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1991 06-11 A G E N D A MERIDIAN PLANNING & ZONING JUNE 11, 1991 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MAY 14r 1991: (APPROVED) 1. PUBLIC HEARING: PRELIMINARY PLAT ON MERRYWOOD SUBDIVISION: LINDA ARNOLD PROPERTY: (APPROVED) 2. PUBLIC HEARING: ANNEXATION & ZONING REQUEST Q/PRELIMINARY PLAT BY HAZEL HOOPER & THE WESTPARK COMPANY: (APPROVED) 3. ROY JOHNSON, JOHNSON ENGINEERING: DISCUSSION ON PROPOSED DEVELOPMENT PROJECT: (DISCUSSION HELD) 4. PROPOSID AMENDMENTS Tn THE ZONING & DEVELOPMENT ORDINANCES: (APPROVED) MERIDIAN PLANNING & ZONING 1991 The Regular Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Tim Hepper, Jim Shearer, Charlie Rountree: Members Absent: Moe Alidjani: Others Present: Linda Arnold, Chuck Liehe, John Martinez, Tom Geile, J.J. Howard, Greg Johnson, Wayne Crookston, Roy Johnson, Ramon Yorgenson: MINUTES OF THE PREVIOUS MEETING HELF MAY 14, 1991: The Motion was made by Rountree and seconded by Shearer to approve the Minutes of the previous meeting held May 14, 1991 as written: Motion Carried: All Yea: #1: PUBLIC HEARING: PRELIMINARY PLAT ON MERRYWOOD SUBDIVISION: LINDA ARNOLD PROPERTY: Johnson: I will now open the Public Hearing, is there someone from the public who would like to come forward and testify? John Matzinger, Consulting Engineer with Toothman-0rton Engineering, 1802 N. 33rd, was sworn in by the attorney. Matzinger: We have received the comments from staff. At this point and time we project approximately 173 lots over about a 50 acre parcel. About five or ten acres of the property will end up in common space, it will end up as a berm. We have relocated the entrance somewhat along West Pine. We've tried to hold the lots at 6500 sq. ft. or better. Johnson: Is that your minimum lot size? Matzinger: That's about mid average. Rountree: Clerk Niemann what is the minimum lot size? Niemann: Six thousand. Hepper: What's your designation for building sizes on the lots? Matzinger: We will use the Meridian Standard. Hepper: Meridian has got two different standards, one is either 1300 and above or the other one is mixed square footage on a percentage. Matzinger: We were looking at percentage wise. Are we required to use one or the other? Johnson: You have to fit within one or the other. MERIDIAN PLANNING & ZONING JUNE 11, 1991 PAGE #2 Matzinger: I think we are fitting within the mixed one. Hepper: Did you see the comments from the City Engineer? Matzinger: Yes, we have been working closely with the City Engineer. Hepper: The Fire Department and emergency services on your phase over there where it only has one access, they don't have a problem with that? Matzinger: I don't think so, we haven't had any negative comments. We have been working with ACRD, they rejected us but that was because we were over 100 lots. They have a new requirement for a traffic study on any si:bdivision over 100 lots. W` have onvim5 them that the first phase being only 50 lots will have a minimal impact and we agreed to provide the traffic study prior to commencing future phases. Johnson: Have you worked out something with the developer for the street lights? Matzinger: We still have to do that. Johnson: With respect with the comment made by the school district, did you discuss that at all with the developer? Matzinger: My interpretation is that they are all in favor of the building, but they would like some money to help them with a school site. Matzinger: We are really not prepared to comment on the full impact of it, but practically speaking when we do these things, we do homes, homes have families and they do go to school, somehow that need has to be met. Rountree: I have a question concerning the berm on the back portion of the parcel, it shows that there is an easement for a berm, is that going to be constructed as part of the development? Matzinger: We've had some design problems and some practical problems with that. One of the things that we've leared is that berms & greenway work good along front lots or on lots that are long thorough-fairs, it serves two purposes. One you usually generate some excavation and it's a good place to get rid of your excavation. Two it provides a buffer between the traffic noise and three it's in an area where we can put money into it, it pays back dividends to the City as well as the developer. It provides nice back yards. The negative side about putting burros on the side and back yard lot lines is, well at least one of the thoughts here was the perception that there would be a walkway back there. We found in those walkway situations that people generally don't like folks walking in their back yards. We've gone to the point of fencing them and we've ended up with situations where we've had two parellel fences. Explained further. (Tape on File) Rountree: Is it going to be up to the homeowners or are you going to do it? Matzinger: We will do some. MEF.IDIAN PLANNING & ZONING JUNE 11, 1991 PAGE #3 Matzinger: The perimeter fence will be a homeowner construction item. We intend to control the size, shape and texture and uniformity through the covenants. Johnson: Anyone else to testify? Chuck Liehe, 911 Meridian Street, was sworn by the attorney. Liehe: I am here to speak on behalf of the School Administration. I want to emphasize two points, first of all you all are aware of the problems the Meridian School District is having. What we would like to see is large developers set aside for an elementary school or a secondary school. The second item is that we would like to see a development fee or impact fee or whatever it might be called inforced so that the cost for school facilities would be shared with the people putting in the new homes. We request your cooperation in working towards these goals. Crookston: Has the School District done some forcasting as to where they would like some future school sites? Liehe; yes. Crookston: Is there one in this area? Liehe T don't know where they are. We do not come before you to oppose growth. Hepper: Tf the developer did set aside some property, is there any insurance that the school district would buy this property? Liehe= I think to long of a range might be dangerous. A three to five year plan we can be pretty acurate. Discussion. (Tape on File) Johnson: Anyone else to testify? Hearing no response I will close the Public Hearing at this time. The Motion was made by Rountree and seconded by Shearer to approve the preliminary plat on Merrywood Subdivision. Motion Carried: All Yea: #2: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMTNARY PLAT BY HAZEL HOOPER & THE WESTPARK COMPANY: Johnson: I will nowopen the Public Hearing, is there someone from the public who would like to testify? Jim Howard, J.J. Howard Engineering, 2626 N. 32nd, was sworn by the attorney. MERIDIAN PLANNING & ZONING JUNE 11, 1991 PAGE #4 Howard: The developer Mr. Johnson is here tonight also. The minimum lot size is around 7,000 and probably an average is eight to nine thousand sq. ft.. ACRD has reviewed this. It will be similar to Gem Park directly south. There is a berm that is going to be utilized for the pressure irrigation system that fronts Locust Grove. That will be maintained by the homeowners. Rountree: You've got some lots here in the culdesac with pretty narrow frontage, are you going to be able to meet the set back requirements? Howard: The designer has listed the setbacks at 20 ft. from the right of way or thelot line. Rountree: Have you seen the comments from the City Engineer? Howard: Yes, we don't have a problem with any of those. Johnson: Anyone else to testify? Chuck Liehe, 600 N. Edgewood Lane, was sworn by the attorney. Liehe: I have the same comments as before. Johnson: Anyone else from the public like to come forward and testify? Greg Johnson, 5137 N. Leather Place, Boise, was sworn by the attorney. Johnson: Gem Park II will have sidewalks to assist children in getting to school. In my opinion new housing doesn't impact schools any more than existing housing. I would hate to see an impact fee levied that would impact new homeowners of a new home and in affect give a windfall profit to an existing homeowner. I think the costs of our schools should be borne equally by all. Chairman Johnson: Would you elaborate on your comment about new housing not impacting schools anymore than existing housing, yet you have to admit that if you put new houses in it does create new problems for the schools. Johnson:The increase in population does impact us from the standpoint of having to build new schools. I feel that a grade school is a big plus to a family orientated subdivision. I would like to work with the School. There will be no fencing on the berm. Chairman Johnson: Anyone else to testify? Hearing none I will close the public hearing. The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Absent. Motion Carried: All Yea: MERIDIAN PLANNING & ZONING JUNE 11, 1991 PAGE #5 The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zone the property R-8 Residential, subject to the conditions stated herein, but. recommend that development be restricted to single family dwellings and that such restriction be evidenced by the covenants and restrictions for the proposed subdivision which must be submitted to the City Council. Motion Carried: All Yea: The Motion was made by Hepper and seconded by Rountree to approve the preliminary plat. Motion Carried: All Yea: #3: ROY JOHNSON, JOHNSON ENGINEERING: DISCUSSION ON PROPOSED DEVELOPMENT PROJECT: Roy Johnson, 9390 Ustick Rd., Boise. I'm here with Mr. Yorgeson and we have a project that we are proposing. Explained to the Commission the location of this proposal. What we are proposing to do is an R-8 zone with lots that would have a minimum of approximately 6600 sq. ft.. They would average around 68 to 6900 sq. ft.. In talking with the Clerk I understand that we have to have a Comp. Plan Amendment. The size of the project in our opinion makes it work well for a residential area. There is approximately 370 lots. Discussion held on access and zoning. Aren't we allowed with a Conditional Use Permit to do residential in an industrial zone? Crookston: No. Johnson: Under PUD? Crookston: I don't believe a residential PUD is allowed in industrial. DISCUSSION: Chairman Johnson: I really think that you would have problems with getting Council's approval on this. You can also go beore the Council just like you did with us tonight to get their input. #4: PROPOSED AMENDMENTS TO THE ZONING AND DEVELOPMENT ORDINANCES: Crookston: Attorney went over each item of the proposed amendments and advised Commission of the changes. It was agreed upon to. add the definition of an open fence. Also to correct page 90 A-424 A2 Diagram of a Fence & changing wording of 11-9-606 B-14. (TAPE ON FILE) The Motion was made by Rountree and seconded by Hepper to proceed with the proposed amendments as changed and proceed with Public Hearing. Motion Carried: All Yea: ., MERIDIAN PLANNING & ZONING JUNE 11, 1991 PAGE #6 The Motion was made by Shearer and seconded by Rountree to adjourn at 9:40 P.M.: Motion Carried: All Yea: APPROVED: ~'~~_'_" J OHI~ ON, CHAIRMAN ATTEST: ', Mayor & Council, P & Z Members, Atty, Bldg., Eng., Police, ACRD, NMID, CDH, Settlers Stuart, Fire, Ward, Hallett, .' BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION HAZEL HOOPER and WEST PARK CO., INC. ANNEXATION AND ZONING APPLICATION MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 11, 1991, at the hour of 7:30 o'clock p.m, on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testirnony and the applicant. having appeared and the Commission having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and AMBROSE, F1T2G ERALO BCROOKBTON Attorneys end Counselors P.O. Boa l~] Marltlian, IBNo &1812 TelePNOne BBB-~~81 zoning was published for two {2) consecutive weeks prior to the said public hearing schedule for June 11, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 11, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 AMBROBE, FITZGERALD B CROOKSTON Allorneya anE Counaelore P.O. Box x17 MariClan, Kano eaaez Telapnona 88&~~Bt 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 10 acres in size; that it is a rectangular parcel of land with regular boundaries; it is adjacent to and on the east side of Locust Grove Road and it has frontage thereon; the property is north of Chateau Drive; the property is entirely surrounded by land already in the City limits. 3. That the property is presently zoned by the county; the proposed use would be for single family residential development; the applicant proposes to have the property zoned as R-8 residential, but only single family dwellings would be constructed thereon. 4. The general area surrounding the property is used as farm ground and residences and is in the City limits. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant, Hazel Hooper, is the owner of the property. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. The parcel is included in the area designated by the Comprehensive Plan as the North Curve Neighborhood. PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 9. That the Application requests that the parcel be annexed and zoned as set forth in paragraph 3 above and the Applicant proposes to develop the property in the fashion allowed in the requested zone, except that there shalt be no duplex or multi family dwellings; that the Applicant did present a development plan and preliminary plat. 10. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 11. That the property can be serviced with City water and sewer at this time and such are available. If annexed, upon development, the parcel would have to be connected to City sewer and water pursuant to the Ordinances of the City at the expense of the Applicant. 12. The City Engineer submitted submitted comments and they are incorporated herein as if set forth in full. 13. That the Ada County Highway District, Central District Health Department and Nampa-Meridian Irrigation District may submit comments and such will be incorporated herein as if set forth in full herein. 14. That the R-4 Low Density Residential District is AMBROSE, PIT2GERALD B CROOKSTON Attorneys and Counselors P.O. Boe 19 MerlElan, Itleho B3UY relaPnona eee-aei described in the Zoning Ordinance, 11-2-408 B. 1. as follows: (R-4) Low Density Residential District: The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 intrusion of incompatible non-residential uses. The R- 4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 15. That the (R-8) Medium Density Residential District is described in the Zoning Ordinance, 11-2-408 B. 2. as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwellings per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer of the City of Meridian is required. 16. That the predominant residential land use in the area is single family dwellings. 17. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 18. That if there is testimony at the hearing objecting to the Application these findings of fact may have to be amended. CONCLUSIONS OF LAW AMBROSE, FIT2GERALD &OROO KSTON Attorneys ena Counaelore R.o. Box ezT Mena~An, leano eaeKz Telephone BBB-e~81 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 AMBROSE, FITZGERALD SCROOKSTON Attorneys antl Counaeloro P.O. Boa a2T Maritllan, ItlaNo aveaz Telaonone 88R-H8t 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and pursuant to 11-2-417 of the Revised and Complied Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application by the standards contained in Section 50-222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been compiled with. 5. That the Commission may take judicial notice of government ordinances, policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation and the land is surrounded by land already annexed. 7. That the annexation application has been initiated by the Applicant and the owners, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function the City has authority to place conditions upon the annexation of land pursuant to 67-6512, Idaho Code, and PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 AM BROSE, FITZG ERALD ACROOKSTON Attorneys end C.OUnl010r6 P.G. BOY {t] MetlElen, IEano ess{z TelePnone BB&{J81 Section 11-2-418 D of the City Zoning Ordinances. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicants, at their own cost, will be required to connect to Meridian water and sewer upon development; that the property will be subject to the requirements of the Ada County Highway District, and the requirements of the Central District Health Department, the Nampa and Meridian Irrigation District, and the comments of the City Engineer. 10. That since the Applicant's property is in the North Curve Neighborhood as designated in the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That it is concluded that the annexation and zoning would be in the best interests of the City of Meridian. 12. Therefore, based on the Application, these Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian, it is preliminarily concluded that the annexation of the Applicant's property is reasonable and is in the best interests of the City of Meridian and that Applicant's property should be annexed and zoned; that the conditions should be those stated above and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts Commissioner Hepper Commissioner Rountree Commissioner Shearer Commissioner Alidjani Commissioner Johnson (Tie Breaker) DECISION AND RECOMMENDATION Voted Votedi~ ~~f`- Voted ,; Voted; `rcx~ --~--- Voted The Meridian Planning and Zoning Commission hereby recommends AMBROSE, FIT2GERAED B CROOKSTON Atmrnoye and Counsalora P.O. Boz IYT Meritlien, itlaeo Baez TelapKOne 888-0181 and approves these Findings of Fact and Conclusions. ROLL CALL: to the City Council of the City of Meridian that they approve the annexation and zone the property R-8 Residential, subject to the conditions stated herein, but recommend that development be restricted to single family dwellings and that such restriction be evidenced by the covenants and restrictions for the proposed subdivision which must be submitted to the City Council. MOTION: APPROVED: ~~~-"~' J DISAPPROVED: -tr- PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 1991 PETITION TO AMEND THE ZONING ORDINANCE AND THE SUBDIVISION AND DEVELOPMENT ORDINANCE 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 Subdivision and Development Ordinances of the City of Meridian: to-wit ZONING ORDINANCE 1. To amend 11-2-401 C., Jurisdiction, deleting the last phrase in the paragraph which reads, "Commonly referred to as the Area of Impact", and replacing it with the following language, '"Under th.e Area of Impact agreements between the City and Ada County". 2. -Amending 11-?_-402 A., Intent and Purpose, by deleting the last three words in the first sentence of the paragraph which read, "and impact zone", and replacing them with the following language, ".and land over which the City has jurisdiction under the Area of Impact Agreements between the City and Ada County". 3. Amending i1-2-403 B., Definitions as follows for the following words, to wit: Applicant, by adding to the definition, "Applicant also ., includes any person submitting a request for rezone, conc#;tional use, accessory use, annexation, or request to be allowed to make any application authorized under this ordinance". Applications, to substitute a comma in the third line of the definition after the word plats for the period that presently exists there. Automobile Wrecking Yard, to replace the sixty (60) day requirement with thirty (30) days. Building, existing, adding to the definition the following language at the end, "as of the effective date of this ordinance's initial adoption on April 2, 1984. Cemetery, deleting the fourth word in the second line of the definition, which is, "cemetery", and substituting the word "internment". AMBROSE, FITZGERALD dCROOKSTON Allomep and Counaalora V.O. Boz 12] MarMlan, IOMo 83612 Talaplwna 6661161 Certificate of Occupancy, in the third line changing the 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 1 language which now reads as follows, "has been changed, the purpose for which the building was constructed or was changed is being", to the following language, "has been changed, the purpose for which the building was constructed or changed is capable of being." Clinic (Medical, Dental, Optical), changing the definition to read as follows, "A building (other than a hospital) used by one (1) or more health care practitioners for the purpose of care, diagnosis or- treatment of sick, ailing, infirm, or injured patients, or those who are in need of medical and surgical attention, but which building does not provide board, room or regular- hospital care and services." Commercial Use or Business, changing the definition to read as follows, "The purchase, sale or• other transaction involving the handling or disposition of any article, substance or• commodity, or the dispensing of services for livelihood or profit; ownership or management. of office buildings, offices for recreational, entertainment or amusement enterprises or• the maintenance and use of offices by professions and trades rendering services is included in this definition." Convalescent or Nursing Home, Rest Home, changing the definition to read as follows, "Any home, place or institution which operates or maintains facilities providing convalescent, or chronic care, or both, for a period in excess of twenty-four (24) consecutive hours for two (2) or more patients not related by blood or marriage to the operator, and said patients, who by reason of illness or infirmity, are unable to properly care for themselves. Court, deleting from the definition, "located above grade level". Dairy farm, delete the last clause of the definition which reads as follows, "and where the milking area is subject to the approval df the Idaho State Department of Health. District or Zone, in the third line of the definition delete the sentence that reads as follows, "The letter (A) shall represent the Agricultural District". AMBROSE, FITZGERALD 6 CROOKSTON Allorneys ana Couneabro P.O. Box.27 MstlEbn, land eae.x Tel.Plane BB&4Et Entertainment Facilities (Commercial), changing the definition to read as follows, "Any structure housing any "for profit" activity, which is generally related to the entertainment field, such as motion picture theaters, taverns, night clubs, cocktail lounges, bowling allies, and similar entertainment activities." 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 2 AMBROBE, FIT2GERglO BCROOKSTON A1lomers end Counselors P.O. Bow ~2T McHUIen, IUMo aae~z Tsleplrona BBB~N81 Lot, Flag lot, adding this definition between Lot, Double Frontage and Lot, frontage, and the definition to read as follows, "A lot in the shape of a flag on a pole or similar design". A flag lot shall have a minimum frontage of thirty (30)',feet and a house place on a flag lot shall have the hous2 facing the street frontage. Highway, deleting the definition presently stated and inserting the following definition, "means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular traffic, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms, and rights-of- way not intended for motorized traffic. The term 'street' is interchangeable with highway." Impact Area, deleting from the definition the last sentence,which reads as follows, "that area shall be governed by the ordinances of the City of Meridian pertaining to zoning and development". Loading and Unloading Space, Off Street, chranging the "and" in the second to the last word of the definition to "or". Manufacturing, Heavy, in the third line adding a comma after the word "character", Manufacturing, Light, in the fourth line of said definition deleting the semi-colon between the two words "structures", and "and", and inserting a comma. Mobile Home, deleting the sentence "Amended Ordinance 207". Original Parcel of Land, adding at the end of the definition the following, ", April 2, 1984". Ownership, changing the definition to read as follows, "The individual, firm, association, syndicate, partnership or corporation who is the owner of property". Parking Area or Lot (Public), in the third line changing the "and" between automobiles and commercial, to "or". Professional Offices, deleting the definition and substituting the following, "str•uctur•es where those engaged in a profession conduct their business and activity". Seat, adding to the definition the insertion of the following sentence right after seat, "the place at, or 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 3 the thing on, which one sits" Walkway, deleting from the definition the following language, "five (5) feet or more in width". 4. -Amending 11-2-404 C., Commission-Planning and Zoning Commission, such that it reads as follows: "The Commiss-ion shall consist of five (5) voting members. They shall be appointed by the mayor and confirmed by majority vote of the council for terms of six (6) years. An appointed member of the commission must have resided in the county for five (5) years and in the city for one (1) year prior to his appointment, and must remain a resident of the city during his service on the commission. Except that at least one (1) but not rnor-e than two (2) members may be appointed from residents of the City Impact Area, outside the corporate limits. Such members shall have similar residence requirements as those within the City, except that they need not have resided in the City for one (i) year. Members of the Commission shall be selected without respect to political affiliations and shall serve .without compensation. Members may be removed for cause by a majority vote of the council." And additionally 11-2-404 C, COMMISSION, 2., by the addition thereto of the following at the end of the present paragraph: "Pursuant to Section 67-6520, Idaho Code, the Commission may appoint hearing examiners for Fearing applications for subdivision and variance permits, and requests for zoning district boundary changes which are in accordance with the plan, and conduct all business in accordance with Idaho Code, Section 67-6520". 5. Amending 11-2-404 U., Council, 1., Duties, by the addition thereto of the following: "c. Pursuant to Section 67-6520, Idaho Code, the council may ., appoint hearing examiners for hea ng applications for subd`i:.vision and variance permits, and requests for zoning district boundary changes which are in accordance with the plan, and conduct all business in accordance with Idaho Code, Section 67-6520". "d. The council shall perform such other duties as set forth herein". AMBROBE, FITZG ERALD BCRO0x5TON Atlwnaye entl Couneeloro P.O. Bo. ~1T MerItlIN,MNo ~z TslpMne BBBJ~S1 6. 11-2-405 C., Use and Bulk Regulations, 1. at the end of the paragraph 1., the term "conditional use" shall be replaced with "variance". 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 4 AM BROSE, FITZGERALO 6OROOKSTON Allornays end Coonealon P.G. Bow 177 Marldim, Idaho e3ax TelaD~one BBB~MB1 7. 11-2-405 C. 2., Bulk, the phrase "conditional use" at ,the end of the section shall be replaced with "variance". 8.; 11-2-406 B., Avoidance of Undue Hardship, in the fourth line ttie language "or• amendment" should be deleted and after the word ordinance there should be placed a comma and the date April 2, 1984. 9. 11-2-406 C., in the fourth line the language "or amendment" should be deleted and after the word ordinance there should be placed a comma and the date April 2, 1984. 10, ii-2-407 B. 2, d., should be amended to read as follows, "to have narrower or smaller rear yards, front yards, side yards, or other open spaces; and". llr~ll-2-407 C., Official Schedule of District Regulations ,4dopted.,'~ second paragraph in the second line the word "'agricu'lt'ural" should be deleted. 12, `11-2-408 8., Zoning Districts 1., R-4 should be amended to add the following language "Only Single Family Dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools". 13. i1-2-409, Zoning Schedule Of Use Control, should be amended to show that in the R-4 Residential District only single family dwellings, planned residential developments and public schools shall be allowed in that district; that the Residential, Commercial, and Industrial listings should be amended to reflect the above and that no conditional uses shall be allowed for other uses. 14. 11-2-409, Commercial-Churches, should be amended so that they are a permitted use in the Old Town District. Child Care Centers should be a conditional use in the C-G Zone. Under Bars, Alcoholic Establishments, they should be a conditional use in the Old Town Zone. 15. 11-2-409, Zoning Schedule Of Use Control, C., Industrial, should be amended to remove from the "Fabricated Metal Products (Except Major Welding and Foundry Operations" the "Major Welding". 16. 11-2-410 A., Zoning Schedule of Bulk and Coverage Controls, the A District and its associated requirements should be deleted, and the I under Districts should be changed to I-!. Also, an asterisk (*) should be added under R-15, Minimum Yard Setback Requirements from road right-of-way interior side so that 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 5 the street frontage is determined on the cul-de-sac lots at the setback line, and a footnote (7) should be added stating that "On corner lots in Residential Districts, the rear set back may be determined on a side of the structure, at the option of the builder", and a (7) shall be added under Minimum Yard Set Back Requirements under Rear Set Back in the R-4, R-8, R-15 and R-40 Districts; and the phrase "from Road Right-of-Way" shall be deleted from "Minimum Yard Setback Requirement from Road Right- of-Way". 17. 11-2-410 B. 4., Architectural Projections, should have the word "chimney" added after the words "covered patios" and before the word "and". 18. 11-2-410 D. 1. 8. (4), should be changed to read as follows, "The use shalt be considered as a Commercial Use". 19, 11-2-410 D. 1. h. (5), shall be changed to read as follows, "Pay the fee of $80.00". 20. 11-2-410 D. 1. b (7), should be changed to read as follows: "If there are no objections filed within the time for filing the same the zoning administrators may grant the request". 21. 11-2-413 C. 1., should be repealed. 22. 11-2-413 C 11., should be repealed. AMBROSE, FITIGERALD 6 CROOKSTON 23. 11-2-414 D, Design Standards For Off Street Parking, should have an additional subsection added to it, a 3., which would state as follows: "3. Drainage: A drainage plan designed by an architect or an engineer shall be submitted and required for all off street parking areas and shall be approved by the ', City Engineer." Also, in that section 11-2-414 D. some requirement for parking space requirements for schools should be added, and review the number of parking spaces required for a nur•ser•y and day care centers relating to the number of children and staff. 24. 11-2-416 B, Initiation of Zoning Amendments, last paragraph shall have the following deleted, "When a zoning amendment and development request are issued simultaneously, the procedure.that shall be followed shall be that which is outlined fn Sectib~i;4, Title 9, Chapter 6, of the City Ordinances entitled Subdivision .Approval Procedure". 25. 11-2-416 C 17, should be repealed. Albrneye mC CeunNlon P.O. Bot 137 MNEIen, IAMo e9e12 Ts1eP~one BBBJ181 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 6 2b. 11-2-416 E, Procedures, 1 follows: should be amended to read as "The applicant shall provide the City Clerk with the names and addresses of property owners within 300 feet of the external boundaries of the land being considered, and any additional area that may be impacted by the said application, as determined by the commission and fifteen (15) days prior to the hearing set pursuant to 11-2-416 E 2 b, post a copy of said notice on the property under consideration and deliver to the zoning administrator- a notarized statement that he has posted the property and the date the posting was placed." 27. 11-2-416 E. 2, shall be amended as follows: "The commission shall: a. Give notice of the hearing, at least fifteen (15) days prior to the hearing, by certified mail to property owners within the land being considered and to owners within three hundred (300) feet of the external boundaries of the land being considered and any additional area that may be impacted by said application as determined by the Commission, Said notice by certified mail must be deposited with the United States Post Office at least fifteen (15) days prior to the hearing. Said notice shall contain a vicinity map of the property, a brief statement of the nature of the application, the name and address of the applicant. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mail notification, notice of the proceeding and hearing required hereby may be given by publishing the notice for two (2) consecutive weeks in the official newspaper of the City of Meridian provided that the second notice appears ten (10) days prior to the public hearing. AMBROBE, FIT2G ERALD B CROOKBTON Arraneya sntl Couneelore P.O. Box 177 Meritllen, IMIa 83812 Talsplwne BBBJ181 b. Prior to recommending an application, conduct at least one {,~.) public hearing in which interested persons shall have ari opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the application to be discussed shall be published in the official newspaper or paper of general circulation within the City of Meridian. c. Within forty-five (45) days from the hearing, transmit its recommendation to the Council with supportive reasons. The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 7 information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. Ttre Commission shall insure that any approval or• approval with conditions of an application shall be in accordance with the Comprehensive Plan, this Ordinance and State law. d. Maintain a record of the hearing, findings made and actions taken. 28. i1-2-416 F. 1., should be amended such that it reads as follows: "Hearing: The Council shall conduct at least one (1) public hearing following the notice and requirements contained in 11-2- 416 E.2., and the Council having given notice as required by 11- 2-416 E.7_.a. by ordinary first call mail. 29. 11-2-411, needs to be amended by deleting from the second paragraph of that section the following language, "And a statement of the owner granting to the City a lien against the property to secure the payment of all costs incurred by the City, including engineering, publication and attorney costs and fees. 30. 11-2-418 6., needs to be amended by the deletion in the second sentence of the phrase "or lessee". 31.4 11-2-418 B. 12, 14, 15 and 18 need to be repealed. 32:" 11-2-419 B. 22, needs to be repealed. 33. 11-2-422 A. should be deleted and a new section 11-2- 422 A. should be adopted which should read as follows: "11-2-422 A. A Petitioner or applicant for any of the zoning or planning matters in this Title shall pay the fees established by the City Council, by resolution. No petition or application, except as except as hereafter provided, shall be accepted by the City unless accompanied by the required filing fee." AMBROSE, F1T2GERALD 6 CROOKSTON Anomeye antl Counselors P.O. Bow K2] Merltlbn, Itleno &7leR Teleenone 9le~K~Et 34. 11-2-422 E, needs to be amended by the deletion of everything in the section, except the following language: "If all fees are not paid, the City may revoke any zoning permit, conditional use permit, accessory use permit, variance, occupancy permit, zoning certificate initially given the applicant, and in the case of an annexation procedure, the City may de-annex said property." 1991 PETITION TO AMEND THE ZONING AND UEVEIOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 8 nMBROSE, FITZGERRLD BOROOKSTON 35. 11-2-424 A. 2., on the Fence Designations, the drawings should show the dimensions around a water meter and/or fire hydrant to be 4' x 4'. SUBDIVISION AND DEVELOPMENT ORDINANCE 36. 11-9-604 C. 4. c. should be deleted and d. should be re-lettered to c. 37. 11-9-604 C. 5. a., b. and c, should be amended to delete the "twenty-seven (27)" copies and insert "thirty (30)" copies. 38. 11-9-604 C. 5. d. should be amended to delete the seven (7) sets of conceptual engineering plans to four (4) conceptual engineering plans and the City Engineer shall make the determination as to the drawings conformance to the proposed improvements to applicable regulations, ordinances and standards. 39. 11-9-604 C. 6., Requirements of Preliminary Plats, m., should be amended to read as follows: "Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants, street lights, and their respective profiles". 40. 11-9-604 H. 1. a should be amended to delete twenty- seven (27) and insert thirty (30). 41. 11-9-605 B. 3. a, should be amended to add to that portion of the Highway and Street Types under Major Arterial "Section Line Roads" so that they are required to have 80 feet of right-of-way. 42. 11-9-605 I., second paragraph, first sentence, should be amended to delete "Commission" and insert "Council". 43. 11-9-605 J. Fences, needs to be amended to add a new subsection which shall be lettered k, and which shall read as follows: fence ,on topOofJa berm shall sdhowltherbermeandlr9heofencetoncthe preliminary plat and shall include with the preliminary plat the design, placement, heights, specifications and drawing of said fence." ' Rllorneya ana Counselors P.O. Box e2T Menaien,iasno epees Telepnwie~Nt 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 9 44. 11-9-605 J. should have a new par•agr•aph numbered 11-9- 605 J. 8. which would read as follows: "11-9-605 J. 8. Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, heights, specifications, and drawing of said fence." 45. 11-9-605 J. 10. a. 12 should be deleted. AMBROSE, FITZG ERALD BCROOKSTON AROrnsys AnE Coun.slors P.O. Bow .ZT MsrlEbn, IEMo au~z Talptgne BBB-'N1 46. A new section 11-9-605 M., should be added relating to Piping Of Ditches, which would read as follows: "M. Tiling of irrigation ditches, laterals or canals. Al) irriyation ditches, lateral or canals, exclusive of natural waterways, intersecting, crossing or• lying adjacent and contiguous to an area being subdivided shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal, or any part of said lands or areas being subdivided touch either or• both sides of said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior- approval of that affected district. No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any irrigation ditch, lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise naturally include. 47. 11-9-606 A., Responsibility For Plans, should be amended such that the existing paragraph is designated as paragraph 1. and a new paragraph added designated as 2. which should read as follows: "It shall be the responsibility and liability of the subdivider and owner of every subdivision to construct and install every improvement shown on the plat of the subdivision or represented to be included in the subdivision at any presentation before the Planning and Zoning Commission or the City Council and this responsibility and liability shall run with the land and this responsibility and liability shall be shown on the plat of the subdivision." 48. 11-9-606.6. 13 should be amended to add a new paragraph number 13. c., which shall read as follows, "c. Every subdivider shall show on his development plan where each street light is to 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 10 be placed in the subdivision". 49. 11-9-606 B 14 should be amended by the addition of the following language at the end of the existing paragraph: "Also, the above requirement may be waived if the subdivider either 1) deeds to the City land for a well, drills the well and places the well on line with the City water system, including the necessary pumps, piping, values, pressure equipment, and all other equipment necessary, and which well depth and capacity are determined by the City; or 2) the subdivider deposits, gives and grants sufficient funds with the City to purchase land, construct and drill a well, and purchase all necessary equipment to put the well on line with the City water system. In many subdivisions the latter option may be preferable to the City so that the City may combine funds to drill anti equip one large well to service several subdivisions, rather- than have several smaller wells of less capacity. 50. 11-9-615 A. 1. should be deleted and a new section 11- 9-615 A. 1, should be adopted which should read as follows: "11-9-615 A. 1. A Petitioner or applicant for any of the subdivision or application matters in this Title shall pay the fees established by the City Council, by resolution. No petition or application, except as except as hereafter provided, shall be accepted by the City unless accompanied by the required filing fee. 51. 11-9-611 A.3., there should be a drawing added showing the sight triangles for fences. DATED this day of 1991. ~TFT-,TtSFTtf~~r7; -~FTRI'IFfJfAifvt~CARFt1'N'~-~CA-6---- ZONING COMMISSION AMBROSE, FIT2GE BALD d CROOKSTON Albrneys m0 Couneebre v.o. eo. ezr MetlElen, r0erlo axes Talsplrona BBB-~Ml 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 11