HomeMy WebLinkAboutDenise Lafever 2019-06-10From: Denise LaFever <dlafever3@gmail.com>
Sent: Tuesday, June 11, 2019 3:42 PM
To: Denise LaFever
Subject: FW: UDC revisions and Impact Fees
From: Susan Karnes <susankarnes@gmail.com>
Sent: Monday, June 10, 2019 1:50 PM
To: Mayor Tammy de Weerd <tdeweerd@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Treg Bernt
<tbernt@meridiancity.org>; alittleroberts@meridiancity.org; Genesis Milam <gmilam@meridiancity.org>; Luke Cavener
<Icavener@meridiancity.org>; typalmer@meridiancity.org j}J'
Cc: TheSneakyPug <sneakypug@gmail.com>; Denise LaFe "d-Ia#ever-3@gmaiI.cor-n-
Subject: UDC revisions and Impact F ' s
Good afternoon,
\1 ()5
tt
As Meridian)attenXision
ent memb omprehensive an s ring commit ee, we ha
privileged to Survey events, to discuss resi nt input, and to hear suggestions from a
wide array of busines s and government entities ab t the vision for Meridian. We value our primary
task to consider, incorpo te, and ultimately help ecide how stakeholders' feedback will drive te�new ti
Comprehensive Plan and sha our commun' s next 10 to 20 years. new
take our responsibility tor resent residents
very seriously. Therefore, feel compelled to spe
under current consi� ion by the City Council: the
UDC Revisions
terests as defined by the MyMeridian Vision S rvey
ak' a united voice about two important items
�-0
proposed UDC revisions and impact fees.
vo—� c.-'
Vision Survey results have been very clear: Sft4ee#►&We3-rdesire a Meridian where open space is valued,
set aside and amplified. They want tranquil settings and generous recreational trails and amenities.
They oppose "cookie cutter" neighborhoods and "Anywhere USA" commercial developments with
inti dentities They crave view sheds, honoring our community's agricultural heritage and
preserving asense of our proud history.
ory '61 S
Open S ce +
V(A
_ G
The proposed UDC revisions do not increase open space; in fact, they suggest a trendd Pet oratte7x�� a�
oh, of the most hi hly prized elements among Vision Survey results. Wtzdo NAT support -i J --C6 t��C �—
p�tfi s quaMfi -open space; such pathway s do NOT tranqui ree tional_ ts,
n_or d a ghbor- they-si y � Ii es's ---r-y buff --a --convenient mess
I s. W enco age Co ncil, in spon a to the City's own r ident survey, to
amp i y our e spaces nd rds. As r rese tatives o ents, we cannot support any
deterioration th LI or QUANTI our open space. We also strongly encourage Council to
more clearly and strictly define what qualifies as usable space.
w
Setbacks
Thel,proposed UDC r��isFc�aa�pr�. might backs-.- lie oan su ort ti�s6appropriate high den ity distric stron be e ity's-re-si ent-s-a+�daying—
astakeh r-c-'ide di nsional standards. We further believe the UDC needs slope,
grading and drainage ordi a ces before we aggravate issues we know to exist.
Vis, on end DA endments
We believe that our residents want to be heard --especially during this period of developing a new
Comp Plan. Therefore, we oppose all substantive changes to land use being approved by the Director,
and they ssee of variances, DA amendments and alternative compliance to change land use that might
impact � r
poperty rights. We ask that these actions be subject to public hearings for two reasons: A)
The public deserves a voice in significant changes; and B) Substantive changes should be decided by our
elected officials, the City Council.
Action Requested
We believe several of the proposed UDC revisions are inconsistent with our stakeholder survey results
and the vision, intent and spirit of the new Comp Plan.
We therefore respectfully request that Council postpone any and all UDC changes that should be driven
by our new Comprehensive Plan.
Impact Fees
We believe there are several troubli
Trends
cts related to the proposed impact fees:
Proposed UDC Text Amendments
UDC Section Topic Problem/Question/Revisions Potential Fix
11-1-11 Code enforcement Recggently a UDC violation case went to a court trial. The B. Investigation:
prosecutor, defense council and judge all pointed out the 1. The code enforcement officer shall investigate any structure or use which he or she reasonably believes does not comply with the standards
UDC does not specifically outline the methods of service and requirements of this title.
when serving a UDC violator notice of a violation. The MCC
does outline this process in 4-2-3 (C) 1, 2 and 3. 2. If, after investigation, it is determined that the standards or requirements of this title have been violated, a code enforcement officer shall
serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall state separately
each standard or requirement violated; shall state what corrective action, if any, is necessary to comply with the standards or requirements;
and shall set a reasonable time for compliance. The notice shall state that any further violation may result in criminal prosecution and/or civil
penalties. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
3.
peF50H. if Re addFess is known, then notice may be made by publieation in the newspapeF Of FeeeFd fOF the Gity of Meridian. The Code
Enforcement Officer will record all efforts made to effect service in person or by mail as part of their investigative report. (Ord. 07-1325, 7-10-
2007). Methods of service shall be by any of the following:
a Personal service upon such owner, occupier, or person in charge or control of the property; or
1 b Regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment
roll or as otherwise known; or
c Posting such notice and order at a conspicuous place on the property and publishing one notice in the official newspaper of the City that the
property has been posted in accordance with this chapter and ordering the owner, occupier, or person in charge or control of the property to
remedy the violation by the given date. \
11-1A-1 Definition Add new definition of accessory use, residential. ACCESSORY USE RESIDENTIAL: A use or activity on a residential property that is secondary to the principal use.
11-1A-1 Definition Separate the personal and professional definition. They are PERSONAL AND PROFESSIGNA SERVICES: The use of a site for the provision of individualized services generally related to personal needs.
separate uses in the allowed use tables in Chapter 2. Personal service uses include, but are not limited to, beauty services such as salons, hair, nail and skin care, spa, and barbers; (?l. AV
fitness training and instruction; locksmiths; and repairs such as footwear and leather goods, and watches. PFafessienal but
PROFESSIONAL SERVICES: . Professional service uses include, but are not limited to:
architects landscape architects and other design services; ce�graphic designers; consultants; lawyers; media advisors; photography
studios; F es; and title�^^^afl�es general offices The term does not include healthcare and social service.
11-1A-1 Definition Add new definition of foot-candle. FOOT-CANDLE: A standard unit of measurement used to identify the intensity of light A unit of illumination equal to that given by a source of
one candela at a distance of one foot This is the SAE/Imperial unit of measurement whereas Lux is the Metric unit of measurement.
11-1A-1 Definition Add new definition of an indoor shooting range. INDOOR SHOOTING RANGE: A controlled area of activity specifically designed for the discharging of firearms at targets. The term does not
include arts entertainment and recreation facilities.
11-1A-1 Definition Add new definition of light trespass. LIGHT TRESPASS: Light emitting from one property that crosses the property line of another property in excess of 0.1 foot-candle as measured
at a height of 60 inches above grade in a plane at any angle of inclination.
11-1A-1 Definition Add new definition of lumen. LUMEN A lighting industry standard unit of measurement used to measure the total quantity of visible light emitted bV a source.
11-1A-1 Definition Modify definition of open space to include linear open OPEN SPACE: An area substantially open to the sky that may be on the same property with a structure. The area may include, along with e
space. natural environmental features, linear open spaces, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community enters yLO�
or other recreational facilities. This term shall not include streets, parking areas, or structures for habitation.
11-1A-1 Definition Add new definition of personal property. PERSONAL PROPERTY: AnV property that is not real property. ep
tT
05/13/2019
u
Yn 72 --
11 -1A -1
v
11 -1A-1
Recreational vehicle
Add the term mobile tiny homes to the definition.
RECREATIONAL VEHICLE: A vehicle or portable structure primarily designed as temporary living accommodation for recreational, camping, and
travel use. The term shall include, but not be limited to, motor home, travel trailer, fifth wheel trailer, truck camper, fold down camping trailer,
park trailer, mobile tiny homes and travel trailer.
11 -2A -3(B)(3)
Minimum street frontages
Ensure common driveways provide access to an abutting
_
public street. Remove from table.
^^",�
Table 11-2A-6
Dimensional standards
Developer requested that the UDC specifically call -out
of the R-8 District
setbacks for side loaded garages in the R-8 district.
R-8 Standard Requirement
Minimum property size/dwelling unit (in square feet) 14,000
Minimum street frontage (in feet): 40
With alley loaded garage, side entry garage, or private mew lots 32
Street setback' to garage (in feet):
- --- ---
Local 20
Collector 25
i
Alley - - - I ✓
Street setback' to living area and/or side loaded sarase (in feet):
Local 10
Collector 25
r_ Alley 5 I
Interior side setback (in feet) 5
Rear setback (in feet) 12
Street landscape buffer (in feet):
Collector 20
Arterial 25
Entryway corridor 35
Interstate 50
Maximum building height in feet) [5
Table 11-2A-2
Allowed uses in the residential
Updating table to reflect that restaurant uses have specific
districts
use standards.
Use R-2 R-4 R-8 . R-15 ' R-40 I
I I i I
Restaurant'- - F—F - J A
05/13/2019
2
aovLs
Jeahl-O I
11-3A-6
Ditches, laterals, canals or
drainage courses
Amend this section of code to reference the definition of a
water amenity in chapter 1 and grant the decision-making
body on the application the authority to waive the tiling of
A. Purpose: The purpose of this section is to limit the tiling and piping of natural waterways, ditches, canals, laterals, sloughs and drains where
public safety is not a concern as well as improve, protect and incorporate creek corridors (Five Mile, Eight Mile, Nine Mile, Ten Mile, South
Slough and Jackson and Evan Drains) as an amenity in all residential, commercial and industrial designs. When piping and fencing is proposed,
irrigation facilities.
the following standards shall apply.
Add new language as testified at the public hearing. Some
text was added based on feedback from NMID.
B. Piping:
1. Natural waterways intersecting, crossing, or lying within the area being developed shall remain as a natural amenity and shall not be piped or
otherwise covered. See also subsection C1 of this section.
2. Irrigation ditches, laterals, canals, sloughs and drains may be left open when used as a water amenity or linear open space as defined in UDC
11-1A-1,and any neeessaFy appFevals whieh may be Fequired fFOFR aR iFrigatian eF dFainage entity are obtained. See also subsection C2 of this
section.
3. Except as allowed above, all other irrigation ditches, laterals, sloughs or canals, intersecting, crossing or lying within the area being
developed, shall be piped, or otherwise covered. This requirement does not apply to property with only an irrigation easement where the actual
ge facility is located on an adjoining property.
:a.rT'
ei;-eea�ifdecision-making body may waive the requirement for covering such ditch, lateral, canal, sloughs or drain, if it finds that the
lic purpose requiring such will not be served and public safety can be preserved
Ar drainage entity aFe ebtaiAed a IiEeRse affeement is executed with the irrigation Dist
C. Fencing:
1. Fencing along all natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger
open water systems may require fencing as determined by the city council, director and/or public works director.
2. Ditches, laterals, canals, sloughs and drains do not require fencing if it can be demonstrated by the applicant to the satisfaction of the director that
said ditch, lateral, canal, sloughs or drain serves as or will be improved as a part of the development, to be a water amenity. Construction drawings and
relevant calculations prepared by a qualified licensed professional registered in the state of Idaho shall be submitted to both the director and the
authorized representative of the water facility for approval.
3. Except as allowed above, all other open irrigation ditches, laterals, canals, sloughs and drains shall be fenced with an open vision fence at least six
feet (6') in height and having an 11 -gauge, two inch (2") mesh or other construction, equivalent in ability to deter access to said ditch, lateral, canal,
sloughs or drain, which fence shall be securely fastened at its base at all places where any part of said lands or areas being subdivided touches either or
both sides of said ditch, lateral, canal, sloughs or drain.
D. Easement,;- In FPSidential d-istFiets, irr gatien easements V"id-P-l' thRR ten feet (Io') shall hp Rel, -Lipd in a cemF:nen let that s a miRimurn of twenty feet
(20') wide and eutside of fP_RePd aFea, unless medified by C ty EOIAnEil at a public heaFiRg ith notire te 5uFrey n.ding PFE)peFty EmRers. Improvements
-a
related to piping fencing or any encroachment as outlined in sections A B and C of this section requires written approval from the appropriate
irrigation or drainage entity.
E.
peeperties. Easements In residential districts irrigation easements wider than ten feet (10') shall be included in a common lot that is a minimum of
twenty feet (20') wide and outside of a fenced area unless modified by city council at a public hearing with notice to surrounding property owners.
F. NatWal PF@ nage GeHFse5� Al! natuFal d4Rage eeuFses shall be left Hn&WFIaed OF be iwpreved in a manneF that Will irnffeve the hydFayl;Es and ease
d4nage Eourse" -;hR" Rt# he dpeFned te apply tG FniRGF swales and deffe55iens that aFe leEated entirely an the applicaRt's prepeFty and WNE11 seFve a
Impeding Movement Of Water Prohibited: For any irrigation or drainage ditch not within the
jurisdiction of an irrigation or drainage district piping shall not impede the movement of the amount of water crossing the property prior to
development or the amount of water delivered to downstream properties.
G Natural Drainage Courses All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and
ease of maintenance of the channel Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term
"natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on theapplicant's property and which
serve a relatively small area where runoff is infrequent.
05/13/2019
11 -3A -14(A) and (C) Outdoor storage as an An outdoor storage investigation recently went to a jury 11-3A-14: OUTDOOR STORAGE AS AN ACCESSORY USE:
accessory use trial. During the trial it was made apparent that our current
outdoor storage language does not include "personal Accessory outdoor storage shall be allowed for an approved use subject to the following standards:
property." This became an issue when defense counsel A. All outdoor storage of material, equipment, inventory, personal property and/or supplies shall be conducted in an orderly manner. It shall be
asked the investigating officer to explain how the items
unlawful to conduct outdoor storage of materials, equipment, inventory, personal property and/or supplies in a manner that:
referenced fit the current language in the code. The Curren
language easily applies to commercial properties but not 1. Creates a public nuisance, visual blight, or acoustic impacts by reason of condition duration and/or volume.
residential properties. 2. Blocks, impedes or overlaps any sidewalk and/or vehicular traffic.
3. Causes the site to be used as a "vehicle wrecking or junk yard" as herein defined.
B. For properties in commercial and/or traditional districts, outdoor storage of materials, equipment, inventory, and/or supplies shall be
incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and
screened from view of adjacent properties, the railway corridor, and public streets by a solid fence or wall with a minimum height of six feet
(6'). Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure.
C. For properties in residential districts, all materials, equipment, inventory, personal property and/or supplies, shall only be stored in the rear
or side yard and shall be screened by a solid fence, six feet (6') in height. No outdoor storage of materials, equipment, inventory, personal
property and/or supplies shall be allowed in the required street yard, except as follows: On corner properties, such materials may be stored in
the street side yard where such area is screened by a solid fence, six feet (6') in height; see section 11-3A-7 of this article for fencing regulations
in street side yards.
11 -3A -14(D)(2) Outdoor storage as an Clean-up to provide clarification to this section of code. 2. For properties that adjoin the railway corridor, in addition to the standards of subsection D1 of this section, outdoor storage of materials,
accessory use equipment, inventory, and/or supplies shall be screened from the interior edge of the required street buffer a distance of one hundred feet
(100') fFeffl the edge 9f Fight ef way parallel to the railway corridor.
11-3A-20 Travelling sleeping quarters The current title and the definition are inconsistent. The 11-3A-20: TRAVEL6ING S' `��°, INGLIVING QUARTERS: No motor vehicle or trailer including, but not limited to, travel trailers, fifth wheels,
title reads in part "...Sleeping Quarters" and the definition recreational vehicles, mobile tiny houses and/or motor coaches, shall be used as a residence or as living quarters except within an approved
reads in part "...living quarters." recreational vehicle park. No recreational equipment, including, but not limited to, tents, tepees, yurts, and/or huts, shall be used as a resident
e" 4_0
or as living quarters. A
The tiny house movement is growing in popularity and we ►�)
are seeing them in Meridian. Mobile tiny houses are not
currently defined in our code. As their popularity increases,
we are fielding more inquiries about Meridian's stance on
them.
11 -3B -5(A)(1) Standards and installation Update this section of code to reflect the newly adopted A. Approved Tree Species:
tree publication guide for the Treasure Valley."
1. The publication titled Treasure Valley Tree Selection Guide
Q a Feffeatien depaFt. eRt (late ) is hereby adopted by this reference as the city of Meridian's list of approved and
prohibited tree species. The publication categorizes the trees by size as class I, class II, or class III trees.
11 -3B -9(C)(2) Landscape buffers to adjoining Add flexibility to this section code so applicants don't have 2. Minimum Buffer Size: The width of the buffer is determined by the district in which the property is located, unless such width is otherwise
uses to submit City Council Review application to reduce the modified by the decision making body set forth in UDC Table 11 -SA -2
eity council at a public heaFiRg with notice te SUFFOunding pFopeFty
landscape buffers when commercial and industrial uses ewRers. The tables of dimensional standards for each district in accord with chapter 2. "District Regulations", of this title establish the minimum y
abut a residential use. Example of this is when a conditional buffer size. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum
use permit is before Planning and Zoning Commission and of the buffer width required in the applicable zoning district.
the Commission doesn't have the authority to waive the�QG%�
buffer except through the City Council Review process.
05/13/2019
9 4j/
Table 11-3C-6 Required parking spaces for Modify parking standards to make it clear what parking
residential use standards apply to nursing care facilities and age restricted
housing. Request of the UDC Focus Group members, they
requested that 1 and 2 bedroom units have the same
parking requirements.
05/13/2019
Of
Number
Bedrooms (Per
Required Parking Space
Use And Form Unit) d
o
Fninknum j() feet by 20 feet parking a
Dwelling, duplex and dwelling, 1/2 2 per dwelling unit; at least 1 in an enclosed
single-family (detached, garage, other space may be enclosed or a
attached, townhouse) minimum 10 foot by 20 foot parking pad'
X3/4
wl 45
!'���C
5+
4 per dwelling unit; at least 2 in an enclosed
garage, other spaces may be enclosed or a
minimum 10 foot by 20 foot parking pad'
6 per dwelling unit; at least 3 in an enclosed
garage, other spaces may be enclosed or a
minimum 10 foot by 20 foot parking pad'
Dwelling, multi-family3 (triplex, 1
[L.5per dwelling unit; at least 1 in a covered
fourplex, apartments, etc.)
arport or garage
2/3
2 per dwelling unit; at least 1 in a covered
carport or garage
4+
per dwelling unit; at least 2 in a covered
[carport
or garage
Dwelling, secondary 1
set forth above for single-family dwellings
determined by the total number of
ras
drooms on the property
Nursing and Residential Care 1
__.__5__p er bed
Facilit
Vertically integrated 1
�1 per dwelling unit
residential4 -
r_
-_ —
2/3
1 per dwelling unit
4+
1 per dwelling unit
11
11 -3G -3(B)
05/13/2019
Qualified open space
TI -5-Z-5 ( S
Modify the open space standards to ensure the City is B. Qualified Open Space: The following may qualify to meet the common open space requirements:
getting consolidated usable open space with residential 1. Active Or Passive In Intended Use: Any open space that is active or passive in its intended use, and accessible by all residents of the
developments. development, including, but not limited to:
Once the new Comprehensive Plan is adopted, this section a. Open grassy area of at least fifty feet by one hundred feet (50' x 100') in area;
of code will be reviewed in its entirety. b. Community garden;
c. Ponds or water features; of
d. Pla ;_
e Linear open space area that is at least 20 feet and up to 50 feet in width, has an access at each end and is improved and I
forth in subsection 11 -3G -3E of this chapter.
ons To Public Park: Ad Jitions to a public park or other public open space area.
3. Landscape Buffer as aee Open SpFull Area of Buffer: The full area of the landscape buffer along collector ;Ind a�aal streets may count
Open Nu. "
the required common open space i#-deve{eiged a+v+l "' ` A k ef�e Eit�� gathvrra'r s's�terfland wheFe the
—
55. Parkways Collector An cal Residential Streets: Parkways along local residential streets that meet all of the following standards may
count toward on open space requirement:
a. The parkway meets the minimum width standard as set forth in subsection 11 -3A -17E of this chapter.
b. The parkway is planted with street trees in accord with section 11-3B-7, "Landscape Buffers Along Streets", of this chapter.
c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open
space calculation. For purposes of this calculation, the curb cut area shall be twenty six feet (26') by the width of the parkway.
6. PaFkWays Along AFterials: PaFkW@YS @10Rg aFterial streets that meet all ef the fellewing standaFGIS may ceLint tE)waFd the
«.
a. The paFkway ;5 a minimum of teR feet (10') in width measured betweeR edge of sidewalk and bael( of euiFb. WheFe ACHD is anticipating
fHtuFe widening of the StFeet, the -yidth of the huffer rhall he rneaSUFed 40M the ultimate curb location as anti6pated by ACHD; and
(1) Th parkway is planted with street trees and etheF FnateFia'S iR aeEerd with SUI35eetion 11 313 7C, "Standards", ef this EhapteF; eF
I at I east twenty five percent (25%) 0 f PaFl(way area dWrong gFOWiRg seasen. ShR1135 must be planted as a Eentinueus edge (3F in a distinEt
repeating pattern te EFeate veFtiEal visual bFeal( betweeR Feadway and pedestrian aFeas
(C) Planter beds must Fneet R�u!Ehing and vegetatiOR coverage FequiFerneRts listed under subseEtOORS 11 38 SH and IS! E)f this ehapter.
67. Stormwater Detention Facilities: Stormwater detention facilities when designed in accord with section 11-36-11, "Stormwater Integration",
of this chapter may count towards the qualified open space requirement if located within a passive or active qualified open space of at least
twenty thousand (20,000) square feet and is visible from a public street(s) on at least two (2) sides.
78. Open Water Ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty five percent (25%) of a required
open space area when developed with at least one (1) site amenity in accord with UDC 11 -3G -3C. All ponds with a permanent water level
shall meet the following standards:
a. The pond shall have recirculated water.
pond shall be maintained such that it does not become a mosquito breeding ground.
15
11-31-1-3
Variance process
Legal has determined that variance may not be required for Council to
11-3H-3: PROCESS:
approve an access to State highways per State Statue. This
Staff shall review all development applications for compliance with these standards. The City Council ' ' may consider and approve
modification to the UDC is being requested by the City Attorney's
Y modifications to the standards of this article upon specific recommendation of the Idaho transportation department or if strict adherence is not
office. Added this language based on feedback from the public
feasible as determined by City Council.
hearing.
11-4-3-14
Education Institution
Add specific criteria for parking.
I In all commercial and residential districts education institutions shall provide one parking space for every four hundred (400) square feet of gross
floor area.
11-4-3-27(B)(1)
Site Design
Recently, there have been some conflicts between the setbacks in the
B. Site Design:
UDC and the building code. This change is needed to make it clear that
1. Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this title and/or Title 10 of this Code.
the IBC has different ways of governing building separation on a
Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties.
property.
11-4
Indoor Shooting Range
The City has approved one such facility in the Gramercy development.
11-4-3-47: INDOOR SHOOTING RANGE:
This has caused issues for code enforcement and other sections of city
A. No indoor shooting range shall be allowed within three hundred feet (300') measured from property line to property line of a residential use or
code. This use is currently defined as an indoor rec facility. Added this
—
district daycare center, education institution hospital library or nursing or residential care facility.
language based on feedback from the public hearing.
B. Accessory uses including but not limited to retail equipment rental and restaurants are allowed if designed to serve patrons of the use only.
C. The application shall include a sound study prepared by a licensed sound engineer that demonstrates how the proposed use will address the
impact of noise on adjoining uses Any adverse effects shall be mitigated through setbacks buffers sound mitigation and/or hours of operation.
11-4
Restaurant
Add specific uses standards for a restaurant, specifically to address
11-4-3-48: RESTAURANT
parking.
A. Parking:
1. At a minimum one parking space shall be provided for every two and fifty (250) square feet of gross floor area.
2. Upon any change of use for an existing building or tenant space a detailed parking plan shall be submitted that identifies the available parking
for the overall site that complies with the requirements of this title.
11 -5A -6(G)(5)
Public hearing
Extend the time period when the Commission has to forward its
5. The decision making body (see section 11-5A-2, table 11-5A-2 of this article) action shall be made within seventy (70) days after receiving all
is infOffnatien is
recommendation to Council. Need to make more consistent with this
not needed.
information to make a decisionapplicat on cansideFed if additional
section of code.
For applications where the commission is acting as a recommending body, the commission shall forward its recommendation to the council within
seventy ferry five (4570) days.
11 -5A -8(B)
Fees
Remove the request for fee waiver from code.
11-5A-8: FEES:
In the application of fees for the review of permit applications, the following rules shall apply:
A. Basis For Calculation: For any requested public hearing involving more than one classification of a petition or application, the filing fee shall be
calculated on the basis of the cumulative fee for the individual application(s).
B.
Fees Not Refundable: Fees to be charged for the various procedures stated above are not refundable, except where a petition or application is
withdrawn at least three (3) weeks prior to the date of its scheduled public hearing, and then only after order by the city council.
11 -5B -4(B)
Variances
Remove the access to state highways section from the applicability
A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title.
ction based on recommendation from Legal. State statutes do t
specify access to state highways as part of a variance process; m
B. Applicability: The provisions of this section shall apply to requests to vary from the requirements of this title with respect to lot size, width, and
in violation.
depth; f , side, and rear setbacks; parking spaces; building height; all other provisions of this title affecting the size and shape of a structure or the
/
place upon properties;highways. If a means of alternative compliance is available, it
should b exha ted before applying for a variance.
05/13/2019
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