1987 10-20
• •
A G E N D A
MERIDIAN CITY COUNCIL
OCTOBER 20, 1987
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 6, 1987: (APPROVED)
l: ORDINANCE # 489: REZONE OF FRED FENDER PROPERTY: (APPROVED)
2: ORDINANCE # 490: AMENDMENTS TO THE ZONING & DEVELOPMENT (APPROVED)
ORDINANCE:
3: DEPARTMENT REPORTS:
• •
MERIDIAN CITY COUNCIL OCTOBER 20, 1987
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30.p.m.:
Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler:
Others Present: Roy Porter, Wayne Crookston, Julie Stutts, Walt Morrow,
Steve Wherry,Laura Connors,
The Motion was made by Myers and seconded by Tolsma to approve the minutes
of the previous meeting held October 6, 1987 as written:
Motion Carried: All Yea:
Item #l: Ordinace # 489:
Mayor Kingsford: An Ordinance amending and changing the zoning of certain
real property in the City of Meridian which is described as Lots 1 & 2
in block 8 of Niday"s Addition to Meridian, according to the plat there-
of, filed in Book 2 at page 75, records of Ada County, Idaho and also
known as 1001 Meridian Street, Meridian, Idaho, and providing an
effective sate, is there anyone in the audience who wishes Ordinance #
489 read in its entirety? There was no response. This is the Ordinance
rezoning the property for Dr. Fender.
The Motion was made by Brewer and seconded by Myers that the rules and
provisions of 50-902 and all rules and provisions requiring that Ordinances
be read on three different days be dispensed with and that Ordinance #
489 as read be passed and approved.
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Brewer, Yea:
Item #2: Ordinance #490:
Mayor Kingsford: An Ordinance amending the Zoning & Hevelopment Ordinance
of the City of Meridian by amending Section11-2-418 B 12 to delete the
75o signature requirement for Conditional Use Application in the Old
Town District, by amending Section 11-2-418 B to add a new Conditional
Use Application Statement ~a<r~dnQ covenants and deed restrictions, by
amending Section 2-418 E t@ require Conditional Use Applications in Old
Town District to have one Public Hearing before the Planning & Zoning
Commission and then considered by the City Council without Public Hearing:
By amending Section 11-2-418 by the addition of a new section relating
to transfer of Conditional Use Permits: By amending Section 11-2-410
to delete the maximum lot coverage restrictions for all residential
zones and to delete the footnote'to said Section pertaining to garage
area; by amending Section 11-2-419 A to remove restrictive language
from Variance provisions relating to convenience and profit; by amending
11-2-419 B to add a requirement in the Variance Application pertaining
to convenience and profit; and providing an effective date;Is there any-
one in the audience who wishes Ordinance #490 read in its entirety?
There was no response.
,MERIDIAN CITY COUNCIL •
OCTOBER 20, 1987
PAGE # 2
The Motion was made by Giesler and seconded by Myers that the rules and
provisions of 50-902 and all rules and provisions requiring that Ordin-
ances be read on three different days be dispensed with and that Ordin-
ance # 490 as read be passed and approved:
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Brewer, Yea:
Department Reports:
Chief Porter: I know Co'
the vehicles, weeds and
we have been working on
with where the property
managed by a management
of in the near future.
uncilman Tolsma has received complaints about
etc. in the 700 block on South Meridian Road,
this for the past two weeks and are dealing
owner is from out of town and it is being
firm, we hope to have the situation taken care
Mayor Kingsford: I have a couple of items to bring up, I received a
letter from the Idaho Company and the time they have to raise the
necessary funds is rapidly approaching, if it is your desire to
support that program, I would encourage you and might have the press
make note of that, to get on the bandwagon. The other item I have is,
I am in receipt of a letter of resignation from Ann Kiebert the City
Treasurer, I think it would be appropriate if the Council would pass
a resolution commending her for her many years of service and thank her
for that time, the effective date of her resignation will be the end
of business day October 30, 1987, with that I would like to recommend
that Janice Gass be appointed City Treasurer, with the appointment
effective November 1, 1987, and would encourage you to support this
recommendation.
The. Motion was made by Giesler and seconded by Brewer that Janice Gass
be appointed as City Treasurer effective November 1, 1987:
Motion Carried: All Yea:
Myers: I think we should have the City Clerk draft a letter of
commendation for Ann`s service. to the eity of~M~•r~.c~a~,2 think she
has done a real good job and I think we ought to recognize this,
I would make it in the form of a Motion and maybe possibility at
the open house have her come back for recognition.
Mayor Kingsford: Ann has conveyed to me there is certain things she
did not want done and I have to respect her wishes.
Tolsma Seconded the Motion:
Motion Carried: All Yea:
Crookston: I have a request for an Executive Session pertaining to
a legal matter.
The Motion was made by Brewer and seconded by Tolsma that the Council
go into an Executive Session to consider_aome Legal Matters at 7:40 p.m.:
Motion Carried: All Yea;
,MERIDIAN CITY COUNCIL • •
OCTOBER 20, 19$7
PAGE # 3
Mayor Kingsford: For'the record the legal matters are pending litigation
against the City of Meridian.
The Meeting was called back to order at 8:07 p.m.:
Tolsma: What is happening on the Amyx problem at the creamery building?
Crookston: There is a hearing scheduled on November 6, 1987 on contempt
of Court .
Mayor Kingsford: I would commend the weeds department on their getting
things taken care of, I noticed the lot by me had been taken care of.
Myers: The property that belong to Mr. Hatch has also been taken care
of as far as the weeds go.
City Clerk: The weed problem is getting handled in Settlers Village.
Mayor Kingsford: I might mention for the press and for those present
tonite the open house for the New City Hall will be November 10,1987
from 1:00 to 6:00 p.m;, with the ribbon cutting scheduled at 1:30 p.m.:
Mayor Kingsford: There is one other item, the Counselor, Mr. Crookston,
has submitted for an increase in the hourly rate, the Council has had
that for about a two week period, do you wish to do anything on that
request?
Giesler: The Police Chief and I have not had the opportunity to get to-
gether on this, I would like. for the Counselor, you Mr. Mayor, myself and
the Police Chief to get together and go over a couple of items before
this is decided.
Mayor Kingsford: There is no problem tabling this until another meeting.
The Motion was made by Giesler and seconded by Tolsma to table this
request until the November 3, 1987 meeting:
Motion Carried: All Yea:
Being no further business to come before the Council the Motion was made
by Myers and seconded by Giesler to adjourn at 8:13 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
G T KINGSF , R
pc; Mayor & Council
P & Z Members, Atty, Eng. Fire
Police, Ward, Stuart, Mitich
Valley News, Statesman, Hallett
ACHD,ACC,CDH,NIMD, SI,Kiebert
5~~;4g
ORDINANCE NO./~~~
AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL
PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS LOTS 1 AND
2 IN BLOCK 8 OF NIDAY'S ADDITION TO MERIDIAN, ACCORDING TO THE
PLAT THEREOF, FILED IN BOOR 2 AT PAGE 75, RECORDS OF ADA COUNTY,
IDAHO AND ALSO KNOWN AS 1001 MERIDIAN STREET, MERIDIAN, IDAHO;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest
of said City to amend and change the zoning from (R-4)
Residential to (L-0) Limited Office, for the following described
land:
Lots 1 and 2 in Block 8 of Niday's Addition to Meridian,
according to the plat thereof, filed in Book 2 at page 75,
records of Ada County, Idaho.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the aforementioned real property which
is described as follows:
Lots 1 and 2 in Block 8 of Niday's Addition to Meridian,
according to the plat thereof, filed in Book 2 at page 75,
records of Ada County, Idaho,
AMBROSE,
FITZOERALD
&CROOKSTON
Attorneys end
Counselors
P.O. Box 427
Meridlen, Idaho
83842
Telephone 8884481
be, and the same is rezoned from (R-4) Residential to (L-0)
Limited Office, and Section 11-2-425, Official Zoning Maps are
hereby amended to reflect the same.
i ~
Section 2. This Ordinance shall be in full force and
effect from and after its passage and approval as required by
law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this day of d,b~~
, 1987.
APPROVED:
w
MA OR--GRANT R ORD
ATTEST:
i CIT CL R- JACR NIEMANN
TE OF ~ IDAHO, )
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 AMENDING AND CHANGING THE ZONING OF CERTAIN REAL
PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS LOTS 1 AND
2 IN BLOCR 8 OF NIDAY'S ADDITION TO MERIDIAN, ACCORDING TO THE
PLAT THEREOF, FILED IN BOOR 2 AT PAGE 75, RECORDS OF ADA COUNTY,
IDAHO, ALSO RNOWN AS 1001 MERIDIAN STREET, MERIDIAN, IDAHO; AND
PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. ~ ~~i , by
°-
C
the City
.~u~ it and Mayor of the City of Meridian, on hie o 1
~/
~
day of c11~-~-o~jr•~ , 1987, as the same appears in my
office.
S~
DATED thisa,
day of October, 1987.
AEI Dour<ty, IdehO ~ Clt Clerk, lty o Merl lan
.Roqu of Ada County, Idaho
AMBROSE,
PITZCiERALD
$ CROOKSTON •/~ ~.
~
DATE /Q -~3 -~'~
Attomeysend J0 {y BA3TfDA
Counselors RECORDS
P.O. Box 427
Z
~GZ~
8y
Meridlen, Idaho
83842
Tele
hon
8884481 ~,O Bp
p
e r
STATE OF IDAHO,)
ss.
County of Ada, )
On this day of October, 1987, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Jack Niemann, known to me to be the person whose name is
subscribed to the within and foregoing instrument, and
acknowledged that he 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.
°'~ ° 'i~(i(.(
s
SEAL + `~~ ~~ 0~~u' : No y Pub is for Idaho
a pO®~ ~® ~~' eR~,,e/ 'ding at Meridian, Idaho
= .~ ® ~ ~ .JL a ~r//~ ~03hWi$Sid4 ~aC iIPS (~
Jc° o ~ 7 /-9,~
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AMBROSE,
FITZOERALD
& CROOKSTON
Attomeysand
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 88&4481
.M
ORDINANCE NO./" "
AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT ORDINANCE
OF THE CITY OF MERIIDAN BY AMENDING SECTION 11-2-418 B 12. TO
DELETE THE 75~ SIGNATURE REQUIREMENT FOR CONDITIONAL USE
APPLICATION IN THE OLD TOWN DISTRICT; BY AMENDING SECTION
11-2-418 B TO ADD A NEW CONDITIONAL USE APPLICATION STATEMENT
REGARDING COVENANTS AND DEED RESTRICTIONS; BY AMENDING SECTION
11-2-418 E TO REQUIRE CONDITIONAL USE APPLICATIONS IN OLD TOWN TO
HAVE ONE PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION
AND THEN CONSIDERED BY THE CITY COUNCIL WITHOUT PUBLIC HEARING;
BY AMENDING SECTION 11-2-418 BY THE ADDITION OF A NEW SECTION
RELATING TO TRANSFER OF CONDITIONAL USE PERMITS; BY .AMENDING
SECTION 11°2-410 TO DELETE THE MAXIMUM LOT COVERAGE RESTRICTIONS
FOR ALL RESIDENTIAL ZONES AND TO DELETE THE FOOTNOTE TO SAID
SECTION PERTAINING TO GARAGE AREA; BY AMENDING SECTION 11-2-419 A
TO REMOVE RESTRICTIVE LANGUAGE FROM THE VARIANCE PROVISIONS
RELATING TO CONVENIENCE AND PROFIT; BY AMENDING 11-2-419 B TO ADD
A REQUIREMENT IN THE VARIANCE APPLICATION PERTAINING TO
CONVENIENCE AND PROFIT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Meridian Zoning and the Meridian
Subdivison and Development Ordinances were adopted in April,
1984, and since that time, after working with and administering
the Ordinances® needed changes have become apparent; and
WHEREAS, the Mayor and City Council have adopted
Findings of Fact and Conclusions pertaining to the proposed
amendments; and
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 said City to amend the Meridian Zoning Ordinances and
the Meridian Subdivision and Development Ordinance effective as
set forth hereinafter;
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys end
Counselors
P.O. Box 027
Me-Idlen, Idaho
83802
Telephone 8884481
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TAE
CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Section 11-2-418 B, CONTENTS OF
CONDITIONAL USE APPLICATION, be amended to change subsection 12
thereof to read as follows:
"12. A petition signed by three-fourths (3/4) or
seventy-five percent (75~) of all those persons owning
property within said three hundred (300) feet approving
of the Conditional Use, and a petition signed by one
hundred percent (1000 of all landowners within the
area being considered showing their approval of the
proposed Conditional Use; provided however, that for a
conditional use application for land in the OLD TOWN
District, the application does not need to include a
petition signed by 75~ of the owners owning land within
300 feet of the subject property."
Section 2. That Section 11-2-418 B. be amended to add
to that section a subsection 15, which would read as follows:
"15. A statement that the proposed use does or does not
violate any subdivision covenants or restricitons or
deed restrictions."
Section 3. That Section 11-2-418 E, PROCEDURE FOR
AMBROSE,
FITZOERALD
& CROOK3TON
Attorneys and
Counselors
P.O. Box 427
Meridlen, Idaho
83842
Telephone 888.4481
HEARING AND NOTICE, be amended to read as follows:
"E. Prior to approving a Conditonal Use Permit, the
applicant and the Commisssion and Council shall
follow notice and hearing procedures provided in
Section 2-416, Zoning Amendment Procedures, of this
Ordinance. Provided however, that Conditional Use
applications for land in OLD TOWN District shall only
be required to have one public hearing which shall be
held before the Planning and Zoning Commission and
after the recommendation of the Commission is made the
application shall go before the City Council without a
public hearing and the Council may approve, deny, or
modify the recommendation of the Commission."
Section 4. That Section 11-2-418 be amended by the
addition of a new subsection J which would read as follows:
"J. TRANSFERS:
a. OLD TOWN--Conditional Use Permits for land in
OLD TOWN may be transferred from old owners to new
owners or from old occupants to new occupants or
from like to like uses by petitioning the Zoning
Administrator for approval. The Zoning Administrator
may approve or deny the transfer or refer it to the
City Council for decision but no public hearing shall
be held. Appeals may be taken from the Zoning
Administrator to the Council.
b. NON-OLD TOWN--Conditional Use Permits for land in
any other district other than OLD TOWN may be
transferred from old owners to new owners or old
occupants to new occupants for the same use for which
the original conditional use was granted by petitioning
the City Council. The City Council shall hold a public
hearing on the petition after notice of said hearing
having been mailed by certified mail to all property
owners within the subject land and to all property
owners within 300 feet of the external boundaries of
the subject land."
Section 5. That Section 11-2-410, ZONING SCHEDULE OF
AMBROSE,
FITZGERALD
gCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884481
BULB AND COVERAGE CONTROLS, be amended to delete the maximum lot
coverage for all residential zones and to delete the footnote to
said section which allows garage area not to be included in the
computation for maximum lot coverage in residential zones.
Section 6.
as follows:
That Section 11-2-419 A be amended to read
"The Council may authorize in specific cases a variance
from the terms of this Ordinance or from the
Subdivision and Development Ordinances as will not be
contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of
this Ordinance would result in unnecessary hardship. No
non-conforming use of neighboring lands, structures or
buildings in the same district and no permitted or
non-conforming use of lands, structures or buildings in
other districts shall be considered grounds for
issuance of a variance. Variances shall be granted only
where strict application of the provisions of this
Ordinance would result in unnecessary hardship. A
variance application does not go to the Commission
unless directed by the Council."
Section 7. That Section 11-2-419 B, APPLICATION AND
STANDARDS FOR VARIANCES, be amended by the addition thereto of a
new subsection to be known as 23 which shall read as followsa
"23. A statement of how the granting of the variance
would convenience the applicant and how the
applicant would profit therefrom which statement
shall also represent whether profit and convenience
is the sole reason why the variance is requested."
Section 8. EFFECTIVE DATE.
WHEREAS, there is an emergency therefor, which
emergency is hereby declared to exist, this Ordinance shall take
effect and be in full force and effect from and after its
passage, approval and publication as required by law.
PASSED by the City Council and Approved by the Mayor of
AMBROSE,
FITZCiERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884481
the City of Meridian, Ada County, Idaho, this.~f1~~ day of
o ,ter' , 1987.
APPROVED:
MAYOR, GRANT P. RINGSFORD
ATTEST:
CITY] CLERR,/ JACK NIEMANN
STATE OF IDAHO
. ss.
AMBROSE,
FITZGERALD
lECROOKSTON
Attorneys artd
counselors
P.O. Box 427
Merldlen, Idaho
83842
Telephone 8884481
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 AMENDING THE ZONING AND DEVELOPMENT ORDINANCE
OF THE CITY OF MERIIDAN BY AMENDING SECTION 11-2-418 B 12. TO
DELETE THE 75~ SIGNATURE REQUIREMENT FOR CONDITIONAL USE
APPLICATION IN THE OLD TOWN DISTRICT; BY AMENDING SECTION
11-2-418 B TO ADD A NEW CONDITIONAL USE APPLICATION STATEMENT
REGARDING COVENANTS AND DEED RESTRICTIONS; BY AMENDING SECTION
11°2-418 E TO REQUIRE CONDITIONAL USE APPLICATIONS IN OLD TOWN TO
HAVE QNE PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION
AND WHEN CQNSIDERED BY THE CITY COUNCIL WITHOUT PUBLIC HEARING;
BY AMENDING SECTION 11-2-418 BY THE ADDITION OF A NEW SECTION
RELATIING TO TRANSFER OF CONDITIONAL USE PERMITS; BY AMENDING
SECTION 11-2-410 TO DELETE THE MAXIMUM LOT COVERAGE RESTRICTIONS
FOR ALL RESIDENTIAL ZONES AND TO DELETE THE FOOTNOTE TO SAID
SECTION PERTAINING TO GARAGE AREA; BY AMENDING SECTION 11-2-419 A
TO REMOVE RESTRICTIVE LANGUAGE FROM THE VARIANCE PROVISIONS
RELAT1IJG TO CONVENIENCE AND PROFIT; BY AMENDING 11-2-419 B TO ADD
A REQUIREMENT IN THE VARIANCE APPLICATION PERTAINING TO
CONVENIENCE AND PROFIT; AND PROVIDING AN EFFECTIVE DATE."
Passed as Ordinance No. D by the City Council and Mayor of the
City of Meridian, on th~~h day of ~ Ie--/ , 1987 as the same
appears in my office.
DATED this ~)S~ day of October, 1987.
City erk of the City of Meridian
Ada ounty, daho.
AMBROSE,
FITZOERALD
& CROOKSTON
Attomays and
Counseloro
P.O. Box 427
Meridian, Idaho
83842
Telephone 88&4481
STATE OF IDAHO )
ss.
County of Ada )
On this~f S~ day of October,
undersigned, a Notary Public in and
personally appeared JACR NIEMANN, known
person who subscribed his name to the
instrument, and acknowledged to me that he
1987, before me, the
for the said State,
to me to be the said
within and foregoing
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 r,y~. written.
~~
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a` ~~ ~~~0~~~~~~~ : Res ing at Meridian, Idaho
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