Z - 2019 UDC Text Amendment Recs
Page 1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: June 11, 2019
TO: Mayor and City Council
FROM: Bill Parsons, Planning Supervisor
208-884-5533
SUBJECT: H-2019-0034
2019 UDC Text Amendment
PROPERTY LOCATION:
City wide
I. PROJECT DESCRIPTION
Request for a text amendment to update certain sections of the UDC pertaining to notification
of violations and definitions in Chapter 1; residential dimensional standards and allowed use
tables in Chapter 2; ditches, laterals, canals or drainage courses; outdoor lighting; outdoor storage;
traveling living quarters; landscape standards; parking standards; qualified open space and variance
processing in Chapter 3; specific use standards for educational institution, indoor shooting range,
multi-family development and restaurant in Chapter 4; public hearing, fees, variances and alternative
compliance in Chapter 5 AND other miscellaneous sections.
II. APPLICANT INFORMATION
A. Applicant:
City of Meridian
33 E. Broadway Ave., Suite #102
Meridian, ID 83642
B. Representative/Contact:
Bill Parsons, Planning Supervisor
Phone: (208) 489-0571
bparsons@meridiancity.org
III. NOTICING
A. Newspaper notification published on: April 19, 2019 (Commission); May 24, 2019 (City
Council)
Page 2
B. PSA distributed: April 16, 2019 (Commission); May 20, 2019 (City Council)
C. Next door posting: April 16, 2019 (Commission); May 21, 2019 (City Council)
IV. STAFF ANALYSIS
In accord with Meridian City Code 11-5, the Planning Division has applied to amend the text of the
Unified Development Code (UDC). For purposes of this application, both the Planning Division and the
Code Enforcement Division have work closely to compile a host of changes and combine them into one
application.
The text amendment includes updates to multiple sections and the addition of new provisions that pertain
to the following:
Chapter 1: Notification of violations and definitions;
Chapter 2: Residential dimensional standards and allowed use tables;
Chapter 3: Ditches, laterals, canals and drainage courses, outdoor lighting, outdoor storage,
traveling sleeping quarters, landscape standards, parking standards, qualified open space and
variance processing;
Chapter 4: Specific use standards for educational institutions, indoor shooting range, multi-family
development and restaurant;
Chapter 5: Public hearing, fees, variances and alternative compliance;
And other miscellaneous sections to improve the administration of the code.
All of the proposed changes to the UDC including the support documents are attached as separate
exhibits. Commentary has been provided for each of the respective code changes and new additions that
are proposed.
Staff has highlighted the requested Code Enforcement changes in light gray to delineate their
recommended changes. These recommendations are made in hopes of eliminating confusion for the
public, addressing common issues, eliminating loopholes and making the existing codes enforceable. The
changes being proposed by the Code Enforcement Division were not shared with the UDC Focus Group
or the BCA as they do not directly impact development per se. These changes were vetted separately with
City Council and fully endorsed.
Staff has shared the proposed Planning’s Division changes with the UDC Focus Group and the
BCA. Several members of the UDC Focus Group have expressed concerns with the open space
changes (specifically removal of the street buffers from counting towards qualified open space) and
believe they should be deferred until the new Comprehensive Plan is adopted. At this time staff has
not modified the document based on earlier conversations. Further, staff has not received any other
recommendations to modify the current proposal. A separate memo prepared by staff was sent to
the BCA addressing some of these concerns. The Commission should determine if it is in the City’s
best interest to delay amending the open space standards until the Plan is adopted.
In addition, the both NMID and SID shared their concerns with the City encouraging waterways to
remain open and integrated with developments. Primary concerns were safety and maintenance.
After discussing the issues with them, staff has modified UDC 11-3A-6 to include a requirement
that the applicant execute a license agreement for the irrigation districts if a waterway is to remain
open and public safety can be adequately addressed.
Page 3
Overall most of the proposed changes are supported by our Community partners. In summary, staff
believes the changes proposed with this application will make the implementation and use of the UDC
more understandable and enforceable.
V. DECISION
Staff:
Staff recommends approval of the proposed text amendment to the UDC based on the analysis provided
in Section IV, modifications in Section VI and the Findings of Fact and Conclusions of Law listed in
Section VII.
Commission:
The Meridian Planning & Zoning Commission heard this item on May 2, and 16, 2019. At the May
16th public hearing, the Commission voted to recommend approval of the subject UDC text
amendment request.
1. Summary of Commission public hearing:
a. In favor:
b. In opposition: None
c. Commenting: Will Patterson, Greg Curtis, Becky McKay, Jeanette Johnson, Jon Wardle, Jim
Conger and Denise LaFever
d. Written testimony: Jon Wardle, Becky McKay and Bryce Farris
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: Caleb Hood
2. Key issue(s) of public testimony:
a.
b.
c.
d.
e.
f.
g.
h.
g.
Proposed text changes to UDC 11-3A-6; impact on delivery of water, public safety, fencing
waterways and improvements requiring irrigation district and /drainage entity authority.
Parking standards for age-restricted developments.
Common driveways taking access from private streets.
Removing street buffers from counting towards the required 10% percent common open
space for development.
Broader update to the common open space and amenity requirements.
Useable open space and setbacks between homes.
Removing state highway access form the variance process.
Inviting stakeholders to participate in code changes and part of the UDC Focus Group.
Allowing another decision-making body (Commission or Director) grant a waiver to reduce
the 25-foot landscape buffer when commercial and/or industrial properties abut a residential
use.
3. Key issue(s) of discussion by Commission:
a.
b.
c.
d.
e.
f.
g.
h.
Location of mobile tiny homes and requirements to establish the use in an R-40 zone.
Specify indoor shooting ranges to be measured from property line to property line or from
structure to structure.
Removal of the fee waivers from the ordinance impact economic development incentives.
More comprehensive solution to the common open space and amenity requirements.
Parking standards for age-restricted developments.
Parking standards for restaurants.
Rational for establishing specific use standards for an indoor shooting range.
Requirements for determining light trespass on adjacent properties.
4. Commission change(s) to Staff recommendation:
a. UDC 11-3G(B)1.e. – Commission removed the words in width.
5. Outstanding issue(s) for City Council: None
Page 4
VI. FINDINGS
1. UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: (UDC 11-5B-3E)
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;
The Commission finds that the proposed UDC text amendment complies with the applicable
provisions of the Comprehensive Plan if the changes to the text of the UDC are approved in
Section VI above. Please see Comprehensive Plan Policies and Goals, Section IV, of the
Staff Report for more information.
B. The text amendment shall not be materially detrimental to the public health, safety, and
welfare; and
The Commission finds that the proposed zoning ordinance amendment will not be
detrimental to the public health, safety or welfare if the changes to the text of the UDC are
approved in Section VI above. It is the intent of the text amendment 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.
The Commission 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.