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1989-10-18 Amending Code Changes Amend P& Z Develop Ordinance n LARRY CHETWOOD PROPERTY - 225 E. Fairview Ave. People & Business within 300' of above mentioned property YRe & Vonda Yerby 1620 2 1/2 St. , Meridian, Id. eneral Council of Churches of -God 1827 W. 3rd St. , Meridian, Id. Telecar (Arden Casper) 220 E. Fairview, Meridian, Id. ✓ Bij g 0 Tires (Ken Roetto) 218 E. Fairview, Meridian, Id. /Mary Bodine 214 E. Fairview, Meridian, Id. Green Acres Properties Inc. PO Box 30550, SLC, UT. 84130 TJ1 Development Co. 315A W. Lacey, Hanford, CA. 93230 Kenneth Marler 11965 Ruetzel, Boise, Idaho 83709 ei, neth Roetto Rt *6 Box 6572, Nampa, Id. 83687 Jay Burrup 3200 W. Duck Valley, Eagle, Id. 83616 De n Burrup 3656 Deer Flat Rd. , Kuna, Id. 83634 .//john Jackson PO Box 488, Meridian, Idaho 83642 Elm Grove Trl. Park Box 497, Meridian, Idaho 83642 I 1 I 1½ MERICAN REALTY EVERGREEN PLAZA • BO1SE, IDAHO 83704 TELEPHONE: (208) 376-1234 TO WHOM IT MAY CONCERN: 225 E. Fairview Ave. lib Meridian, Id. 83642 LARRY CHETWOOD PROPERTY: People & Business within 300' of above mentioned' property Rene' & Vonda yerby 1620 - 211 Street, Meridian, Id. 83642 General Council of Churches of God 1827 W. 3rd St. , Meridian, Id. 83642 Telecar (Arden Casper) 220 E. Fairview, Meridian, Id. 83642 Big 0 Tires (Ken Roetto) 218 E. Fairview, Meridian, Id. 83642 Marv. Bodine 214 E. Fairview, Meridian, Id. 83642 BEi H 1Rrs'--' C 212 E Eairv4nw MPri.9i �_ �'s/'I-° r en) ke-,-e, er.isz-ci e- Po 3o.5 30 ate 1- 5913b Ae‘j (°. — 3 7K,t;/tie-0\ /1(\a--ic c/ week 07'0 3 Dqe icz e-ti 0-1 4e0 (to �; r� 1: F-67 �� REALTOR 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 Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City H , 11 , 33 East Idaho Street , Meridian , Idaho, at the hour of 7 : 30 o ' clock p.m. , on January 9, 1990, for the purpose of considering the Application of the Planning and Zoning Commissions to amend the Zoning and Development Ordinances which amendments are as follows : 1 ) to amend Section 11-9-605 B by the addition thereto of a new sub- section entitled "Cul -de-sac" and which shall be numbered as 11- 9-605 B 6 and shall read as follows : "6. Cul -de-sacs : No street which ends in a culdesac or a dead-end shall be longer than Four Hundred Fifty Feet (450' ) ; and 2 ) . to amend the Official Zoning Maps , Section 11-2-425 , to rezone the following parcels of land from R - 8 , Residential , to C-G , General Retail and Service Commercial . The parcels are in the Northwest Quarter of Section 7 , T. 3N . , R. 1E . , Boise Meridian , Ada County, Idaho, and have frontage on Fairview Avenue and are known by the parcels and address as follows : AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83842 Telephone 888-4481 /1 /'1 1 . Lot 1 , Chapin Subdivision #2, Meridian , Idaho; and 2. Lot 2 , Chapin Subdivision #2, Meridian , Idaho; and that parcel known as : 3. 305 E. Fairview Avenue, Meridian , Idaho. Public comment is welcome and will be heard and considered . DATED this/ ' 4day of December, 1989. 4111114 �G A K 'NNN ' L RK • AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83612 Telephone 8884481 I • ' Csc J ••M • • sK • • f V (4/,ral. tvv 'WNtat �i/anstMsloVeA, Ntr.1 ' v . 5• ? • • em i tf /I�. • I I �•li7s1•t, ` M w b in o /'' . SN I IN •••C % d ' I 9,.-s•. 3jit ib. Q L'çpm 1:' s • •• .rs.� m dir.'r is f • • ./NL.•`• MIS /�1[`.1L• /N� 1 1 C • - s • Jr itlr.L -7.,. '.♦ tv 1.- .� ;. N _ - �A/�'—N0 3 0: -FA� t� -aP� •,..- : _ �t10 GS ! • I:141I:141v ` 1 --`I k ;.� rY•. 1 - 1 04.611111 iii , I t e'er, i • � = I •-. ' ' :''. • ' .:0)1 /7 , • I 41 • • , 144.E is•s •,• tX :: . r, ,.+t� • j n�• \` < •,., --/ ,,h••�▪ f.' . iiiiii�i.:1,.rr ►ii M Z `'1 -Fy • 11 _ •r1 : c. -GRYBER AV.: : .� ;�,.-J,�,. t,.N ..6-. • 1 •'Ns.l i•- ), r. I1 $••✓ ss. • • o.-• l i%•:Ii/" %f.•/L J .4Z•}, +Z * 4r tJf . L i.' tsJ.c S I9 $ !f• !.4.. , f.w ✓ "s.1 - • ._♦ ;•� ;IL• •t . - 1 I • ,. : : * - ,t ? ?'.. • ' '1 3 ,1 h .e/^sc•L�,/.11 _t i, -• 3 .ti i. �.J to.. tss 1 1 i t� 1 ',JC2-70a `7� .... - ..•qs'1- '.• ~ (3 " . 1.1• ,:Jf ,/ 1 1 . r' .BApLE11,AV. .. 1/,•so1.' ...1.. .��, • ; 1 . • •_•' �.'f''. ..• i ,� .I�:..ie ••,s. • !Iw• w.••� ...._. _ J, J7fii. ,.lrJJ/ff—, ' 1___ __..a•./L3•.• ---5...07 ,Cy ; 4 : d L • •4 • ,•:-.-,,.c• 1 _ .... • : 1 '4141 1,,iil • 1 q=c.... .1...1....L....z Tia , :�,.t:.��,:.:'.p 1•:..s.-1. "S 1 N. r�1..7 71.1$ W Il /r•J /GI.4f 1 �1 �� 29 - ORDINANCE NO.c AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING VARIOUS SECTIONS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AS'= FOLLOWS- AMENDING SECTION 11-9-605 J . , FENCES , BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE NUMBERED 10 AND WHICH SHALL GOVERN PROCEDURES FOR VARIANCES FROM THE FENCE ORDINANCE; AMENDING SECTION 11 -2-411 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS H. AND WHICH SHALL PROVIDE THAT ALL SINGLE FAMILY DETACHED HOUSING UNITS SHALL HAVE A TWO CAR GARAGE; AMENDING SECTION 11-2-409 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS D. AND WHICH SHALL PROVIDE THAT LIVESTOCK AND POULTRY SHALL BE PROHIBITED WITHIN ALL ZONING DISTRICTS OF THE CITY , PROVIDING FOR GRANDFATHER RIGHTS, AND PROVIDING FOR EXCEPTIONS IN CASES OF ZONING FOR MEAT AND POULTRY PROCESSING; AMENDING SECTION 11-2-410 A. TO SPECIFY THAT IN THE R-8 RESIDENTIAL ZONE THAT FOR TWO FAMILY DWELLINGS THE 4,250 SQUARE FOOT MINIMUM LOT SIZE APPLIES TO EACH DWELLING UNIT SUCH THAT IN THE CASE OF A DUPLEX IN THE R-8 ZONE THE MINIMUM LOT SIZE WOULD BE 8,500 SQUARE FEET; AMENDING SECTION 11-2-414 D. 6. A . TO REDUCE THE MINIMUM WIDTH OF PARKING SPACES ; AMENDING SECTION 11-2-414 D. 6. BY THE ADDITION THERETO OF NEW SUBSECTION DESIGNATED D. WHICH SHALL PROVIDE THAT UPON PETITION PORTIONS OF THE PARKING REQUIREMENTS FOR OFF STREET PARKING MAY BE FULFILLED BY COMPACT CAR SPACES OF AT LEAST 7 1/2 FEET IN WIDTH AND 15 FEET IN LENGTH ; AMENDING SECTION 11-2-421 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS E. AND WHICH SHALL PROVIDE THAT NO OCCUPANCY PERMITS SHALL BE ISSUED TO ANY PROPERTY UNTIL ALL UTILITIES ARE IN PLACE AND OPERABLE AND UNTIL ALL REQUIREMENTS OF THE CITY HAVE BEEN MET; AMENDING SECTION 11- 9 -606 BY RENUMBERING SUBSECTION D . CHANGING IT TO E . AND ADOPTING A NEW SUBSECTION TO BE DESIGNATED AS D. WHICH SHALL PROVIDE THAT A BUILDING PERMIT MAY BE ISSUED PRIOR TO COMPLETION OF PUBLIC IMPROVEMENTS BUT ONLY UPON PROVIDING A GUARANTEE THAT ALL IMPROVEMENTS WILL BE COMPLETED AS AUTHORIZED IN SECTION 11- 9-606 C . ; AMENDING SECTION 11-9-605 B. 3. UNDER "HIGHWAY AND STREET TYPES" TO ADD A NEW CATEGORY KNOWN AS "SECTION LINE ROADS" AND PROVIDING THAT THEY SHALL HAVE A WIDTH OF 80 FEET; AMENDING SECTION 11-9-606 B. BY THE ADDITION THERETO OF A NEW SUBSECTION DESIGNATED AS 14 . WHICH SHALL REQUIRE PRESSURIZED IRRIGATION SYSTEMS IN ALL SUBDIVISIONS WHICH SHALL BE INSTALLED BY THE DEVELOPER AT THE SAME TIME AS THE DOMESTIC WATER LINES ARE INSTALLED ; AMENDING SECTION 11-9-605 B. BY THE ADDITION AMGEosE. THERETO OF A NEW SUBSECTION DESIGNATED AS 6 AND WHICH SHALL &CROOKSTON PROVIDE THAT NO STREET WHICH ENDS IN A CUL-DE-SAC OR A DEAD-END SHALL BE LONGER THAN 450 FEET ; AMENDING THE OFFICIAL ZONING Attonwfs and MAPS , SECTION 11 -2 -425 TO REZONE FROM R-8 RESIDENTIAL TO Counselors °•0.Box 421 ORDINANCE PAGE - 1 M«IdMn.ISMO 113442 Telephone SMI4401 GENERAL R-ETAIL AND _SERVICE - COMMERCIAL- THREE PARCELS OF LAND ON FAIRVIEW AVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Mayor and the City Council of the City of Meridian , State of Idaho, have concluded that it is in the best interest of the said City to amend certain provisions of the Zoning and Development Ordinances as set forth hereinafter; WHEREAS, the Planning and Zoning Commission of the City of Meridian instituted proceedings to amend the Zoning and Development Ordinances by petitioning for amendment and subsequently amending said petition by the addition of additional amendments ; and WHEREAS, all of the requirements of the Local Planning Act of 1975 , Chapter 65 , Title 67 , Idaho Code , and all of the requirements of the amendment procedures of the Zoning and Developments Ordinances of the City of Meridian have been met, including adoption of findings of fact and conclusions of law; NOW , THEREFORE , BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1 : That Section 11 -9-605 J . , FENCES, is hereby amended by the addition thereto of a new subsection to be numbered 10 and which shall read as follows : 10. That if an owner or applicant desires to obtain a variance from the provisions of this Section, 11-9-605 J , FENCES, it shall not be treated as a variance pursuant to the provisions of 11-2-419 or 11-9-612, of the Revised and Compiled Ordinances and the procedure for such a variance shall not be governed by the aforementioned two sections. There shall be a special F RA� procedure for variances from this fence ordinance &CROOKSTON which shall be as follows : AmmonCounselors a. The owner or applicant shall file an application P.O.BOX 427 ORDINANCE PAGE - 2 Wftfla .wino TNphoi»ISS 1 • for a fence variance with the City Clerk , which application shall state the following : 1 . Address of subject property; 2. Name, address and phone number of applicant; 3. Name, address and phone number of owners of the subject property; 4. Proof of ownership; 5. Legal description of subject property; 6. Present use of subject property; 7. Zoning of the subject property; 8. - Schematic drawing of the building and proposed fence; 9. List of the mailing addresses of all property owners (from authentic tax records of Ada county ) within 200 feet of the external boundaries of the land being considered; 10. Minimum requirements of this ordinance that need to be reduced to permit the proposed fence; 11. An application fee established by resolution of the Council ; , 12. A statement from the titled owner that grants a lien to the City to secure the payments of all costs of the Cit , in Qrocessing the variance application including the engineeringand publication , and attorney _ costs and ees; b. Upon receipt of the fence variance application Ellie zoning administrator shall set a hearinig and see that notice is mailed by first class mail to all owners of property within 200 feet of the radius of the subject property, which hearing shall be held not AzoROS. sooner than 15 days after the mail ng of the required &CROOKSTON notice and not more than 30 days after mailing 0 the required notice. The notice of hearing does not need Attorne .ys� to be published in the official newspaper. P.O.BOX 44T ORDINANCE PAGE - 3 model"Mo 113(142 Telephone N61N1 • • • c. The hearing established by this subsection shall Fe conducted by the fence variance committee which committee shall be comprised ofthe City Engineer, the Meridian Police Chief, one Council Member anone Planning and Zoning Member . A Quorum of said committee shall be a minimum of three members of the committee. d .--- Upon hearing the request for the fence variance, Tie committee shall `either approve or deny or approve with conditions the application for_ fence variance; that no written findings of fact shall be required but a written decision shall be written to the applicant and to any party requesting written notification of the decision at the hearing. e. APPEAL . Any aggrieved party may appeal the a`ecision of the committee directly to the City Council pursuant to Section 11-2-416 G. 1 . SECTION 2 : That Section 11 -2-411 , RESIDENTIAL HOUSING STANDARDS, is hereby amended by the addition thereto of a new subsection to be designated H. and which shall read as follows : H. GARAGES: That all single family detached housing units shall have a garage capable of housing at least 2 standard size automobiles, at a minimum. SECTION 3: That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL , is hereby amended by the addition thereto of a new subsection to be designated D. and which shall read as follows : D . LIVESTOCK AND POULTRY PROHIBITED: Within any of the zoning districts of the City of Meridian it shall be unlawful to use the land for the keeping or housing of poultry or livestock ; that all poultry or livestock presently kept or maintained prior to the passage of this section of this ordinance shall be allowed to continue until the property that they are kept on or maintained on ceases to be used for such purposes for AMBROSE. a reriod in excess of one ear and after that one ear FITZGERALD you r, or yes oc may no a g a n .e a . e o .e e? &CROOKSTON or maintained on that property, provided that said A,,,m.y.and property was being legallj used to keep or maintain Counselors P.O.Box 427 ORDINANCE PAGE - 4 Meridien,Maim Telephone Qe44411 1 poultry or livestock prior to adoption of this ordinance ; and , provided , however , that property presently or subsequently zoned for the use of meat or poultry processing shall be allowed to keep or maintain-- poultry or livestock-. - SECTION 4 : That Section 11-2-410 A. , ZONING SCHEDULE OF BULK AND COVERAGE-CONTROLS, -is `hereby amended such that the R-8 Zone minimum -lot area states that 4 ,250 square feet is required per dwelling unit and shall read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference as if set forth herein in full . SECTION 5 : That Section 11-2-414 D. 6. , is hereby amended such that the width for parking spaces in the following types of parking will be reduced to the following : 45 degrees -- 10 feet , 60 degrees -- 9 feet , 90 degrees -- 9 feet; and the ordinance shall read as set forth in Exhibit "B" attached hereto and incorporated herein by this reference as if set forth herein in full . SECTION 6: That Section 11-2-414 D. 6. , is hereby amended by the addition thereto of a new subsection to be designated as D. and which shall read as follows : D. PETITION FOR COMPACT SPACE : Upon petition , parking spaces may be allowed to fulfill the above requirements which are classified as compact car parkingspaces , and which are so properly designated and whch have dimensions of 7 172 feet width and 15 foot length. SECTION 7: That Section 11-2-421 is hereby amended by the AMBiK) ES , FruGER AMBROSaddition thereto of a new subsection to be designated as E. and aCROOKSTON known as OCCUPANCY PERMIT ISSUANCE , and which shall read as Anomeya and Oouneabn �O°°i437 ORDINANCE PAGE - 5 Meriden,w.ho dee: Telephone MNNt • follows : E . OCCUPANCY PERMIT ISSUANCE : There shall be no occuQancy permit issued to any property until all utilities are in place and operable, which utilities shall include , as appropriate water, sewer, gas , electricity, pressurized irrigation , and telephone; no occupancy permit shall be issued until all requirements of the City of:Meridian have been met. SECTION 8: That Section 11-9-606 is hereby amended by changing the designation of subsection 0. , PENALTY IN CASE OF FAILURE TO COMPLETE THE CONSTRUCTION OF A PUBLIC IMPROVEMENT, to E. and adding a new subsection to 11-9-606 to be designated as D. , known as ISSUANCE OF BUILDING PERMIT, and both subsections D. and E. shall read as follows : D. ISSUANCE OF BUILDING PERMIT: A building permit for the construction of a dwelling or building or structure may be allowedrior to completion of all improvements required by Sections 11-9-605 and 11-9- 606 only upon providing a guarantee of completion of improvements as authorized bysubsection 11-9-606 C. 2 . , in the form of a cash dposit certified check negotiable bond , or an irrevocable bank letter of credit, all of which must be acceptable to the City. DE . PENALTY IN CASE OF FAILURE TO COMPLETE THE CONSTRUCTION OF A PUBLIC IMPROVEMENT In the event a subdivider and/or owner shall , in any case , fail to complete the public improvements required as a condition of the final plat in the time period required , it shall be the responsibility of the Council to proceed to have such work completed either by foreclosing its lien or , in the event financial guarantees have been required , to pursue the remedies provided by those financial guarantees. SECTION 9: That Section 11-9-605 B. 3. a. , Street Right- AMBROSE. g 8CZROOKSTON of-Way Widths , is hereby amended by the addition thereto under Attmmiind the Highway and Street Typescategory Counselors 9 y table a new tate or entitled P.O.Sox 42T ORDINANCE PAGE - 6 Meridian,Idaho 83642 Telephone 8118-4461 "SECTION LINE ROADS" and the widths stated thereunder shall be 80 feet and the table shall read as set forth in Exhibit "C" attached hereto and by this reference incorporated herein as if set forth in full . SECTION 10: That Section 11-9-606 B. is hereby amended by the addition thereto of a new subsection to be designated as 14. , and known as PRESSURIZED IRRIGATION SYSTEM, and which shall read as follows : 14. PRESSURIZED IRRIGATION SYSTEM : In each subdivision the subdivider shall provide by underground tile , or other like satisfactory underground conduit, pressurized irrigation water to each and every lot within the subdivision ; that the pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines , but shall not necessarily be in the same trenches ; that there shall be no cross connections between the domestic water lines and the irrigation water lines that do not comply with section 4-143 of the Revised and Compiled Ordinances of the City of Meridian; that the City Engineer is hereby authorized and directed to establish rules and regulations and standards for pressurized irrigation systems and that all pressurized irrigation systems shall comp y with those standards, rules and regulations . Provided , however, that the requirements of this subsection may be waived upon proof that any particular lot, parcel , or piece of land does not have water rigts in an existing irrigation district . SECTION 11 : That Section 11-9-605 B. is hereby amended by the addition thereto of a new subsection to be designated as 6. , and known as CUL-DE-SACS, and which shall read as follows : 6. CUL-DE-SACS : No street which ends in a cul -de- AMBROSE, sac or a dead-end shall be longer than four hundred ;CRoosor fifty feet (450' ) . Attorneys snd SECTION 12: That the real property described as Lots 1 and Counselor. P.O.Sox 427 ORDINANCE PAGE - 7 MeddWn,Idaho 1131142 Tess hon INiM1 2 , Chapin Subdivision # 2 , records of Ada County, Idaho, and that property described as the North 150 feet of . parcel 2700 of the Northeast 1/4 Northwest 1/4, of Section7, Township 3 North, Range 1 East, Boise , Meridian , Ada County, Idaho, are hereby rezoned from R-8 Residential to C-G General Retail and Service Commercial , and the Official toning Maps contained in Section 11-2-425 are hereby amended as shown in Exhibit "D" attached hereto and by this reference incorporated herein as if set forth in full . SECTION 13 : EFFECTIVE DATE : WHEREAS , there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 3(-11 day of April , 1990. CITY OF MERIDIAN BY: i e`W In" ' . K NG I ' D, ' AOR ' TTEST: AP-41111 - a I AMBROSE THIS MUST BE CHANGED AND THE ABOVE LEGALS CHECK FITZGERALD &CROOKSTON Agana STATE OF IDAHO, ) • Counselors .OSox 427 ORDINANCE PAGE - 8 Meridien.Idaho 1131142 TMaprona IMr4411 • SS . County of Ada, ) I , JACK NIEMANN, City Clerk of the City of Meridian , Ada County, Idaho, do hereby certify that the above and foregoing is a true , full and correct copy of an Ordinance entitled , "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING VARIOUS SECTIONS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AS FOLLOWS: AMENDING SECTION_ 11-9-605 J. , FENCES, BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE NUMBERED 10 AND WHICH SHALL GOVERN PROCEDURES FOR VARIANCES FROM THE FENCE ORDINANCE ; AMENDING SECTION 11-2-411 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS H. AND WHICH SHALL PROVIDE THAT ALL SINGLE FAMILY DETACHED HOUSING UNITS SHALL HAVE A TWO CAR GARAGE; AMENDING SECTION 11-2-409 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS D. AND WHICH SHALL PROVIDE THAT LIVESTOCK AND POULTRY SHALL BE PROHIBITED WITHIN ALL ZONING DISTRICTS OF THE CITY , PROVIDING FOR GRANDFATHER RIGHTS, AND PROVIDING FOR EXCEPTIONS IN CASES OF ZONING FOR MEAT AND POULTRY PROCESSING; AMENDING SECTION 11-2-410 A. TO SPECIFY THAT IN THE R-8 RESIDENTIAL ZONE THAT FOR TWO FAMILY DWELLINGS THE 4,250 SQUARE FOOT MINIMUM LOT SIZE APPLIES TO EACH DWELLING UNIT SUCH THAT IN THE CASE OF A DUPLEX IN THE R-8 ZONE THE MINIMUM. LOT SIZE WOULD BE 8, 500 SQUARE FEET; AMENDING SECTION 11-2-414 D. 6. A . TO REDUCE THE MINIMUM WIDTH OF PARKING SPACES ; AMENDING SECTION 11-2-414 D. 6. BY THE ADDITION THERETO OF NEW SUBSECTION DESIGNATED D. WHICH SHALL PROVIDE THAT UPON PETITION PORTIONS OF THE PARKING REQUIREMENTS FOR OFF STREET PARKING MAY BE FULFILLED BY COMPACT CAR SPACES OF AT LEAST 7 1/2 FEET IN WIDTH AND 15 FEET IN LENGTH ; AMENDING SECTION 11 -2-421 BY THE ADDITION THERETO OF A NEW SUBSECTION TO BE DESIGNATED AS E. AND WHICH SHALL PROVIDE THAT NO OCCUPANCY PERMITS SHALL BE ISSUED TO ANY PROPERTY UNTIL ALL UTILITIES ARE IN PLACE AND OPERABLE AND UNTIL ALL REQUIREMENTS OF THE CITY HAVE BEEN MET; AMENDING SECTION 11- 9 - 606 BY RENUMBERING SUBSECTION D . CHANGING IT TO E . AND ADOPTING A NEW SUBSECTION TO BE DESIGNATED AS D. WHICH SHALL PROVIDE THAT A BUILDING PERMIT MAY BE ISSUED PRIOR TO COMPLETION OF PUBLIC IMPROVEMENTS BUT ONLY UPON PROVIDING A GUARANTEE THAT ALL IMPROVEMENTS WILL BE COMPLETED AS AUTHORIZED IN SECTION 11- 9-606 C . ; AMENDING SECTION 11-9-605 B. 3. UNDER "HIGHWAY AND STREET TYPES" TO ADD A NEW CATEGORY KNOWN AS "SECTION LINE ROADS" AND PROVIDING THAT THEY SHALL HAVE A WIDTH OF 80 FEET; AMENDING SECTION 11-9-606 B. BY THE ADDITION THERETO OF A NEW SUBSECTION DESIGNATED AS 14 . WHICH SHALL REQUIRE PRESSURIZED IRRIGATION SYSTEMS IN ALL SUBDIVISIONS WHICH SHALL BE INSTALLED BY THE DEVELOPER AT THE SAME TIME AS THE DOMESTIC WATER LINES ARE INSTALLED; AMENDING SECTION 11-9-605 B. BY THE ADDITION THERETO OF A NEW SUBSECTION DESIGNATED AS 6 AND WHICH SHALL FITZGERALD AMBROSE. PROVIDE THAT NO STREET WHICH ENDS IN A CUL-DE-SAC OR A DEAD-END &CROOKSTON SHALL BE LONGER THAN 450 FEET; AMENDING THE OFFICIAL ZONING MAPS , SECTION 11 - 2 -425 TO REZONE FROM R-8 RESIDENTIAL TO Attorneys and GENERAL RETAIL AND SERVICE COMMERCIAL THREE PARCELS OF LAND ON Counselors P'O'Box UT ORDINANCE PAGE - 9 Ma+m.n,who Telephone 16441 FAIRVIEW AVENUE ; AND PROVIDING AN EFFECTIVE DATE. " passed as Ordinance No. by the City Council and Mayor of the City of Meridian, on the day of April , 1990. DATED this day of April , 1990. CITY CLERK OF THE CITY OF MERIDIAN ADA COUNTY , IDAHO. STATE OF IDAHO, ) ss . County of Ada, ) On this day of April , 1990 , before me , the undersigned , a Notary Public in and for the said State , personally appeared JACK NIEMANN, known to me to be the person who subscribed his name to the within and foregoing instrument , and acknowledged to me the executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian , Idaho AMBROSE, fl72GERALD &CROOKSTON Mornay*NM Commotion' P.O.Dot427 ORDINANCE PAGE - 10 Meridian,Idaho Td.pwimINIS 44011 a . ,Th „_, EXHIBIT "A" ..4 eti C 10n O 00 u0l 0 i - O 4 4 4 4 Z Vf L. N Z Z Z Z j 0 Il W C I. • L.. U C -v in in 0 - - in in 0 o - ea QI O N d' M M d' d' M M d' d. 0 d. CO u Z CO Z' va..i LK 0 00 uS cel l ' g . u 41 41 u � 2 0 oM o 0 o p c H oho o'o -oho ��r k 0 in N S n II ae 4.1 '4 °0 co O 4.1 •`• ' 0. a H vo a1 u � ....... N .• .-1 N •-/ N v N O ,J U O% V VvvUl vv, - - - v - - - - - ++ ►u. ,�1 N N O O 0 C 0 O O O 0 C V- •• C to �n O in 0 tr. 0 O[ M rt rt t1 . 941 in N N N N N N V 0. 1• '..'.V •••, •Np I/ 4 •r1 II/ in CL u a3 14 :s. - O O. V W O L. i J� -r ao •.4u IC Y - v _ F�-Z I 1.. 0 C �! ..1 J •14 in in In 0 lA �O 0 0 0 0 �^ L.1 .1 .J VI L N rl 'fl IXw • - 0 O p V) ro L. •,•,1 U 'Cl 0 43 • a 4) in .1 .in �I �1 N0 in N 0 0 C a, in N 0 w 14 a U FT ro 41w a I 4.1 - •-I N •i N - - - - - - - O O 0 ......... ' v U .i O O 0 0 ul i n - •k 0 Z W 0 0 L. In M O O O O- - - - N N .1 N .i N .1 M M i0 U .7, M N MN MN ..4.1 y C iii G 41 0 1 4 ►4. O N1 V~f 0 a1 ....� H •-i o 4.1 ..+ 4.1 VI VI u ..1 d L.U v1 u •-4 ..1 54 •� � le �o • •S 0'o44 0. 41 V 4 U u 4 is ..°J, u v AR 0�"i •Z O O O �!id N H O d 0 01 r0.1 d v 0 V 01 CCCCNJJJJ .7 .-4 OCL O O' d' O. O d' I + 0 N ?' 10 Lo b L .-1 a.1 y O O N� N N COO n ro L 13 iar0 u Z d' -1 u W W RI Z0 •..4 RI N v y N Li d u N a+ N ro lT V O Vid XI .J u C 4 J 0 0 4. 4 COI in-4 0 0 Z U 0 U 0 E-. r� Z • .a N N �w 41 a a a 1. I U U u v� 1 I 0 a .-1 N M NN v......,v -47- I I I I .. . ,- /-\ EXHIBIT "B" n in access aisles to and from public rights-of-way. A11 parking II__ areas with a capacity over twelve (12) vehicles shall-be striped with double lines six (6) inches both sides of center between stalls to facilitate the movement into and out of the parking I stalls. 6. Off-Street Parking Design and Dimensional Tables: I ''//T:: i IPARALLEL 45° 60° 900 45° 60° 90° Parallel A. Width of Parking Space 1.14' 10 ' }per 9 ' 34L 9 ' 9' B. Length of Parking Space 15' 18' '— 19' — 23' C. Width of Driveway Aisle 13' 17' 25' 12' + 2-414 E SCHEDULE OF PARKING SPACE REQUIREMENTS 1. Computation of Parking Spaces: When the , required number of � II off-street parking spaces results in a fractional space, any fraction of one-half (1/2) or less may be disregarded, while a fraction in excess of one-half (1/2) shall be counted as one (1) parking space. 2. For the purpose of this Ordinance, the following requirements shall apply: parking space Type of Use Parking Space Required a. Residential (1) Single-family or two Two (2) for each unit; (2) family dwelling (2) Multi-family dwelling Two (2) for each unit; with three (3) or more dwelling units -65- 1 4 f 9-605 B STREETS EXHIBIT "C" 1. Dedication - Within a proposed subdivision, arterial aitd-cailec- tor streets as shown on the Comprehensive Flan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. 2. Location - Street and toad location shall_confortn to the location requirements of ACHD or successor agency. (Urcl. 430. 4-2-84) • 3. Street and Road Specifications - a. Street Right-of-Way Widths - Shall comply with the -require- ments of ACHD or any successor agency. Street and road right-of-way widths shall conform to the adopted major street plan or comprehensive development plan and the rules of the State Department of Highways and the Highway District or Department having jurisdiction. Minimum right-of-way standards are as follows: Highway and Street Types Widths Expressway or I ieeway I(il► )60 feet Major Arterial HO feet Minor Arterial 66 leer Collector Street Minor Street • 60 feet Non-Continuous Itcsidcntjal Street50 feet Section Line Roads 40-8u (feet b. Street Grades - Street grades shall not exceed ten (10) • percent on either minor or collector streets, and six (6) percent for arterial streets. The minimum grade of all streets shall be 0.3 percent. c. Street Alignment - Street alignment shall be as follows: 1) Horizontal Alignment - When street lines deflect from each other by more than ten (10) degrees in alignment, the centerlines shall be connected by a curve having a minimum radius of five hundred (500) feet for arterial streets, three hundred (300) feet for collec- tor streets. Between reverse curves on collector and arterial streets, there shall be a minimum tangent distance of two hundred (200) feet; and 2) Vertical Alignment - Minimum stopping sight distances shall be two hundred (200) feet for minor streets and designed in accordance with design speed for collector and arterial streets. 4. Street Names - The naming of streets shall conform to the following: -17- tt►K EXHIBIT "D" ^ • SEC. 7- T. 3N.-R IE. • Ail. �� . .:_�:,.r.•.�._ *: - 1 $J C-C, jr �. * ;&.•\11,4�� c Z * •) jo C C • . 1� -1:� MOID/AN i R-4 D-2* — * iI s ' R-8 • \� 1:I-2* . -- •• 1. -- -- * I ' •�' R-/5 "�',�{.: '�'q .�.. R-2 i., _ I iI ,r.MER/D/AN- :•;1r . :{. ;•;y La."• 4 I • ,,:• •:jam ;. R-4* a _. ; r is ' 1 1 • -"'.'itrr I) I .......••....00000000000000000000000000 • .. �. . 0-7- ••. . o•. •.., " :I ' . ` ' *r'- • `0. R4 . • . �•1e J , `"opo i.I�^.a ��-2'* R. N• 1 :/78dii rir-r-i. - - - . . .„ 0.. : 4.; I , . Ig (! i . ... I, � I..=1 s� ,,•s ! MER/G/AN O 2* �: • or - I.I _ I hL �, i i n :.`~�. I ��'�_:,'� !..,11 ..e. a i :3 �••- 1 ... . 1.riiR''- 1rifil •• • 1 ••-- 1 ' • . I . idol 41 — •lC /-1•ra I ', *County Zone -8- MERIDIAN CITY COUNCIL MARCH 20, 1990 PAGE #5 Kingsford: Have you reviewed all of the comments from ACHD and so forth, do you have any problems with those? Engineer Smith: I received a resubmittal on the development plans and all of our requests have been made and everything is in order. The Motion was made by Tolsma and seconded by Giesler to approve the Final Plat on Locust Grove Manor. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: Kingsford: I will open the Public Hearing. Being no response the Public Hearing was closed. Crookston: Explained briefly the proposed amendments. Giesler: Where do the statistics come from on the parking. Clerk Niemann: That's what Boise has. The Motion was made by Tolsma and seconded by Yerrington to approve the FIndings of Fact and Conclusions of Law on the Proposed Amendments to the Zoning and Development Ordinances. Roll Call Vote: Tolsma - Yea; Giesler - Yea; Yerrington - Yea; The Motion was made by Giesler and seconded by Yerrington to approve of the attorney drawing up the Ordinances. Motion Carried: All Yea: ITEM #4: REQUEST FOR CONDITIONAL USE PERMIT BY JACK BRUCK: PROPERTY LOCATED IN "CCD TOWN ZONE": Kingsford: Is there a representative present for this request? Rich Allison was in attendance to represent this request. Tolsma: When are theygoing to start the business here? Allison: The purchaser of the property is Mr. Jack Bruck.- Probably about three years. At the present time it is his intention to rent the property in the interim period. Tolsma: What i;sithe conditional use for? Allison: The Conditional Use under Meridian, conditional uses are not an item that expires, in other words if he is going to acquire the property he wants to know at such time that he plans to use the property which is approximately three years, that he can in fact use the property for the purpose he's buying it- for.--Any-other use of the property would of course have to be okay'd by the City Clerk since it's in the old Town Zone. Tolsma: Is there a problem knowing what's going to be there? 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 March20, for the purpose of considering the Application of the Planning and Zoning Commission to amend the Zoning and Development Ordinances which amendments are as follows : 1 . To amend Section 11 -9 -9605 J . FENCES , such that an application for a variance from the fence ordinance is not treated as a standard variance under 11-2-419 or 11-9-612 , but is allowed a special procedure,' and to establish that procedure. 2 . To amend Section 11-2 -411 by the addition of a new section entitled "GARAGES " , which would require single family , detached: housing units to have a minimum garage size capable of housing two standard sizes automobiles . 3. - To amend Section 11-2-409 by the addition of a new section prohibiting livestock and poultry within the City of AMBROSE, Meridian , unless specifically authorized for meat or poultry FITZGERALD BCROOKSTON processing facilities , and to provide definitions for livestock Attorneys and Counselors and poultry. P.O.Box 427 Meridian,Idaho 83842 Telephone 8884461 • 4. To amend Section 11-2-410 A. , ZONING SCHEDULES OF BULK AND COVERAGE CONTROLS, to reflect that the 4, 250 square foot lot requirement for duplexes is 4,250 square feet per dwelling unit. 5 . To amend subsection 11 -2-414 D . 6( a ) , to reduce the required width of parking spaces . 6. To amend Section 11-2-414 D 6 by allowing compact car spaces to fulfill the parking requirements upon petition therefore. 7. To amend Section 11-2-421 , by the addition of a new subsection which would allow occupancy permits to be issued only upon completion of placement of all utilities which would service the occupied premises . 8. ` To amend Section 11-9-606, to allow for the issuance of a building permit where all required improvements have not been completed only upon posting of security for the completion of the improvements . 9. To amend Section 11-9-605 B. , STREETS, to indicate that section line roads will be required to have an 80 foot right-of- way. 10. To amend Section 11-9-606 B, IMPROVEMENTS, PUBLIC, by the addition thereto of a new requirement , requiring construction and placement of pressurized irrigation systems , unless a water right from an Irrigation District does not accompany the land being considered . 11 . To amend Section 11-2-403 B , DEFINITIONS, to change FITZGER AMBROALD the definition of "Kennel " , such that, a Kennel would be any lot &CROOKSTON or premises on which three ( 3 ) or more dogs , and/or cats and/or Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83612 Telephone 888-4181 other household domestic animals , more than three months of age, are housed , groomed , breed , bordered , trained , sold or cared for. 12. To amend Section 11-9-605 B. by the addition thereto of a new sub-section entitled "Cul -de-sac " and which shall be numbered as 11-9-605 B 6 and shall read as follows : "6. Cul -de- sacs : No street which ends in a culdesac or a dead-end shall be longer than Four Hundred Fifty Feet (450' ) . 13. To amend the Official Zoning Maps , Section 11-2-425 , to rezone the following parcels of land from R-8, Residential , to C- G, General Retail and Service Commercial . The parcels are in the Northwest Quarter of Section 7, T. 3N . , R . 1E . , Boise Meridian , Ada County, Idaho, and have frontage on Fairview Avenue and are known by the parcels and address as follows : 1 . Lot 1 , Chapin Subdivision #2, Meridian , Idaho; and 2. Lot 2 , Chapin Subdivision #2, Meridian , Idaho; and that parcel known as : 3. 305 E. Fairview Avenue, Meridian , Idaho. Public comment is welcome and will be heard and considered . DATED this2jj/ day .of ."-n&u,1 1990. N , ;K AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridien,Idaho 83842 Telephone 808.44e1 ckY:/1// PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN COMES NOW, the Planning and Zoning Commission of the City of Meridian and hereby submits to itself and the City Council of the City of Meridian the following proposals to amend the Zoning and Development. Ordinances of the City of Meridian . 1 . There shall be a new provision added to Section 11- 9-605 J FENCES, which shall be known as 11-9-605 J . 10. and shall read as follows : That if an owner or applicant desires to obtain a variance from the provisions of this Section, 11-9-605 J , FENCES, it shall not be treated as a variance pursuant to the provisions of 11-2-419 or 11-9-612, of the Revised and Compiled Ordinances and the procedure for such a variance shall not be governed by the aforementioned two sections . There shall be a special procedure for variances from this fence ordinance which shall be as follows : a. The owner or applicant shall file an application for a fence variance with the City Clerk , which application shall state the following: 1 . Address of subject property; 2. Name, address and phone number of applicant; 3. Name, address and phone number of owners of the subject property; 4. Proof of ownership; 5. Legal description of subject property; 6. Present use of subject property; 7. Zoning of the subject property; AMBROSE, 8. Schematic drawing of the building and FITZGERALD &CROOKSTON proposed fence; Attorneys and 1 counaalola P.O.Boz 427 Msddlan,Idaho 63642 Talapl onaY164461 9. List of the mailing addresses of all property owners ( from authentic tax records of Ada County) within 200 feet of the external boundaries land being considered; 10 . Minimum requirements of this ordinance that need to be reduced to permit the proposed fence; 11. An application fee established by resolution of the Council ; 12. A statement from the titled owner that grants a lien to the City to secure the payments of all costs of the City in processing the variance application , including the engineering and publication, and attorney costs and fees; b. Upon receipt of the fence variance application the zoning administrator shall set a hearing and see that notice is mailed by first class mail to all owners of property within 200 feet of the radius of the subject property , which notice of hearing shall be held not sooner than 15 days after the mailing of the required notice and not more than 30 days after mailing of the required notice. The notice of Hearing does not need to be published in the official newspaper. c. The hearing established by this subsection shall be conducted by the fence variance committee which committee shall be comprised of the City Engineer , the Meridian Police Chief, one Council Member and one Planning and Zoning Member . A Quorum of said committee shall be a minimum of three members of the committee. d. Upon hearing the request for the fence variance, the committee shall either approve or deny or approve with conditions the AMBROSE, FITZGERALD RCROOKSTON Attorneys and 2 Counselors P.O.Box 427 Moddisn,Idaho 111!42 TNephone 1111644111 application for fence variance ; that no written findings of fact shall be required but a written decision shall be written to the applicant and to any party requesting written notification of the decision at the hearing. e. APPEAL - - any aggrieved party may appeal the decision of the committee directly to the City Council pursuant to Section 11-2-416 G. 1 . 2. To amend Section 11-2-411 by the addition thereto of a new section entitled "GARAGES" which shall be known as 11-2-411 H, and shall read as follows : H . GARAGES : That all single family detached housing units shall have a minimum garage capable of housing at least 2 standard size automobiles. 3. There shall be an addition to Section 11-2-409, a new subsection entitled 11 - 2 -409 D , " LIVESTOCK AND POULTRY PROHIBITED" which shall read as follows : "D. LIVESTOCK AND POULTRY PROHIBITED: Within any of the zoning districts of the City of Meridian it shall be unlawful to use the land for the keeping or housing of poultry or livestock; that all poultry or livestock presently kept or maintained prior to the passage of this section of this ordinance shall be allowed to continue until the property that they are kept on or maintained on ceases to be used for such purposes for a period in excess of one year and after that one year poultry or livestock may not again be able to be kept or maintained on that property provided that said property was being legally used to keep or maintain poultry or livestock prior to adoption of this ordinance; and, provided, however, that property presently or subsequently zoned for AMBROSE, FITZGERALD &CROOKSTON Afton*Ye and 3 Counselors P.O.Box 427 Meddlen,Idaho !3047 Telephone 0034401 • /"•\ the use of meat or poultry processing shall be allowed to keep or maintain poultry or livestock . " 4. To amend Section 11-2-410 A, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, such that the R-8 Zone minimum lot area states that 4 , 250 square feet is required per dwelling unit. See attached Exhibit "A" of the ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS 2-410 A, as amended. 5. To amend Subsection 11-2-414 D. 6. A. , so that it reads as follows : Parking space 45 degrees - - 10 feet , 60 degrees -- 9 feet, 90 degrees -- 9 feet parallel -- 9 feet. 6. To amend Section 11-2-414 D. 6 . , by the addition thereof of a new subsection entitled "D PETITION FOR COMPACT SPACE, and which shall read as follows : D . PETITION FOR COMPACT SPACE : Upon petition , parking spaces may be allowed to fulfill the above requirements which are classified as compact car parking spaces, and which are so properly designated and which have dimensions of 7 1/2 feet width and 15 foot length. 7. To amend Section 11-2-421 by the addition thereof of a new subsection which shall be known as 11-2-421 E. entitled "OCCUPANCY PERMIT ISSUANCE" , and which shall read as follows : E. OCCUPANCY PERMIT ISSUANCE: There shall be no occupancy permit issued to any property until all utilities are in place and operable, which utilities shall include as appropriate water, sewer, gas, electricity, pressurized irrigation , and telephone; no occupancy permit shall be issued until all requirements of the City of Meridian have been met. 8. To amend Section 11-9-606 to re-number subsection d thereof to e , and to adopt a new subsection d , ISSUANCE OF BUILDING PERMIT, which shall read as follows : AMBROSE. FITZGERALD i CROOK.STON Anomaly and 4 Counselors P.O.Box 427 MMWIs",Idaho 13642 ISSUANCE OF BUILDING PERMIT: A building permit for the construction of a dwelling or building or structure may be allowed prior to completion of all improvements required by Section 11-9-606 only upon providing a guarantee of completion of improvements authorized by subsection 11-9-606 C. 2. , in the form of a cash deposit, certified check, negotiable bond , or an irrevocable bank letter of credit , all of which must be acceptable to the City. 9. To amend Section 11-9-605 B. "STREETS" by the addition of the requirement under subsection 3 thereof entitled "STREET AND ROAD SPECIFICATIONS" by the addition thereto under the highway and street types and widths table of a category entitled "SECTION LINE ROADS" and the widths stated thereunder shall be 80 feet. 10. To amend Section 11-9-606 B. IMPROVEMENTS, PUBLIC by the addition thereto of a new Section to be known as Section 11- 9-606 B. 14. PRESSURIZED IRRIGATION SYSTEM. This addition would be pursuant to Idaho Code 67-6518, which allows the governing board to adopt standard-for such things as public utilities, including water systems , and indicates that whenever ordinances made under Chapter 65, Title 67, impose higher standards than are required by any other statute or other local ordinance the provisions of the ordinances made pursuant to that Chapter shall govern , and pursuant to the requirement of 31-3805, Idaho Code, that subdivisions contained within an irrigation district must either transfer the water rights from said lands or the subdivider must provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those land owners within the subdivision who are also within the irrigation district; and it being the opinion of the Planning and Zoning Commission that it is in the best interest of the City and the citizens of the City of Meridian that the water rights not be transferred from the land , but that underground irrigation water be provided to each lot within the subdivision . Therefore it is hereby proposed that subsection 14 be adopted and shall read as follows : AMBROSE. FITZGERALD aCROOKSTON A"« and 5 Counselors P.O.Box 427 Ma1014n.Idda S3S42 TM•,Ncn•IMB4461 • PRESSURIZED IRRIGATION SYSTEM : In each subdivision the subdivider shall provide by underground tile , or other like satisfactory underground conduit , pressurized irrigation water to each and every lot within the subdivision; that the pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but shall not necessarily be in the same trenches; that there shall be no cross connections between the domestic water lines and the irrigation water lines that do not comply with section 4-143 of the Revised and Compiled Ordinances of the City of Meridian ; that the City Engineer is hereby authorized and directed to establish rules and regulations and standards for pressurized irrigation systems and that all pressurized irrigations systems shall comply with those standards , rules and regulations . Provided , however , that the requirements of this subsection may be waived upon proof that any particular lot, parcel , or piece of land does not have water rights in an existing irrigation district. DATED this day of , 1989. JI SHi' I , CHAIRMAN PLANNING AND I G CiMMISSION AMBROSE, FITZGERALD &CROOKSTON G Attorneys and 6 Counselors P.O.Box 427 Msrfdisn.Idaho 13842 Telephone 664461 if ...... .............. N N 14 W N 1-•. 'A C1 I I v v�. '-3 0 En n n n r I x 70 70 H 1.-. 1--• - r .= .., R1 "•3 n 1 1 I I 0 1-+ I I * rt 0 0 N N r y 0. n z 0 VI 0o A '1 rt N• O "S O O 0 A+ i r+ N r* IO a+ 1• "t O Ur. n r 1.• z If 1 tit m 0+ II '11 r* I-. A ON Z ry ti p.01 V - 0 0 33 ft ft It O '.' J N N 0 00 no r ,I N 0. 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VP 0 Co 00 -0% 0 to 0 el 0 0 mnt• no • ~ i3 EXHIBIT "A" 1 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ' S PETITION TO AMEND MERIDIAN ZONING ORDINANCE AND THE DEVELOPMENT ORDINANCE FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled Petition and Verbal Addendum made during a regular scheduled Planning and Zoning meeting to amend the Meridian Zoning and Development Ordinance, having come on for public hearings and the Planning and Zoning Commission having heard any and all testimony that was submitted and having duly considered the evidence, the facts judicially noticed and its own opinions and the matter , the Planning and Zoning Commission makes the following : • FINDINGS OF FACT 1 . ':That a notice of public hearing on the application was published for two (2) consecutive weeks prior to each of the two public hearings scheduled for November 14, 1989, and January 9, 1990, respectively, the first publication of which was fifteen ( 15 ) days prior to each of said hearings ; that the matter was duly considered at the November 14, 1989 and January 9, 1990 AMBROSE, hearings and was duly considered by the Planning and Zoning FITZGERALD &CROOKSTON Commission ; that copies of all notices were available to Attomsysand FINDINGS OF FACT AND CONCLUSIONS - PAGE 1 Counselors P.O.Box 427 Meridian,Idaho 8342 Telephone 888.1401 . 1 newspapers , and radio and television stations . 2. That these proposed amendments are as set forth in the Petition and the Verbal Addendum. That the general reasons and purposes set forth in the Petition and Verbal Addendum for amending the Zoning Development Ordinances are to set forth a simpler procedure for variances from the fence ordinance, to establish a minimum garage size for single family detached housing units , to establish a prohibition from maintaining livestock and poultry within the city limits except for meat and poultry processing facilities which are now not specifically prohibited , to specifically set forth that the 4,250 square foot lot size for duplexes is 4 ,250 per dwelling unit and not 4, 250 for the entire duplex, to reduce the size of required widths of parking spaces to allow more parking spaces and to meet the factual circumstances that many cars are smaller these days and are compact and thus meeting the requests for property owners by also allowing compact car parking spaces , to clear up any possible confusion as to when an occupancy permit can be issued which is'.: after completion of placement of all utilities, to set forth that a building permit will not be issued unless all improvements have been completed provided however that they may be issued if security is posted for completion of improvements , to meet the proposals of the Ada Planning Association to establish 80 foot right-of-way widths for section line roads , to make mandatory the construction and placement of pressurized AMBROSE, y irrigation systems where water is available from • an irrigation FITZOERALD &CROOKSTON Aoo ysomd FINDINGS OF FACT AND CONCLUSIONS - PAGE 2 CoP.O.Box 427 MMdlan,Idaho •3642 Tahphona IBB41e1 /1 r„\ district , to establish a definition for kennel which would be to set forth that where two or more domestic animals within three nl®nths of age are maintained , to set forth the minimum length of the street which ends in a culdesac which maximum length has been deleted from the provisions of the Ada County Highway District and there is a need to set forth that maximum limit, to correct an oversight in the original zoning ordinance passed April 2 , 1984, to properly zone Lot 1 and Lot 2 , Chappin Subdivision No. 2, and that property known by the address 305 E. Fairview Avenue , which properties are zoned R-15 and were so zoned by the original zoning ordinance but which property at the time of passage of the original zoning ordinance were used commercially. 3. That the amendments have been proposed by the Commission itself. 4. That at the public hearings held before the Planning and Zoning Commission there were no public comments or testimony submitted on the application to amend . 5. That there are many applications for a variance from the fence ordinances of the City of Meridian , which in large part pertain to corner lots; that in large part the variances are worked out by the City Clerk , City Engineer and the Chief of Police and it is more appropriate to have a simpler procedure unless requested to do so. 6. That it has been the policy of the City of Meridian in AMBROSE, thegq past to require single family detached units to have two car FITZGERALD &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 3 Counselors P.O.Box 427 MsgIdisn,Idaho 83642 Telsphons 8884461 garages but there has been no minimum size set for the garages and it is desireable to have that set, so that the requirement is definitive. 7. That the present Zoning Ordinance does not prohibit livestock and poultry within the City of Meridian , and such were previously prohibited and it was an oversight in the original zoning ordinance not to include that prohibition . 8. That the present Zoning Schedule of Bulk and Coverage Controls is ambiguous and is in need of clarification as to the square foot lot requirements for duplexes . 9. That cars are becoming smaller and it is found that the 10 foot width of parking spaces is unnecessary and 9 foot is more reasonable and more practical and since there are many compact cars that there should be a compact car space designation . 10. That there have been requests by developers to allow people to occupy homes prior to all utilities having been put in service to the subdivision and there is a need to set forth that no occupancy permits will be allowed without the placement of utilities. 11 . That there are on occasions times when it is necessary to allow building of a structure to commence where improvements have not been totally completed and it is found to be necessary to allow building permits to be issued where all improvements have not been placed provided the developer places and posts AMBROSE, FITZGERALD security for the completion of the improvements . &CROOKSTON Attorneys and CounselorsFINDINGS OF FACT AND CONCLUSIONS - PAGE 4 P.O.Box 427 Meridian.Idaho 83642 Telephone 888-4461 12. That the Ada Planning Association has set a goal of having 80 foot right-of-way requirements on section line roads , and it is therefore desireable to meet that goal so that it is uniform throughout the County. 13. That there have been, in the past, many complaints by residence in subdivisions that they are assessed for water taxes and assessments and yet receive no water for irrigation . 14. :That the existence of a number of domestic animals can be disturbing and often times is , for neighbors . 15. That the Ada County Highway District removed from its regulations the maximum length to which a street ending in a culdesac could be constructed . 16. That the properties located on Lot 1 and Lot 2 , Chappin Subdivision No. 2 and at 305 E. Fairview Avenue, are presently used and were so used at the time of passage of the original Zoning Ordinance in April of 1984, in a commercial fashion . CONCLUSIONS OF LAW 1 . That the City has authority to amend its Zoning and Development Ordinances pursuant to Title 67, Chapter 65, Idaho Code, specifically Section 67-6511 , Idaho Code, and Section 11- 2-416 of the Zoning Ordinances and Section 11-9-614 of the Development Ordinance. 2. That all notices and hearing requirements set forth in Title 67, Chapter 65, Idaho Code and the Ordinances of the City AMBROSE, of Meridian have been complied with. FITZGERALD p &CROOKSTON Attorneys and FACT AND CONCLUSIONS - PAGE 5 Counselors P.O.Box 427 Meridian,Idaho 83642 Telephone 888.4461 3. That since the proposed amendments are proposed by the Commission , the technical requirements for an amendment application may be waived , and are hereby waived . 4. That the function of adopting, amending, or repealing the text of a zoning or development ordinance is a legislative function in that such does not pertain to any specific parcel or parcels of property ; that the Local Planning Act of 1975 requires findings of fact and conclusions regardless of whether the function is legislative or quasi -judicial . 5. That the Commission may take judicial notice of governmental statutes, ordinances and policies , and of actual conditions existing within the City, County, and State. 6. That it is concluded that it is not in the best interest of the City of Meridian and its residents to require full variance procedures for fence variances and that the proposed procedure will provide adjacent owners with the required notice and provide them with full opportunity for input and provide for appeal , which if there is an unresolved issue or disagreement between the applicant and the adjacent property owners within 200 feet can be resolved as if it were a full variance procedure. 7. That it is desireable to keep cars from being parked at all times along the streets of the City of Meridian and that a requirement of a two car garage will facilitate keeping many cars from being parked along the streets of the City of Meridian FITZGERALD which in certain and many areas are narrow and are a hinderance 8 CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 6 Counselors P.O.Box 427 Meridian,Idaho 83642 Telephone 888-4481 to safety and emergency vehicles . 8. That it is desireable to keep livestock and poultry from being kept and maintained within the City limits ; that such were generally prohibited under the Zoning Ordinances in effect prior to April 2 , 1984; that it was an oversight not to prohibit livestock and poultry within the City under the Zoning Ordinance adopted April 2 , 1984 ; that if such animals are presently being maintained that the ordinance amendment will provide a procedure for grandfather rights . 9. That the Zoning Schedule of Bulk and Coverage Controls was ambiguous as to the minimum lot size for duplexes. 10. That it is concluded that parking spaces needed to be amended to fit the existing and present sizes of midsize and compact cars , and that the 10 foot requirement for width, other than in 45 degree parking was excessive due to the prevalence of small sized vehicles. 11 . It is concluded that no structure should be allowed to be occupied until all utilities are connected to service the property. 12. That it is concluded that on occasion it is appropriate to issue a building permit prior to the placement of all improvements provided the applicant for the building permit or his agent or the developer of the subdivision posts adequate security for the completion of the improvements and that such improvements are completed prior to occupancy. AMBROSE, 13. That it is concluded that it is necessary to require FITZGERALD &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 7 Counselors P.O.Box 427 Meridian,Idaho 83642 Telephone 8884461 /'1 80 foot rights-of-way for mile section line roads , in that, this is the goal throughout the County and it is necessary to have uniformi-ty throughout the County. 14. That it is concluded that it is necessary, if at all possible,, that property owners receive water which they are paying for and that requiring a pressurized irrigation system will facilitate that need . 15. That it is concluded that for safety reasons it is necessary to restrict the length of a street which ends in a culdesac to 450 feet so that fire and safety vehicles are not hindered for access . 16. That due to the fact that the properties located at Lot 1 and Lot 2 , Chappin Subdivision and at 305 E. Fairview Avenue, are used commercially and it is concluded that it is in the best interest to bring the zoning of those properties in line with the actual use. 17. That the proposed amendments are reasonable , desireable and in the best interest of the City of Meridian and its residences . AMBROSE, FITZGERALD &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 8 Counselors P.O.Box 427 Meridian,Idaho 83842 Telephone 888.4481 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 Voted Eck Commissioner Rountree Vote 9e Commissioner Shearer Votedyt4 Commissioner Alidjani Voted Chairman Johnson (Tie Breaker) Voted _// RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the Planning and Zoning Commission ' s proposed Amendments to the Zoning and Development Ordinances should be approved and adopted . MOTION : APPROVED : DISAPPROVED: at ) lir AMBROSE, FITZGERALD &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 9 Counselor. P.O.Box 427 M.►Wian,Idaho 83642 T.Nphon.88&4481 1 MERIDIAN PLANNING & ZONING FEERPRY 13,, 1990 The Regular Meeting of the Meridian P & Z COMM. was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Moe Alidjani,, Charles Rountree,, Jim Shearer,, Tim Hepper: Others Present: Dale Bates,, Max Boesiger,, Darrell Calhoun, Gary Lee,, Louise Bird,, Penny McCathron,, Wayne Crookston,, Dale Bates,, Sam Fishel,, ¶ ami Shoemaker,. Elmer Martin: The Motion was made by Alidjani and seconded by Rountree to approve of the Minutes of the previous Meeting held January 9, 1990 as written: Motion Carried: All Yea: ITEM #1: CONDITIONAL USE PERMIT FOR PUD BY WAYNE & MARY WILLIAMSON: Chairman Johnson: Read a letter received from Mary & Wayne Williamson requesting a change in their application. (Tape on File) The Motion was made by Shearer and seconded by Alidjani to reflect the change in the application in the Findings of Fact. Motion Carried: All Yea: OTEM 42: FINDINGS OF FACT & CONCLUSIONS OF LAW ON PROPOSED AMENDMENTS TO THE ZONING AND DEYELOAV lTTF ORDINANCE: Johnson: These are the items that the Planning & Zoning Commission have proposed changing or clarifying. Does anyone have comments on this? Shearer: We have a slight error on Page #3 in the definition, it should be 3 or more for kennel definition, and also instead of being within in should be over three months of age. There was further discussion. (Tape on file) Rountree: I have a question on Page 8, item 15, about the length of a culdesac, was that a recommendation from our Fire Department, the length? Clerk Niemann: Yes, that is what they wanted. They only carry 1200 ft. of hose. The Motion was made by Rountree and seconded by Shearer that the Findings & Fact be approved with the corrections noted. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea: Motion Carried: The Motion was made by Hepper and seconded by Rountree that the Meriidan Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that the Planning and Zoning Commission's proposed Amendments to the Zoning & Development Ordinances should be approved and adopted,. with the changes noted. 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 March 2.(), for the purpose of considering the Application of the Planning and Zoning Commission to amend the Zoning and Development Ordinances which amendments are as follows : 1 . To amend Section 11-9 -9605 J . FENCES , such that an application for a variance from the fence ordinance is not treated as a standard variance under 11-2-419 or 11-9-612 , but is allowed a special procedure, and to establish that procedure. 2 . To amend Section 11-2 -411 by the addition of a new section entitled " GARAGES" , which would require single family detached housing units to have a minimum garage size capable of housing two standard sizes automobiles . 3. To amend Section 11 -2 -409 by the addition of a new section prohibiting livestock and poultry within the City of AMBROSE, Meridian , unless specifically authorized for meat or poultry FITZGERALD &CROOKSTON processing facilities , and to provide definitions for livestock Attorneys and Counselors a n d poultry. P,O,6x 427 Meridian,Idaho 83642 Telephone 8884461 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ' S PETITION TO AMEND MERIDIAN ZONING ORDINANCE AND THE DEVELOPMENT ORDINANCE FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled Petition and Verbal Addendum made during a regular scheduled Planning and Zoning meeting to amend the Meridian Zoning and Development Ordinance, having come on for public hearings and the Planning and Zoning Commission having heard any and all testimony that was submitted and having duly considered the evidence, the facts judicially noticed and its own opinions and the matter , the Planning and Zoning Commission makes the following : • FINDINGS OF FACT 1 . That a notice of public hearing on the application was published for two ( 2 ) consecutive weeks prior to each of the two public hearings scheduled for November 14, 1989, and January 9, 1990, respectively, the first publication of which was fifteen ( 15 ) days prior to each of said hearings; that the matter was duly considered at the November 14, 1989 and January 9, 1990 hearings and was duly considered by the Planning and Zoning AMBROSE, FITZGERALD &CROOKSTON Commission ; that copies of all notices were available to Attomeysand FINDINGS OF FACT AND CONCLUSIONS - PAGE 1 Counselors P.O.Box 427 Meridian,Idaho 83142 Telephone 888-4481 E ' newspapers , and radio and television stations . 2 . That these proposed amendments are as set forth in the Petition and the Verbal Addendum. That the general reasons and purposes set forth in the Petition and Verbal Addendum for amending the Zoning Development Ordinances are to set forth a simpler procedure for variances from the fence ordinance, to establish a minimum garage size for single family detached housing units , to establish a prohibition from maintaining livestock and poultry within the city limits except for meat and poultry processing facilities which are now not specifically prohibited , to specifically set forth that the 4, 250 square foot lot size for duplexes is 4 , 250 per dwelling unit and not 4, 250 for the entire duplex, to reduce the size of required widths of parking: spaces to allow more parking spaces and to meet the factual circumstances that many cars are smaller these days and are compact and thus meeting the requests for property owners by also allowing compact car parking spaces , to clear up any possible confusion as to when an occupancy permit can be issued which is after completion of placement of all utilities , to set forth that a building permit will not be issued unless all improvements have been completed provided however that they may be issued if security is posted for completion of improvements, to meet' the proposals of the Ada Planning Association to establish 80 foot right-of-way widths for section line roads , to make mandatory the construction and placement of pressurized AMBRosE, irrigation systems where water is available from . an irrigation FITZGIERALD &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 2 Counselors P.O.Boz 427 Meridian,Idaho 83642 Telephone 8884401 district , to establish a definition for kennel which would be to set forth that where two or more domestic animals within three months of age are maintained , to set forth the minimum length of the street which ends in a culdesac which maximum length has been deleted from the provisions of the Ada County Highway District and there is a need to set forth that maximum limit, to correct an oversight in the original zoning ordinance passed April 2 , 1984, to properly zone Lot 1 and Lot 2 , Chappin Subdivision No. 2 , and that property known by the address 305 E. Fairview Avenue , which properties are zoned R-15 and were so zoned by the original zoning ordinance but which property at the time of passage of the original zoning ordinance were used commercially. 3. That the amendments have been proposed by the Commission itself. 4. That at the public hearings held before the Planning and Zoning Commission there were no public comments or testimony submitted on the application to amend . 5 . That there are many applications for a variance from the fence ordinances of the City of Meridian , which in large part pertain to corner lots ; that in large part the variances are worked out by the City Clerk , City Engineer and the Chief of Police and it is more appropriate to have a simpler procedure unless requested to do so. 6. That it has been the policy of the City of Meridian in AMBROSE, the past to require single family detached units to have two car FITZGERALD BCROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 3 Counselors P.O.Box 427 Meridian,Idaho 83642 Telephone 868.4461 garages but there has been no minimum size set for the garages and it is desireable to have that set, so that the requirement is definitive. 7. That the present Zoning Ordinance does not prohibit livestock and poultry within the City of Meridian , and such were previously prohibited and it was an oversight in the original zoning ordinance not to include that prohibition . 8. That the present Zoning Schedule of Bulk and Coverage Controls is ambiguous and is in need of clarification as to the square foot lot requirements for duplexes . 9. That cars are becoming smaller and it is found that the 10 foot width of parking spaces is unnecessary and 9 foot is more reasonable and more practical and since there are many compact cars that there should be a compact car space designation . 10. That there have been requests by developers to allow people to occupy homes prior to all utilities having been put in service to the subdivision and there is a need to set forth that no occupancy permits will be allowed without the placement of utilities. 11 . That there are on occasions times when it is necessary to allow building of a structure to commence where improvements have not been totally completed and it is found to be necessary to allow building permits to be issued where all improvements have not been placed provided the developer places and posts AMBROSE, FITZGERALD security for the completion of the improvements . &CROOKSTON Attomeys and Counselors FINDINGS OF FACT AND CONCLUSIONS - PAGE 4 P.O.Box 427 Meridian,Idaho 83642 Telephone 81384461 12. That the Ada Planning Association has set a goal of having 80 foot right-of-way requirements on section line roads , and it is therefore desireable to meet that goal so that it is uniform throughout the County. 13. That there have been , in the past, many complaints by residence in subdivisions that they are assessed for water taxes and assessments and yet receive no water for irrigation . 14. That the existence of a number of domestic animals can be disturbing and often times is , for neighbors. 15. That the Ada County Highway District removed from its regulations the maximum length to which a street ending in a culdesac could be constructed . 16. That the properties located on Lot 1 and Lot 2 , Chappin Subdivision No. 2 and at 305 E. Fairview Avenue, are presently used and were so used at the time of passage of the original Zoning Ordinance in April of 1984, in a commercial fashion. CONCLUSIONS OF LAW 1 . That the City has authority to amend its Zoning and Development Ordinances pursuant to Title 67, Chapter 65, Idaho Code, specifically Section 67-6511 , Idaho Code, and Section 11- 2-416 of the Zoning Ordinances and Section 11-9-614 of the Development Ordinance. 2. That all notices and hearing requirements set forth in Title 67, Chapter 65, Idaho Code and the Ordinances of the City ma RAE, of Meridian have been complied with . BCROOKSTON ""onnlys FINDINGS OF FACT AND CONCLUSIONS - PAGE 5 Counselors P.O.Box 427 Meridian,Idaho 03642 Telephone 8881401 3. That since the proposed amendments are proposed by the Commission , the technical requirements for an amendment application may be waived , and are hereby waived . 4 . That the function of adopting , amending , or repealing the text of a zoning or development ordinance is a legislative function in that such does not pertain to any specific parcel or parcels of property ; that the Local Planning Act of 1975 requires findings of fact and conclusions regardless of whether the function is legislative or quasi -judicial . 5. That the Commission may take judicial notice of governmental statutes , ordinances and policies, and of actual conditions existing within the City, County, and State. 6. That it is concluded that it is not in the best interest of the City of Meridian and its residents to require full variance procedures for fence variances and that the proposed procedure will provide adjacent owners with the required notice and provide them with full opportunity for input and provide for appeal , which if there is an unresolved issue or disagreement between the applicant and the adjacent property owners within 200 feet can be resolved as if it were a full variance procedure. 7. That it is desireable to keep cars from being parked at all times along the streets of the City of Meridian and that a requirement of a two car garage will facilitate keeping many cars from being parked along the streets of the City of Meridian AMBROSE, which in certain and many areas are narrow and are a hinderance FraGERALD &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 6 Counselors P.O.Box 427 Meridien,Idaho 83042 Telephone 8801461 to safety and emergency vehicles . 8. That it is desireable to keep livestock and poultry from being kept and maintained within the City limits; that such were generally prohibited under the Zoning Ordinances in effect prior to April 2 , 1984; that it was an oversight not to prohibit livestock and poultry within the City under the Zoning Ordina .ce adopted April 2 , 1984 ; that if such animals are presently being maintained that the ordinance amendment will provide a procedure for grandfather rights . 9. That the Zoning Schedule of Bulk and Coverage Controls was ambiguous as to the minimum lot size for duplexes . 10. That it is concluded that parking spaces needed to be amended to fit the existing and present sizes of midsize and compact cars , and that the 10 foot requirement for width, other than in 45 degree parking was excessive due to the prevalence of small sized vehicles. 11 . It is concluded that no structure should be allowed to be occupied until all utilities are connected to service the property. 12 . That it is concluded that on occasion it is appropriate to issue a building permit prior to the placement of all improvements provided the applicant for the building permit or his agent or the developer of the subdivision posts adequate security for the completion of the improvements and that such improvements are completed prior to occupancy. AMBROSE, 13. That it is concluded that it is necessary to require FITZGERALD &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 7 Counselors P.O.Box 427 Meridian,Idaho 83042 Telephone 0884461 80 foot rights-of-way for mile section line roads , in that, this is the goal throughout the County and it is necessary to have uniformity throughout the County. 14. That it is concluded that it is necessary, if at all possible , that property owners receive water which they are paying for and that requiring a pressurized irrigation system will facilitate that need . 15. That it is concluded that for safety reasons it is necessary to restrict the length of a street which ends in a c u l desac to 450 feet so that fire and safety vehicles are not hindered for access . 16. That due to the fact that the properties located at Lot 1 and Lot 2 , Chappin Subdivision and at 305 E . Fairview Avenue, are used commercially and it is concluded that it is in the best interest to bring the zoning of those properties in line with the actual use. 17. That the proposed amendments are reasonable , desireable and in the best interest of the City of Meridian and its residences. AMBROSE, FITZGERALD &CROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 8 Counselors P.O.Box 427 Meridian,Idaho 83642 Telephone 888.4461 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 Voted Commissioner Rountree Voted Commissioner Shearer Voted Commissioner Alidjani Voted Chairman Johnson (Tie Breaker ) Voted RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the Planning and Zoning Commission ' s proposed Amendments to the Zoning and Development Ordinances should be approved and adopted . MOTION: APPROVED: DISAPPROVED : AMBROSE, FITZGERALD IICROOKSTON Attorneys and FINDINGS OF FACT AND CONCLUSIONS - PAGE 9 Couns.lor. P.O.Box 427 M.rldln,Idaho 83142 T.I.phon.888.4461 MERIDIAN-PLANNING & ZONING JANUARY 9, 1990 PAGE #5 The Motion was made by Hepper and seconded by Alidjani to have the attorney prepare the Findings of Fact and Conclusions of Law for rezone with Conditional Use Permit for PUD by Wayne & Mary Williamson. Motion Carried: All Yea: Johnson: There will be no recommendation to the City Council at this time. ITEM R.: .LIC ANG:` PROPOSED Alm. ,. ' . .,, , C T' : * � Maio Hearing, is-thy � the public who would ,' K ' ` A40 v c Hearing was closed. The was madp.Aby Alidjani and seconded by Hepper to have the attorney prepare the Firths of °Fact- d elusions of Law for the proposed amendments to the zoning & development ordinance. Meson 1d: All Yea: Tion wan.; _ Alidjani and seconded by Happerto recommend favorably to the City Council. Moti r-Carried: All Yea: Johnson: I've asked our City Engineer to give us a brief overview of our sewer system so we will be more in tune with what our city direction is. Smith: Addressed the Commission with a brief overview of the City's sewer system. The Motion was made by Hepper and seconded by Alidjani to adjourn at 9:00 P.M.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: JAM ,1 • 1 CITY CLERK - .c. Mayo, & Council, Stuart, ACRD, NMID, P & Z Members, Atty, ACC, Valley News, Eng., Building, Gass, Statesman, CDH,Settlers Police, Fire, Ward, Mail (2) File (2) A A""3/4\ r 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 Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City H- 11 , 33 East Idaho Street , Meridian , Idaho, at the hour of 7 : 30 o ' clock p.m. , on January 9, 1990, for the purpose of considering the Application of the Planning and Zoning Commissions to amend the Zoning and Development Ordinances which amendments are as follows : 1 ) to amend Section 11-9-605 B by the addition thereto of a new sub- section entitled "Cul -de-sac" and which shall be numbered as 11- 9-605 B 6 and shall read as follows : "6. Cul -de-sacs : No street which ends in a culdesac or a dead-end shall be longer than Four Hundred Fifty Feet (450' ) ; and 2 ) to amend the Official Zoning Maps , Section 11-2-425, to rezone the following parcels of land from R - 8 , Residential , to C-G , General Retail and Service Commercial . The parcels are in the Northwest Quarter of Section 7 , T. 3N. , R. 1E. , Boise Meridian , Ada County, Idaho, and have frontage on Fairview Avenue and are known by the parcels and address as follows: AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83842 Telephone 888-4481 1 . Lot 1 , Chapin Subdivision #2, Meridian , Idaho; and 2. Lot 2 , Chapin Subdivision #2, Meridian , Idaho; and that parcel known as : 3. 305 E. Fairview Avenue, Meridian , Idaho. Public comment is welcome and will be heard and considered . DATED this day of December, 1989. JACK NIEMANN, CITY CLERK AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83842 Telephone 888-4481 MEMORANDUM - NOVEMBER 16, 1989 RRt Rates from meeting with Larry Bledsoe 0 Nampa City Hall - "Pressurized irrigation" BY: Gary D. Smith, P. E. - City Engineer General: Nampa's system has developed over the past 12-15 year's. Originally the older town area had some shallow wells that pumped into open ditches for flood irrigation. - The Nampa supply is diversified. They use wells, ditches ditches and drains. - Ditch pumps are used but don't work well because they aren't able to meet the peak demands. - Nampa locates their pipes on rear lot lines and in alleys. They use a class 125 PVC pipe and bury them about 30 inches. They don't blow the pipes out in the winter but do provide drain valves and pits in low points of the line to drain the lines. If the pipe is located in the street use a better grade of PVC for the main and services. - Wells are the primary source of water for the system. Their irrigation season starts about 15 April and ends about 15 October. Irrigation before and after that is done with domestic water from the individual users system. Ditch water is used in the system after, the demand exceeds the well production. The reason is that ditch water is dirty and presents problems in pumping and in the sprinkling systems of the home owners. (Our Storey Park system supports the problems in pumping ditch water) - The City maintains the system to the curb stop (valve) . (See the attached standard drawing) - Presently it takes about 4 people to operate and maintain the irrigation system. (Estimation is 1 1/2 people for Meridian) - Sometimes the irrigation system is inter-connected, with appropriate back flow devices, with the City domestic system. This is done on an interim basis until the particular part of the system is looped or otherwise reinforced by other developments. 1 t."\ A PAGE 2 —Required supply (peak - when max. usage occurs) is 4 gallons/minute/lot. This required a minimum pipe size and a minimum yell size. Perimeter pipes around a subdivision should be 6 to 8 inches in diameter so it can attach to adjacent subdivisions. - A majority of the system work is done by City crews during off-season time and during the slower season. - Size of riser provided for lot size: 7, 000 s. f. - max. 1 - 1" dia. 7, 000 - 14, 000 - max. 2 - 1" dia. 14, 000 - max. 1 - 1" dia. but, it is looked at on a case by case basis. FINANCIALS - Subdivisions provide their own supply, whether, by well or ditch or a combination thereof. If any over-sizing is necessary the cost is supported by the City. - If a subdivision connects to the system and doesn't provide a supply, the subdivision is assessed a $150. 00/ lot fee. - LID's are used to install systems in existing subdivisions. (Also used block grants and revenue sharing funds. ) The cost of the well supply is not levied to the subd. users in the LID. The supply cost is subsidized by system wide user fees. The LID's are generally 10 years in length. - A single family assessment fee is $90. 00 + $130. 00 for a 1" meter. If City domestic water is used for irrigation an additional assessment of 1/3 ERU is assessed for each 1, 000 s. f. of lot. (e. g. 8, 000 s. f. lot = 8 x 1/3 x $90. 00 = $240. 00. Therefore total water assessment = $90. 00 = $240.00 = $330. 00) There appears to be some rationale for reducing the rater assessment (hookup) fee to a lot having pressure irrigation. TYPICAL PRESSURE IRRIGATION SERVICE INSTALLATION oieProperty or Easement Line 6" -s- 5'+ Typical • • • , , tmoy vary to suit Property owns 2ea• ,3/4" • Lawn R Gard { ALLEY WITH TRAVELWAY(Typical) 3 a 3 x I" Faucet In easements without 4 4 traveiways, Curb.Stop and Goly. Tee* Valve Boz. shall be located to be near property line but not In fences . r o l'"1 -1 Turf Level . `' •* '•°: ctt11 (UI =.1 111---'21111-::-.=---.:1111:-; -.1.-.1‘117.---E--- 111M1 ill Threaded Plug, Raised Nut, Valve Box Cover Shall Be 31 Aboue Finished Grade Valve Box Cover, PVC It 3Ary 4.Ey �' 3"Dia. Valve Box * *Olt. ' l"Gale. Pipe r Sleeve a Type Saddle 18"Min. SCHEDULE 80 S_`Curb Stop Valve Side of Valve 5".Pipe ,, 181Min. Notch s Eo:Side Cover ValveRier to 1 9 41 Ilp') (Tvo.) = _ .11101w1 .. -ft—Slopes o Drain 4111.variable /� • a•:: � e ' 81 eiS`x/+PVC Tee V with Plug-(For possible extension into property) MAIN LINE \. ...._. NOTE: In alleys and other locations designated •VAR/ABLE /2"A1/N. ___. by Engineer, minimum 12"square x 4" thick concrete block shall be placed under curb stop valve. CITY OF NAMPA, IDAHO IE 2.5 Af/N/MUM /N I/NPAVED.AREAS WHERE THE,L/NE /S FREE ENGINEERING DEPARTMENT DRA/N/4/6. • • _REVISION 3.5' M/N/MUM /N PAVED AREAS oR WHERE THE L/NE /S IRRIGATION 11-3-75 NOT FREE ORA/N/NG. 4 31 JAN. 1985 G.L.A. DUPLEX HOSE BIB ' . • 3 17 OCT. 1977 FRY OUTLET • ., J; 2 19 SEPT. 1977 GI A. . it I 16 JUNE 1977 GLA.,�,' DWG.•N NQ REVISE' BY . ••R DAP" - CITY ' ENGINEER • 480* • NOVEMBER 14, 1989 PAGE #9 Olson: On the water situation with Mr. Robertson, we'd be glad to work with him. When we build our base up, I will bring a tractor over and ditch a small waste ditch down to where it flows to the waste ditch. I don't think we'd have any problem with crime in that area. In Caldwell we do have a six foot high fence because we are in a high crime area. I think barb wire fence would be enough. We'll be glad to work with Mr. Robertson as far as the water. Johnson: Is there anyone else who wishes to testify, being no response the Public Hearing was closed. The Motion was made by Rountree and seconded by Shearer to have the attorney prepare the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: The Motion was made by Hepper and seconded by Rountree to recommend to the Meridian City Council that they approve of the annexation and zoning for the Conditional Use Permit by Schultz & Olson. Motion Carried: All Yea: - . s PUBLIC HEARING t ANENDIENTS .TO THE ZONING i DEVELOPMENT Johnson: I will now open the Public Hearing, is there anyone who wishes to testify, being no response the Public Hearing was closed. Rountree: I have one comment, it relates to the Kennel definition #11. We again get ourselves in conflict with another section of the Ordinance, so is there some way to correct this to affect all other sections. Shearer: I was wondering where re came up with 2 dogs, normally they have three in Ada County and Boise before they go into a kennel permit, isn't it. Why are we going 10 ft. with a 45 and 9 ft. with the rest of it for the parking. There was further discussion on this. ra, xd.aF . -=1,u..;t � s � to have taw*=. + '> : Vitt' tits @t 'bion that 'Mva'! "I' /"•\ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission 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 November 14 , 1989 , for the purpose of considering and taking action on the Petition of the Planning and Zoning Commission to amend the Zoning and Development Ordinances of the City of Meridian , in the following fashion : 1 . To amend Section 11-9-9605 J FENCES , such that an application for a variance from the fence ordinance is not treated as a standard variance under 11-2-419 or 11-9-612, but is allowed a special procedure, and to establish that procedure. 2. To amend Section 11-2-411 by the addition of a new section entitled "GARAGES" , which would require single family detached housing units to have a minimum garage size capable of housing two standard sizes automobiles. 3. To amend Section 11-2-409 by the addition of a new section prohibiting livestock and poultry within the City of Meridian , unless specifically authorized for meat or poultry processing facilities , and to provide definitions for livestock AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83842 Telephone 8884481 and poultry. 4. To amend Section 11-2-410 A, ZONING SCHEDULES OF BULK AND COVERAGE CONTROLS, to reflect that the 4, 250 square foot lot requirement for duplexes is 4,250 square feet per dwelling unit. 5 . To amend subsection 11-2-414D 6 ( a ) , to reduce the required width of parking spaces . 6. To amend Section 11-2-414 D 6 by allowing compact car spaces to fulfill the parking requirements upon petition therefore. 7. To amend Section 11-2-421 , by the addition of a new subsection which would allow occupancy permits to be issued only upon completion of placement of all utilities which would service the occupied premises . 8. To amend Section 11-9-606, to allow for the issuance of a building permit where all required improvements have not been completed only upon posting of security for the completion of the improvements . 9. To amend Section 11-9-605 B, STREETS, to indicate that section line roads will be required to have an 80 foot right-of- way. 10. To amend Section 11-9-606 B, IMPROVEMENTS, PUBLIC, by the addition thereto of a new requirement, requiring AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83842 Telephone 888.4481 • construction and placement of pressurized irrigation systems , unless a water right from an Irrigation District does not accompany the land being considered . 11 . To amend Section 11-2-403 B, DEFINITIONS, to change the definition of "Kennel " , such that, a Kennel would be any lot or premises on which more than two dogs , and/or cats and/or other household domestic animals , more than three months of age, are housed , groomed , breed , bordered , trained , sold or cared for. Public comment is welcome. DATED this ; ,,M day of = ? tel-- , 1989. 0,4-45 JA�C #-LSI N, C I TY CLERK AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83842 Telephone 8881481 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission 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 November 14 , 1989 , for the purpose of considering and taking action on the Petition of the Planning and Zoning Commission to amend the Zoning and Development Ordinances of the City of Meridian , in the following fashion : 1 . To amend Section 11 -9-9605 J FENCES , such that an application for a variance from the fence ordinance is not treated as a standard variance under 11-2-419 or 11-9-612, but is allowed a special procedure, and to establish that procedure. 2 . To amend Section 11-2 -411 by the addition of a new section entitled "GARAGES" , which would require single family detached housing units to have a minimum garage size capable of housing two standard sizes automobiles . 3. To amend Section 11 -2 -409 by the addition of a new section prohibiting livestock and poultry within the City of Meridian , unless specifically authorized for meat or poultry processing facilities , and to provide definitions for livestock AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83642 4ephone 888.4461 I and poultry. 4. To amend Section 11-2-410 A, ZONING SCHEDULES OF BULK AND COVERAGE CONTROLS , to reflect that the 4 , 250 square foot lot requirement for duplexes is 4 , 250 square feet per dwelling unit. 5. To amend subsection 11 -2-414D 6 ( a ) , to reduce the required width of parking spaces . 6. To amend Section 11-2-414 D 6 by allowing compact car spaces to fulfill the parking requirements upon petition therefore. 7. To amend Section 11-2-421 , by the addition of a new subsection which would allow occupancy permits to be issued only upon completion of placement of all utilities which would service the occupied premises . 8. To amend Section 11-9-606, to allow for the issuance of a building permit where all required improvements have not been completed only upon posting of security for the completion of the improvements . 9. To amend Section 11-9-605 B, STREETS, to indicate that section line roads will be required to have an 80 foot right-of- way. 10. To amend Section 11-9-606 B, IMPROVEMENTS, PUBLIC, by the addition thereto of a new requirement , requiring AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83642 Telephone 8884461 I r construction and placement of pressurized irrigation systems , unless a water right from an Irrigation District does not accompany the land being considered . 11 . To amend Section 11-2-403 B, DEFINITIONS, to change the definition of "Kennel " , such that, a Kennel would be any lot or premises on which more than two dogs , and/or cats and/or other household domestic animals , more than three months of age, are housed , groomed , breed , bordered , trained , sold or cared for. Public comment is welcome. DATED this,a) j- \ day of yoicr 1989. IllikIa n Lie TO( M N, ITY CLERK AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O.Box 427 Meridian,Idaho 83842 Telephone 888-1181 MERIDIAN PLANNING & ZONING OCTOBER 10, 1989 PAGE # 9 It was the concensus of the Commission to not make a recommendation at this time. Itan #3: Discussion & Review of Pending Amendments to the Zoning & Development Ordinance: Chairman Johnson: Sane of these amendments are housekeeping and same of than are things we need to do to bring our Ordinances up to date.I will let the City Attorney recap these for the Commissions benefit. City Attorney: First Iter is having to do with fences and variances, #2. has to do with garages, #3. has to do with livestock & poultry in the City Limits; #4: pertains to bulk & coverage controls: #5& 6: deal with parking: #7 & 8: pertain to Building & Occupancy Permit: #10: Pertain to the Pressurized Irrigation System: #9: Pertains to 80 foot rightaway on all Section Line Roads: The other thing that was brought up was to change the definition of a kennel. The Notion was made by Rountree and seconded by Hepper to add the kennel provision and definiton to the petition to amend the zoning & development Ordinances: Notion Carried: All Yea: The Notion was made by Rountree and seconded by Hepper to approve the petition with the amendment above for the Amendments to the Zoning & Development Ordinances: Motion Carried: All Yea: (PETITION ON FILE WITH THESE MINITIES) Being no further business to cone before the Commission the Notion was made by Alidjani - and seconded by Rountree to adjourn the meeting at 8:45 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: 4111..A Jar Ja•�'f'- , City Clerk PC Mayor & Council P & Manbers At , Eng., Fire, Police , Ward, Gass, Bad. Dept. , Hallett Valley News, Statesman ACHD, CDH, NIMD, AOC, SIRD MAIL (2) FILE (3)