Loading...
HomeMy WebLinkAboutHibernation Place Homeowners Bear Creek Place - 11.13City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, June 6, 2017 at 6:00 PM 6.04PM G. Public Hearing for 2017 UDC Text Amendment (H-2017-0044) by City of Meridian Planning Division Continued. to November 14, 2017 1. Request: Text Amendment to Certain Sections of the UDC Pertaining to Definitions; Allowed Uses in all Districts; Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and Servings); Surety Agreements AND Establish New Definitions and Regulations to Allow the Operation of Food and Beverage Products Processing, Minor in the Commercial, Industrial and Traditional Neighborhood Zoning Districts c/o 2631 S Hibernation P1 Meridian, ID 83642 Hibernation Place Homeowners Phone: 208-855-9457 Bear Creek Subdivision November 9, 2017 City of Meridian Idaho Meridian City Council 33 East Broadway Ave Meridian, ID 83642 Subject: 2017 UDC Text Amendment (H-2017-0044) City of Meridian Planning Division — Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and Servings) — Issues from Homeowner's Dealing with Ongoing Issues of Home Based Businesses — with no Adherence to Specific Use Standards Dear City Council Members: We are residents of Bear Creek Subdivision — Hibernation Place cul-de-sac in Meridian, ID. Our neighborhood has a Scentsy home business located at 2175 S. Hibernation Place, Meridian, ID. This is a cul-de-sac and the business is located at the end of the street. The business has approximately 1500 square feet of space stocked with product from floor to ceiling, not counting what is stored in the residence. In short, the business on weekends especially is equally as busy as any retail store found in any strip mall around the Valley. Standards addressing this type of activity are necessary to protect the health and safety of the residents. We have numerous concerns surrounding the operation of this type of business in a quiet cul-de-sac not to mention the traffic it brings to the cul-de-sac and entire subdivision. The current operation of this business is in direct conflict with a residential cul- de-sac where 8 families including 11 small children reside. Concerns are as follows: The operation of this business creates unwanted traffic every weekend in the spring, summer, fall, and winter when the owner conducts "open houses" to sell product (we note that this past few months since the Meridian Public Meeting in June 2017 there has been fewer open houses). When open houses occur the vehicles haphazardly block driveways, impeding access to residences and in many instances park in neighbor's driveways. Product deliveries occur multiple days during the week and often there are 2 deliveries per day especially during the holiday time frames. The customers at times enter the cul-de-sac at a high rate of speed and show little regard for small children or animals. The situation creates unsafe conditions for small children playing in the subdivision, concerning parents with young children ages 3-5 who cannot play in the cul-de-sac due to traffic, issues and with the added concern of strangers accessing the area. Parents with these young children do not allow their children to play (ride bikes, etc.) in the cul-de-sac when the open house is underway. (See Photos — Attachment # 1) 2. Signage that denigrates the neighborhood and subdivision, including the posting of over 27 signs in the subdivision and surrounding Meridian area. (See Photos — Attachment #2) 3. Frequent delivery of product, with UPS, FED -X accessing the subdivision, sometimes 2 times per day. 4. Safety —A subdivision cul-de-sac is not the place for this type of retail sales, "traffic" related business, especially when it impacts the safety and quality life of residents who purchased homes in a "quiet" cul-de-sac to avoid traffic commonly found on busier through streets. And homeowner's would like the freedom to use their property without dealing with these issues every weekend. Attached (Attachment #3) is a summary of current City of Meridian Applicable Codes/ Ordinances for use of a subdivision residence as a business. Additionally where applicable signage ordinances/standards must also be addressed as should any business license, permit or Accessory Use Application. In summary Standards/Codes/Ordinances for Use of a Subdivision Residence as a Business are necessary to control and protect adjacent property owners and ensure that the health and safety of all involved are protected. Without these measures home businesses impact the lives of neighbors and residences around them. Please include and read this letter and attachments into the Record of the City Council Meeting minutes. Sincerely, SIGNATURES — CONCERNED BEAR CREEK/HIBERNATION PLACE CUL-DE-SAC HOMEOWNERS f �1 o Enclosure cc: Meridian City Planning & Zoning 33 East Broadway Ave #Id2 Meridian, Idaho 83642 ATTACHMENT -1 Cars parked in cul-de-sac (note gray -colored car parked in front of adjacent homeowner's driveway). Weekly event during spring, summer, fall, and activity during holidays). tomer parked in homeowner driveway. Homeowner could not get out of driveway until customer returned Cars parked in cul-de-sac blocking cul-de-sac preventing Homeowner's from accessing their proper ATTACHMENT -2 Signs posted cul-de-sac k a; during spring, summer, Cub and Garibaldi Bear Track and Garibaldi Cub and Garibaldi Calderwood and Alaska Way Hibernation P1 cul-de-sac — (sign at residence) Bear Track and Bear Tooth Stoddard and Kodiak Covey and Alaska Way Bear Track & Hibernation P1 Note: These are not all the sign locations in Bear Creek (not all locations photographed). There are an additional 25+ signs placed along Meridian and Overland Road (Cities jurisdiction under the Limited Duration Sign — Meridian City Code). This attachment includes City of Meridian Applicable Codes/ Ordinances for Use of SubdivisionResidence eBusiness. Theyd below and 1. ordinance/codeapplicable portion of the directly from the Meridian Unified Development Code: I 1. A business license or permit for the business is required by the City 2. The home business must file an Accessory Use Application 3. The home business must meet specific zoning requirements as per the Cities Unified Development Code 4. All signage must be permitted by the City of Meridian and meet the City ordinances for signage and limited duration signs 5. The home business must meet the specific guidelines of the Dome Occupation Ordinance and Unified Development Code SECTION 3a1®1® Licenses or Permits Required No person shall engage in or carry on any trade, business, profession, or activity within the limits of the city for which a. license or permit is required by this title, or by any ordinance of the city, without a, current, valid license or permit required for that trade, business, profession, or activity. A violation of this section shall be a. misdemeanor, punishable by such fine and/or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a. violation of this section continues or occurs may be deemed a. separate and distinct violation. (Ord. 09- 1421, 7-14-2009) The City of Meridian allows residents to apply for a home occupation with an Accessory Use application,. Home occupations must be low -impact uses that do not change or disturb the residential character of your neighborhood. The regulations governing home occupations require that you meet all the following conditions: only one non-resident shall be permitted for employment; only products manufactured at the home may be sold from the home; the home occupation may not cause significant traffic; the home occupation cannot disturb neighboring residence with noise, vibration, traffic, odor etc.; and standards outlines in Section 11_-4-3.21 of the Meridian Unified Development Code. Sections 11 -2A -2,11-213-2,11-2C-1, and 11-2D-1 - ZONING The uses allowed on you property depend on the zoning of your property. The City of Meridian has assigned a zone to every property located in the City of Meridian. Zoning regulates the types and densities of residential development and the types of industrial and commercial uses allowed. The City of Meridian Planning Division can assist you in determining the zoning of your property and the uses allowed in that zone. For your reference you may view Section 11-2A®2, 11-213-2, 11-2C-1, and 11-2D- 1 of the Meridian Unified Development Code online. This will show the uses allowed in different zoning districts. Uses are listed as "P" Principal Permitted Use, "A" Accessory Use, and "C" Conditional Use. If none of these are listed, the use is prohibited in that zone. You are required to obtain a Sign Permit prior to erecting a. sign on your property. You may reference sign regulations in Section I --1,--3D--8 of the Unified Development Code. Sign Permit applications are available online or in our office in City Hall The following standards shall apply to business identification signs allowed for a limited duration for all allowed nonresidential uses: A. Purpose: The purpose of this section is to allow additional business identification signs for a limited duration. B. Applicability: This section shall apply to all allowed nonresidential uses in all districts. C. Exemptions: The provisions of this section shall not apply to handheld signs. Handheld signs are allowed and do not require a permit. (Ord. 09-1436, 12-15-2009, eff. 1-1-2010) D. Process: 1. The applicant shall obtain a limited duration sign permit through the planning department for seven (7), fifteen (15), thirty (30), sixty (60), ninety (90), or one hundred twenty (120) day time periods. It shall be unlawful for any person to erect or display on any property a limited duration sign without a. valid and current limited duration sign permit. 2. In no instance shall a limited duration sign requiring a. permit be displayed for more than one hundred twenty (120) days per calendar year per business. 3. The applicant shall obtain a limited duration sign permit for every new and/or renewed limited duration sign to be displayed. 4. Removal of any limited duration sign for any period of time shall not extend the expiration date for such limited duration sign permit. 5. Any person displaying or erecting limited duration signs on any property shall obtain the written consent of the property owner and file that consent with the planning department prior to issuance of a. permit. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012) E. General Standards For Limited Duration Signs: The following standards shall apply to all limited duration signs in all districts: 1. All limited duration signs shall be securely fastened to the ground or to a permanent structure. Signs shall be erected in a. manner that does not create a potential hazard of any kind. The attachment line for inflatable signs shall not be with in ten feet (10') of the nearest overhead power line. 2. No limited duration sign shall be located closer than five feet (5) from any street property line and twelve and one-half feet (12.5') from any rear or interior side property line. 3. No limited duration sign shall be illuminated. Illumination is prohibited. 4. No limited duration sign shall be located within a public right of way. 5. All limited duration signs shall be weatherproofed and kept in a. state of good appearance, safety, and repair. Any damaged or potentially hazardous sign shall be repaired or removed immediately. 6. A maximum of one such sign shall be displayed per business at any one time. 7. Limited duration signs shall maintain a minimum fifty feet (50') of spacing from any and all other approved freestanding and limited duration signs. 8. The background area for limited duration banner signs located on an exterior of a building shall not exceed thirty two (32) square feet per business, except that businesses having over one hundred thousand (100,000) square feet of gross floor area shall be allowed sixty four (64) square feet for such sign. 9. The background area for freestanding limited duration signs shall not exceed twenty (20) square feet. 10. Balloons and other inflated devices that are limited duration signs shall be no greater than one and one-half (11/Z) times the maximum building height within the district. 11. Electrical components shall be prohibited as part of a. limited duration sign, except electrical pumps may be allowed for balloons and other inflated devices. (Ord. 13-1546, 3-5-2013) The following standards apply to all home occupation uses with the exception that strict adherence to the standards contained in subsections B, C, E, and F of this section in the TN -C and TN -R districts is not required: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. (Ord. 14-1592, 1-21-2014) B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty five percent (25%) of the overall living area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. An attached garage may be used for a. home occupation provided it shall not reduce the required off street parking below the standard established for that district and the area. being used for the home occupation is calculated to be no greater than twenty five percent (25%) of the overall living area of the dwelling. (Ord. 16-1672, 2-16-2016) C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. (Ord. 14-1592, 1 21-2014) D. (Rep. by Ord. 07-1325, 7-10-2007) E. The home occupation shall not have more than two (2) outgoing pick-ups per day from a common carrier. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one nonresident employee shall be permitted. V G. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the personal service aspect of the home occupation; or 3) products sold online that are delivered to customers by mail. 1. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to required off street parking for the dwelling. J. All visits by clients, customers, and/or employees shall occur between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. K. The home occupation shall only be allowed as an accessory use to an allowed residential use. (Ord. 14- 1592, 1-21-2014) A. The minfintun number of off street vehicle parking spaces forbe in accord with table I 1-3-C-6 of this section. (Ord. 14-1592� 1-21-2014) TABLE 11-3C-6 REQUIRED PARKING SPACES FOR RESIDENTIAL USE Use And Foran Number Of Bedrooms (Per Unit) R Age restricted elderly housing (attached or detached) 1 0 2+ Dwelling, duplex and dwelling, single-family (detached, attached, townhouse) 1 2 2/3/4 4 5+ Yl 6 Dwelling, multi -family' (triplex, fourplex, apartments, etc.) 1 1 2/3 2 4+ 3 Dwelling, secondary 1 Vertically integrated residential` 1 1 2/3 1 4+ 1 Notes: 1. The size of the garage or carport required for dwelling units shall be measured by exterior dimensions and shall be at least 10 feet by 20 feet for a 1 -space garage or carport and 20 feet by 20 feet for a 2 -space garage or carport. 2. The parking pad shall be measured from edge of sidewalk or edge of paved travel lane (public street, private street, or alley) where no sidewalk exists. For alley accessed properties the parking pad is not required in front of the garage if the garage is located at the 5 foot setback to the rear property line; the required parking pad must be provided along the side of the garage unless equivalent off street parking, as determined by the director, is provided in accord with section 11-3(ti -5, table 11-3C-5 of this article. 3, For condominium projects, the required number of parking spaces shall be determined by the director based on the proposed development. If the proposed development is similar to a single-family development, such standards shall apply. If the proposed development is similar to a multi -family apartment complex, such standards shall apply. 4. The required number of parking spaces for the residential portion of a vertically integrated project shall be in addition to that required for nonresidential uses as listed in subsection B of this section.