HomeMy WebLinkAboutRecommendations
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JUL 2 2 2005
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City Of Meridian
City Clerk Office
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Date of Recommendation: July 20, 2005
Project Name:
Unified Development Code
Case No(s):
ZOA-05-001
Applicant:
City of Meridian Planning Director
P&Z Commission Hearing Dates: April 18, 2005 and April 25, 2005
A. Recommendation: Approve as amended. The amended version was posted on the
web site and available for public comment since June 7, 2005
B. Summary of Public Hearing:
1. In favor: Mark Russell
2. In opposition: James Fehnnan
3. Commenting: Paul russey, Gordon Margulieux, David Turnbull (via e-mail)
4. Staff presenting application: Anna Canning
C. Key Issues of Discussion by Commission:
1. Adult entertaimnent facilities and signs
2. Development along Federal and State Highways
3. Maximum height and signs in 0- T
4. Temporary signs
5. Appeal process
6. Enforcement Provisions
7. Lighting
8. Noxious uses
D. Key Commission Changes to Staff Recommendation:
1. Added an article regarding development along federal and state highways
2. Numerous edits and corrections
E. Outstanding Issue(s) for City Council:
1. Council held a special meeting on June 7, 2005 to discuss this issue.
2. Exhibit A lists all of the outstanding issues before City Council. Many ofthese are
typographical errors and corrections that staffhas noticed in reviewing the document.
Any issue of substantive concern is discussed in the following sections.
F. Code Enforcement: The Police Department originally anticipated moving the code
enforcement section to Title 6. Upon further discussion, they felt that they it was important to
have the code and the enforcement mechanisms in the same Title. See Attachment B for the
proposed language. The Police Chief and attorneys have reviewed and provided input on the
proposed language. The Planning and Zoning Commission saw a draft of the proposed
amendments to Title 6. Exhibit B is substantially the same as the draft the Commission
received.
G. Residential Street Buffers: Modify all the dimensional standard tables for the residential
districts to include street landscaping buffers for collector (20 feet), arterial streets (25 feet),
entryway corridors (35 feet) and Interstate 84 (50 feet). These were mistakenly left offthe
tables when we relocated the street buffer standards. I raise this as a substantive concern
mostly to highlight the omission in the current draft.
H. Standards for Traditional Neighborhood District: Staff is proposing that the standards be
removed from the table at this time and noted as "reserved." The intent is for the Fire
Department, Police Department, and Planning Department staff to meet with the PIG and other
interested parties to further discuss alley accessed developments.
I. Parkway Planters: ACHD recently intitiated a discussion with City staffs regarding parkway
planter widths and other issues related to street trees. ACHD's concern is that the placement of
such trees has long term impacts on the funds required for roadway and sidewalk maintenance.
Through the discussion process, the city staffs and ACHD staffwere able to reach a
compromise on minimum standards regarding parkway width, root barriers, trees adjacent to
attached sidewalk, and appropriate types of trees within landscape buffers. Staff proposes the
following edits:
"E. The minimum width of a-parkways shall be ~fi¥e-feet Œ~'). The width can be
measured from the back of curb ...t'hc1î it eaR be dcmenstFated that where there is no likelv
ÐpfJerttmft)' for expansion of the street section within the right-ol-way. The parkway width
shall exclude the width of the sidewalk. Onl)' Class II trees ma)' be planted in pa14mYJ)'s kss
than ten feet (10') in ',viE/tho Class II trees are the preferred parkwav trees. Class I and Class
III trees mav be considered for parkwav planters durinf! the landscape plan review. The
Director shall evaluate such trees for their suitabilitv as varkwav planter trees based on
ultimate tree canopv. root characteristics. and branching hei~ht. The minimum varkwav
planter for Class I and Class III trees shall be ten feet (10'). F. The planter width for Class II
trees mav be reduced to six feet (6 ') if there are root barriers that are a minimum of eif!hteen
inches (18") below sub-grade ad;acent to the sidewalk and a minimum of twentv-four inches
(24") below sub-~rade ad;acent to the curb. The root barriers shall extend two inches (2")
above ~rade. "
Section ll-3B- 7C3: "d. Where street trees are within a varkwav. thev shall be centered within
the varkwav planter. Where street trees are not within a varkwav. thev shall be off-set a
minimum of five feet (5') from the edge of sidewalk."
J. Required Parking Spaces for Residential Uses: Table 11-3C-2 currently requires two off-
street parking spaces in an enclosed garage for multi-family units with more than 1 bedroom.
Staff recommends modifying the requirement that the parking is in an enclosed garage; this
seems excessive for an apartment building. One option may be to require that the spaces be in
a covered carport or garage. Staff is also recommending a requirement for guest parking
facilities. The guest parking would be a concrete pad in front of the garage. Because of the
required garage setback, we typically get these pads on front accessed properties. This would
require the parking area on alleys and private streets as well.
Dwelling, multifamily
1 bedroom
more than 1 bedroom
age-restricted elderly housing
Dwelling, seconda
Dwelling, single-family attached
1 bedroom
more than 1 bedroom
Dwelling, single-family detached
Dwelling, townhouse
1 bedroom
more than 1 bedroom
Dwelling, two-family duplex
1 bedroom
more than 1 bedroom
2 per dwelling unit, 1 in a covered carport or enclosed garage
2 per dwelling unit in a covered carport or n enclosed garage
.5 er dwelling unit
1 per dwellin unit
1~ per dwelling unit,4 in enclosed garage with a 10] x 20'
parking pad between access and garage2
2 per dwelling unit in an enclosed garage with a 20' x 20'
arkin ad between access and ara e2
2 per dwelling unit in an enclosed garage with a 20' x 20'
arkin ad between access and ara e2
1~ per dwelling unit+in enclosed garage with a 10' x 20'
parking pad between access and garage2
2 per dwelling unit in an enclosed garage with a 20' x 20'
arkin ad between access and ara e2
K. Parking Standards for Non-residential Uses: The lack of required parking in the non-
residential districts was of obvious concern during the special meeting. As I stated during the
special meeting, applicants almost always provide more parking than is required by Code. The
individual business generally have a very good sense of how many parking spaces they will
need given their specific use and the size of their business. The more poignant question was
with regard to the Old Town District where the City has waived parking requirements with the
anticipation that MDC will provide some public parking at a later date. Staffhas worked with
Mr. Bowman ofMDC to propose a simple parking standard that could be easily administered
and would provide the opportunity to implement in-lieu fees within the Old Town District.
Consider amending Section ll-3C-6B with regard to parking standards for nonresidential uses.
"Thae shall he ne specified standswi lor r..::q1:Ûrct! off stFCct '..ehick par/dng spaces ./61'
noRFCsidcntial1:ises. The following standards shall avvlv for off-street vehicle varkinf? for
nonresidential uses: In all Commercial Districts and Traditional Neif!hborhood Districts the
requirement shall be one 0) space for every five hundred (500) square feet of gross floor area.
In all Industrial District the requirement shall be one 0) space for every two thousand (2,000)
square feet of gross floor area. "
L. Temporary Off-Premise Signs: Our current sign code does not accommodate off-premise
signs. After a discussion with a few property owners, staff thinks it may be appropriate to
allow a very limited amount of off-premise signs. We ask the Council to consider the
following amendments that would allow temporary off-premise signs that are no greater than
six square feet in area in Section ll-3D-6C. New subsection 5: Temvorary off-premise sign
that meets the following standards: a. A maximum of one 0) such sign per vropertv shall be
disvlaved at anv one time. The sig:n shall be considered as a temporary siw and shall be
included in the administration of Section 11-3D-6A6a. b. The background area shall not
exceed six (6) square feet. c. The applicant shall provide the notarized consent of the vrovertv
owner.
M. Private Street Standards: Staff is recommending modifications to the private street standards
to allow the Fire Marshal greater authority to require existing drives to be classified as private
streets. This will lead to better addressing of the structures. I have also modified the standards
to accommodate "mews" developments where the units face a common open space. These
changes are noted in Exhibit C. Both the Fire Department and Police Department have
reviewed these modifications.
N. Development along State and Federal Highway: As you know, the award-winning Process
Improvement Group (PIG) had input on nearly every aspect of the draft Unified Development
Code with only one exception. Shortly after completing the PIG-approved draft, an issue arose
with regard to development along federal and state highways. Staff worked with ITD staff and
the Planning Commission on the draft that is before you today. Since that time, I have met
with the PIG to discuss the draft language. There modifications are listed in Exhibit D. Staff
agrees with most of the recommended changes, but is still opposed to any access at the ?:í mile
location between section line roads. Additionally, staff questions whether the collector
frontage and/or backage road must be a collector street. Upon further discussion with ITD
staff, staff recommends additional edits. To try and simplify things, Exhibit D shows both the
PIG and staff recommended edits. Staff edits are shown as a double underline for additions
and strikeout for deletions. The PIG efforts are shown as a single underline and comment
boxes for deletions.
O. Separation Standards for Drive-through Establishments: This issue was raised as a
concern at the Special Meeting. Staff recommends the following modification to Section 11-4-
3.11: "A drive-through establishment shall be an accessory use where the location is not
within 300 feet o(another drive-throu,?h establishment or flecs Ret adjei1'l a residential district
or an existing residence. Otherwise a Conditional Use Permit is required. "
P. Comprehensive Plan Amendments: The current zoning ordinance and the proposed unified
development code do not include a purpose, applicability, process and findings for proposed
comprehensive plan amendments. The proposed language in Exhibit E would give staff better
tools to evaluate these requests. It also sets specific cut-off dates for those applications.
Q. Exhibits
Exhibit A-List of Proposed Changes
Exhibit B-Enforcement
Exhibit C-Private Streets
Exhibit D-Development along State and Federal Highway
Exhibit E-Comprehensive Plan Amendments
Exhibit F-Planning and Zoning Commission Staff Report
EXHIBIT A-LIST OF PROPOSED CHANGES
1.) Add Article H: Development along State and Federal Highways to Table of
Contents.
2.) Add new section on Code Enforcement: 11-1-10. Change all references to Section
6-1-6 to Sections 11-1-10 through 11-1-12. Discussed as substantive change.
3.) Modify all the dimensional standard tables for the residential districts to include
street landscaping buffers for collector and arterial streets. These were mistakenly
left off the tables when we relocated the street buffer standards. This is discussed
as a substantive change.
4.) Correct reference in ll-2B-2C to read: "Table 11-2B-ll."
5.) Modify Table 11-2D-l: Dimensional Standards in the TN-R District: remove all
standards and note as "reserved." This is discussed as a substantive change.
6.) Clarify measurement of clear vision triangle (Section 11-3A-5Al & 2): "the area
defined by measuring from the intersection of the edge of paì..'Cmcnt the travel lane
(excluding parking and sidewalk) a distance of.. " "...from the intersection of the
prfJpcrt)' tlt.ijtlccnt ÈÐ the rfJadway edf!e of the travel lane and the corner of the
driveway or allev twenty feet (20') along the roadway and ten feet (10') along the
driveway or allev. "
7.) Relocate fence standards for micro-paths and common opens space to Section 11-
3A- 7A7: Fences: Regulation for fences along micro paths and common open
space areas are set farth in Artiek B. LtNDSCArINC REQWREMENTS Scctiell 1! 3B
12 ef this Chaptcrbelow:
a. The developer is responsible for constructing fences ad;acent to micro
oath connections to distinf!uish common from private areas.
b. Fences ad;acent to micro vathwavs and common oven space shall be:
i. An open vision fence uv to six feet (6') in height. as it provides
visibility from adjacent homes or buildinfls; or
ii. If closed vision fencinfl is used. it shall not exceed four feet (4 ')
in height. This does not allow four feet (4') of closed vision fence with two
feet (2 ') of open vision fencing.
c. Intent: These restrictions are intended to avplv to interior common open
space areas and micro paths. Thev are not intended to avvlv to street
buffers or entrywav landscaping strips. These restrictions are not intended
to require fencing on interior common oven space.
8.) Delete Section ll-3A - 7 A 11 because it is no longer necessary: See Scctiel1 11 3A
8 fer tldditieHal fencing lWjlÛFCmCllt3 akmg pat:hv,'ays.
9.) Clarify residential fence standards in Section ll-3A- 7C2&3: "The maximum
fence height in the re(Juiredfront yard. " "On corner properties, the maximum
fence height in the street side vard shall be six feet (6') above the grade at the
property line, and the minimum setback shall be ten feet (10') from the street side
property line. See Figure 5..
10.) Delete fence regulations from multi-use and micro-pathways Section 11-3A-8G
because they have been relocated in the fence section. Subsection H will become
Subsection G.
Exhibit A--List of Proposed Changes page 1
11.) Add two subsections to 11-3A-10: Noxious Use: "G. Hazardous materials: All
hazardous material storage must comply with the regulations and standards of
the Fire Department. H Noise: Noise shall be subject to the provision of Section
6-3-6 of the Meridian City Code."
12.) Correct error on 11-3A-12B: "trash ];)dumpsters... "
13.) Change required width of parkway planter to reflect ACHD's concerns
regarding sidewalk maintenance and road maintenance over time: "E. The
minimum width of a-parkways shall be ~ffle-feet Œ.~'). The width can be
measured from the back of curb when it can he dcmellst-ratcd that where there is
no likelv eppertl:mity fer expansion of the street section within the right-ol-way.
The parkway width shall exclude the width of the sidewalk. Only Cmss II tl<ces
may he planted in p{ilrkways !lJSS than ten fret (1 (J ') in .....id(h. Class II trees are the
preferred varkwav trees. Class I and Class III trees mav be considered for
varkwav planters durin~ the landscape plan review. The Director shall evaluate
such trees for their suitabilitv as varkwav planter trees based on ultimate tree
canovv. root characteristics. and branchin~ heif!ht. The minimum parkwav
planter for Class I and Class III trees shall be ten feet (10'). F. The planter width
for Class II trees mav be reduced to six feet (6') if there are root barriers that are
a minimum of eighteen inches (18") below sub-grade ad;acent to the sidewalk
and a minimum oftwentv-four inches (24") below sub-grade ad;acent to the curb.
The root barriers shall extend two inches (2") above grade. " This is discussed as
a substantive change.
14.) Add standards for street tree placement to reflect ACHD's concerns regarding
sidewalk and road maintenance over time in Section ll-3B- 7C3: "d. Where street
trees are within a varkwav. thev shall be centered within the varkwav planter.
Where street trees are not within a varkwav. thev shall be off-set a minimum of
five feet (5') from the ed~e of sidewalk." This is discussed as a substantive change.
15.) Correct error onll-3B- 7C5a: "Authority's .§five-year..."
16.) Clarify when parking lot reconstruction is required in Section ll-3B-8. Add
statement to non-conforming use definition to include nonconforming parking lot
design and landscaping standards. Delete 11-3B-8B2. The thresholds for
conforming to the new standards are the same, so this is not discussed as a
substantive change.
17.) Correct error on Il-3B-8B2b: "PJ2erimeter and Rrjght-ol-way blandscaping"
18.) Re-title and amend Section 11-3B-9: LANDSCAPE BUFFERS TO
RESIDENTIAL AND NON-INDUSTRIAL BET'HEEN Lf~ND USES:
Subsection A: Purpose: The requirements in this section shall apply to the
landscape buffer to residential uses Table ll-2B-3 and the landscape buffer to
non-industrial uses Table 11-2C-3.
19.) Remove redundancy in Section ll-3B-IIC1&6: "The maximHffl swpc shall he
J.:-J-." "Slopes shall be less than or equal to 3: 1 {horizontal: vertical} for
accessibility and maintenance. "
20.) Clarify sand as acceptable material in Section ll-3B-I1C3: "Gravel, rock, sand.
or cobble..."
21.) Correct number format in Section 11-3B-llC7: "within twentv-four (241
hours..."
Exhibit A--List of Proposed Changes page 2
22.) Correct reference in Section 11-3B-12C8: "See Section 11-3A-Z8G ... "
23.) Add reference to sidewalks with regard to ADA compliance: "to ensure that the
parking lot design and sidewalk and/or access provisions meetfJ.... "
24.) Consider amendment to Table ll-3C-2: REQUIRED PARKING SPACES FOR
RESIDENTIAL USE: Currently requires two off-street parking in an enclosed
garage for multi-family units with more than 1 bedroom. Also consider
requirement for guest parking facilities. Discussed under substantive changes.
25.) Consider amendment to Section ll-3C-6B with regard to parking standards for
nonresidential uses. "Thcr-e shall be ne specified sfflnd3r.s fer rcfj1:drcd off street
vehick parking spaces fer He1U'CrSidcntial1:tscs. The followinf! standards shall
avvlv for off-street vehicle parkinfJ for nonresidential uses: In all Commercial
Districts and Traditional Nei~hborhood Districts the requirement shall be one (J )
space for every five hundred (500) square feet of f!ross floor area. In all
Industrial District the requirement shall be one (J) space for every two thousand
(2.000) square feet of gross floor area. " Discussed under substantive changes.
26.) Correct references in Section ll-3D-3J: Off-premise signs, except as permitted
in Sections 11-3D-6Cl:A6, 11-3D-8GD, and 11-3D-2..8H. "
27.) Add provisions for a 15 day temporary sign pennit in Section ll-3D-6A6a: "for
fifteen (J 5). thirty (30), sixty (60), or ninety (90) day time periods. "
28.) Consider allowing temporary off-premise signs that are no greater than six
square feet in area in Section 11-3D-6c. New subsection 5: Temporary off-
premise sign that meets the followinf! standards: a. A maximum of one (1 ) such
sign per vrovertv shall be disvlaved at anv one time. The sign shall be considered
as a temporary sign and shall be included in the application of Section 11-3D-
6A6a. b. The background area shall not exceed six (6) square feet. c. The
applicant shall provide the notarized consent of the vrooertv owner. Discussed
under substantive changes.
29.) Amend Section 11-3D-8D4: "Lighting: Direct illumination signs are prohibited,
except that neon mav be permitted if contained within channel letters or
racewavs. Skeleton neon is not vermitted." Also amend the definition of
"illumination, direct" by adding the phrase "This definition shall include exposed
neon lights and tubing. "
30.) Remove Figure 1 O. Figures 11 and 12 portray identical information.
31.) Consider amendments to the private street requirements in Chapter 3 Article F
to increase the authority of the Fire Marshal and to address "mews" developments
similar to that proposed for the "Parkside Units" in the Messina Meadows.
Discussed under substantive changes.
32.) Consider amendments to Chapter 3 Article H: DEVELOPMENT ALONG
FEDERAL AND STATE HIGHWAYS as proposed by the Process Improvement
Group. Discussed under substantive changes.
33.) Consider separation standards for drive-through establishments in Section 11-4-
3.11: "A drive-through establishment shall be an accessory use where the location
is not within 300 feet of another drive-through establishment or JÐC8 net adjein a
residential district or an existing residence. Otherwise a Conditional Use Permit
is required. " Discussed under substantive changes.
Exhibit A--Líst of Proposed Changes page 3
34.) Remove size standards for schools in Section 11-4-3.13D: "The desirabk size
fOr ethteaUel1 i1'lsUmtien shmÛd he éls/ølkJìvs: Ek1'l'lCl1far)': 61,000 kJ 71,000
square feet; }.1iddk Schoel: 120,000 te 1.30,000 sqbla¡<c .kct; and High School:
250,000 kJ 260,000 squS1<c.fcet.
35.) Take out requirement that adult entertainment establishment maintain a buffer
from a park or public building in Section ll-4-3.151d. Such separation standards
are not supported by state law.
36.) Modify text with regard to decision-making authority: "In the case of
concurrent applications a perl'nit requiring action from more than one decision
body, the applications JJcrmits shall be combined and the decision-making body
with the highest authority shall be responsible for all decisions (excludinf!
variance and vacation applications. "
37.) Modify table to be consistent with text and current practices with regard to
decision-making authority.
APPLICATION RECOMMENDING BODY DECISION.MAKING BODY PROCESS
Accessory use for day care family None D N
Accessorv use. home occuDation with None Q t:!
customers or clients
Accessory use, home occupation with None D A
no customers or clients
Comorehensive Plan Amendment PZ CC PH
Director modification to an aDDroved None Q 6
conditional use
. .- - " C'_-- .. --..I -.----- -- :-:.: ~I
Time extension Director None D A
Time extension. Commission or Council Q Same decision-maker as PH
initial aooroval
Plat. final modification to note D CC A
Plat, final D CC A-PM
Vacations, all others D CC PMPM
Check on others. Add PM = Public Meetina to notes section,
Table ll-5A-l: DECISION-MAKING AUTHORITY BY APPLICATION:
38.) Add sub-section on administrative notice: ll-5A-4A: "Where notice is required.
the Director shall notifv vrovertv owners within 100 feet of the subiect vrovertv. "
The existing sub-sections would be renumbered.
39.) Add new Section on Comprehensive Plan Amendments as 11-5B-3. Following
sections would be renumbered. This is discussed as a substantive change.
40.) Take out unnecessary word in Section ll-6B-5Ac: "...on pr-apcrtypreviously
platted property... " and add a common to Section ll-6B-5Ad: "No new street
dedication, excluding widening of an existing stree( is involved."
41.) Add new Section ll-6C-3B5: "Alleys: Alleys in the TN-R District shall be as
set forth in Table 11-2D-l. All other alleys shall have a twenty-foot (20') right-ol-
way and shall be paved. "
42.) Allow for common driveways to be approved at final plat stage in Section 11-
6C-3D7: "For any plats using a common driveway, the setbacks, building
envelope, and orientation of the lots and structures shall be shown on the
preliminary and/or final plat. "
Exhibit A--List of Proposed Changes page 4
43.) Figures are currently numbered consecutively, but tables are not. Renumber
Figures to include the title, chapter, article, and number reference. For example,
Figure 11 would become Figure 11-3D-2.
Exhibit A--List of Proposed Changes page 5
EXHIBIT B-ENFORCEMENT
11-1-10:
VIOLATIONS:
A.
It is a violation of the Unified Development Code for any person to initiate or
maintain or cause to be initiated or maintained the use of any structure. land or
real property within the City of Median without first obtainina proper permits or
authorizations required for the use bv this Title.
B.
It is a violation of the Unified Development Code for any person to use. construct.
locate. demolish or cause to be used. constructed. located. or demolished any
structure. land or property within the City of Meridian in any manner that is not
permitted bv the terms of any permit or authorization issued pursuant to this Title
or previous codes.
C.
It is a violation of the Unified Development Code for any person to not comply
with specific conditions of approval as stated in a Certificate of Zonina
Compliance. Conditional Use Permit. Final Plat. or Planned Development as set
forth in this Title.
D.
It is a violation of the Unified Development Code to misrepresent any material
fact in any application. plans or other information submitted to obtain any land
use authorization as set forth in this Title.
E.
It is a violation of the Unified Development Code for anyone to fail to comply with
the requirements of the development code. as set out in the specific sections of
this Title.
11-1-11:
CODE ENFORCEMENT:
A.
Dutv to Enforce:
1. It shall be the duty of the Plannina Director to interpret this Title.
2. It shall be the duty of the Code Enforcement Division of the Police Department to
enforce the reaulations of this Tile. as set forth in Section 6-1-6 of the Meridian
City Code. Code Enforcement officers may call upon the services of the plannina.
fire. parks or other appropriate city departments to assist in enforcement.
3. It is the intent of this Title to place the obliaation of complvina with its
requirements upon the owner. occupier or other person responsible for the
condition of the land and buildinas within the scope this Title.
B.
Investiaation:
1. The code enforcement officer shall investiaate any structure or use which he or
she reasonablY believes does not comply with the standards and requirements of
this Title.
Exhibit B-Enforcement page 1
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 separatelv 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 ciyil penalties.
3. The notice shall be served upon the owner. tenant or other person responsible
for the condition by personal service. registered mail. or certified mail with return
receipt requested addressed to the last known address of such person. If. after a
time and effort is made to serve or mail notice without success. then notice may
be made by publication in the newspaper of record for the City 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.
C.
Extension of Compliance Date:
1. The Planning Director may grant a reasonable extension of time for compliance
with any notice or order. whether pending or final. upon finding that substantial
progress toward compliance has been made and that the public will not be
adversely affected by the extension. Such extension of time shall not exceed one
hundred and eighty (180) days.
2. An extension of time may be revoked by the Planning Director if it is shown that
any of the following are true: the conditions at the time the extension was granted
haye changed. the Code Enforcement officer determines that a party is not
performing corrective actions as agreed and so notifies the Planning Director. or
if the extension creates an adverse effect on the public. The date of revocation
shall then be considered as the compliance date.
11-1-12:
PENAL TIES:
A.
A violation of the provisions of this Title is declared a Misdemeanor. Any person
violating or failing to comply with any of the provisions of this Title shall be
subiect to criminal prosecution and upon conviction shall be fined in a sum not
exceeding one thousand dollars ($1.000.00) or be imprisoned for a term not
exceeding six (6) months or be both fined and imprisoned. Each day of
noncompliance with anv of the provisions of this Title shall constitute a separate
offense.
B.
Notwithstandina the provisions of Subsection A above. the City Attorney. at his or
her sole discretion. may civilly prosecute any violation of this Code and seek all
available remedies that may include. but are not limited to abatement of the non-
compliant conditions. revocation of existing permits for non-compliance. civil
damages for enforcement. or any other remedy as allowed by law.
Exhibit B-Enforcement page 2
c.
The City may file a lien ueon any real eroeertv owned bv convicted eerson if they
fail to comely with the eenaltv as set forth in this Section.
Exhibit B-Enforcement page 3
EXHIBIT C-PRIVATE STREETS
Add definition: mew: Dwelling units built around a common open space area or court
where the units face the open space area and are aenerallv not accessed from a public
street.
11-3F-1: PURPOSE: The regulations of this Article are intended to provide better
circulation and safety within commercial, industrial, mew, and multifamily developments by
establishing a clear emergency vehicle travel lane and private street name addressing for
properties that do not have internal public roads. It is not the intent to approve private streets for
single-family, duplex and/or townhouse developments other than those that create a common
mew throuah the site desian. The applicability may be extended where the Director or Fire
Marshal determines that private streets will enhance the safety of the development. The Fire
Marshal mav require desianation of a private street within existinq developments where it is in
the best interest of the public safetv and health to be able to better locate a aiven propertv in the
event of an emeraency.
11-3F-2: APPLICABiliTY: The provisions of this section shall apply to any properties that
do not have frontage on a public street or where frontage is not required.
11-3F-4: STANDARDS: All private streets shall be designed and constructed to the
following standards.
A.
Design standards:
1. Easement: The private street shall be constructed on a perpetual ingress/egress
easement or a single platted lot that provides access to all applicable properties.
2. Connection point: Where the point of connection of the private street is to a public
street, the private street shall be approved by the Transportation Authority.
3. Emergency vehicle: The private street shall provide sufficient maneuvering area for
emergency vehicles as determined and approved by the Meridian Fire Department.
4. Gates: Gates or other obstacles shall not be allowed.
B.
Construction standards:
1. For conversion of an existina facilitv to a private street at the direction of the Fire
Marshal:
a. All drive aisles shall be posted as fire lanes with no parkina allowed.
b. If a curb exists next to the drive aisle. it shall be painted red.
2. For all other private streets:
Exhibit C-Private Streets page 1
a. Roadway and storm drainage: The private street shall be constructed in accord
with the roadway and storm drainage standards of the Transportation Authority or
as approved by the City of Meridian based on plans submitted by a certified
engineer.
b. Street width: The private street shall be constructed within the easement and
shall have a travel lane width of twentv-four (24) feet or twenty-six (26) feet as
determined by the Fire Marshal relative to the height and size of the proposed
structures that adioin the private street.
c. Sidewalks: A five-foot (5') attached sidewalk or four-foot (4') detached sidewalk
shall be provided on one side of the street in commercial districts. This
requirement may be waived if the applicant can demonstrate that an alternative
pedestrian path exists.
d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In
addition, if a curb exists next to the drive aisle, it shall be painted red.
2. Alternative compliance: Upon recommendation of the City Engineer and Fire Marshall,
the Director may approve, or recommend approval of alternative design or construction
standards when the applicant can demonstrate that the proposed overall design meets
or exceeds the intent of the required standards of this Article and shall not be
detrimental to the public health, safety, and welfare.
Exhibit C-Private Streets page 2
EXHIBIT D-DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS
ARTICLE H.
11-3H-1:
11-3H-2:
11-3H-3:
11-3H-4:
11-3H-5:
SECTIONS:
PURPOSE
APPLICABILITY
PROCESS
STANDARDS
REQUIRED FINDINGS
11-3H-1: PURPOSE: The regulations of this Article are intended to achieve three
purposes: 1) limit access points to fader:!1 and state highways in order to maintain traffic
flow and provide better circulation and safety within the community and for the travelinq I
public, 2) to preserve right-of-way for future highway expansions, and 3) design new
residential development along foderal and state highways to mitigate noise impacts
associated with such roadways.
11-3H-2: APPLICABILITY: The following standards shall apply to all development
along fedoral and state highways, including but not limited to State Highway 69, State
Highway 55, State Highway 20-26, and Interstate 84. The following standards shall also
apply to development along McDermott Road from Chinden Boulevard to Interstate 84
as the City of Meridian's preferred location for a future highway right-of-way for the State
Highway 16 extension. If the Idaho Transportation Department (ITD) determines an
alternate location for the State Highway 16 extension, these standards shall apply to the
ITD determined location.
11-3H-3: PROCESS: Staff shall review all development applications for compliance
with these standards. The decision making body may consider and apply modifications
to the standards of this section upon specific recommendation of the Idaho
Transportation Department.
11-3H-4:
STANDARDS:
A.
Access to 1-84 and McDermott Road (or future Highway 16 extension ): no access I
shall be allowed except at specific interchange locations as established by the
Idaho Transportation Department.
B.
Access to State Highway 69, State Highway 55, and State Highway 20-26:
1. Use of existing approaches shall be allowed to continue provided that all of the
following conditions are met:
a. The existing use is lawful and properly permitted effective XX [insert date of
the adoption]
b. The nature of the use does not change (for example a residential use to a
commercial use).
Exhibit D-Development along State and Federal Highways page 1
c. The intensity of the use does not increase (for example an increase in the
number of residential dwelling units or an increase in the square footage of
commercial space).
2. If an applicant proposes a change or increase in intensity of use, the owner
shall develop or otherwise acquire access to a street other than the state
highway. The use of the existing approach shall cease and the approach shall
be abandoned and removed.
a. No new approaches directly accessing a state highway shall be allowed.
b. Public street connections to the state highway shall only be allowed at:
i.
the section line road; and.
ii. the half-mile mark between section line roads. These half-mile connectina
streets shall be collector roads. +-aM
iii. if ::Ipproved by ITD, tho qu::lrter mile mark botwoon section line roade: I
where the applic::lnt haG 3greed to dedicate and construct sufficient are3
for ::In aaaeleratiÐFI and docolor3tion lane. Such quartor mile accese
points sh::lll be restricted ta "riqht in. riqht out" turninq movamante. "Left
in" turninq mavomontc: m::lY be considered where thore 3ra medi3n
barriers constructod to prevent "left aut" movomonts.
3. The applicant shall construct a collector street. aenerallv Darallelina the state
hiah. be desianed to accommodate provide future connectivity and access to
all properties fronting the state highway that lie between the applicant's
property and the nearest section line road and/or half mile collector road. The
intent is to provide for future connectivity and access to all properties fronting
the state highway that lie between the applicant's property and the nearest
section line road and/or half-mile collector road. The street shall be designed to
collect and distribute traffic.
a. The applicant shall be responsible to construct the segment of the colloctor
maG street within the applicant's property. This standard is not intended to
require off-site improvements.
b. The collector street shall meet the collector road standards of the Ada County
Highway District.
c. The street shall connect to the section line road at a distance that is no closer
than 660 (as measured from center line to center line) from the intersection
with the state highway.
d. The collector street shall provide buildable lots between the highway and the
collector road. For the purposes of this Article, such streets shall be termed
backage roads. I
Exhibit D-Development along State and Federal Highways page 2
e. Frontage streets or private streets may be considered by the Council at the
time of property annexation or through the conditional use process. Frontaae
streets and Drivate streets shall be limited to areas where there is sufficient I
access to surroundinq properties and a Dublic street is not desirable in that
location.
C.
Design and construction standards for state highways:
1. The applicant shall have an approved permit from the Idaho Transportation
Department for construction of any access to the state highway and/or any
construction done in the highway right of way.
2. The width of right-of-way reservations shall be as set forth bolow or as required
by the ITD (whichever sotbaol< is greater). All future right of W3YC width!> shall
be measured from tho oxi!>ting center ¡¡no of tho highway.
::I.8tate Highway 20 26. Tho applicant sh::lll roeorve or dedicate eighty (ivo foot
(85') for future highway right of way. As the stato highway nears intersoctions
of section line ro::lds or half milo E:oction line collector ro::ldE:, tho applicant
E:h311 roeerve or dedio::lto ::tn additional fiftoen foot (15'), for a tab I of one
hundred feet (100'), for a distance of fivo hundred (500') me3sured from the
conterline of the section lino road and/or h::llf milo Gection line collector road.
b.State Highway 69 and State Highway 55. As the stato high'Nay nears
intorGoctions of ~:;ootion lino roads or half mila soction line collector road£;, the
applic::lnt shall re!>erve or dedicato one hundred foot (100'), for a disbnco of
five hundred (500') moaGured from tho contorline of tho Goction line road
and/or half mile section lino collector road.
3. Along State Highway 55, the applicant shall be responsible for constructing a
ten-foot (10') multiuse pathway with a Dublic use easement and installing
streetlights and landscaping consistent with the Eagle Road Corridor Study.
4. Alana Hiahwav 69. the aDDlicant shall be resDonsible for constructina a ten-foot
(10') multi-use oathwav with a Dublic use easement.
4.^long 8t3tO Highway 69 and St::lto Highway 20/26, the applicant £;hall con£;truct a
minimum ton foot (10') wide asphalt multi use pathway out!>ide the public right
of way and ::Ipproximatoly parallel to the state highway. The pathway chall
moot City of Meridian docign and construction requirementc for a multi use
pathway. Portionc of the pathway may be oonstructod within the right of way
with a IicenE;e agreement from lTD.
D.
Noise abatement for residential uses along federal and state highways:
1. The applicant shall provide traffic noise abatement by constructing a berm or a
berm and wall combination approximately parallel to the federal or state
highway.
Exhibit D-Development along State and Federal Highways page 3
2. The top of the berm or berm and wall in combination shall be a minimum of ten
feet (10') higher than the elevation at the centerline of the feder31 or state
highway.
3. If a wall is proposed, the wall shall meet the following standards:
a. Wall materials shall be impervious concrete or stucco or other appropriate ï I
unlees othorwise approved by tho Id;Jho Tr:mcport3tion Dep:)rtmerÍt 3S ;J
sound attenuating material.
b. Intermittent breaks in the berm or berm and wall in combination will degrade
the function and shall not be allowed.
c. The applicant shall not construct a monotonous wall. In order to achieve this
standard, the applicant may choose one or both of the following variations:
i.
The color and/or texture of the wall shall be varied every 300 linear feet.
This could include murals or artwork.
ii. The wall shall be staggered every 300 linear feet subject to Section 11-
3H-4D4 above that prohibits breaks in the wall.
iii. Tho 3pplic;Jnt m3Y provido ::m :)ltorn:Jtivo th3t moots or oxcoodc tho intont
of this st;Jndard through the bndsc;Jpe ^Itern:)tivo Compli;Jnco
procoduroc sot forth in Ch3ptor 5 ADMINISTr1ATION of this Titlc.
4. The Director may approve alternative compliance as set forth in Chapter 5
ADMINISTRATION of this Title where the applicant has a substitute noise
abatement proposal in accord with th:Jt h;JC boon :Jpprovod by tho ITD
standards and precared by a qualified sound enaineer.
Definitions: Approach: an access from a foder:)1 or state hiqhway. The access may be a
driveway. common drive. private street. or a commercial/industrial drive aisle.
Exhibit D-Development along State and Federal Highways page 4
EXHIBIT E-COMPREHENSIVE PLAN AMENDMENTS
11-58-7: COMPREHENSIVE PLAN AMENDMENTS:
A.
Purpose: The purpose of this section is to establish procedures for
amendments to the text and map components of the adopted
Comprehensive Plan of the City of Meridian.
B.
Applicability: The proyisions of this section shall apply to any
Comprehensive Plan Amendment application.
C.
Process:
1. Comprehensiye Plan Amendment initiated bY the City. The Plannina
and Zonina Commission may proPose to amend the Comprehensive
Plan followina notice and public hearina procedures in Article A.
GENERAL PROVISIONS of this Chapter and the hearing procedures in
Section 67-6509 of the Idaho Code.
2. Comprehensive Plan Amendment initiated by a property owner. The
applicant shall complete a pre-application conference with the Director
prior to submittal of an application for a Comprehensive Plan
Amendment. An application and fees. in accord with Article A.
GENERAL PROVISIONS of this Chapter. shall be submitted to the
Director on forms provided by the Department.
3. The application deadlines for amendments to the Land Use Map
component of the Comprehensive Plan shall be June 15 and
December 15 of every Year. Amendments to the text component of
the Plan may be submitted at any time. The Commission may
recommend amendments to the Land Use Map component of the
Comprehensive Plan not more frequently than every six (6) months.
Amendments to the text of the Comprehensiye Plan may be
recommended by the Commission at any time.
4. The Commission. prior to recommendinQ the adoption. amendment.
or repeal of the Comprehensive Plan to the Council. shall conduct at
least one public hearina in accordance with Article A. GENERAL
PROVISIONS of this Chapter and in accordance with the procedures in
Section 67-6509 of the Idaho Code.
D.
Required Findings: Upon recommendation from the Commission. the
Council shall make a full investiaation and shall. at the public hearina.
review the application. In order to Qrant an amendment to the
Comprehensive Plan. the Council shall make the following findinQs:
1. The proposed amendment is consistent with the other elements of the
Comprehensiye Plan.
Exhibit E-Comprehensive Plan Amendments page 1
2. The DroDosed amendment Drovides an imDroved quide to future
arowth and develoDment of the citv.
3. The DroDosed amendment is internally consistent with the Goals.
Objectives and Policies of the ComDrehensive Plan and the
ComDrehensive Plan Land Use MaD.
4. The DroDosed amendment is consistent with the Unified DeveloDment
Code.
5. The DroDosed amendment is in the best interest of the City of
Meridian.
Exhibit E-Comprehensive Plan Amendments page 2
MAYOR
Tammy de Weerd
)
c::M'e;;di~
IDAHO
CI1Y HALL
(208) 888-4433 - Fax 887-4813
",t.,.
~I
\'
V
i
/
PUBJJC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - I'a.,898-9551
OIT COUNCIL MEMBERS
Kcith Bird
Christine Donne]]
Shaun Wardle
Charles M. Rountree
LEGAL DEPARTMENT
(208) 888-4433
"" ~ ,,'lNeE'
, 190J
STAFF REPORT:
P&Z Hearing Date: April 18, 2005
Transmittal Date: April 14, 2005
To:
Chairman Zaremba and Members of the Planning and Zoning Commission
From:
Anna Borchers Canning, AICP
Planning Director
Subject:
Unified Development Code
Overview:
On Monday April 18, 2005, the Planning and Zoning Commission will hold a public hearing
on the proposed Unified Development Code. The proposed code replaces in entirety Tide
11 ZONING REGULATIONS and Tide 12 SUBDIVISION AND DEVELOPMENT of the Meridian
City Code. Authority for adoption of the Unified Development Code is found in State of
Idaho Code §65-67. The Planning and Zoning Commission's responsibility to the City
Council for a recommendation on the Code is established by Meridian City Code Tide 2.
This staff report reviews background in preparation of the proposed code, major highlights,
required findings and a chapter by chapter review of the proposed code's content.
Background:
In August 2002, the City of Meridian adopted a new Comprehensive Plan, setting the future
course for growth and development within the City of Meridian and the Area of City
Impact. The existing zoning and subdivision regulations for the City do not fully support or
carry out the direction as set forth in the Comprehensive Plan. In addition, the existing
codes are archaic, internally inconsistent, subject to interpretation, and complex in
administration. A thorough update of the codes provides an opportunity to better support
the Comprehensive Plan, as well as provide a tool that is more relevant and contemporary to
the needs of the City.
In December 2003, the Planning Department staff, with assistance from a consultant, began
a comprehensive review of the zoning and subdivision codes. A draft of the new unified
development code was prepared in April 2004 and transmitted to the Process Improvement
Exhibit F~Planning and Zoning Commission Staff Report page 1
Group; a group appointed by the Mayor with representatives from the development
community, an architect, an engineer and the Planning and Zoning Commission chair. The
Process Improvement Group reviewed the proposed code page by page and line by line,
recommending changes and analyzing the effects of the code on individual properties. The
group also heard presentations from City staff, a multi-family developer, and the school
district. From the group's review over a seven-month period, changes to the draft code were
made and presented to the Planning and Zoning Commission in two workshops beginning
in February 2005. The comments of the Planning and Commission review have been
incorporated into the draft code that was available for public review on April 4, 2005.
Major Highlights of new Unified Development Code:
1. Comprehensive Plan Implementation - The new Unified Development Code (UDC)
implements the adopted Comprehensive Plan in several ways. First, the zoning
districts are brought into line with the land use designations shown on the
Comprehensive Plan Land Use Map. Seven zoning districts not used or duplicative
to other regulations or districts have been eliminated. The R-3 District has been
combined with the R-2 District.
Three new districts have been created: Heavy Industrial (I-H), Traditional
Neighborhood Center (TN-C) and Traditional Neighborhood Residential (rN-R).
The last two districts have been created specifically to implement the provisions of
the Comprehensive Plan for mixed use centers and neighborhoods.
Second, the standards for development have been amended to reflect the current
needs of a more urbanized community. Connection to public services is a pre-
requisite to development in all districts. Amenities including open space, landscaping
and sidewalks are requirements to create more livable and sustainable
neighborhoods.
Third, dimensional standards for residential districts have been amended so that
there is a reasonable expectation that the density that is allowed within each district
can be achieved. This is an important change to carry out the intentions for density,
development patterns, and opportunities for transit as set forth in the
Comprehensive Plan.
Fourth, policies for the re-vitalization of the downtown have been reinforced
through allowing more intense and compact development in the downtown,
eliminating the requirements that all uses are subject to a conditional use permit and
changing the focus of review to design.
2. Standards - Standards for uses have been more thorougWy considered and clearly
defined. Unnecessary and archaic standards have been eliminated. Regulations that
apply in all districts are organized in Chapter 3. Regulations that apply to specific
uses are contained in Chapter 4.
Exhibit F~Planning and Zoning Commission Staff Report page 2
Standards for form and design have been introduced. New design standards have
been drafted for large scale structures. Greater focus is on standards of performance
over prescriptive requirements. Through the comprehensive, up front identification
of standards, the processing and decisions on permits will be more predictable,
consistent and expedient.
3. Responsibilities - With the more explicit statement of standards and regulations, the
number of uses subject to a conditional use permit has been reduced; the
responsibility has shifted from the City Council to the Planning and Zoning
Commission. This will allow the Council more time for other City projects and
concerns. Likewise, the responsibility for minor actions has shifted to the Planning
Director. This will allow the Planning and Zoning Commission to focus on major
planning projects; it also provides more expedient processing time on minor
applications.
4. Format- As added to and amended over time, the existing codes are contained within
2 titles and 22 and 12 chapters, respectively. New sections were added to the end and
not integrated into the existing code. The format within the chapters is inconsistent
and unorganized making it difficult to find information. The new format combines
the two titles into one unified code, with six chapters organized around subject areas
and that follow a consistent format. A new table of content has also been included.
5. Housekeeping- Content within the existing codes is duplicative, overlapping and
inconsistent. Terms are used but not defined and some words are deEmed but not
used. Through the comprehensive update in the new unified code, all of these
content and deflnition issues have been cleaned up.
Chapter Review:
Chapter 1 GENERAL PROVISIONS- This chapter has three sections. The first section sets
forth the purpose of the code, scope and content, applicability and interpretations. The
section specifies how pending applications will be processed with adoption of the new code.
How terms are applied, measurements are made and conflicting interpretations resolved is
also described in this section. Finally, this section outlines a process for determining if a use
should be allowed when that use is not listed on the use charts.
Article A. contains definitions of terms and uses. The North Amerkan Industrial Classifìmtion
System (NAICS) published by the United States Department of Commerce has been used as
a guide in def111ing uses.
Article B. describes how nonconfonning property, uses and structures shall be treated.
Chapter 2 DISTRICT REGULATIONS - This chapter has four articles; one each for
residential, commercial, industrial and traditional neighborhood districts. Each article follows
the same format describing the purpose for the districts, allowed uses, and standards.
Exhibit F-Planning and Zoning Commission Staff Report page 3
Allowed uses are listed in a chart as permitted, accessory, conditional or prohibited. An
asterisk provides a reference point for those uses that are subject to standards contained in
Chapter 4. The use charts contain some new and emerging uses; for example, flex space,
vertically integrated residential projects, and urban farm.
Article A. addresses residential districts. The use charts specify that multi-family dwellings
may be allowed in the R-4 and R-8 Land Use Districts when included in a Planned Unit
Development (PUD). Dimensional standards have been amended to accommodate different
types of residential units and property configurations. Minimum house size requirements as a
percentage of an overall development have been eliminated. In drafting the dimensional
standards for residential uses, a lot of care was taken to ensure that density established for
the residential district could be achieved.
A1:ticle B. and C. set forth provisions for commercial and industrial districts, respectively.
The allowed uses for the commercial and industrial districts have been specified to be
consistent with the purpose and desired location for each district. Some lesser intensive uses
have been excluded in these districts to preserve the intent of the district. Landscape buffers,
formerly in the landscape code, have been incorporated into the dimensional standards for
both commercial and industrial uses. Height has generally been increased in the commercial
districts and additional height can be achieved through the provision of amenities or through
a conditional use pennit process.
Article D. is the Traditional Neighborhood Districts which include the Old Town District
(0-1) as well as the two new Traditional Neighborhood Center (TN-C) and Traditional
Neighborhood Residential (TN-R) districts. These districts encourage a mix of uses in a
compact and more traditional neighborhood form. There is greater flexibility in the allowed
uses and dimensional requirements than in the standard districts, but there are specifications
that these districts be well integrated through pedestrian connections and a street grid
system. This Article also establishes a new administrative design review process for all new
construction and exterior modifications in the Old Town District.
Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS - This chapter is organized into
seven articles. A1:ticle A is regulations in all districts in an alphabetical listing of twenty three
subject areas from "accumulation of junk" to "utilities". Regulations formerly appearing in
the landscaping and subdivision codes have been amended and included in this section.
These include: SIDEWALKS AND PARKWAYS, PUBLIC WATER SUPPLY AND SEWER SYSTEMS,
l\fULTI-USE AND MICRO PATHWAYS, DITCHES, U.1ERALS, CANALS OR DRAINAGE COURSES;
STORM DRAINAGE; and UTILITIES. A new section, STRUCTURES SUBJECT TO DESIGN
STANDARDS sets forth building and site design standards for larger structures within certain
districts.
Article B. is the former Landscaping Code. This section has been re-organized and much of
the content remains the same except for those sections that now appear in other sections of
the Code.
Article C. is standards for off-street parking and loading. The most significant change in this
article is the elimination of the chart of minimum parking requirements for non-residential
uses. Parking requirements will be determined based on the specific use, location, and
Exhibit F-Planning and Zoning Commission Staff Report page 4
availability of alternative transportation modes as determined by the Director.
Article D. is standards for signs. Since sign regulations have been recently amended, there
are few changes. Other than organization and fonnat, the most significant changes are for
temporary sign requirements.
Article E. is a new section on temporary uses. General standards as well as specific standards
for particular types of temporary uses are identified.
Article F. is standards for private streets. Private streets are allowed for commercial,
industrial and multi-family uses. Private streets for other residential developments are limited
to only what is needed for safety.
Article G. contains new provisions for common open space and site amenity requirements
applicable to all residential development. Minimum open space requirements are established
and additional site amenities dependent on the size of the development are specified. Street
buffers may qualify as a certain percentage of the open space requirement.
Chapter 4 SPECIFIC USE STANDARDS sets forth specific use standards for forty three of the
uses identified in the use charts. The article identifies minimum standards, as well as specifies
for some uses, the threshold when a conditional use permit is required. Of particular interest
are the standards for DRIVE THROUGH ESTABLISHMENTS; DWELLING UNIT, SECONDARY;
HOME OCCUPATION; MULTI-FAMILY DEVELOPMENT; AND VERTICALLY INTEGRo.'\TED
RESIDENTIAL PROJECT.
Chapter 5 ADMINISTRATION has three articles. Article A. is general provisions which
outline the duties and responsibilities of the City Council, Planning and Zoning Commission
and Director in the administration of the Code. The application, administrative, public
hearing, and city council review processes are described. Table 11-5A-1 provides a summary
of all pennits or actions, which authority is responsible for the decision and the process for
the decision.
Article B. sets forth the specific requirements for certificate of zoning compliance,
development code amendments, alternative compliance, variances and conditional uses. For
each, the purpose of the pennit, applicability, process, standards, and required findings are
identified. These are provisions that formerly were located in various sections throughout
Titles 11 and 12.
The alternative compliance process, first adopted as part of the landscape code, has been
expanded to other provisions where alternative methods can achieve the same or superior
level of compliance as the code requirement. Table 11-5A-1 is a summary of the
requirements that may be met through alternative compliance.
Article C. describes the purpose, applicability, and process for surety agreements.
Chapter 6 SUBDIVISION REGULATIONS is contained in three articles. Article A. outlines the
purpose, applicability and authority for regulation of subdivisions.
Exhibit F-Planning and Zoning Commission Staff Report page 5
Article B. describes the subdivision process. Four separate processes are included:
PRELIMINARY PlAT, FINAL PlAT, COMBINED PRELIMINARY AND FINAL PlAT, AND SHORT
PlAT. A short plat is a new process applicable to commercial, industrial, TN-C, and 0-1'
districts under specific and limited circumstances. This article also establishes the required
findings for approval of plats, time limits for recording a final plat, and property boundary
adjustment process and standards.
Article C. sets forth the subdivision design standards for streets, driveways, easements and
blocks. A cross reference to other standards contained in Chapter 3 that apply to
subdivisions is also provided.
Chapter 7 PLANNED UNIT DEVELOPMENT establishes the applicability, process, standards,
required findings, conditions, and term of permits for planned unit developments. The
purpose reinforces the intent of PUD to be the exception to subdivisions and not to be a
tool for deviation from the standards in the district. The provisions allow that a specific
conditional or accessory use(s) not otherwise allowed in the district, be allowed as principal
permitted use(s) and that deviations from the zoning requirements for dimensional standards
are not allowed on the periphery of the district.
Zoning Amendment Findings:
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the
P&Z Commission and City Council are required "to review the particular facts and
circumstances of each proposed zoning amendment in terms of the following standards and
shall find adequate evidence answering the following questions about the proposed zoning
amendment."
The following is the list of standards found in Meridian City Code 11-15-11 and analysis of
the proposed Unified Development Code by staff:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
Staff finds the Zoning Amendment application complies with and furthers the goals
and objectives of the 2002 Comprehensive Plan. There are a number of actions called
for in the Plan which the existing Zoning Ordinance either does not allow or are made
easier to accomplish through the proposed amendment. Specific Objectives and
Actions that support the proposed amendment are listed below:
Chapter IV
. Goal I, Obj. B, #2 - Amend zoning ordinance and map to ensure wide variety of
housing types can be developed and properly zoned and land is available.
. Goal II, Obj. C, #3 - Allocate and identify locations/inventory for industrial and
commercial business parks.
Exhibit F-Planning and Zoning Commission Staff Report page 6
.
Goal II, Obi. D, #8 - Develop incentives to retain the existing institutional,
commercial and government anchors to remain in Old Town.
Goal II, Obi. D, #14 - Develop incentives to develop higher density housing
throughout the Old Town neighborhood and in dispersed developments.
.
Chapter V
. Goal II, Obi. A, #7 - Establish thematic or uniform signage.
. Goal III, Obi. B. #1 - Draft appropriate community design ordinances.
. Goal III, Obi. B, #5 - Use the comprehensive plan, subdivision regulations and
zoning to discourage strip development and encourage clustered, landscaped
business or residential development on entryway corridors.
. Goal III, Obi. D, #1 - Develop incentives for open space areas within all
development.
. Goal III, Obi. D, #6 - Adopt a new landscape ordinance. . .
. Goal III, Obi. D, #7 - Adopt a new sign ordinance. . .
Chapter VI
. Goal II, Obi. B, #9 - The City should review its current regulations for issues
that would prohibit or discourage the type of mixed-use, transit-oriented
development desired within transit overlay districts.
. Goal V, Obi. A, #2 - Develop provisions for medical services in the Zoning and
Development Ordinance.
Chapter VII
. Goal I, Obi. C, #1 - Amend the zoning ordinance and map to implement this
plan (Comprehensive Plan)
. Goal I, Obi. C, #2 - Develop standards for integrating medium-to-high density
residential into existing subdivision development.
. Goal I, Obi. E, #3 - Require industrial areas to create a site design compatible
with surrounding uses and community design criteria.
. Goal I, Obi. E, #6 - Separate heavy industrial and light industrial within the
Zoning Ordinance.
. Goal II, Obi. A, #5 - Amend the zoning ordinance and map to implement the
provisions of this plan.
. Goal IV, Obi. A, #5 - Require industrial development to conform to Federal
and State air, water and noise pollution standards, and local landscaping, traffic,
noise and environmental standards.
. Goal IV, Obi. C, #6 - Require pedestrian access in all new development. . .
. Goal IV, Obi. C, #7 - Provide for non-exclusive residential zoning that allows
for low-impact neighborhood commercial areas to develop in residential districts.
Develop standards to regulate neighborhood commercial uses to minimize the
impact on the integrity of the residential district.
. Goal IV, Obi. C, #9 - Adopt land use designations which will allow for housing
opportunities for all income levels.
. Goal IV, Obi. C, #10 - Support a variety of residential categories O-ow, medium
and high-density single-family, multi-family, townhouses, duplexes, apartments,
Exhibit F-Planning and Zoning Commission Staff Reporl page 7
.
condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities.
Goal V, Obi. A, #13 - Review ordinances or other policy statements which
affect housing development and consolidated to avoid confusion and use of
conflicting policies and requirements.
Goal V, obi. C, #2 - Enact new Planned Development and subdivision
ordinances.
Goal V, Obi. C, #3 - Revise existing ordinances to include height limitation,
density, scale, floor area to green space ratio, traffic generation and landscaping.
Goal V, Obi. C, #4 - Re-evaluate residential density categories (i.e. R-8 to R-15
to R-40 is too broad of a range) in the zoning ordinance.
Goal V, Obi. C, #5 - Eliminate vague/unclear standards in development
ordinances.
.
.
.
.
Staff also finds that the proposed UDC includes three (3) new zoning districts (I-H,
TN-C and TN-R) which help to bring the ordinance into line with the land use
designations shown on the 2002 Comprehensive Plan Land Use Map. The last two
districts have been created specifically to implement the provisions of the
Comprehensive Plan for mixed use centers and neighborhoods. We find the
application is hannonious with and in accordance with the adopted Comprehensive
Plan and Generalized Land Use Map, which designates the land to be "Existing
Urban".
B.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed in
a fashion similar to the proposed rezone area;
The City of Meridian's rapid pace of residential, commercial and office development
continued unabated since adoption of the Comprehensive Plan in 2002. The north and
southeast areas of the city experienced the highest amount of growth, but pockets of
west and central Meridian added fair amounts of new development as well. (See the
COMPASS Development Monitoring Report for additional growth figures.) The
amount of past and projected growth and the Comprehensive Plan Actions/Policies
listed above dictate that the City's development and subdivision codes be revamped to
better prepare Meridian for the next 10-15 years of growth.
c.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the essential
character of the same area;
The zoning amendment does not propose any new uses. However, new development
that is regulated by the UDC is anticipated to be hannonious and blended with
surrounding neighborhoods in an enhanced way - due in part to new design and
operation standards included in the new code.
Exhibit F-Planning and Zoning Commission Staff Report page 8
D.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
See Finding "C" above.
E.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed zoning amendment shall be able to provide adequately any of such
services;
Staff finds that the UDC does not propose any significant changes to how public
utilities and services are provided to new development. All City departments, public
agencies and service providers that currendy review applications will continue to do so.
lf anything, the level of review and comment on development applications will be
improved since the UDC requires pre~application and neighborhood meetings for
applications which require a public hearing (see Section 11-SA-5).
F.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
N at applicable.
G.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors;
The zoning amendment does not propose any new uses. However, the UDC does
include a number of new and more comprehensive standards that serve to regulate
potentially noxious, disturbing, hazardous or other detrimental conditions. (See
Section 11-4, Specific Use Standards).
H.
Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
Not applicable.
I.
Will not result in the destruction, loss or damage of a natural or scenic feature
of major importance; and
The zoning amendment does not propose any new uses. However, the UDC does add
new language which specifies all natural waterways to remain open. It also provides
more specificity on environmental agency review and approval processes so applicants
are better informed about state and federal rules.
Exhibit F-Planning and Zoning Commission Staff Reporl page 9
J.
Is the proposed zoning amendment in the best interest of the City of Meridian.
(Ord. 592, 11-17-1992)"
Staff finds that the proposed amendment is clearly in the best interest of the City
- both for its residents and workforce. Many aspects of the existing code (Title
11 and 12) have remained unchanged since its adoption in 1984. Those standards
may have been adequate for the rates and types of growth experienced during the
1980's and 1990's, but they need to be changed. We find that the proposed
streamlining of the land development process (i.e. allowing more uses as
permitted vs. conditional and providing staff with greater review authority) will
facilitate economic development. The addition of three new zoning districts
expands the palette of allowed uses and should contribute to a more self-sufficient
community. The proposed code incorporates planning principles and land use
regulations which will guide the City's development into the 21st century and
facilitate a higher quality of development for our citizens.
Recommendation:
Staff recommends the Planning & Zoning Commission recommend approval of the subject
Zoning Amendment application (Unified Development Code) to the City Council. At the
Apri118th public hearing, we intend to present a few minor modifications and edits to the
code as it was submitted to you on April 4th. We request that any motion of approval include
those modifications. We look forward to a good dialogue with both the Commission and the
public about this application.
Exhibit F~Planning and Zoning Commission Staff Report page 10