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1991 05-14.` • • A G E N D A MERIDIAN PLANNING & ZONING MAY 19, 1991 ITEM: MINUTES OF THE PREVIOUS MEETING HELD APRIL 9, 1991:(APPROVED) 1: FINDINGS OF FACT & CONCLUSIONS ON REZONE REQUEST BY SHOEMAKER: (DENIED) 2: FINDINGS OF FACT & CONCLUSIONS ON CONDITIONAL USE PERMIT REQUEST BY UNITED METHODIST CHURCH: (APPROVED) 3: PUBLIC HEARING: PRELIMINARY PLAT ON DEERFIELD MANOR SUB: (RECOMMENDED APPROVAL) 4. DISCUSSION ON PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: 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: Charlie Rountree, Jim Shearer, Tim Hepper: Others Present: Isabel Bernard, Fern Thomas, Cecil Cherry, Gary Weeks, Pat Davidson, Wayne Crookston, Jack Riddlemoser, Pat Tealy, Paul Pherigo, John Lowe: MINUTES OF THE PREVIOUS MEETING HELD APRIL 9, 1991: The Motion was made by Rountree and seconded by Shearer to approve the Minutes of the previous Meeting held April 9, 1991 as written: Motion Carried: All Yea: ITEM #1: FINDINGS OF FACT & CONCLUSIONS ON REZONE REQUEST BY SHOEMAKER: Crookston: I am stepping down due to a conflict of interest. Mr. Jack Riddlemoser will be representing the City. The Motion was made by Hepper and seconded by Rountree to approve the Findings of Facts and Conclusions of Law as written: Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Absent: Motion Carried: All Yea: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning & Zoning Commission hereby recotrnnends to the City Council of the City of Meridian that they deny the request for rezone requested by the applicant for the property described in the application in accordance with the Findings of Fact and Conclusions of Law set forth herein. Motion Carried: All Yea: ITEM #2: FINDING OF FACT & CONCLUSIONS ON CONDITIONAL USE PERMIT REQUEST BY UNITED METHODIST CHURCH: Crookston: Stepped back as City Attorney. The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approved these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Absent: Motion Carried: All Yea: MERIDIAN P & Z MAY 14, 1991 PAGE #2 The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Coc~¢nission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, including resolution of parking problem, particularly on Sundays, and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian; that is the parking is not resolved the conditional use permit should be subject to revocation. Motion Carried: All Yea: Commissioner Alidjani arrives at 7:40 P.M.: ITEM #3: PUBLIC HEARING: PRELIMINARY PLAT ON DEERFIELD MANOR SUB: Johnson: I will now open the Public Hearing, is there anyone who would like to come forward and testify on this? Pat Tealy, 479 Main Street, Boise, was sworn by the attorney. Tealy: I represent the applicant Mr. Darrell Taylor. We have reviewed the comments made and have one question. I don't know that you can answer my question maybe Engineer Smith will have to. There has been some concern expressed about providing some services to the properties to the west when we build our sewer line in there. We feel this is a good idea, but we don't know who is going to pay for it. We would like some determination on how we are to pursue this or who to talk to. Johnson: Explained comments concerning this. Have you read all the other comments? Tealy: Yes we have. Rountree: I have a question about the extension of the street on up to Newport Street. The plat indicates some kind of a connection there is there been any coordination with the property. owner in the Misty Meadows area. Tealy: We put a stub out to their property. Rountree: So that is on their plat. Tealy: Yes. Hepper: What did you say was the width of the street? Tealy: It would be 36 feet back to back. What we would be providing is the easterly, the curb,qutter and sidewalk that would be on our property adjacent to the lots, half of the street width, in other words the paved portion of it and then another twelve feet of paving. Hepper: So there would be to the center line plus twelve? Tealy: That's correct. MERIDIAN PLABIIVING & ZONING MAY 14, 1991 PAGE #3 Johnson: Anyone else to testify? Pat Davidson, 1928 Leisure Lane, was sworn by the attorney. Davidson: I'd like to know who on Leisure Lane has had sewer problems. I have concerns about the costs of hooking up. Is this something that is going to be required? Crookston: If your within 300' then you would have to hookup. Davidson: The estimates that I got were from $5 to $8,000.00 to hookup. Johnson: We can research that for you if you want to know what the hookup costs are, we do have a lot of records on that. Davidson: I'd like somebody to address the irrigation situation. I assume that that won't be interferred with. Will the situation change with the livestock? Clerk Niemann: You've got grandfather rights as long as you own the property, but when you move the rights wouldn't be transferred. Davidson: My biggest concern for my property is that since you can not cut into that road within five years, if you do want to develop part of your property. I would like to require stub outs so that we can possibly do that down the road. Will there be any requirement for a fence on the property line? Rountree: Are the homeowners in that area willing to participate in the stub out costs? Davidson: I'd like to have more information on what those stub out costs would be. Johnson: Anyone else? Cecil Cherry, 1926 Leisure Lane, was sworn by the attorney. Cherry: I don't like to oppose things but if this proposal goes through it will absolutely ruin my property. I would have a road running in front of my place and another one behind, fifty foot from the back of my house. I don't think there is anyone here that would like a road running behind their house only fifty foot away. Johnson: Anyone else from the public to testify? Gary C. Weeks, 1812 Leisure Lane, was sworn by the attorney. Weeks: Are we going to be assessed for the road frontage? Clerk Niemann: Not unless you decide to hook up to the sewer. Weeks: Z just wanted to clarify if we are going to be assessed water and sewer whatever going down the street. The way we are right now we will not be required to hook up to the sewer? Clerk Niemann: That would be up to the Counci L MERIDIAN PLANNING & ZONING MAY 14, 1991 PAGE #4 weeks: Myself and a couple other neighbors do not want to be forced into have to hook on to sewer. Johnson: Anyone else to testify? Crookston: Could Mr. Cherry please come back up. Are these accurate lots here along the parcel there? Cherry: This is a survey of it right here. Crookston: Is there a house here on what you have as parcel #2? Cherry: I bought this and had it divided. I own both parcels. Discussion: TAPE ON FILE: Johnson: Anyone else to testify? Tealy: I would like to address some of the concerns. We'd be more than willing to sit down with the people adjacent to us to determine where these stubs should be put and to determine what this is going to cost. It should be pointed out that 11th Street, which is the street we are using for frontage for these lots is stubbed out both from south and north. I'd like to also point out there would be no assessments for street work, sewer work or water work, we pay for that entirely. Crookston: Is there a concern by the Ada County Highway District as to whether or not the other side, the west side of this road would ever be completed? Tealy: Not at this time. Johnson: Anyone else to testify? Hearing no response I will close the Public Hearing. Hepper: I'd like to comment on Mr. Cherry's comments about the road crossing back of his house. Alot of these subdivisions that we are seeing come through now have got what they call a Collector Street designation. On a Collector Street houses are not allowed to front on the Collector Street. It's probably not a desirable situation but it's something that happens quite often. The Motion was made by Rountree and seconded by Shearer to recoartnend approval to the City Council with the indication from the developer 1) to work with adjacent property owners, 2) also that they comply with the conditions set forth by ACHD. Motion Carried: All Yea: ITEM #4: DISCUSSION ON PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE: The petition to amend the Zoning & Development Ordinances as prepared by the City Attorney was discussed. . .: MERIDIAN PLANNING & ZONING MAY 14, 1991 PAGE #5 The attorney was asked to clarify some of the items in the petition. The Attorney was asked to include a couple of items that have come up since the Joint Workshop with the Council: In: 11-2-409 Zoning Schedule Use Control to allow duplex units in Old Towne District. To include in 11-9-6040 that perimeter fences for subdivisions be required to be shown on the preliminary plat submittal. One other item that was discussed is the requirement of a certain square footage of living space be required on the ground floor of a housing unit where the unit is a two story unit. It was the concensus of the Commission that this beset at 800 square feet as part of 2-411-D. The Motion was made by Shearer and seconded by Hepper to adjourn at 8:35 P.M.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~.,~:. ~~ JI, J HNSO , CHAIRMAN ATTEST ~. ~ ~ u ~ ,v/~c/, _' JA NIE N, CITY CLERK pc: Mayor & Council, P & Z Members, Atty, Ward, Stuart, Gass, Hallett, Eng., Bldg., Police, Fire, ACRD, NMID, CDH, Settlers, Valley News, Statesman File (3) Mail (3) f • 1 J BEFORE THE M6RIDLAN PLANNING AND ZONING COMMISSION FREDRIC V. SHOEMAKER, et al APPLICATION FOR REZONE NW 15th STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public heazing April 9, 1991, at the hour of 7:30 o'clock p.m. Testi- mony was presented in favor of request, and also in opposition thereto. The Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT L That a notice of public hearing on the Application for Rezone was published for two (2) consecutive weeks prior to the said public heazing scheduled for April 9, 1991, the first publication of which was fifteen (15) days prior to said hear- ing; that the matter was duly considered at the April 9, 1991, heazing; 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. 2. That this property is located within the City of Meridian and is owned by Petitioner, Fredric V. Shoemaker, et al, and is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 3. That the property is zoned Limited Office District (L-O). 4. That the Amended Restrictive Covenants and Restrictions covering Leisman Addition recorded in Instrument No. 8111915, records of Ada County, Idaho, specifically pro- vides in Section 2a that all of said lots shall be known and described as Commercial-Limited Office lots. That said Covenants and Restricts further provide in Section 3 that the Covenants may be amended by a majority of the owners of said lots_ That a majority of ,said lot owners have consented to the rezone of .the subject property. 5. That the rezone request is limited to Lots 1-5, Block 3 of Leisman Addition. That the request is for a rezoning of said :~flts to R-15 zoning. 6. That city sewer and water is already available to the property, but the use may require additional chazges or fees. 7. That notice was given to all property owners who are within 3Q0 feet of the external boundaries of the land being considered, and all .property owners included within the property being considered. 8_ That the subject property is surrounded on three sides, the south, west and north by property zoned Limited- Office District (L-O). That the property on the east is FINDINGS OF FACT AND CONCLUSIONS OF LAw - 2 presently zoned R-4. OF LAW 1. That all the procedural requirements of the Local= Planning Act and of the Ordinances of the City of Meridian have been met and complied with by Petitioner. L. That the City of Meridian has authority to grant applications for rezone pursuant to 67-6511 .Idaho Code and, pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian.. 3. That the application for rezone being limited to Lots i-5 in Block 3, is in effect only a partial rezone of the area, Lots 6 and 7, Block 3 is presently vacant land. 4. That 11-2-416 (K) of .the Revised and Compiled Ordinances of the City of .Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for zoning amendments; that upon a review of those requirement and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as foilows: A. That the new zoning would be in accordance with the comprehensive plan. B. The area included in the zoning amendment is not intended to rezoned in the future. C. The area included in the zoning amendment is in- tended to be developed in the fashion that would be allowed under the new zoning. FINDINGS QF FACT AND CQNCLUSIONS OF LAW --3 D. There has not been any change in the area or adjacent azeas which would dictate that the area should be rezoned. E. The proposed uses will not be designed, constru- cted, operated and maintained to be harmonious and appropriate in appearance with the existing or in- tended chazacter of the general vicinity and that such use will change the essential character of the same area. F. The azea will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structure, refuse disposal, water and sewer. G. The azea will not create excessive additional re- quirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. H. The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, pro- perty or the general welfaze by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. I. The vehicular approaches to the property will not create an interference with traffic on surrounding public streets_ J. The use of the area will not result in the destruc- tion, loss or damage of a natural or scenic feature of major importance.' R. The proposed zoning amendment is not in the best interest of the-City of Meridian. 5. The request for rezone should be denied. APPROVAL OF FINDINGS OF FACT AND OF LAW The P4eridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law_ FINDINGS OF FACT AND CONCLIISIONS OF LAW - 4 ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI VOTED `~ VOTED L~-> VOTED VOTED S/+rI CHAIRMAN .JOHNSON (Tie Breaker) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the request for rezone requested by the applicant for the property described in the application in accordance with the Findings of Fact and Conclusions of Law set forth herein. MOTION: APPROVER: C~l'~ DISAPPROVED: ~,/__ Jack C. Riddlemoser Attorney at Law Meridian, Idaho 83642 FINDINGS OF FACT AND CONCLUSIONS OF L2SW - 5 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN UNITED METHODIST CHURCH CONDITIONAL USE PERMIT CORNER EAST PINE AND EAST 3RD STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing April 9, 1991, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 9, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 9, 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; 2. That this property is located within the City of AMBROSE, FIRGERALD B CROOKSTON Attomeye en0 GOUONIOfe R.o. Bo: uT Merltlbn, ItleKo 89814 Telepeone BBBJ181 Meridian and is owned by the Applicant and is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 3. That the property is zoned Old Town (OT), which requires a conditional use permit for the operation of a day care center; that in Old Town conditional uses are generally required for any use where the property was not previously used for that purpose; additionally, under 11-2-407 D, uses not specifically permitted or listed in districts may be permitted under a conditional use permit. 4. That the 0-T District is described in the Zoning Ordinance, 11-2-408 B. 10 as follows: {0-T) OLD TOWN DISTRICT: The purpose of the 0~-'I'j ~istrictis to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the uses requested in the application are for a AMRROSE, FITZG ERALD S CROONSTON Anomsye anE Counsslon P.G. BoR ART MMOIan, IENo B3M2 1elePpone BBB~N1 child day care center and a family life center, which will have uses of an intramural basketball court, social and meeting hall, dining room, special events center, and indoor play area for the day care center; that the day care center is a listed permitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 -. conditional use in the Old Town District; that the family life center is not listed as a permitted use or a permitted conditional use; that entertainment centers, indoors, are listed as permitted conditional uses in the Old Town District. 6. That other property in the area is used commercially and residentially; that the property to the south is used for the Applicants church; the property to the east is residential; the property to the west is commercial; the property to the north is residential. 7. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 8. That there is no present use of the property. It is a vacant lot. 9. That sewer and water is available. 10. That the City Engineer, Central District Health and Nampa-Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full herein. 11. That the Ada County Highway District may submit comments and they will be incorporated herein as if set forth in full herein. 12. That there was testimony at the public hearing objecting AMBROSE, FITZG ERALD B CROONSTON Attorneys and Counesloro P.O. Boa azy Maridlan, IdNo 83812 ralevlwne eeB+aBi to present parking problems at the church itself, and objecting that additional uses at the property may increase the parking problem; that most of the parking objections related to parking on Sunday during church service. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 CONCLUSIONS AM BROSE, FITZGERALD BCROOKSTON A~tomsya ens Counselors P.O. Box 1Y7 MMEISn,IOMo Baez TeleDeoee BB8~4181 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. Z. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That even though one of the specific uses requested is not a listed permitted use or listed conditional use in the Old Town District, it is concluded that the family life center is analogous to an entertainment center, indoors, which is a listed permitted conditional use in the Old Town District; that also the family life center is a compatible use to those permitted in the Old Town District and to those uses presently existing. 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses but the parking problems must be resolved. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. AM BROSE, FI72GERALD B OROOKSTON A~~omeys enE Couneebn P.O. Bow lYT MsrltlMn, ItleNo B3M2 TslspNOne SS8 u81 h. That sufficient parking for the property and the proposed use must be provided or adequate measures taken so there is no parking problem. i, The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 importance. 6. That the comments of the City Engineer must be met and AMRROSE, FIT2GERALO d CROONSTON Allpmey9 elb Coeneeloro P.O. Bor 12T Melitlian, laeno ax/z Telephone 888-USt complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTE UOTE VOTE VOTE VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the AMBROSE, FIRGERALD acROOlcsroN Attomaye antl CounNlon P.O. Bov l4T MarlAlAn, ItlNo a3N2 Telaplana aBa-~~61 Findings of Fact and Conclusions of Law, including resolution of the parking problem, particularly on Sundays, and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian; that if the parking is not resolved the conditional use permit should be subject to revocation. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 ,~ 1991 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: to-wit 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 the Area of Impact agreements between the City and Ada County". 2. Amending 11-2-402 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 11-2-403 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, conditional 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". AMeROSE, Certificate of Occu anc in the third line chan in the FITZG ERALO P Y a 9 9 BCROOKSTON language which now reads as follows, has been changed, the AttarnWaaM °ounNbra 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES P'O'GO"~' OF THE CITY OF MERIDIAN --- PAGE 1 MenClan, IONo 83812 TaIpMM 888-H81 ` • • ~ 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 followings, "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 of 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". 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, nMeROSE, taverns, night clubs, cocktail lounges, bowling allies, and FIT2GERALD BCROOKSTON similar entertainment activities." ~ttomeys na Counselor! R.o. eo=~x~ 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES Merltl~ZSNO OF THE CITY OF MERIDIAN --- PAGE 2 TelpNOns BBB~bt . ii • • AMBROSE, FITZGERALD 80ROOKSTON Attomeye a~W COUn9ebn P.O. Box t2] Menel.n, w.no axrz Talplwne SBB~Nt 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". 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, changing 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, "structures 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 the thing on, which one sits". Walkway, deleting from the definition the following language, 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 3 "five (5) feet or more in width". 4. Amending 11-2-404 C, Commission-Planning and Zoning Commission, such that it reads as follows, 1) "The Commission 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 more 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 (1) 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." Amending 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 fi-Baring 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 D, Council, 1) by the addition thereto of the following, "c. Pursuant to Section 67-6520, Idaho Code, the council may appoint hearing examiners for hearing 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". "d. The council shall perform such other duties as set forth herein". RMSROSE, F172GERpLD d CROOKSTON Attorneys and Gounesbn P.O. Boz 1Y7 MMEIen,ItlYa ax~x Teleplwne SBB-N81 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". 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 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 4 C, • 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. 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. 11-2-407 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". 11. 11-2-407 C, Official Schedule of District Regulations Adopted, second paragraph in the second line the word "agricultural" should be deleted. (POSSIBLY AMEND 11-2-408 B., ZONING DISTRICTS 1. R-4 TO SPECIFICALLY STATE THAT ONLY SINGLE FAMILY DWELLINGS SHALL BE PERMITTED AND NO CONDITIONAL USES) AMBROSE, F172GERALD 6 CROOKSTON Attomaye aM G0u11NI0ft P.O. Bo, 427 M.nman, a.no ax4z TabpNOne 8864481 12. 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, Residential, should be amended to allow only single-family dwelling units in th e R-4 District and that conditional uses for any other purpose than single-family dwelling units shall be prohibited.~.,p6>cs ~~ ~,~~,.~,~~ r ~ (~""~'" 13. 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. 14. 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". 15. 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-L. Also, an asterisk (*) should be added under R-15, Minimum Yard Setback Requirements from road right-of-way interior side so that the street frontage is determined on the cul-de-sac lots at the setback line. 16. 11-2-410 B 4, Architectural Projections, should have the word "chimney" added after the words "covered patios" and before the word "and". 17. ii-2-410 D 1 B(4), should be changed to read as follows, "The use shall be considered as a Commercial Use". 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 5 18. 11-2-410 D 1 B(5), shall be changed to read as follows, "pay the fee of $80.00". 19. 11-2-410 D 1 B(7), should be changed to read as follows: "If there are no objections filed within the time far filing the same the zoning administrators may grant the request". 20. i1-2-413 C 1, should be repealed. °?v'""'~ `,, 21. 11-2-413 C 11, should be repealed. ~,~y~~~ ,[~~~ `~ 22. 11-2-414 D, Design Standards For Off Street Parking, should have 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 alt 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 nursery and day care centers relating to the number of children and staff. 23. 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 in Section 4, Title 9, Chapter 6, of the City Ordinances entitled Subdivision Approval Procedure". 24, i1-2-416 C 17, should be repealed. 25. 11-2-416 E, Procedures, 1) should be amended to read as follows: "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 11-2-415 E 2 b, post a copy of said notice on the property under consideration and deliver to the zoning administrator a notorized statement that he has posted the property and the date the posting was placed." AMBROSE, FITZG ERALD BCROOKSTON Attomeyc and CounNlora P.O. Boa l27 McNOIAn, IENo e3e.z relwnon. eeo-uet 26. 11-2-416 E. 2, shall be amended as follows, "The commission shall: 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 6 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. b. Prior to recommending an application, conduct at least one (1) public hearing in which interested persons shall have an 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 information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied, The 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. AMBROSE, FITZGERALD B CROOKSTON AtiwnaYx ano Counwbro P.O. Box X27 MerlGlen, IOMo avuz Tel.ononaeeB+iai d. Maintain a record of the hearing, findings made and actions taken. 27. 11-2-416 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.2.a. by ordinary first call mail. 28. 11-2-417, needs to be amended by deleting from the 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 7 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. 29. 11-2-418 6, needs to be amended by the deletion in the second sentence of the phrase "or lessee". 30. 11-2-418 B 12, 14, 15 and 18 need to be repealed. 31. 11-2-419 B 22, needs to be repealed. AMSROSE, FITZGERALD BOROOKSTON Attomeya an0 CiOYRNlOla P.O. Box /2T Metl8len, Itleho ex+z Teleplwne 8861181 32. 11-2-422 A 1, needs to be revised to change the fee Schedule. 33. 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". 34. 11-2-424 A 2., on the Fence Designations, the drawings should show the dimensions around the water meter to be 4' x 4', 35. 11-9-604 C, Requirements of Preliminary Plats 6. 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".~ ~~e.,r.4~.~. =~.,~1~ 36. 11-9-605 J. Fences, needs to be amended to add a paragraph concerning the use of fences on top of berms. This needs to be investigated. 37. 11-9-605 L., should be added relating to Piping Of Ditches, which would read as follows: "Tiling of irrigation ditches, laterals or canals. All irrigation 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. 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 8 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. 38. 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." 39. 11-9-617 A.3., there should be a drawing added showing the sight triangles for fences. GATED this day of May, 1991. 7TAI--J6hTIV~(TN-, Z:F~ri~M ~N ~L A N N fN J-A N 6- ZONING COMMISSION AMBROSE. FITZGERALD B CROOKSTON Attomeye and Counselors P.O. Boe s1T MxlEbn, IdNo ex.z Talsplrone SSSJS61 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN --- PAGE 9 ~0 a ~~~ Per rc ~'/ Ix ~, .~ a ~c~l # 1 V c e ti v C 0 ,. _f ai