement and
I have discussed this matter with Mayor Kingsford. He is
desirous of having this matter proceed'in the same fashion as has
been done for the City of Boise in the hopes that this matter
can be resolved quicker than having the county change its
ordinances at this time.
You suggested that you could propose a draft for the
Meridian Area of City Impact Agreement, and the changes, and that
would be most appreciated. In that regard, however, I think that
it would be a good idea to add to Meridian's Area of Impact
Agreement similar provisions that are contained in paragraphs C
and D of 9-4-4 of the City of Boise Area of Impact Agreements.
Also, I believe that some addition to 9-4-3, such as the
following would be in order:
"D. Both Meridian and Ada County shall amend their
Comprehensive Plans and Zoning Ordinances to be
consistent with this Chapter within six (6) months of
the effective date of this amendment to this chapter."
I bel ieve that this would give us and the County an
opportunity to amend our ordinances to reflect the requirements
set forth in Meridian's changes in its Comprehensive Plan
regarding development of five (5) acre tracts. This would also
S
ultimately insure that the county ordinances for development and
zoning ducktail Meridian's Comprehensive Plan, which we have
agreed would control in this area.
WGC/mks
cc: Mayor Grant P. Kingsford
Very truly yours,
JN6. CROOKSTON, JR.
DEVELOPMENT SERVICES
DEPARTMENT
650 Main
Boise. Idaho 83702
July 23, 1990
Jack Niemann
City Clerk
33 East Idaho
Meridian, ID 83642
Dear Jack,
BUILDING DIVISION Phone: (208) 383-4423
PLANNING DIVISION (208) 383-4424
ZONING DIVISION (208) 383-4424
Thank you for meeting with us last Monday regarding the Meridian Area of City
Impact Agreement.
As directed by the Board and the Mayor, I have prepared the attached draft to
amend the Ada County Code section regarding the Meridian Area of City Imapct.
You will note the use of strike out and underline to indicate old and new
wording. Should this be acceptable to you, we are prepared to adopt these
amendments. The City of Meridian must, of course, adopt the identical ordinance
before this agreement, and the new RT zone, becomes effective.
In order to begin the hearing process and to issue the correct public notices we
will need to publish an accurate map showing the Meridian Area of City Impact,
Urban Service Planning Area and city limits. It was my understanding that the
Mayor was going to research the possibility of expanding the Area of City Impact
around the Eagle Road corridor. Until that matter is resolved, of course, we
cannot proceed with these amendments.
Please review the attached wording and inform us of any comments that you might
have.
Sincerely,
Sheri F. Freemuth
PLANNER II
Ada County Development Services
SFF/cp
cc: Grant Kingsford
Vern Bisterfeldt
Ted Argyle
CHAPTER 4
MERIDIAN AREA OF CITY IMPACT
SECTION:
9-4-1:
Meridian Area of
City Impact Boundary
9-4-2:
Annexation, Area
of Impact
9-4-3:
Applicable Plan
Policies and Ordinances
9-4-4:
Coordination of
Plan Amendments, Ordinance Amendments
and Zoning
Applications
9-4-5:
Renegotiation
9-4-1: MERIDIAN AREA OF CITY I1IPACT BOUNDARY:
A. Meridian Area of City Impact Boundary Map:
1. The Meridian Area of City Impact is the area designated on the
Meridian Area of City Impact Boundary Map, hereby fully incorporated
by reference, copies of which are available for inspection at the
Ada County Department of Development Services.
2. Amendments to the maps are as follows:
a.
B. In case a property under single ownership is divided by the boundary
line of the Meridian Area of City Impact and the line divides such
property so that one or both of the parts has a depth of three hundred
feet (300') or less, such part may be included in the jurisdiction
within which the remainder and larger portion of the property is
located. In those instances where the dimension is over three hundred
feet (300'), each portion shall be reviewed separately to assure that
each portion complies with the applicable zone and pian.
9-4-2: ANNEXATION, AREA OF IMPACT:
A. Annexation by the City of Meridian shall be limited to those lands lying
within the area of impact and being contiguous to the boundaries of the
City of Meridian.
B. Upon annexation, the provisions of this agreement shall no longer apply to
the annexed area.
9-4-3: APPLICABLE PLAN POLICIES AND ORDINANCES:
A. The Ada-eeanty Meridian Comprehensive Plan as amended by the City of
Meridian on July , 1990, Rural-Area-Beetien-adapted-by-Ada-Eeanty-as
of -May -18;-1983; shall apply to the Meridian Area of City Impact.
B----Presently-eened-sande-ahali-be-aiiawed-ta-deveiep-in-aeeerdanee-with
deee�epment-etandarde-eontained-in-the-Ada-Eeanty-Bening-9rdinanee-
e- B. All subdivision plats, situated within the area of impact, shall be
submitted to the City of Meridian for approval, in addition to Ada
County approval, as provided in Idaho Code section 50-1306.
B- C. The Ada County Code, Title 8, the Zoning Ordinance shall be
used to implement this Chapter.
9-4-4: COORDINATION OF PLAN ANSNDMEIPPS, ORDINANCE AMENDNENTS AND
ZONING APPLICATIONS:
A. All applications for County and City amendments to their respective
Comprehensive Plans and implementing ordinances which apply within the
Meridian Area of City Impact shall be sent by the entity considering
such amendment to the other entity. A separate Referral Process shall
be adopted by resolution by each entity regarding procedures and time
periods for, and the effect of, sending such amendments, and such
resolution may be amended from time to time upon mutual agreement in
writing by Ada County and the City of Meridian.
B. All County applications for planned developments, subdivisions, rezones,
and conditional use permits within the Meridian Area of City Impact shall
be sent to Meridian, in accordance with the Referral Process arrived at
pursuant to subsection A above.
9-4-5:
A. In accordance with Idaho Code 67-6526(d), the Meridian City Council or the
Board of Ada County Commissioners may request, in writing, renegotiation of
any provision of this Chapter at any time. Within thirty (30) days of
receipt of such written request by either party, a meeting between the two
(2) jurisdictions shall occur.
B. While renegotiation is occurring, all provisions of this Chapter shall remain
in effect until this Chapter is amended or a substitute ordinance is adopted
by Meridian and Ada County, in accordance with the notice and hearing
procedures provided in title 8, chapter 65 of Idaho Code, or until a
declaratory judgment from the District Court is final. Provided, however,
that this Chapter or stipulated portions thereof shall be of no further
force and effect if both jurisdictions so agree by mutually adopted
resolution.
3Ada-eeanfy-eede7-Titie-B
THE PLANNING AND ZONING COMMISSION'S APPLICATION
TO AMEND THE MERIDIAN COMPREHENSIVE PLAN
The Planning and Zoning Commission hereby applies to itself
and to the Meridian City Council for amendments to the Meridian
Comprehensive Plan. This Application is submitted pursuant to
the Amendment Provision and Procedures of the Plan at page 59
thereof and pursuant to Title 67, Chapter 65, Idaho Code, known
as the Local Planning Act of 1975. In support o the mpliation
the Commission submits the following:
1. The changes being requested are hereinafter set forth
under paragraph number eight (8).
2. There is no specific parcel of property that is being
considered other than extension of the Community Urban Service
Planning Boundary.
3. The condition and situation which warrants the changes
in the Plan are that the County of Ada has changed its zoning
designations in the rural area such that development of five acre
parcels may be able to occur and has indicated that the Meridian
Comprehensive Plan should govern the Area of City Impact and not
the Ada County Rural Plan; there have been changes in planned
roads; also there are clerical errors that need to be corrected
and additional changes that need to be made to reflect that there
presently is no possibility that a regional shopping center will
be located at the Meridian/I-84 intersection.
4. The need and benefit for the amendments are to
recognize that there is a desire and demand for five acre
parcels to be developed in a residential fashion, to square off
the urban service planning area boundary to include areas that
will likely be eventually included in the City of Meridian and
for which services will likely be available and which services
need to be pl anned for, and as far as the text amendments are
concerned, to ensure that the plan itself reads correctly and its
meaning is clearly understood.
5. There is no documentation that no other solutions to
the problem presented by current policy of the Plan are possible
or reasonable.
6. The development intentions of the area proposed to be
included in the Urban Service Planning Area ebeeknown untilnsion are oa
known at the present time and will not specific
plan. That area is
developer approaches the City with a specific p
the only specific parcel of property that is concerned in this
inquires of the City as
in property in five acre traandts tneae
Application. There have been a number o q
ITZGERL 4Q V055ibility of develop 9 its Rural policy and such
'IRGERALD Y f�.la �Ddnty amended Such development a
Since FSU �t to allow rehensive Plan.
Cpp01lSi0N has ric
pressure on the C yamends it Comb
has been P
�Acomnel -n0
cannot occur unless the City
(punaelMn
P.G. Box 427
AMBROSE.
AttorrmYs snd
C,unselors
p.0. Box 427
7. The major reason for the proposed changes is to
establish a policy for the development of five acre tracts that
are within the City Impact Area, and to extend the Urban Service
Planning Area Boundary, and to correct some clerical errors and
to delete the remaining vestiges of the regional shopping center
that was once planned for the intersection of Meridian Road and
Interstate I-84.
The specific proposed amendments are as follows:
a. To amend the Community Urban Service Planing Boundary
such that it reads as follows:
Commencing at the intersection of the west right-
of-way line of Black Cat Road and a point one-quarter
mile north of Ustick Road, the Real Point of Beginning;
thence South along the West right-of-way line of Black
Cat Road to the Kennedy Lateral; thence along the
Kennedy Lateral to Linder Road; thence south to
Overland Road; thence easterly along Overland Road to
the City limits; thence south along the city limits
line to its southern most point on that line; thence
directly east to Meridian Greens subdivision; thence
following around the Meridian Greens Subdivision
boundary to a point which is one-quarter mile south of
Overland Road; thence directly east to a point one-
quarter of a mile west of Cloverdale Road; thence
directly north to a line which is three-quarters (3/4)
of a mile north of Fairview Avenue; thence directly
west to a point which is on the line which is one-
quarter of a mile west of Eagle Road; thence directly
north to a point one-quarter (1/4) mile north of Ustick
Road; and thence west along that line to the Real Point
of Beginning.
b. To amend the Meridian Policy Diagram on Page 7 of the
Comprehensive Plan to have the Diagram conform to the above
proposed change in the Community Urban Service Planing Area
Boundary.
C. To amend Page 11, Physical Environment, second
paragraph, in the ninth line, second word to change "has" to
"have". 7, to
d. To amend Page 12, Physical Environment, Policy
read as follows:
"No septic tank systems within t tehe rCan Service
Planning Area shall be approved by
'ess the following
Central D�Strict Nealtto apartment unproval'
is demonstrated prir
o
AM EROSE.
FITZGERALD
&CROOKSTON
Atlornaye and
COUONIor!
P.O. Boa 427
Mu1C4n, IE,no
8W2
Telept 886 4461
a. Dry sewer lines have been
constructed and installed in preparation of
connection to wet sewer lines throughout the
parcel of land owned by the person proposing
to install the septic system and plans have
been prepared for connection to the municipal
sewer system.
b. Placement of the temporary septic
system will not degrade groundwater or
surface water aquifers during the interim
period.
C. The septic system is solely a
temporary and interim waste water disposal
system.
e. To amend Page 13, Population Growth, fifth paragraph,
second and third lines, to delete the following language:
". . . or when a proposed regional shopping center
becomes a reality, ."
f. To amend Page 15, Economic Development, paragraph 3,
line 8, which now reads " so removing them for the categories
of land on which residential development can be to change
the word "for" to "from" such that the line would thus read as
follows, " so removing them from the categories of land on
which residential development can be ."
g. To amend Page 16, Economic Development, policy 6,
first line, which now reads as follows: "It is the policy of
the City of Meridian to support shipping facilities which are . .
such that it would read as follows: "It is the policy of the
City of Meridian to support shopping facilities which are ."
h. To amend Page 18, Economic Development, under
INDUSTRIAL POLICIES, policy 9, first line, which now reads, "
9. Industrial development should be encouraged to located
adjacent to existing " such that it would read as follows: "
9. Industrial development should be encouraged to locate
adjacent to existing . . "
i. To amend Page 19, Economic Development, under
INDUSTRIAL REVIEW AREAS, EASTERN INDUSTRIAL REVIEW AREA,
POLICIES, policy 3, line 4, to delete the following language at
the end of the paragraph, of . , and a proposed site of a
regional shipping center in the northeast quadrant of the
intersection Interstate I-84 and Eagle Road."
j. To amend Page 19, Economic Development, INDUSTRIAL
REVIEW AREAS, TECHNICAL INDUSTRIAL REVIEW AREA, POLICIES, policy
1., such that it shall read as follows:
AMBROSE,
FITZGERALD
6 CROOKSTON
Attomsys ere
rioun"lort
V.G. Boa 427
Ma4dion, 1W 0
GW2
TSIsWMM NO -4461
"It was the previous policy of the City of Meridian to
encourage and to promote the development of an interchange at the
intersection of Eagle Road and Interstate I-84 and that is
presently being constructed and will be a reality in the very
near future."
k. To amend Page 20, COMMERCIAL ACTIVITY CENTERS, first
paragraph, to delete the reference to Regional Shopping Center,
and to renumber the different types of activity centers such that
the paragraph would read as follows:
"The Comprehensive Plan identifies three difnt
Commercial Activity Centers: 1) Communard 3h) piOld9 CenterTown of
2) Neighborhood S h o p p 9
Meridian."
1. To amend Page 20, Economic Development, COMMERCIAL
ACTIVITY CENTERS, second paragraph, to delete the entire
reference to Regional Shopping Center, such that the second
paragraph would be the reference to Community Shopping Center,
and the language contained therein.
m. To amend Page 21, COMMERCIAL ACTIVITY CENTERS,
REGIONAL SHOPPING CENTER, to delete the entire reference
REGIONAL SHOPPING CENTERS.
n. To amend Page 21, COMMERCIAL ACTIVITY CENTERS,
COMMUNITY SHOPPING CENTERS, POLICY, to delete the entire policy
which references impacts on a regional shopping center.
o. To amend Page 22, COMMERCIAL ACTIVITY CENTERS,
NEIGHBORHOOD COMMERCIAL CENTER, POLICIES, Policy 2. c) to delete
that policy which reads as follows: "c) At no more than one
corner of an intersection."
P. To amend Page 24, MIXED-USE REVIEW AREAS, MIXED USE
REVIEW AREA WEST OF KUNA/MERIDIAN ROAD, NORTH OF I-84 AND SOUTH
OF WALTMAN LANE, first paragraph, such that it reads as follows:
"This area is relatively level in topography and will have
excellent access to the freeway interchange. As a site for
warehousing, light industry and related commercial activities,
this mixed - use area will provide an excellent location for
support services to the community."
q. To amend Page 24, MIXED-USE REVIEW AREAS, MIXED USE
REVIEW AREA WEST OF KUNA/MERIDIAN ROAD, NORTHd e O 1-8te AND
en SOUTH
OF WALTMAN LANE, POLICIES, policy 4., o
ire
policy.
r. To amend Page 24, MIXED-USE REVIEW AREAS, MIXED USE
OUTH
REVIEW AEA EAST OF
SPEEDWAYKAND/STOREEYAPARK, ROAD, NORTH
poliA
cyI., such
that it reads'as follows:
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.O. Bos 427
Meridien, Idaho
S8M2
Telep"" 88841481
II It was the policy of the City of Meridian to
encourage and promote the further development of the
Meridian Road/I-84 Interchange into a full diamond or clover
leaf and that has been accomplished and further development
should now be encouraged in the area."
S. To amend Page 25, HOUSING DEVELOPMENT, RURAL RESIDENTIAL -
AGRICULTURAL, such that it reads as follows:
"RURAL RESIDENTIAL - AGRICULTURAL (Outside the
Urban Service Planning Area, but inside the Area
of Impact.)
Single Family Housing, Farming (Not more than One
Dwelling Unit per net five acres.
t. To amend Page 25, HOUSING DEVELOPMENT, to add a new
provision which shall read as follows:
"RURAL RESIDENTIAL - SUB -URBAN (Inside the Urban
Service Planning Area, but outside the City
Limits.)
Single Family Housing, Sub -Urban (Not more than
One Dwelling Unit per Net five acres. See Rural
Areas for requirements.)
U. To amend Page 33, TRANSPORTATION, to delete the entire
section dealing with Frontage Roads, and to amend Page 7, Policy
Diagram, to delete the rontage oads.
V. To amend Page 33, TRANSPORTATION, POLICIES, Policy
number 4. to delete the reference to regional shopping center
such that Policy 4. shall read as follows:
"4. In order to preserve the integrity of
residential neighborhoods and at the sane time
better serve Industrial Review Areas, Community
Shopping Center and Old Town, the Policy Diagram
identifies circular and perimeter arterial traffic
patterns which intend to enhance, serve, unify and
give shape to Meridian's Urban Service Planning
Area."
W. To amend Page 38, TRANSPORTATION, POLICIES, Policy 8,
MIXED-USE REVIEW AREAS NORTH OF I-84, to delete the entire sub -
policy numbered . and to remove the number on sub -policy 2. and
just locate the paragraph under MIXED-USE REVIEW AREAS NORTH OF
I-84 without a number.
X. To amend Page 39, TRANSPORTATION, POLICIES, Policy 9,
to delete the reference to Regional Shopping Center such that it
AMBROSE.
FITZGERALO
ACROOKSTON
Attorneys And
Counselors
C.O. Bos /27
Meridian. Idaho
83642
Teleptlona es&wl
to delete the
reference to Regional Shopping Center such that it
reads as follows:
119. Locust Grove between Fairview and Franklin should not
be extended or connected. This will protect residential
neighborhoods in the area from impacts of goods -moving
vehicles going to and from the Eastern Industrial Review
Area. Ample access from these trip purposes is already
provided from Eagle Road and Pine Street. The existing
Locust Grove from Fairview to Pine Street could also serve
industrial traffic in this area.
�I
Y. To repeal RURAL AREAS on Pages 39 and 40 and to
re-enact said section so that section reads as follows:
"RURAL AREAS
DEFINITION: Land covered by this policy section has
characteristics which generally allow for agricultural
activity due to the existence of irrigation systems,
soil characteristics and relative freedom from
conflicting urban land uses. Agricultural activity
includes cultivation, pasturing, grazing, crop
production, dairy and feedlot operations and related
activities. Where community growth needs and increased
traffic at access points, creates pressure for new
development, it must be recognized that such land can
no longer economically continue to be identified or
used as agricultural land to the exclusion of orderly
growth and development.
POLICIES
1. The Meridian Comprehensive Plan shall apply in the
rural areas which are outside Meridian's City Limits
and within the Meridian Area of City Impact, and the
Ada County Zoning and Subdivision Ordinances shall
apply in the rural areas outside the City limits.
2. Within the rural areas, outside of Meridian's City
Limits, the City of Meridian will work closely with Ada
County and together establish an Area of City Impact
Agreement. This will assure that the rural areas are
developed in accordance with all applicable provisions
of this Plan.
3. Although it is recognized that urbanized
development does exist within the rural areas of the
Area of City Impact, the rural lands should be kept in
agricultural production as long as possible until
urban services (municipal sewer and water facilities
and other essential services) can be provided. In
that regard the following policies shall apply with
regard to single family dwellings on 5 acre tracts, to-
AMBROSE.
FITZGERALD
&CROOKSTON
Atto,n"sand
Counselor
P.O. Bos 427
Me"Elan, Waho
83812
Telephone 888-4481
wit:
a. Within the Area of City Impact but
outside of the Urban Service Planning Area,
one single family residential building may be
constructed on a 5 acre lot without municipal
sewer and water services being provided if
Central District Health Department approves
private sewer and water services.
b. Within the Urban Service Planning Area
one single family residential house may be
placed on a 5 acre tract provided dry line
sewer and water lines are installed and
constructed and plans and layouts for roads
are made and provisions are made for future
re -subdivision of the 5 acre tract to a
greater density.
C. Within the Urban Service Planning Area
development may occur in densities as low as
4 dwelling units per acre if physical
connection is made to existing City of
Meridian water and sewer services and the
property is platted and subdivided in
accordance with Ada County Zoning and
Subdivision Ordinances Policy.
4. Residential development is allowed in the rural
areas provided that said developmert does not exceed
the Rural Residential Agricultural density, unless it
is inside an Urban Service Planning Area and City sewer
and water is provided, when Low, Medium and High
density residential may be ccnsidered. A 1 1
residential development must also comply with the other
appropriate sections of this plan.
5. Commercial and industrial development should be
discouraged in the rural areas, and would only be
considered if municipal sewer and water and other
appropriate services are provided.
6. Recreational uses which are compatible with
agricultural pursuits may be permitted in the rural
areas.
7. Schools and churches and certain public uses may
be permitted, as they may be necessary to serve the
rural community."
Z. To delete on Page 41, PUBLIC SERVICES, UTILITIES,
FACILITIES, POLICIES (GOVERNMENTAL NAG YEN Policy 3.
aa. To delete on Page 43, PUBLIC SERVICES, UTILITIES,_
FACILITIES, (LAW ENFORCEMENT), Policy 4.
bb. To amend Page 44, PUBLIC SERVICES, UTILITIES,_
FACILITIES,POLICIES (WATER SUPPLY Po icy , such that it reads
asToTo Tows:
113. The construction of individual wells in rural land
within the Urban Service Planning Area shall be allowed
only in conformance with tHURAL AREA Policies."
cc. To amend Page 57, IMPLEMENTATION, CAPITAL IMPROVEMENTS
PROGRAM (CIP),1., City of Meridian Capital Improvement Programs,
y the de etion therefrom of the third mentioned program which
reads "Relocation and expansion of the Police Station."
dd. To amend Page 57, IMPLEMENTATION, CAPITAL IMPROVEMENTS
PROGRAM (CIP), 2., Transportation Improvement Program y
the delet1on therefrom of the second and third programs which
read as follows: "Frontage Road from Eagle Road west to
Kuna/Meridian Road (to service a possible regional shopping
center location." and "Frontage Road from Kuna/Meridian to Ten
Mile Road."
RESPECTFULLY Submitted this 10th day of April, 1990.
A. _
HI N
Rammission Chairman
Planning & Zoning
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.O. Bos 427
Medelen, Idaho
83614
Telephone 808-4461
MERIDIAN CITY COUNCIL
JULY 17, 1990
PAGE #2
REZONING THE NORTH PORTION OF LOT
BLOCK
ITEDI SUBDIVVISIOON REQUESTED
BLINDA EPADDOCK' (THIS CONTINGENT #2
NT UPON CITY COUNCIL
APPROVAL OF ITEM #2)
ING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY
Kingsford: AN ORDINANCE AMEND
LOT 2, BLOCK 2, TESUBDIVISION
IN THE CITY OF MERIDIAN WHICH IS ALL THAT PORTION OF
ME
NORTH OF THE WOUTHERLY 40.00 FEET OF LOT 2, BLOCK 2, TEDI SUBDIVISION, MERIDIAN, ADA
COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIAN, IDAHO;
AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who would like
Ordinance #538 read in its entirety? There was no response.
The Motion was made by Tolsma and seconded by Giesler 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 Number 538 by passed and approved.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea;
Motion Carried: All Yea:
ITEM #4: ORDINANCE #537: ORDINANCE AMENDING THE MERIDIAN COMPREHENSIVE PLAN:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-1102 OF THE REVISED
AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND BY SAID AMENDMENT ADOPTING THE 1990
AME
NDMENTS To THE COMPREHENSIVE PLAN OF THE CITY OF MERIDIAN WHICH AMENDMENTS CHANGE
THE COMMUNITY URBAN SERVICE PLANNING BOUNDARY, CHANGE THE MERIDIAN POLICY DIAGRAM TO
CONFORM TO THE CHANGE IN THE URBAN SERVICE PLANNING AREA BOUNDARY, MAKE TEXT CHANGES TO
CORRECT TYPOGRAPHICAL ERRORS AND REMOVE REFERENCES TO A REGIONAL SHOPPING CENTER AT
I-84 AND MERIDIAN ROAD, REMOVE THE PREVIOUSLY PLANNED FRONTAGES ROADS ALONG I-841
CHANGE THE POLICY DEALING WITH DEVELOPMENT INSIDE AND OUTSIDE THE URBAN SERVICE PLANNING
AREA BOUNDARY PARTICULARY RELATING TO FIVE ACRE TRACTS, RECOGNIZE THAT SOME OF THE
GOALS AND POLICIES OF THE ORIGINAL PLAN ADOPTED IN 1978 HAVE BEEN ACHIEVED, CHANGE THE
POLICY RELATING TO COMMERCIAL DEVELOPMENT AT MORE THAN ONE CORNER OF AN INTERSECTION,
AND RECOGNIZE THAT IT IS UNLIKELY THAT BRANCH OFFICES OF THE COUNTY LAW ENFORCEMENT AND
COURTS WILL BE LOCATED IN MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. Is there anyone
from the public who wishes to have Ordinance #537 read in its entirety? There was no
response.
The Motion was made by Tolsma and seconded by Giesler 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 Number 537 be passed and approved.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea;
Motion Carried: All Yea:
ITEM #5: REZONE REQUEST BY MAX BOESIGER, INC.: TABLED AT LAST MEETING:
Kingsford: Is there any discussion on the Findings that have been prepared.
The Motion was made by Giesler and seconded by Tolsma to approve of the Findings of
Fact and Conclusions of Law for Max Boesiger rezone.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea:
Motion Carried: All Yea:
AMBROSE.
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Mer101an, Idaho
&W2
Telephonel!188 et
0
Ll
ORDINANCE NO. --2-37
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-1102 OF
THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND
BY SAID AMENDMENT ADOPTING THE 1990 AMENDMENTS TO THE
COMPREHENCHANGE THE SCOMMUNITY IVE PLAN UURNTS
BAN SERVICE PLANNING I
NGBOUNDARYIDIAN WHICH
CHANGEETHE
MERIDIAN POLICY DIAGRAM TO CONFORM TO THE CHANGE IN THE URBAN
SERVICE PLANNING AREA BOUNDARY, MAKE TEXT CHANGES TO CORRECT
TYPOGRAPHICAL ERRORS AND REMOVE REFERENCES TO A REGIONAL
SHOPPING CENTER AT I-84 AND MERIDIAN ROAD, REMOVE THE PREVIOUSLY
PLANNED FRONTAGES ROADS ALONG I-84, CHANGE THE POLICY DEALING
WITH DEVELOPMENT INSIDE AND OUTSIDE THE URBAN SERVICE PLANNING
AREA BOUNDARY PARTICULARY RELATING TO FIVE ACRE TRACTS,
RECOGNIZE THAT SOME OF THE GOALS AND POLICIES OF THE ORIGINAL
PLAN ADOPTED IN 1978 HAVE BEEN ACHIEVED, CHANGE THE POLICY
RELATING TO COMMERCIAL DEVELOPMENT AT MORE THAN ONE CORNER OF AN
INTERSECTION, AND RECOGNIZE THAT IT IS UNLIKELY THAT BRANCH
OFFICES OF COUNTY LAW ENFORCEMENT AND COURTS WILL BE LOCATED IN
MERIDIAN; AND PROVIDING AN EFFECTIVE DATE.
City WHEREAS, the Mayor and the City Council of the CiY Of
I
Meridian, State of Idaho, have concluded that it is in the best
interest of the said City to amend the Comprehensive Plan of the
City of Meridian;
WHEREAS, the Planning and Zoning Commission of the City of
Meridian instituted proceedings to amend the Comprehensive Plan
I
of the City of Meridian by petitioning for amendment; and
i
WHEREAS, all of the requirements of the Local Planning Act
of 1975, Chapter 65, Title 67, Idaho Code, and all of the
I
requirements of the amendment procedures of the Comprehensive
Plan of the City of Meridian have been met, including adoption
I
of findings of fact and conclusions of law; and
WHEREAS, Section 67-6509 (c)> Idaho Code provides that
ORDINANCE PAGE - 1
AMBROSE.
FITZGERALD
B CROOKSTON
AtIolneys And
GOunselona
P.O. Boz 427
Meridian, Idaho
611642
Telephone66644E1
0 0
Comprehensive Plans and amendments thereto may be adopted by
reference;
WHEREAS, Section 2-1102 of the Revised and Compiled
Ordinances of the City of Meridian was previously adopted to
amend the Comprehensive Plan of the City of Meridian and whereas
it is in the best interest of the City to amend the
Comprehensive Plan by amendment of Section 2-1102 and
incorporation of said amendments by reference in that section;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION l: That Section 2-1102 of the Revised and Compiled
Ordinances of the City of Meridian is hereby amended to read as
follows:
2-1102: AMENDMENTS TO THE PLAN: The amendments to
the Comprehensive Plan of the City, which were
processed pursuant to the Meridian Comprehensive Plan
and tTitIe 67, eChapter, Idaho Code, are hereby
adopted by the City and said Comprehensive Plan is
hereby deemed amended as provided in said amendments;
the amendments have respective dates of April 2, 1984,
February 19, 1985, September 3, 1985, &Rd January 3,
1989, and July 17, 1990.
Said amendments to the Comprehensive Plan of the City
are hereby adopted by reference thereto above, as
authorized by section 67-6509 (c) and 50-901, Idaho
Code, but said amendments are incorporated herein as
if set forth in full. Three ( 3 ) copies of said
amendments are on file in the office of the City
Clerk, City Hall 33 East Idaho Street, Meridian,
Idaho. All said amendments are hereby authorized to
be set forth in manual form an copies F�aintained ih
the office of the City Clerk.
SECTION 2: 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
ORDINANCE PAGE - 2
its passage, approval and publication according to law.
PASSED AND APPROVED this 17th day of July, 1990.
CITY Of MERIDIAN
ATTEST:
AMBROSE.
FITZGERALD
B CROOKSTON
Attorneys and
CqunseleelOfe ORDINANCE PAGE - 3
P.O. Boa 427
MetlElen, IONo
&VA2
Telephone 8084461
MERIDIAN CITY COUNCIL •
JULY 3, 1990
PAGE # 3
Item #2: Public Hearing: Proposed Amendments to the Meridian Comprehensive Plan:
Mayor Kingsford: At this time I will open the Public Hearing? Is ther anyone in the
audience who wishes to testify on this issue, there was no response, the Public
Hearing was closed. We have a letter from Mr. Dave Abo, of Ada County Development
Service that we will enter into the record.
The Notion was made by Tolsma and seconded by Myers to approve the Findings of Fact &
Conclusions of Law as prepared for the Planning & Zoning Cacmission:
Motion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea:
The Notion was made by Tolsma and seconded by Myers to have the City Attorney prepare
and Ordinance to reflect the changes to the Meridian Omprehensive Plan:
Notion Carried: All Yea:
Item #3: Rezone Request by Max Boesiger, Inc: Tabled at Prior Meeting:
Mayor Kingsford: We have not passed the Ordinance changing the Ccmprehensive Plan, so
I don't think it would be appropriate at this time to deal with this issue. It would
be my reccmmmedation that this be tabled until the Ordinance is passed:
The Notion was made by Yerrington seconded by Tolsma to tabled this issue until after
the Ordinance was approved:
Notion Carried: All Yea:
Item #4: Amended Final Plat on Weathervane Village:
Mayor Kingsford: Any questions of the Council?
Tolma: Are all the camments of the City Engineer taken care of?
Pat Tealy: I have read those and we have no problem with them:
The Notion was made by Myers and seconded by Tolsma to approve of the amended Final Plat
of Weathervane Village conditioned upon meeting the recatmendation of the City Engineer:
Motion Carried: All Yea:
Item #5: Final Plat on Dunten Place Subdivision Phase #I:
Mayor Kingsford: Any questions of the Council?
Tolsma: Has the recam mandation & cannents of the City Engineer be taken into consider-
ation?
Roy Johnson, Engineer for the project: We do not have any problem with the oattnents,
there is two thing that we have not om pleted , the easement is not recorded as yet,
and Ada County Highway District has not signed off.
The Motion was made by Tolsma and seconded by Myers to approve the Final Plat of Dunten
Place Subdivision Phase #I conditioned upon the Easement being recorded, the Ada County
Highway District specifications and the City Engineers requireTents:
Motion Carried: All Yea:
0
MERIDIAN PLANNING & ZONING
JUNE 12, 1990
PAGE #2
Motion Carried: All Yea:
CONCLUSIONS OF LAW: PROPOSED AMENDMENTS TO THE MERIDIAN
ITEM #2: FINDINGS OF FACT AND
COMPREHENSIVE PLAN:
Johnson: Does anybody have any questions on these?
The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning & Zoning
Commission hereby adopts and approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Alidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Hepper and seconded by Alidjani that the Meridian Planning & Zoning
Commission hereby recommends to the City Council that the Planning & Zoning Commission's
proposed Amendments to the Meridian Comprehensive Plan should be approved and adopted.
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: REQUEST BY NEW CONCEPTS DEVELOPERS FOR ANNEXATION AND ZONING
WITH CONDITIONAL USE PERMIT:
Johnson: I will now open the Public Hearing, is there anyone representing the developer
that would like to come forward.
Gary Lee, JUB Engineers, 1990 Turnberry Way, Meridian, was sworn by the Attorney.
Lee: I will give you a brief overview of the project. This request is for annexation
and zone to an L -O Limited Office District with general planned unit development. Along
with that is a COnditional Use request for the different uses identified in the
planned unit development preliminary plat. Included in that Conditional Use is
the multi -family housing district, the daycare facility, a nursing home - retirement
center and a mini storage warehouse facility. There are eleven lots one of which
we are planning along the eastern border of the project to include 108 multi family
apartment complex. The improvements for the site at this point will include public
sanitary sewer system, that we intend to extend from W. Pine Street from an existing
facility, there has been some concern expressed by the City Engineer about the depth
of cover requirement on the project, we did a preliminary concept engineering plan which
was submitted to your City Engineer, indicating that there would be some areas requiring
additional fill over the natural ground. It will require about one to two feet of
additional fill. The domestic water system will again be an extension of the public
facility on Pine Street. The project will also have private streets within the facility.
The streets will be maintained by the Homeowners Association. The development will include
a pressurized irrigation facility. We are contimplating on reworking that floodway through
there to incorporate it as a greenbelt and also to maintain its integrity as a floodway.
Johnson: Does anyone have any questions?
Dennis Marshall, 1921 Incline Way, Meridian, was sworn by the attorney.
Marshall: Showed Members of the Commission a Plan of the facility. We have 60 conv. units,
30 intermediate care units and 40 retirement units. The building is an exact duplicate
on the outside as Capital Care Center. The apartment projects will be mainly two & three
AMBROSE.
FITZGERALD
6 CROOKSTON
AUorrMy44nd
Cou."KmI
P.O. Boz 427
MorMNn, MMw
896012
ToMPMnl BOB 4B1
0 0
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CITY OF MERIDIAN'S
APRIL 1990 APPLICATION TO AMEND
THE MERIDIAN COMPREHENSIVE PLAN
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled application to amend the Meridian
Comprehensive Plan having come on for public hearing on May 8,
1990, at 7:30 o'clock p.m., and the Planning and Zoning
Commission having heard any and all testimony that was
submitted, including judicial knowledge, and including its
knowledge of existing plans for the areas under consideration
and having duly considered all the evidence, officially noticed
evidence and the facts of the Comprehensive Plan itself, the
Local Planning Act of 1975, the Planning and Zoning Commission
makes the following:
FINDINGS OF FACT
1. That the Application was submitted by the Planning and
Zoning Commission and is an amendment proposed by the
commission.
2. That there are two parcels of property specifically
involved in this Application which are 1) the area between
U s t i c k Road and One Quarter Mile North of Ustick Road,
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1
IIf Blackcat Road to Eagle Road, and 2) the
AMBROSE,
FITZGERALD
6 CROOKSTON
AttoIM,! Nd
Ooumsloo
R.O. Bo. IZT
Mnldl•n.I .
8x.2
TONOMn9889401
basically extending rom
Northeast Quadrant of the intersection of Eagle Road and
Interstate I-84; that there are other changes being proposed
which do not relate to any specific parcel of property, but are
text amendments; that the Application of the Planning and
Zoning Commission to amend the Meridian Comprehensive Plan is
hereby incorporated herein as if set forth in full.
3. That the two specific parcels of property to which the
Application applies are contained within the Meridian Area of
Impact, are not contained within the City Limits of the City of
Meridian, and are zoned by the County and not by the City of
Meridian.
4. That there has been developed in the City of Boise a
Regional Shopping Center; that a Regional Shopping Center has
very little likelihood, if any, of being developed at the
intersection of Eagle Road and I-84.
5. That the specific property to which the Application
deals with regarding the Urban Service Planning Area boundary
change is between Ustick Road and One Quarter Mile North of
Ustick Road is used for residential acreages, pasture land and
farm ground.
6. The reasons for the proposed amendments are stated in
the Application.
7. That there are factual changes within the area covered
by the Comprehensive Plan and they include 1) that the Eagle
Road Interchange at I-84 is completed and is not just planned or
FINDINGS OF FACT AND CONCLUSIONS OF LAW 2
AMBROSE,
FITZGERALD
B CROOKSTON
Attomeyeentl
Couneelo.
R.O. Box uT
Meotllen, loeno
BW2
Telepho 8884481
encouraged, 2) that a Regional Shopping Center has been
constructed in Boise and is a fact and it is therefore quite
likely that no Regional Shopping Center will be constructed in
the City of Meridian or within its Area of Impact for some years
in the future, 3) that Ada County has changed its rural area
policies and now allows for some five (5) acre developments; 4)
the City Hall complex has been completed and it includes a new
police station, 5) that it is likely that there will be no
branch office of the Ada County Prosecutors Office and not
likely to have a separate judge with chambers in Meridian, and
there was in fact no jail constructed in the new City Hall, and
the City uses the Ada County Jail; 6) that Eagle Road is planned
for and is presently being constructed and improvement to a five
and six lane road from Overland Road to Fairview Avenue and will
be continued to be improvement through to Chinden Blvd., 7) that
it is likely that development will continue around the
Interchange of Eagle Road and Fairview Avenue and will continue
North, 8) that residential development is pushing westward from
Boise into the areas between Cloverdale Road and Eagle Road, and
9) that there is an Application presently pending for
development for a commercial facility at an intersection where
one corner is already zoned as a commercial development.
8. That the Comprehensive Plan itself recognizes that if
it is to be useful and effective it should not be filed away and
should be continually reviewed and updated. The recommendations
within the Comprehensive Plan should not be interpreted as
FINDINGS OF FACT AND CONCLUSIONS OF LAW 3
AMBROSE,
FITZGERALD
6 CROOKSTON
Atlorm yx And
Counsslero
P.O. Box 427
Marblan, Idaho
83842
Teiaphon8888441
unalterable commitments, but rather as a reflection of the best
foreseeable direction at a given point in time. It is
recommended by the Meridian Planning and Zoning Commission that
at least a yearly review shall be held of the Comprehensive Plan
to update and/or reaffirm the Plan to fit the changing needs as
well as unforseen planning problems and opportunities.
9. That Ada County's change of rural development now
allowing five (5) acre tracts poses substantial possibilities
for adverse impact upon ground water fromr private septic systems
as evidenced by development in the southwestern portion of the
i
Boise Metropolitan Area; that to avoid sewer effluent's adverse
impacts it is necessary to plan and require sewer and water
plans and facilities in areas where possible and likely
residential development will occur in the hopes of preventing
adverse sewer impacts in the five (5) acre tract development
areas.
10. That there are a substantial number of text amendments
of a clerical or typographical error nature and no specific
findings or conclusions need to be made regarding them.
11. That there are areas within the City Limits of the
City where more than one commercial development has occurred at
an intersection, and the refusal to allow commercial development
in the future on more than one corner of an intersection may not
i,
be preferable, and there are other ways of limiting strip
I
development than just allowing only one development at an
intersection.
FINDINGS OF FACT AND CONCLUSIONS OF LAW 4
AMBROSE.
FITZGERALD
d CROOKSTON
A4lomsyssnd
Counwim
R.O. Bos 437
Msnolsn, Iosha
87643
Tol"hoM 8684481
0
0
12. That under Economic Policies it states in part as
follows:
1) The City of Meridian shall make every effort to
create a positive atmosphere which encourages
industrial and commercial enterprises to locate in the
City of Meridian.
2) It is the policy of the City of Meridian to set
aside areas where commercial and industrial interests
and activities are to dominate.
5) Stripping of industrial and commercial uses are
not in compliance with the Comprehensive Plan.
6) It is the policy of the City of Meridian to
support shopping facilities which are effectively
integrated into existing residential areas and plan
for new shopping centers as growth and development
warrant.
13) With regard to Commercial Activity Centers and
their locations the Plan states at Page 20 as follows:
In all cases, the locations of Commercial
Activity Centers should be guided by
performance and development standards.
These standards consider, among other
aspects:
Traffic Volume and Type
Trip Generation
Impacts on Arterial Street System
Proximity to Other Commercial Development
Impacts on Neighborhood Residential Areas
Accessibility of Site
Parking Demands
Pedestrian Circulation
Available Utility Systems
Aesthetics (Design Considerations)
Use Impacts Upon Other Adjacent Uses
Internal Circulation Design
Drainage
14) That the Plan also states at Page 22 that
Neighborhood Commercial Centers should not be located
at more than one corner of an intersection.
CONCLUSIONS OF LAW
FINDINGS OF FACT AND CONCLUSIONS OF LAW 5
AMBROSE,
FITZGERALD
d CROOKSTON
Atlomays and
Co.."10 a
P.O. Box 427
Maddlan, Idaho
89842
TabpM 8884481
1, That the procedural requirements of the Meridian
Comprehensive Plan, hereafter referred to as the "Plan", and of
the Local Planning Act, Title 67, Chapter 65, Idaho Code,
including all notice and hearing requirements have been met;
that the Planning and Zoning Commission has authority to amend
the Comprehensive Plan.
2, That the Application was initiated by the Planning and
Zoning Commission and not by any individual or private entity.
3. That the Commission may take judicial or official
notice of existing conditions in the City, County and State, and
of governmental actions, policies and ordinances and of its own
prior findings in other land use Applications and those of the
City Council.
4. That the function of adopting, amending, or repealing
a Comprehensive Plan is a legislative function. Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P.2d 1075 (1983). That
even though this is a legislative function, the Local Planning
Act requires that Findings of Fact and Conclusions be made for
any Application provided for in the Act.
5. That the Application itself is concluded to meet the
requirements of the Amendment Provision and Procedures of the
Plan; that it is concluded that the Application does not affect
all components of the Comprehensive Plan and therefore those
components other than land use and economic development are
concluded not to be relevant to this Application.
(, That it was previously concluded in prior
FINDINGS OF FACT AND CONCLUSIONS OF LAW 6
AMBROSE,
FITZGERALD
&CROOKSTON
Attmrwye NO
tq .SAII !
P.O. Box 427
Mwid A , M 0
&W2
T*Ieph rotM&U61
0 0
Comprehensive Plan Amendments that the Plan can be amended to
reflect "Good Planning" and the desires and goals of the
citizens and the City Council and the Planning and Zoning
Commission, as the citizens representatives.
7. That the Plan is what it says it is. It is a Plan.
The Plan itself states that it "Summarizes Policies and
Proposals and does not develope detailed site plans". The
comment to the Policy Diagram indicates that the Diagram "is to
be used as a general guide for land use decision-making, not as
a legalistic or literal and definitive map". The Plan therefore
should be liberally construed but still maintained as the
functional guideline for land use decisions; i.e., the Plan
policies and objectives cannot be willingly disregarded when
there is an apparent conflict between the Plan and the proposed
use. The City has the duty to continually plan; that the
Commission treats amendments proposed either by private entities
or the City itself as part of the planning duty and function.
8. That there has been significant changes in the area
warranting changes in the Comprehensive Plan; that one of those
changes is the fact that a regional shopping center has been
constructed in Boise and it is concluded to be very unlikely
that an additional one will be constructed at the specific site
location dealt with in the Application. That another
significant change is the change by the Ada County Commissioners
to allow development of five (5) acre tracts within the
unincorporated areas of Ada County; also the changes along Eagle
FINDINGS OF FACT AND CONCLUSIONS OF LAW 7
AMBROSE,
FITZGERALD
►CROOKSTON
Atlomeyssnd
Cq nselms
R.O. Bo. e27
Meddlsn, Idaho
&W2
TeleDnone888101
0 0
Road also constitute substantial and significant changes in the
area warranting changes in the Comprehensive Plan.
9, That it is concluded that the current statement in the
Plan that no more than one corner of an intersection should be
developed commercially with a neighborhood center is too
restrictive, that each intersection development must be treated
on a case by case basis; and that the location guidelines for
Activity Centers on Page 20 of the Plan are sufficient to guide
location of all types of Activity Centers; it is further
concluded that development of more than one corner of an
intersection commercially does not necessarily lead to strip
development, but may reduce tendency for strip development.
10. That the Commission concludes that the facts presented
and the officially noticed facts are sufficient to amend the
Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW 8
AMBROSE,
FITZGERALD
B CROOKSTON
Attomeys and
Oounselo
P.O. Bos 427
Medalan.Iaho
&W2
TSlephone 8804461
0
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL:
Commissioner Hepper
Commissioner Rountree
Commissioner Shearer
Commissioner Alidjani
Chairman Johnson (Tie Breaker)
RECOMMENDATION
Voted
Voted --
Votedl
Voted
Voted
The Meridian Planning and Zoning Commission hereby
recommends to the City Council that the Planning and Zoning
Commission's proposed Amendments to the Meridian Comprehensive
Plan should be approved and adopted.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW 9
AMBROSE.
FITZGERALD
B CROOKSTON
Attorneyaand
Counselors
P.O. Box 421
Meridian, Idaho
03642
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
City Council of the City of Meridian will hold a public hearing
at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,
at the hour of 7:30 o'clock p.m., on July 3, 1990, for the
purpose of considering the Application of the Planning and Zoning
Commission to amend the Meridian Comprehensive Plan which
proposed amendments are summarized as follows:
a. To amend the Community Urban Service Planning Boundary
to extend it north of Ustick Road.
b. To amend the Meridian Policy Diagram on Page 7 of the
Comprehensive Plan to have the Diagram conform to the above
proposed change in the Community Urban "Service Planing Area
Boundary.
C. To make some text amendments to correct typographical
errors and to remove many references to a regional shopping
center at I-84 and Meridian Road, and remove the planned frontage
roads along I-84 and references to them.
d. To change that portion of the Plan dealing with
development inside and outside the Urban Service Planning area,
but within the Area of City Impact, particularly relating to 5
AMBROSE,
FITZGERALD
S CROOKSTON
Attorneys and
Counselors
P.O. Boz 427
Meridien, Idaho
83892
Telephone 888 461
0 0
acre tracts and sewer and water requirements and planning for
future re -subdivision, water and sewer connection; and a change
to all of the Plan dealing with rural area development.
e. To recognize that some policies and goals have been
achieved such as a new City Hall, an interchange at I-84 and
Eagle Road, and improvements to the interchange at I-84 and
Meridian Road.
f. To change the policy relating to commercial development
at major intersections.
g. Amendments recognizing it is unlikely branch offices of
the law enforcements and courts will be located in Meridian.
That a copy of this entire Application to amend the Meridian
Comprehensive Plan is available at the office of the City Clerk,
33 E. Idaho Street, Meridian, Idaho.
Public comment is welcome and will be heard and considered.
DATED thi, }h day of June, 1990.
JACK NIEMAN ItTY CL RK
May 29, 1990
Mr. David Abo
Ada County Development Services
650 Main Street
Boise, Idaho 83701
Dear Dave,
The City of Meridian has started the process to amend their Comprehensive
Plan to reflect the necessary changes to allow the new county zoning
within our Impact Area and to allow residents that are outside the
City limits to develop their property. Also included in the proposed
amendments are some house keeping items.
We are attaching a copy of the Proposed Amendments and if Ada County
has any comments on these proposed comments please submit them prior
to July 3, 1990 for consideration at the Public Hearing scheduled on
that date.
Sincerely,
• TREASURE VALLEY •
HUB OF
A Good Place to Live
OFFICIALS
COUNCILMEN
JACK NEMAN N, Cty
RJJ..
JANCEIGASS, Treisurer
CITY OF MERIDIAN
EA BERT MYERSA
BRUCE D. STUART, Water Works Supt.
ROBERT GIESLER
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
MAXYERRINGTON
EARL WARD, Waste Water Supt,
MERIDIAN, IDAHO 83642
KENNY BOWERS, Fire Chief
Chairman Zoning a Planning
BILL GORDON, Police Chief
Phone 86&4433
JIM JOHNSON
GARY SMITH, City Engineer
GRANT P. KINGSFORD
Mayor
May 29, 1990
Mr. David Abo
Ada County Development Services
650 Main Street
Boise, Idaho 83701
Dear Dave,
The City of Meridian has started the process to amend their Comprehensive
Plan to reflect the necessary changes to allow the new county zoning
within our Impact Area and to allow residents that are outside the
City limits to develop their property. Also included in the proposed
amendments are some house keeping items.
We are attaching a copy of the Proposed Amendments and if Ada County
has any comments on these proposed comments please submit them prior
to July 3, 1990 for consideration at the Public Hearing scheduled on
that date.
Sincerely,
0 0
MERIDIAN P & Z
MAY 8, 1990
PAGE #4
Gowing: Street drainage is going to be a problem still. The speeding is also a problem.
I want an R-4.
C. Johnson: Anyone else?
Charles Bates, 2182 NW 11th, was sworn by the attorney.
Bates: Voiced concerns about overcrowding in schools, and would like it to stay as
an R-4.
C. Johnson: Anyone else from the public?
Randolph Niesen, 1122 Delmar, was sworn by the attorney.
Niesen: Also concerned about over -crowding in schools. I would hope that you gentlemen
would limit the size and the number of these subdivisions to allow our schools and other
public facilities to catch up to the number of homes that have been built. Second concern
is the value of these homes. I feel there is an excess amount of homes empty that are
less than five years old.
Shearer: If those houses were priced properly they would sell.
Eric Gabrielson, 2016 NW 8th, was sworn by the attorney.
Gabrielson: With this being the final phase I would like to see the lot & zoning remains
at R-4 level. Voiced concerns on schools, effect on property values & traffic.
Johnson: The R-8 would allow us to go to 6000 sq. ft. we are not proposing that at
all, we are proposing to go to 7500 sq. ft.. Made comments on traffic problems. The
homes that are built on these lots are going to based upon what's existing and what's
marketable.
Chairman Johnson: I will close the Public Hearing.
Hepper: I don't really see how you can require another man to build a street on your
property.
Shearer: Your providing an easement if he wants to build it okay and if he doesn't
okay.
Discussion. (TAPE ON FILE)
The Motion was made by Shearer and seconded by Rountree to have the attorney prepare
the Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
ITEM Y2: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE MERIDIAN COMPREHENSIVE PLAN:
Johnson: These have been published in the paper and you have copies in front of you.
I will open the Public Hearing, is there anyone present who wishes to testify. Being
no response the Public Hearing was closed. Explained the amendments.
Hepper: Could you explain the difference between the area of city impact and the urban
service planning area?
0
MERIDIAN P & Z
MAY 81 1990
PAGE #5
0
Clerk Niemann: The area of impact is the land that we think someday down the road might
be in the City limits, the urban service planning area is what we can actually serve
with our water & sewer.
Discussion about frontage roads - tape on file.
The Motion was made by Rountree and seconded by Shearer to amend the petition Item 8-U
to change that item to allow the section dealing with the frontage roads to remain
but to delete the reference of frontage roads and indication of frontage roads on the
policy diagram.
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Alidjani to have the attorney prepare
the Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
ITEM #3: VACATION OF EASEMENT REQUEST BY ALBERTSONS:
The Motion was made by Hepper and seconded by Alidjani to recommend to the City Council to all,
the vacation of easement request by Albertson.
Motion Carried: All Yea:
Johnson: One of the things that has come up quite often is the street light situation.
As a replacement for street lighting we have allowed in the past yard lights to be
put in. This is something we need to talk about. Discussion. (Tape on File)
Also read a letter received from Winston Moore thanking the City for a pleasurable experience
in dealing with the City.
The Motion was made by Rountree and seconded by Shearer to adjourn at 8:45 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
JIM JOHNSON, CHAIRMAN
ATTEST:
mayor & Council Valley News, Statesman, ACRD,
P&Z members, Atty, NIMD, CDH, ACC, SID, Bldg. Dept.
Eng., Fire, Police, Mail (2)
Stuart, Ward, Hallett, Gass File (2)
MERIDIAN CITY COUNCIL
APRIL 10, 1990
PAGE #13
Chairman Johnson: Is there anyone else present to testify, being no response the Public
Hearing was closed.
The Motion was made by Shearer and seconded by Hepper to have the Attorney prepare the
Findings of Fact and Conclusions of Law for this project.
Motion Carried: All Yea:
The Motion was made by Alidjani and seconded by Shearer to recommend favorably to the
Meridian Council for the Rezone.
Motion Carried: All Yea:
ITEM #8: REVIEW APPLICATION TO AMEND THE COMPREHENSIVE PLAN:
There was some discussion. (Tape on file)
The Motion was made by Rountree and seconded by Shearer to adopt the ordinance application
or petition to amend the Meridian Comprehensive P1an.Will be discussed at May 8th meeting.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree to adjourn at 9:43 P.M.:
JIM JOHNSON, CHAIRMAN
ATTEST:
pc: Mayor & Council
P & z Members, Atty,
Eng., Bldg. ward,
Stuart, Valley News,
Statesman, Gass, Police,
ACHD, NMID, CDH, Settlers,
Mail (7)
File (7)
AMBROSE,
FITZGERALD
S CROOKSTON
Attorneys and
Counselor*
P.O. Box 427
Meridian, Idaho
83642
i
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of thi
City of Meridian and the laws of the State of Idaho, that thi
Planning and Zoning Commission of the City of Meridian will holc
a public hearing at the Meridian City Hall, 33 East Idahr
Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., or
May 8, 1990, for the purpose of considering the Application of
the Planning and Zoning Commission to amend the Meridiar
Comprehensive Plan which proposed amendments are summarized a�
follows:
a. To amend the Community Urban Service Planning Boundarl
to extend it north of Ustick Road.
b. To amend the Meridian Policy Diagram on Page 7 of the
Comprehensive Plan to have the Diagram conform to the above
proposed change in the Community Urban Service Planing Aree
Boundary.
C. To make some text amendments to correct typographical
errors and to remove many references to a regional shoppinc
center at I-84 and Meridian Road, and remove the planned frontage
roads along I-84 and references to them.
d. To change that portion of the Plan dealing witF
development inside and outside the Urban Service Planning area,
but within the Area of City Impact, particularly relating to 5
0 0
acre tracts and sewer and water requirements and planning for
future re -subdivision, water and sewer connection; and a change
to all of the Plan dealing with rural area development.
e. To recognize that some policies and goals have been
achieved such as a new City Hall, an interchange at I-84 and
Eagle Road, and improvements to the interchange at I-84 and
Meridian Road,
f. To change the policy relating to commercial development
at major intersections.
g. Amendments recognizing it is unlikely branch offices of
the law enforcements and courts will be located in Meridian.
That a copy of this entire Application to amend the Meridian
Comprehensive Plan is available at the office of the City Clerk,
33 E. Idaho Street, Meridian, Idaho.
Public comment is welcome and will be heard and considered.
DATED this,.'.3)'17day of April, 1990.
AMBROSE,
FITZGERALD
B CROOKSTON
Attorneys and
Counselors
P.O. Bos 417
Meridian, Idaho
87841
r
AMBROSE.
FITZGERALD
d CROOKSTON
Attorneys and
Counselors
P.O. Roe 427
Meridien, Idaho
83'2
Telepho"88114e81
0
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of tht
City of Meridian and the laws of the State of Idaho, that the
Planning and Zoning Commission of the City of Meridian will holc
a public hearing at the Meridian City Hall, 33 East Idahr
Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., or
May 8, 1990, for the purpose of considering the Application of
the Planning and Zoning Commission to amend the Meridiar
Comprehensive Plan which proposed amendments are summarized as
follows:
a. To amend the Community Urban Service Planning Boundarl
to extend it north of Ustick Road.
b. To amend the Meridian Policy Diagram on Page 7 of the
Comprehensive Plan to have the Diagram conform to the above
proposed change in the Community Urban Service Planing Aree
Boundary.
C. To make some text amendments to correct typographical
errors and to remove many references to a regional shoppinc
center at I-84 and Meridian Road, and remove the planned frontage
roads along I-84 and references to them.
d. To change that portion of the Plan dealing witt
development inside and outside the Urban Service Planning area,
but within the Area of City Impact, particularly relating to 5
0 0
acre tracts and sewer and water requirements and planning for
future re -subdivision, water and sewer connection; and a change
to all of the Plan dealing with rural area development.
e. To recognize that some policies and goals have been
achieved such as a new City Hall, an interchange at I-84 and
Eagle Road, and improvements to the interchange at I-84 and
Meridian Road.
f. To change the policy relating to commercial development
at major intersections.
g. Amendments recognizing it is unlikely branch offices of
the law enforcements and courts will be located in Meridian.
That a copy of this entire Application to amend the Meridian
Comprehensive Plan is available at the office of the City Clerk,
33 E. Idaho Street, Meridian, Idaho.
Public comment
y,is welcome and will be heard and considered.
DATED this/30 day of April, 1990.
AMBROSE.
FITZGERALD
B CROOKSTON
Attorneys and
Counselor.
P.O. Bos 427
Ma.Idian, Idaho
83541
Telephone 085401
AMBROSE,
FITZGERALD
&CROOKSTON
AttomeysanE
Counselors
P.O. Box 427
Meridian, IEaho
83812
Teleplgne8884481
•
E
THE PLANNING AND ZONING COMMISSION'S APPLICATION
TO AMEND THE MERIDIAN COMPREHENSIVE PLAN
The Planning and Zoning Commission hereby applies to itself
and to the Meridian City Council for amendments to the Meridian
Comprehensive Plan. This Application is submitted pursuant to
the Amendment Provision and Procedures of the Plan at page 59
thereof and pursuant to Title 67, Chapter 65, Idaho Cade, known
as the Local Planning Act of 1975. In support o the Ampliation
the Commission submits the following:
1. The changes being requested are hereinafter set forth
under paragraph number eight (8).
2. There is no specific parcel of property that is being
considered other than extension of the Community Urban Service
Planning Boundary.
3. The condition and situation which warrants the changes
in the Plan are that the County of Ada has changed its zoning
designations in the rural area such that development of five acre
parcels may be able to occur and has indicated that the Meridian
Comprehensive Plan should govern the Area of City Impact and not
the Ada County Rural Plan; there have been changes in planned
roads; also there are clerical errors that need to be corrected
and additional changes that need to be made to reflect that there
presently is no possibility that a regional shopping center will
be located at the Meridian/I-84 intersection.
4. The need and benefit for the amendments are to
recognize that there is a desire and demand for five acre
parcels to be developed in a residential fashion, to square off
the urban service planning area boundary to include areas that
will likely be eventually included in the City of Meridian and
for which services will likely be available and which services
need to be planned for, and as far as the text amendments are
concerned, to ensure that the plan itself reads correctly and its
meaning is clearly understood.
5. There is no documentation that no other solutions to
the problem presented by current policy of the Plan are possible
or reasonable.
6. The development intentions of the area proposed to be
included in the Urban Service Planning Area extension are not
known at the present time and will not likely be known until a
developer approaches the City with a specific plan. That area is
the only specific parcel of property that is concerned in this
Application. There have been a number of inquires of the City as
to possibility of developing property in five acre tracts as
residences since Ada County amended its Rural Policy and there
has been pressure on the City to allow such development and such
cannot occur unless the City amends it comprehensive Plan.
AMBROSE,
FITZGERALD
dCROOKSTON
Atlomeya nM
Counaelore
P.O. Box 427
Matldlan, Idaho
&9842
Telephone SSSN I
0
7. The major reason for the proposed changes is to
establish a policy for the development of five acre tracts that
are within the City Impact Area, and to extend the Urban Service
Planning Area Boundary, and to correct some clerical errors and
to delete the remaining vestiges of the regional shopping center
that was once planned for the intersection of Meridian Road and
Interstate 1-84.
The specific proposed amendments are as follows:
a. To amend the Community Urban Service Planing Boundary
such that it reads as follows:
Commencing at the intersection of the west right-
of-way line of Black Cat Road and a point one-quarter
mile north of Ustick Road, the Real Point of Beginning;
thence South along the West right-of-way line of Black
Cat Road to the Kennedy Lateral; thence along the
Kennedy Lateral to Linder Road; thence south to
Overland Road; thence easterly along Overland Road to
the City limits; thence south along the city limits
line to its southern most point on that line; thence
directly east to Meridian Greens subdivision; thence
following around the Meridian Greens Subdivision
boundary to a point which is one-quarter mile south of
Overland Road; thence directly east to a point one-
quarter of a mile west of Cloverdale Road; thence
directly north to a line which is three-quarters (3/4)
of a mile north of Fairview Avenue; thence directly
west to a point which is on the line which is one-
quarter of a mile west of Eagle Road; thence directly
north to a point one-quarter (1/4) mile north of Ustick
Road; and thence west along that line to the Real Point
of Beginning.
b. To amend the Meridian Policy Diagram on Page 7 of the
Comprehensive Plan to have the Diagram conform to the above
proposed change in the Community Urban Service Planing Area
Boundary.
C. To amend Page 11, Physical Environment, second
paragraph, in the ninth line, second word to change "has" to
"have".
d. To amend Page 12, Physical Environment, Policy 7, to
read as follows:
"No septic tank systems within the Urban Service
Planning Area shall be approved by the City or the
Central District Health Department unless the following
is demonstrated prior to approval:
AMBROSE,
FITZGERALD
d CROOKSTON
Attorneys end
Counselors
P.O. Box 627
Meridian. Idaho
&W2
dechons 8884681
0
0
a. D r y s e w e r l i n e s h a v e b e e n
constructed and installed in preparation of
connection to wet sewer lines throughout the
parcel of land owned by the person proposing
to install the septic system and plans have
been prepared for connection to the municipal
sewer system.
b. Placement of the temporary septic
system will not degrade groundwater or
surface water aquifers during the interim
period.
C. The septic system is solely a
temporary and interim waste water disposal
system.
e. To amend Page 13, Population Growth, fifth paragraph,
second and third lines, to delete the following language:
it . . or when a proposed regional shopping center
becomes a reality, . . ."
f. To amend Page 15, Economic Development, paragraph 3,
line 8, which now reads " so removing them for the categories
of land on which residential development can be " to change
the word "for" to "from" such that the line would thus read as
follows, " so removing them from the categories of land on
which residential development can be . . ."
g. To amend Page 16, Economic Development, policy 6,
first line, which now reads as follows: "It is the policy of
the City of Meridian to support shipping facilities which are .
" such that it would read as follows: "It is the policy of the
City of Meridian to support shopping facilities which are . . ."
h. To amend Page 18, Economic Development, under
INDUSTRIAL POLICIES, policy 9, first line, which now reads, "
9. Industrial development should be encouraged to located
adjacent to existing . " such that it would read as follows: "
9. Industrial development should be encouraged to locate
adjacent to existing . . "
i. To amend Page 19, Economic Development, under
INDUSTRIAL REVIEW AREAS, EASTERN INDUSTRIAL REVIEW AREA,
POLICIES, policy 3, line 4, to delete the following language at
the end of the paragraph, " . , and a proposed site of a
regional shipping center in the northeast quadrant of the
intersection Interstate I-84 and Eagle Road."
j. To amend Page 19, Economic Development, INDUSTRIAL
REVIEW AREAS, TECHNICAL INDUSTRIAL REVIEW AREA, POLICIES, policy
1., such that it shall read as follows:
AMBROSE,
FITZGERALD
A CROOKSTON
Attornayeand
Co"nealora
P.O. Boz 127
Marldlan, Idaho
88912
TaIeP"one Bfi�1
0 0
"It was the previous policy of the City of Meridian to
encourage and to promote the development of an interchange at the
intersection of Eagle Road and Interstate I-84 and that is
presently being constructed and will be a reality in the very
near future."
k. To amend Page 20, COMMERCIAL ACTIVITY CENTERS, first
paragraph, to delete the reference to Regional Shopping Center,
and to renumber the different types of activity centers such that
the paragraph would read as follows:
"The Comprehensive Plan identifies three different
Commercial Activity Centers: 1) Community Shopping Center;
2) Neighborhood Shopping Center; and 3) Old Town of
Meridian."
1. To amend Page 20, Economic Development, COMMERCIAL
ACTIVITY CENTERS, second paragraph, to delete the entire
reference to Regional Shopping Center, such that the second
paragraph would be the reference to Community Shopping Center,
and the language contained therein.
M. To amend Page 21, COMMERCIAL ACTIVITY CENTERS,
REGIONAL SHOPPING CENTER, to delete the entire reference
REGIONAL SHOPPING CENTERS.
n. To amend Page 21, COMMERCIAL ACTIVITY CENTERS,
COMMUNITY SHOPPING CENTERS, POLICY, to delete the entire policy
which references impacts on a regional shopping center.
0. To amend Page 22, COMMERCIAL ACTIVITY CENTERS,
NEIGHBORHOOD COMMERCIAL CENTER, POLICIES, Policy 2. c) to delete
that policy which reads as follows: "c) At no more than one
corner of an intersection."
P. To amend Page 24, MIXED-USE REVIEW AREAS, MIXED USE
REVIEW AREA WEST OF KUNA/MERIDIAN ROAD, NORTH OF I-84 AND SOUTH
OF WALTMAN LANE, first paragraph, such that it reads as follows:
"This area is relatively level in topography and will have
excellent access to the freeway interchange. As a site for
warehousing, light industry and related commercial activities,
this mixed-use area will provide an excellent location for
support services to the community."
q. To amend Page 24, MIXED-USE REVIEW AREAS, MIXED USE
REVIEW AREA WEST OF KUNA/MERIDIAN ROAD, NORTH OF I-84 AND SOUTH
OF WALTMAN LANE, POLICIES, Policy 4., to delete the entire
policy.
r. To amend Page 24, MIXED-USE REVIEW AREAS, MIXED USE
REVIEW AREA EAST OF KUNA/MERIDIAN ROAD, NORTH OF I-84 AND SOUTH
OF MERIDIAN SPEEDWAY AND STOREY PARK, POLICIES, Policy 1., such
that it reads as follows:
AMBROSE,
F1T2GERALD
6 CROOKSTON
Allomeysand
Counselors
P.O. Box 427
Maridlan, Idaho
83642
9
"It was the policy of the City of Meridian to
encourage and promote the further development of the
Meridian Road/I-84 Interchange into a full diamond or clover
leaf and that has been accomplished and further development
should now be encouraged in the area."
S. To amend Page 25, HOUSING DEVELOPMENT, RURAL RESIDENTI
AGRICULTURAL, such that it reads as follows:
"RURAL RESIDENTIAL - AGRICULTURAL (Outside the
Urban Service Planning Area, but inside the Area
of Impact.)
Single Family Housing, Farming (Not more than One
Dwelling Unit per net five acres.
t. To amend Page 25, HOUSING DEVELOPMENT, to add a new
provision which shall read as follows:
"RURAL RESIDENTIAL - SUB -URBAN (Inside the Urban
Service Planning Area, but outside the City
Limits.)
Single Family Housing, Sub -Urban (Not more than
One Dwelling Unit per Net five acres. See Rural
Areas for requirements.)
U. To amend Page 33, TRANSPORTATION, to delete the entire
section dealing with Frontage Roads, and to amend Page 7, Policy
Diagram, to delete the—Frontage Roads.
V. To amend Page 33, TRANSPORTATION, POLICIES, Policy
number 4. to delete the reference to regional shopping center
such that Policy 4. shall read as follows:
"4. In order to preserve the integrity of
residential neighborhoods and at the same time
better serve Industrial Review Areas, Community
Shopping Center and Old Town, the Policy Diagram
identifies circular and perimeter arterial traffic
patterns which intend to enhance, serve, unify and
give shape to Meridian's Urban Service Planning
Area."
W. To amend Page 38, TRANSPORTATION, POLICIES, Policy 8,
MIXED-USE REVIEW AREAS NORTH OF I-84, to delete the entire sub -
policy numbered . and to remove t e number on sub -policy 2. and
just locate the paragraph under MIXED-USE REVIEW AREAS NORTH OF
I-84 without a number.
X. To amend Page 39, TRANSPORTATION, POLICIES, Policy 9,
to delete the reference to Regional Shopping Center such that it
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
831142
Telephone 888-4481
0 0
to delete the reference to Regional Shopping Center such that it
reads as follows:
"9. Locust Grove between Fairview and Franklin should not
be extended or connected. This will protect residential
neighborhoods in the area from impacts of goods -moving
vehicles going to and from the Eastern Industrial Review
Area. Ample access from these trip purposes is already
provided from Eagle Road and Pine Street. The existing
Locust Grove from Fairview to Pine Street could also serve
industrial traffic in this area."
Y. To repeal RURAL AREAS on Pages 39 and 40 and to
re-enact said section so that section reads as follows:
"RURAL AREAS
DEFINITION: Land covered by this policy section has
characteristics which generally allow for agricultural
activity due to the existence of irrigation systems,
soil characteristics and relative freedom from
conflicting urban land uses. Agricultural activity
includes cultivation, pasturing, grazing, crop
production, dairy and feedlot operations and related
activities. Where community growth needs and increased
traffic at access points, creates pressure for new
development, it must be recognized that such land can
no longer economically continue to be identified or
used as agricultural land to the exclusion of orderly
growth and development.
POLICIES
1. The Meridian Comprehensive Plan shall apply in the
rural areas which are outside Meridian's City Limits
and within the Meridian Area of City Impact, and the
Ada County Zoning and Subdivision Ordinances shall
apply in the rural areas outside the City limits.
2. Within the rural areas, outside of Meridian's City
Limits, the City of Meridian will work closely with Ada
County and together establish an Area of City Impact
Agreement. This will assure that the rural areas are
developed in accordance with all applicable provisions
of this Plan.
3. Although it is recognized that urbanized
development does exist within the rural areas of the
Area of City Impact, the rural lands should be kept in
agricultural production as long as possible until
urban services (municipal sewer and water facilities
and other essential services) can be provided. In
that regard the following policies shall apply with
regard to single family dwellings on 5 acre tracts, to-
AMBROSE,
FITZGERALD
bCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
&W2
wit:
• 0
a. Within the Area of City Impact but
outside of the Urban Service Planning Area,
one single family residential building may be
constructed on a 5 acre lot without municipal
sewer and water services being provided if
Central District Health Department approves
private sewer and water services.
b. Within the Urban Service Planning Area
one single family residential house may be
placed on a 5 acre tract provided dry line
sewer and water lines are installed and
constructed and plans and layouts for roads
are made and provisions are made for future
re -subdivision of the 5 acre tract to a
greater density.
C. Within the Urban Service Planning Area
development may occur in densities as low as
4 dwelling units per acre if physical
connection is made to existing City of
Meridian water and sewer services and the
property is platted and subdivided in
accordance with Ada County Zoning and
Subdivision Ordinances Policy.
4. Residential development is allowed in the rural
areas provided that said development does not exceed
the Rural Residential Agricultural density, unless it
is inside an Urban Service Planning Area and City sewer
and water is provided, when Low, Medium and High
density residential may be considered. Al
residential development must also comply with the other
appropriate sections of this plan.
5. Commercial and industrial development should be
discouraged in the rural areas, and would only be
considered if municipal sewer and water and other
appropriate services are provided.
6. Recreational uses which are compatible with
agricultural pursuits may be permitted in the rural
areas.
7. Schools and churches and certain public uses may
be permitted, as they may be necessary to serve the
rural community."
Z. To delete on Page 41, PUBLIC SERVICES, UTILITIES,
FACILITIES, POLICIES (GOVERNMENTAL NA N o icy J.
aa. To delete on Page 43, PUBLIC SERVICES, UTILITIES,
9 0
FACILITIES, (LAW ENFORCEMENT), Policy 4.
bb. To amend Page 44, PUBLIC SERVICES, UTILITIES,
FACILITIES, POLICIES (WATER SUPPLY), Policy 3, such that it reads
as f— oilows:
3. The construction of individual wells in rural land
within the Urban Service Planning Area shall be allowed
only in conformance with tRURAL AREA Policies."
cc. To amend Page 57, IMPLEMENTATION, CAPITAL IMPROVEMENTS
PROGRAM (CIP),1., City of Meridian Capital Improvement Programs,
y the deletion therefrom of the third mentioned program which
reads "Relocation and expansion of the Police Station."
dd. To amend Page 57, IMPLEMENTATION, CAPITAL IMPROVEMENTS
PROGRAM (CIP), 2., Transportation Improvement Program y
the deletion therefrom of the second and third programs which
read as follows: "Frontage Road from Eagle Road west to
Kuna/Meridian Road (to service a possible regional shopping
center location." and "Frontage Road from Kuna/Meridian to Ten
Mile Road."
RESPECTFULLY Submitted this 10th day of April, 1990.
H N
ommission Chairman
Planning & Zoning
AMBROSE,
FITZGERALD
B CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridien, Idaho
89042
Telephone 88&4401
AMBROSE.
FITZGERALD
A CROOKSTON
AttomeysnnA
Counselors
P.O. Box 427
Meridien, lda
83842
Tele"o"8884481
THE PLANNING AND ZONING COMMISSION'S APPLICATION
TO AMEND THE MERIDIAN COMPREHENSIVE PLAN
The Planning and Zoning Commission hereby applies to itself
and to the Meridian City Council for amendments to the Meridian
Comprehensive Plana This Application is submitted pursuant to
the Amendment Provision and Procedures of the Plan at page 59
thereof and pursuant to Title 67, Chapter 65, Idaho Code, known
as the Local Planning Act of 1975. In support of —F—he--Ampliation
the Commission submits the following:
1. The changes being requested are hereinafter set forth
under paragraph number eight (8).
2. There is no specific parcel of property that is being
considered other than extension of the Community Urban Service
Planning Boundary.
3. The condition and situation which warrants the changes
in the Plan are that the County of Ada has changed its zoning
designations in the rural area such that development of five acre
parcels may be able to occur and has indicated that the Meridian
Comprehensive Plan should govern the Area of City Impact and not
the Ada County Rural Plan; there have been changes in planned
roads; also there are clerical errors that need to be corrected
and additional changes that need to be made to reflect that there
presently is no possibility that a regional shopping center will
be located at the Meridian/I-84 intersection.
4. The need and benefit for the amendments are to
recognize that there is a desire and demand for five acre
parcels to be developed in a residential fashion, to square off
the urban service planning area boundary to include areas that
will likely be eventually included in the City of Meridian and
for which services will likely be available and which services
need to be planned for, and as far as the text amendments are
concerned, to ensure that the plan itself reads correctly and its
meaning is clearly understood.
5. There is no documentation that no other solutions to
the problem presented by current policy of the Plan are possible
or reasonable.
6. The development intentions of the area proposed to be
included in the Urban Service Planning Area extension are not
known at the present time and will not likely be known until a
developer approaches the City with a specific plan. That area is
the only specific parcel of property that is concerned in this
Application. There have been a number of inquires of the City as
to possibility of developing property in five acre tracts as
residences since Ada County amended its Rural Policy and there
has been pressure on the City to allow such development and such
cannot occur unless the City amends it comprehensive Plan.
AMBROSE,
FITZGERALD
eCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83042
Telephone 86"461
0 0
7. The major reason for the proposed changes is to
establish a policy for the development of five acre tracts that
are within the City Impact Area, and to extend the Urban Service
Planning Area Boundary, and to correct some clerical errors and
to delete the remaining vestiges of the regional shopping center
that was once planned for the intersection of Meridian Road and
Interstate I-84.
8. The specific proposed amendments are as follows:
a. To amend the Community Urban Service Planing Boundary
such that it reads as follows:
Commencing at the intersection of the west right-
of-way line of Black Cat Road and a point one-quarter
mile north of Ustick Road, the Real Point of Beginning;
thence South along the West right-of-way line of Black
Cat Road to the Kennedy Lateral; thence along the
Kennedy Lateral to Linder Road; thence south to
Overland Road; thence easterly along Overland Road to
the City limits; thence south along the city limits
1 ine to i is southern most point on that 1 ine; thence
directly east to Meridian Greens subdivision; thence
following around the Meridian Greens Subdivision
boundary to a point which is one-quarter mile south of
Overland Road; thence directly east to a point one-
quarter of a mile west of Cloverdale Road; thence
directly north to a line which is three-quarters (3/4)
of a mile north of Fairview Avenue; thence directly
west to a point which is on the line which is one-
quarter of a mile west of Eagle Road; thence directly
north to a point one-quarter (1/4) mile north of Ustick
Road; and thence west along that line to the Real Point
of Beginning.
b. To amend the Meridian Policy Diagram on Page 7 of the
Comprehensive Plan to have the Diagram conform to the above
proposed change in the Community Urban Service Planing Area
Boundary.
C. To amend Page 11, Physical Environment, second
paragraph, in the ninth line, second word to change "has" to
Ilhave".
d. To amend Page 12, Physical Environment, Policy 7, to
read as follows:
"No septic tank systems within the Urban Service
Planning Area shall be approved by the City or the
Central District Health Department unless the following
is demonstrated prior to approval:
AMBROSE,
FITZGERALD
B CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
931142
Telephone 9864491
E
0
a, Dry sewer lines have been
constructed and installed in preparation of
connection to wet sewer lines throughout the
parcel of land owned by the person proposing
to install the septic system and plans have
been prepared for connection to the municipal
sewer system.
b. Placement of the temporary septic
system will not degrade groundwater or
surface water aquifers during the interim
period.
c. The septic system is solely a
temporary and interim waste water disposal
system.
e. To amend Page 13, Population Growth, fifth paragraph,
second and third lines, to delete the following language:
", . . or when a proposed regional shopping center
becomes a reality, ."
f. To amend Page 15, Economic Development, paragraph 3,
line 8, which now reads " .so removing them for the categories
of land on which residential development can be ." to change
the word "for" to "from" such that the line would thus read as
follows, " .so removing them from the categories of land on
which residential development can be ."
g. To amend Page 16, Economic Development, policy 6,
first line, which now reads as follows: "It is the policy of
the City of Meridian to support shipping facilities which are . .
such that it would read as follows: "It is the policy of the
City of Meridian to support shopping facilities which are ."
h. To amend Page 18, Economic Development, under
INDUSTRIAL POLICIES, policy 9, first line, which now reads, "
9. Industrial development should be encouraged to located
adjacent to existing " such that it would read as follows: "
9. Industrial development should be encouraged to locate
adjacent to existing . . "
i. To amend Page 19, Economic Development, under
INDUSTRIAL REVIEW AREAS, EASTERN INDUSTRIAL REVIEW AREA,
POLICIES, policy 3, line 4, to delete the following language at
the end of the paragraph, " . , and a proposed site of a
regional shipping center in the northeast quadrant of the
intersection Interstate I-84 and Eagle Road."
j. To amend Page 19, Economic Development, INDUSTRIAL
REVIEW AREAS, TECHNICAL INDUSTRIAL REVIEW AREA, POLICIES, policy
1., such that it shall read as follows:
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Bos 127
Meridian, IdaAo
83812
TetapKo" 88&1181
0 0
"It was the previous policy of the City of Meridian to
encourage and to promote the development of an interchange at the
intersection of Eagle Road and Interstate I-84 and that is
presently being constructed and will be a reality in the very
near future."
k. To amend Page 20, COMMERCIAL ACTIVITY CENTERS, first
paragraph, to delete the reference to Regional Shopping Center,
and to renumber the different types of activity centers such that
the paragraph would read as follows:
"The Comprehensive Plan identifies three different
Commercial Activity Centers: 1) Community Shopping Center;
2) Neighborhood Shopping Center; and 3) Old Town of
Meridian."
1. To amend Page 20, Economic Development, COMMERCIAL
ACTIVITY CENTERS, second paragraph, to delete the entire
reference to Regional Shopping Center, such that the second
paragraph would be the reference to Community Shopping Center,
and the language contained therein.
m. To amend Page 21, COMMERCIAL ACTIVITY CENTERS,
REGIONAL SHOPPING CENTER, to delete the entire reference
REGIONAL SHOPPING CENTERS.
n. To amend Page 21, COMMERCIAL ACTIVITY CENTERS,
COMMUNITY SHOPPING CENTERS, POLICY, to delete the entire policy
which references impacts on a regional shopping center,
o. To amend Page 22, COMMERCIAL ACTIVITY CENTERS,
NEIGHBORHOOD COMMERCIAL CENTER, POLICIES, Policy 2. c) to delete
that policy which reads as follows: "c) At no more than one
corner of an intersection."
ps To amend Page 24, MIXED-USE REVIEW AREAS, MIXED USE
REVIEW AREA WEST OF KUNA/MERIDIAN ROAD, NORTH OF I-84 AND SOUTH
OF WALTMAN LANE, first paragraph, such that it reads as follows:
"This area is relatively level in topography and will have
excellent access to the freeway interchange. As a site for
warehousing, light industry and related commercial activities,
this mixed-use area will provide an excellent location for
support services to the community."
q. To amend Page 24, MIXED-USE REVIEW AREAS, MIXED USE
REVIEW AREA WEST OF KUNA/MERIDIAN ROAD, NORTH OF I-84 AND SOUTH
OF WALTMAN LANE, POLICIES, Policy 4., to delete the entire
policy.
r. To amend Page 24, MIXED-USE REVIEW AREAS, MIXED USE
REVIEW AREA EAST OF KUNA/MERIDIAN ROAD, NORTH OF I-84 AND SOUTH
OF MERIDIAN SPEEDWAY AND STOREY PARK, POLICIES, Policy 1., such
that it reads as follows:
AMBROSE,
FITZGERALD
6 CROOKSTON
Allonneysand
Counselors
P.O. Box 127
Merldlen, Idsho
83612
Telephone 66&1161
0 0
'I It was the policy of the City of Meridian to
encourage and promote the further development of the
Meridian Road/I-84 Interchange into a full diamond or clover
leaf and that has been accomplished and further development
should now be encouraged in the area."
s. To amend Page 25, HOUSING DEVELOPMENT, RURAL RESIDENTI
AGRICULTURAL, such that it reads as follows:
"RURAL RESIDENTIAL - AGRICULTURAL (Outside the
Urban Service Planning Area, but inside the Area
of Impact.)
Single Family Housing, Farming (Not more than One
Dwelling Unit per net five acres.
t. To amend Page 25, HOUSING DEVELOPMENT, to add a new
provision which shall read as follows:
"RURAL RESIDENTIAL - SUB -URBAN (Inside the Urban
Service Planning Area, but outside the City
Lilni ts. )
Single Family Housing, Sub -Urban (Not more than
One Dwelling Unit per Net five acres. See Rural
Areas for requirements.)
U. To amend Page 33, TRANSPORTATION, to delete the entire
section dealing with Frontage Roads, and to amend Page 7, Policy
Diagram, to delete the rontage Roads.
V. To amend Page 33, TRANSPORTATION, POLICIES, Policy
number 4. to delete the reference to regional shopping center
such that Policy 4. shall read as follows:
114. In order to preserve the integrity of
residential neighborhoods and at the same time
better serve Industrial Review Areas, Community
Shopping Center and Old Town, the Policy Diagram
identifies circular and perimeter arterial traffic
patterns which intend to enhance, serve, unify and
give shape to Meridian's Urban Service Planning
Area."
W. To amend Page 38, TRANSPORTATION, POLICIES, Policy 8,
MIXED-USE REVIEW_ AREAS NORTH OF I-84, to delete the entire sub -
policy numbered T. ana_to remove7Fle-number on sub -policy 2. and
just locate the paragraph under MIXED-USE REVIEW AREAS NORTH OF
I-84 without a number.
X. To amend Page 39, TRANSPORTATION, POLICIES, Policy 9,
to delete the reference to Regional Shopping Center such that it
AMBROSE,
FIT26ERALD
ACROOKSTON
Attorneys and
Counselors
P.O. Box 427
Marldlan, IdO.
SW2
Tot .ho. 8884471
0
to delete the reference to Regional Shopping Center such that it
reads as follows:
119. Locust Grove between Fairview and Franklin should not
be extended or connected. This will protect residential
neighborhoods in the area from impacts of goods -moving
vehicles going to and from the Eastern Industrial Review
Area. Ample access from these trip purposes is already
provided from Eagle Road and Pine Street. The existing
Locust Grove from Fairview to Pine Street could also serve
industrial traffic in this area."
y. To repeal RURAL AREAS on Pages 39 and 40 and to
re-enact said section so that section reads as follows:
"RURAL AREAS
DEFINITION: Land covered by this policy section has
characteristics which generally allow for agricultural
activity due to the existence of irrigation systems,
soil characteristics and relative freedom from
conflicting urban land uses. Agricultural activity
includes cultivation, pasturing, grazing, crop
production, dairy and feedlot operations and related
activities. Where community growth needs and increased
traffic at access points, creates pressure for new
development, it must be recognized that such land can
no longer economically continue to be identified or
used as agricultural land to the exclusion of orderly
growth and development.
POLICIES
1. The Meridian Comprehensive Plan shall apply in the
rural areas which are outside Meridian's City Limits
and within the Meridian Area of City Impact, and the
Ada County Zoning and Subdivision Ordinances shall
apply in the rural areas outside the City limits.
2. Within the rural areas, outside of Meridian's City
Limits, the City of Meridian will work closely with Ada
County and together establish an Area of City Impact
Agreement. This will assure that the rural areas are
developed in accordance with all applicable provisions
of this Plan.
3. Although it is recognized that urbanized
development does exist within the rural areas of the
Area of City Impact, the rural lands should be kept in
agricultural production as long as possible until
urban services (municipal sewer and water facilities
and other essential services) can be provided. In
that regard the following policies shall apply with
regard to single family dwellings on 5 acre tracts, to-
AMBROSE.
FITZGERALD
d CROOKSTON
ABorngsand
counealon
P.D. Bos I27
Mxidian, IdNo
89612
Telephone 8864 1
wit:
0 0
a. Within the Area of City Impact but
outside of the Urban Service Planning Area,
one single family residential building may be
constructed on a 5 acre lot without municipal
sewer and water services being provided if
Central District Health Department approves
private sewer and water services.
b. Within the Urban Service Planning Area
one single family residential house may be
placed on a 5 acre tract provided dry line
sewer and water 1 ines are installed and
constructed and plans and layouts for roads
are made and provisions are made for future
re -subdivision of the 5 acre tract to a
greater density.
C. Within the Urban Service Planning Area
development may occur in densities as low as
4 dwelling units per acre if physical
connection is made to existing City of
Meridian water and sewer services and the
property is platted and subdivided in
accordance with Ada County Zoning and
Subdivision Ordinances Policy.
4. Residential development is allowed in the rural
areas provided that said development does not exceed
the Rural Residential Agricultural density, unless it
is inside an Urban Service Planning Area and City sewer
and water is provided, when Low, Medium and High
density residential in ay be considered. All
residential development must also comply with the other
appropriate sections of this plan.
5. Commercial and industrial development should be
discouraged in the rural areas, and would only be
considered if municipal sewer and water and other
appropriate services are provided.
6. Recreational uses which are compatible with
agricultural pursuits may be permitted in the rural
areas.
7. Schools and churches and certain public uses may
be permitted, as they may be necessary to serve the
rural community."
Z. To delete on Page 41, PUBLIC SERVICES, UTILITIES,
FACILITIES, POLICIES (GOVERNMENTAL NA �N o icy— —
aa. To delete on Page 43, PUBLIC SERVICES, UTILITIES,_
FACILITIES, (LAW ENFORCEMENT), Policy 4.
bb. To amend Page 44, PUBLIC SERVICES, UTILITIES,
FACILITIES, POLICIES (WATER SUPPLY , rojicy -1 such that it reads
as foTTows: —
"3. The construction of individual wells in rural land
within the Urban Service Planning Area shall be allowed
only in conformance with tHURAL AREA Policies."
cc. To amend Page 57, IMPLEMENTATION, CAPITAL IMPROVEMENTS
PROGRAM (CIP),1., City of Meridian Capital Improvement--Frograms,
Fy -ttie -d-eTetion therefrom of the third mentioned program which
reads "Relocation and expansion of the Police Station."
dd. To amend Page 57, IMPLEMENTATION, CAPITAL IMPROVEMENTS
PROGRAM (CIP), 2 . , Transportation Improvement Program y
the de e -T -tion therefrom of the second and third programs which
read as follows: "Frontage Road from Eagle Road west to
Kuna/Meridian Road (to service a possible regional shopping
center location." and "Frontage Road from Kuna/Meridian to Ten
Mile Road."
RESPECTFULLY Submitted this 10th day of April, 1990.
3I�1 30 H N S ON -------------
Commission Chairman
Planning & Zoning
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneysand
Counselors
P.O. Box 427
Meridien, Idaho
896/2
T11sphone8664e61