PZ - Staff Report
STAFF REPORT
HEARING DATE: March 1, 2018
TO: Planning and Zoning Commission
FROM: Bill Parsons, Planning Supervisor
208-884-5533
SUBJECT: H-2018-0011 – 2018 UDC Text Amendment
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The Planning Division of the Community Development Department has applied to amend
certain sections of the Unified Development Code (UDC) pertaining to uses allowed in Table
11-2A-2; standards for portable signs; daycare facility specific use standards; provisions to
allow multi-family private open space standards to be eligible for alternative compliance AND
modify the subdivision street names standards to align with newly adopted Title 8, Chapter 2,
Uniform Street Name and Addressing Number Code.
NOTE: All of the proposed text changes to the UDC are provided in underline and strike-
through format in Exhibit A below for the Commission’s and Council’s review and
consideration.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed text amendments to the UDC based on the analysis
provided in Section VII and the Findings of Fact and Conclusions of Law listed in Exhibit B.
III.PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to
the City Council of File Number H-2018-0011 as presented in the staff report for the hearing
date of March 1, 2018 with the following modifications: (add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the
City Council of File Number H-2018-0011 as presented during the hearing on March 1, 2018
for the following reasons: (You should state specific reasons for denial.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number H-2018-
0011, to (insert specific hearing date), and direct staff to make the following changes: (insert
comments here.)
IV. APPLICATION FACTS
A. Site Address/Location: Citywide
B. Applicant:
Planning Division, Community Development Department
City of Meridian
33 E. Broadway Avenue, Ste. 102
Meridian, Idaho 83642
2018 UDC Text Amendment – H-2018-0011 1
C. Applicant's Statement/Justification: See narrative and Exhibit A for more information.
V. PROCESS FACTS
A. The subject application is for a Unified Development Code Text Amendment as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a
public hearing is required before the Planning & Zoning Commission and City Council on this
matter.
B. Newspaper notifications published on: February 9, 2018 (Commission)
C. A public service announcement was broadcast via email on February 2, 2018 (Commission)
regarding this application.
D. The proposed amendment was shared with the UDC Focus Group and the Building Contractors
Association of Southwest Idaho. Becky McKay and Cornel Larson provided comments on the
subject application. Comments were forwarded on to the City Clerk’s office to be included as part
of the public record.
VI. COMPREHENSIVE PLAN POLICIES AND GOALS
Staff finds that the subject Unified Development Code Text Amendment complies with and furthers
the goals and objectives of the Comprehensive Plan.
The specific objectives and actions that support the proposed amendment are listed below:
• “Keep current the Unified Development Code and Future Land Use Map to implement the
provisions of this plan.” (7.01.01A)
The proposed UDC amendment is meant to keep the UDC relevant with current development trends
in the City without compromising life, safety or the general welfare of the community. Most of
the changes are general clean-up items however; the private open space standard is being proposed
based on a direction from City Council on a previous land use application.
• “Enforce City Codes.” (3.05.02D)
The proposed amendment represents changes that City Staff finds will make the implementation of
UDC more understandable and enforceable.
VII. ANALYSIS
The proposed update is meant to modify certain sections of the Unified Development Code (UDC) as
follows:
1. Table 11-2A-2 – Proposes to allow daycare groups as a conditional use permit in the R-4 district;
2. UDC 11-3D-8(A)16 – Remove this requirement so all lawfully established uses in the O-T district have
the ability to apply for a portable sign permit. The current code only allows for specific uses in the Old
Town District to obtain a portable sign permit.
3. UDC 11-4-3-9(A)4 – Modify the daycare facility standards to allow the background checks and fire
inspections occur with certificate of occupancy rather than prior to the issuance of the certificate of zoning
compliance.
4. UDC 11-4-3-27(B)3 – Allow the multi-family private open space standards to be eligible for alternative
compliance. This was originally requested by a developer during the TM Creek Apartment project.
However, the applicant’s request included changes to the private open space standards for all apartment
projects and the City believed changes to the private open space standards should reviewed on a case by
2018 UDC Text Amendment – H-2018-0011 2
case basis and processed as alternative compliance. The change is being processed based on feedback from
the City Council and concurrence from the applicant that initially processed the previous text amendment
for this requirement.
5. Table 11-5B-5 – Modification to this table to coincide with the request above in #4 above.
6. UDC 11-6C-3(B)3 – Modifying this subdivision street names standards to align with the newly adopted
Title 8, Chapter 2, Uniform Street Name and Addressing Number Code. The City Council recently
approved this document.
All of the proposed changes to the UDC including the support documents are attached for your review in
PDF format. As noted above, this round of proposed UDC text changes were shared with the UDC Focus
Group and the BCA. Two of the members of the UDC Focus Group did provide comments on the subject
application but no concerns or changes were proposed.
In summary, the changes proposed in this application represent changes that City Staff believes will make
the implementation and use of the UDC more understandable and enforceable.
VIII. EXHIBITS
A. Strike-out/Underline Version of the Proposed Changes (DRAFT FORM)
B. Required Findings from the Unified Development Code
2018 UDC Text Amendment – H-2018-0011 3
Exhibit A. – Strike-out/Underline Version of the Proposed Changes
Proposed UDC Text Amendments
UDC Section Topic Problem/Question Potential Fix
Table 11-2A-2 Allowed uses in the
residential districts
Include daycare, group as an allowed use in the R-4 district. TABLE 11-2A-2
ALLOWED USES IN THE RESIDENTIAL DISTRICTS
Use R-2 R-4 R-8 R-15 R-40
Daycare center1 - C C P P
Daycare, family1 - A A A C
Daycare, group1 - -C C P P
Direct Sales A A A A A
11-3D-8(A)16. Portable signs Remove item b. to allow all lawfully established uses the ability to
apply for a portable sign in the O-T zoning district. 16. Portable Signs: Portable signs, when allowed by this article, shall meet the following standards:
a. Any portable sign shall count as part of the overall freestanding sign allowance as set forth in subsections B through H of this section.
b. The following uses shall qualify for any portable sign: retail, restaurants, drinking establishments, and personal services.
bc. Placement of any portable sign shall meet the following standards:
(1) The placement of any portable sign shall be limited to the portion of the sidewalk that is located directly in front of the business applying for
the sign permit and shall not be placed in front of another business.
(2) It shall be the responsibility of the property owner to comply with the American disabilities act (ADA) standards for pedestrian walkways and
clearance for handicap accessible parking stalls.
cd. A maximum of one portable sign is allowed per entrance with no more than one portable sign per street frontage.
de. The maximum background area of any portable sign shall not exceed eight (8) square feet. Any portable sign may be single or double sided.
ef. Portable signs shall be constructed of stable and durable materials that will hold up under adverse weather conditions.
fg. A permit is required for any portable sign.
2018 UDC Text Amendment – H-2018-0011 4
11-4-3-9(A)4. Daycare facility Modify daycare standards to allow the background checks and fire
inspections occur with certificate of occupancy rather than prior to
the issuance of the certificate of zoning compliance.
A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group:
1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the
determining factor.
2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients.
3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval.
4. Upon tentative approval of the application by the director or commission for a daycare center facility, tThe applicant or owner shall provide proof
of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to
issuance of certificate of zoning complianceoccupancy. The applicant or owner shall comply with all state of Idaho and department of health and
welfare requirements for daycare facilities.
5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock
(11:00) P.M. This standard may be modified through approval of a conditional use permit.
6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood
meeting in accord with subsection 11-5A-4B of this title. Notice of the neighborhood meeting shall be provided to all property owners of record
within one hundred feet (100') of the exterior boundary of the subject property.
The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more
restrictive.
B. Additional standards for daycare facilities that serve children:
1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and
to screen abutting properties.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk.
C. Additional standards for family daycare facilities conducted as home occupation accessory uses:
1. In no way shall the family daycare emit lighting, noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed
outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in UDC 11-3D-8B.
2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling.
2018 UDC Text Amendment – H-2018-0011 5
11-4-3-27(B)3. Multi-family development Make this section eligible for alternative compliance in accord with
section 11-5B-5. B. Site Design:
1. Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this title. Building setbacks shall take
into account windows, entrances, porches and patios, and how they impact adjacent properties.
2. All on site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not
visible from a public street, or shall be fully screened from view from a public street.
3. A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through
porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In
circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section, the director may
consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title.
4. For the purposes of this section, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open
space.
5. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,
designated and screened area. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying To All Districts", of this title. (Ord. 16-1672, 2-16-2016)
7. Developments with twenty (20) units or more shall provide the following:
a. A property management office.
b. A maintenance storage area.
c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access.
d. A directory and map of the development at an entrance or convenient location for those entering the development.
2018 UDC Text Amendment – H-2018-0011 6
Table 11-5B-5 Alternative compliance Allow the required eighty (80) square feet of private usable open
space to be eligible for alternative compliance per the City Council’s
direction.
B. Applicability:
1. This process is intended to replace specific requirements as set forth throughout this title as follows: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
TABLE 11-5B-5
ALTERNATIVE COMPLIANCE
Permit Section
Common driveway 11-6C-3
Common open space and site amenity requirements 11-3G
Fence requirements 11-3A-7
Height maximum in commercial districts 11-2B-3
Height maximum in industrial districts 11-2C-3
Height maximum in TN-C district 11-2D-5
Landscape buffer for wireless communication facilities 11-4-3-43E
Landscape requirements 11-3B
Landscaping for base of freestanding sign 11-3D-8
Lighting standards for pathway along State Highway 55 11-3H-4C3
Outdoor lighting requirements 11-3A-11
Multi-family private usable open space standards 11-4-3-27B3
Parking and loading plan requirements 11-3C-5
Parking requirements 11-3C-6
Private street standards 11-3F-4
Projecting sign allowance 11-3D-8E and F
Sign location in the O-T district 11-3D-5
Structure and site design review standards 11-3A-19
2018 UDC Text Amendment – H-2018-0011 7
11-6C-3(B)3. Subdivision standards Modifying this section of code to align with the newly adopted Title 8,
Chapter 2, Uniform Street Name and Addressing Number Code. 11-6C-3: STANDARDS:
A. Compliance:
1. Through properties are prohibited except where it is shown that unusual topography or other conditions make it impossible to meet this
requirement. Through properties shall be limited to one (1) street access on one (1) frontage, designated by a note on the final plat.
2. The plat shall comply with all applicable requirements as set forth in chapter 2, "District Regulations", of this title.
3. The plat shall comply with all applicable requirements as set forth in chapter 3, "Regulations Applying To All Districts", of this title. (Ord. 16-1672,
2-16-2016)
B. Streets:
1. Dedication: Within a proposed subdivision, arterial and collector streets as shown on the Comprehensive Plan shall be dedicated to the public in
all cases; in general, all other streets shall also be dedicated to public use.
2. Street Specifications: The design, location, and widths of all street and street intersections shall comply with the requirements of the
transportation authority, unless alternative standards are adopted by the City of Meridian.
3. Street Names: The naming of streets shall comply with Title 8, Chapter 2, “Uniform Street Name and Address Number Code”, of this code.
conform to the requirements of the Ada County Street Name Committee, with the following exceptions:
a. The street name shall generally comply with section 8-2-6, "Standards For Designation Of Street Names", of this Code.
b. Street names shall not duplicate any existing street name within the County, except where a new street is a continuation of an existing street.
c. Street names that may be spelled differently but sound the same as existing streets shall not be used.
d. All new streets shall be named as follows: streets having predominantly north-south direction shall be named "avenue" or "road"; streets
having a predominantly east-west direction shall be named "street" or "way"; meandering streets shall be named "drive", "lane", "terrace",
"path", or "trail"; and cul-de-sacs shall be named "circle", "court", and "place".
e. For streets that provide primary access to a subdivision or neighborhood and that align with an existing or planned street across an intersection
that is not part of the same subdivision or neighborhood, the street name shall not duplicate the name of the subdivision or neighborhood.
f. Proposed streets which are a continuation of an existing street shall be given the same name as the existing street.
g. Street name signs shall be installed in the appropriate locations at each street intersection.
h. The Meridian city council may approve exceptions to the requirements for street names in accord with subsections B3a through B3g of this
section. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
4. Cul-De-Sacs: No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty feet (450'). (Ord. 14-
1623, 9-2-2014)
5. Alleys:
a. Alleys shall have a minimum of sixteen feet (16') of paving.
b. All alleys shall serve as fire lanes.
c. All alleys shall be concrete or asphalt with a concrete ribbon curb.
d. The entrance to the alley from the public street shall provide a minimum twenty eight foot (28') inside and forty eight foot (48') outside turning
radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the
alley.
2018 UDC Text Amendment – H-2018-0011 8
Exhibit B. – Required Findings from Unified Development Code
1. Unified Development Code Text Amendments:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant a text amendment
to the Unified Development Code, the Council shall make the following findings:
A. The text amendment complies with the applicable provisions of the comprehensive plan;
Staff finds that the proposed UDC text amendment complies with the applicable provisions of
the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 6, of
the Staff Report for more information.
B. The text amendment shall not be materially detrimental to the public health, safety, and
welfare; and
Staff finds that the proposed zoning ordinance amendment will not be detrimental to the
public health, safety or welfare. It is the intent of the text amendments to further the health,
safety and welfare of the public.
C. The text amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts.
Staff finds that the proposed zoning ordinance amendment does not propose any significant
changes to how public utilities and services are provided to developments. All City
departments, public agencies and service providers that currently review applications will
continue to do so. Please refer to any written or oral testimony provided by any public service
provider(s) when making this finding.
2018 UDC Text Amendment – H-2018-0011 9