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
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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
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Anomsye anE
Counsslon
P.G. BoR ART
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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
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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
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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
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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
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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
` • •
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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
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