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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,~ ~~t~~ ~, ® o~~~~l1~~00~~~~, 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. ~~ e0 ~ ®~~~~ ~ ®'° Not Public for Idaho (SEAL ) ~>~~~~ °a~o"~~'~~ a` ~~ ~~~0~~~~~~~ : Res ing at Meridian, Idaho b' `'~ ~' d_ ~. 0 ~~ ~d'`tn'? ras`~ o i o, ~.~%g~~~E~B~~~ a ~+i ~ eee °Jeeeeeeeoee~ea