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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 STAFF REPORT Hearing Date: May 27, 2008 j TO: Mayor & City Council E IDIAN FROM: Caleb Hood, Current Planning Manager 208-884-5533 SUBJECT: Unified Development Code Text Amendment #4 ZOA-08-001 - Zoning Ordinance/Unified Development Code (UDC) Text Amendment to modify, clean up, and add specific sections to the UDC, by the City of Meridian Planning Department. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, the City of Meridian Planning Department, has applied for a Zoning Ordinance Amendment (ZOA) to amend the Unified Development Code (UDC). Some of the sections proposed for amendment include parking standards, signs, hours of operation in the L-O and C-N zoning districts, wireless communication facilities, and provisions for UDC violations. Additionally, staff is recommending two new commercial zoning districts, Mixed Employment and High Density Employment be added to implement new land use designations recommended in the Ten Mile Interchange Specific Area Plan. In summary, the changes proposed in this memo represent changes that City Staff believes will make the implementation and use of the UDC more understandable and enforceable. Please see Section 8 below for a complete list of the proposed UDC amendments. 2. SUMMARY RECOMMENDATION Below, staff has provided detailed analysis regarding the requested Zoning Ordinance Amendment application. Staff recommends approval of the subject application (ZOA-08- 001). The Meridian Planning & Zoning Commission heard this item on May 1, 2008. At the public hearing they moved to recommend approval of the subiect ZOA request. a. Summary of Commission Public Hearing: i. In favor: Planning Staff ii. In opposition: None iii. Commenting: None iv. Written testimony: None V. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. Request for clarification on the intent of the modification to UDC 11-2A-2C regarding the necessity of adding, "or listed as a prohibited use." Clarification: This modification was requested by legal staff c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issues) for City Council: i. None Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 3. PROPOSED MOTION (to be considered after the public hearing) Approval I move to approve File Number ZOA-08-001 as presented in the staff report for the hearing date of May 27, 2008 with the following modifications: (add any proposed modifications.) Denial I move to deny File Number ZOA-08-001 as presented during the hearing on May 27, 2008 for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number ZOA-08-001, to (insert specific hearing date), and direct staff to make the following changes: (insert comments here.) 4. APPLICATION FACTS a. Site Address/Location: The proposed changes will have City-wide effects. b. Applicant/Representative: C. Caleb Hood, Current Planning Manager, City of Meridian Planning Department c. Applicant's Statement/Justification: Since its implementation on September 15, 2005, Staff has requested three other amendments to the UDC. Staff has been tracking additional, specific sections of the Unified Development Code (UDC) that need to be amended for the UDC to function efficiently. 5. PROCESS FACTS a. The subject application will in fact constitute a Unified Development Code/Zoning Ordinance amendment as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: April 14, and 28, 2008 (Planning & Zoning Commission); May 5 and 19, 2008 (City Council) c. A public service announcement was broadcast faxed on April 4 and April 28, 2008 regarding this application (Planning & Zoning Commission); May 2, and 23, 2008 (City Council) 6. COMMENTS MEETING On April 11, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. None of the agencies or departments listed above provided comments at the April 1 l th meeting. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Although there are just a few actions called for in the Comprehensive Plan that support the request, Staff finds that the subject Zoning Ordinance Amendment complies with and furthers the goals and objectives of the 2002 Comprehensive Plan. The specific Objectives and Actions that support the proposed amendment are listed below: Chapter VII • Goal I, Obj. A, #5 — Amend the zoning ordinance and map to implement the provisions of this plan. PAGE 2 Temporary Use UDC Text Amendment - ZOA-07-002 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 • Goal V, Obj. A, #13 —Review ordinances or other policy statements which affect housing development and consolidate to avoid confusion and use of conflicting policies and requirements. • Goal V, Obj. C, #5 — Eliminate vague/unclear standards in development ordinances. Staff finds that the subject ZOA application is harmonious with and in accordance with the adopted Comprehensive Plan and Future Land Use Map. 8. UNIFIED DEVELOPMENT CODE/ZONING ORDINANCE Staff has been tracking additional, specific sections of the Unified Development Code (UDC) that should be amended for the UDC to function efficiently. Some of these sections proposed for amendment include parking standards, signs, hours of operation in the L-O and C-N zoning districts, wireless communication facilities, and provisions for UDC violations. Additionally, staff is recommending two new commercial zoning districts, Mixed Employment and High Density Employment, to implement new land use designations recommended in the Ten Mile Interchange Specific Area Plan. In summary, the changes proposed in this memo represent changes that City Staff believes will make the implementation and use of the UDC more understandable and enforceable. NOTE: Since the application was submitted, the Planning Department has discovered two more changes that should be made to the UDC. First, "studios" should be relocated from its current location within the definition of Private Education Institution, to be located in the definition of Arts, Entertainment and Recreation Facilities. Karate and yoga have also been added as examples to the Arts, Entertainment and Recreation Facilities definition (see 11-1A-1). Second, to be consistent with the rest of the section regarding term of plats, 11-6B-7AC should be amended by referencing the time extension from the date of the city engineer's signature, not the recordation date. The Planning Department Staff is proposing to amend certain UDC sections as follows: Section Proposed Text Change 11-1-12 D. The city may withhold any approval and/or permit for any and all proposed activities or uses on any real property with outstanding violations of this Title except that such approval and/or permit shall not be withheld where such withholding would adversely affect health safety or the general ublic welfare. 11-1A-1 ARTS, ENTERTAINMENT AND RECREATION FACILITIES: The use of a site or facility for entertainment, spectator sports or recreational activities. The use includes, but is not limited to: amusement parks, carnivals, motion picture and performing arts theatres, racetracks, sports fields, golf courses, fitness clubs, karate lessons voga classes, activity studios, museums, zoos, marinas, bowling, video and other games and amusements. 11-1A-1 CONFERENCE CENTER: A facility that is designed constructed and devoted to hosting conferences, exhibitions large meetings, seminars and training sessions. 11-1A-1 EDUCATION INSTITUTION, PRIVATE: The use of a site for education purposes not supported by the state of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher learning; professional, technical and trade schools; driving schools; and fine arts schools studies. Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 11-1A-1 PROFESSIONAL SERVICES: See definition of Personal and Professional Services 11-1A-1 RESEARCH AND DEVELOPMENT FACILITY: A business engaged in research and development of ideas and applications in technologically intensive fields including but not limited to medical and biomedical technology, computer software and information systems and telecommunications. Prototype development assembly and testing as well as supportive administrative and corporate functions may be associated with such uses. 11-2-1 ZONING DISTRICTS ESTABLISHED: For the purpose of this Title, the incorporated territory of the City of Meridian, Idaho, is divided into the following zoning districts: COMMERCIAL Neighborhood Business District C-N Community Business District C-C General Retail and Service Commercial District C-G Limited Office District L-0 Mixed Employment MM=E High Density Employment HH-EE 11-2 3: APPLICABILITY: It shall be unlawful and a violation of the unified development code for any person to use construct locate initiate alter or maintain any structure land or real property, or cause any structure land or real property to be used constructed located initiated altered or maintained in any manner which violates omits or fails to conform to any applicable procedure standard, or requirement established by this Title for the zoning district in which such structure land or real propeis located. 11-2A-2A Permitted uses and accessory uses shall be reviewed in accord with chapter 3 "Standard Regulations in all Districts", chapter 4, "Specific Use Standards", and chapter 5 "Administration' .of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable ermit from the ci . 11-2A-2B Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3 "Standards Regulations in all Districts", and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the unified development code for anv person to conduct in a residential district any conditional use unless such person shall first obtain a conditional use permit from the city. Any use not explicitly listed or listed as a prohibited use in table 11-2A-2 of this section is prohibited in all residential districts. It shall be unlawful and a violation of the unified development code for any 11-2A-2C erson to conduct in a residential district any prohibited use. Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 11-2A-4 LOW -DENSITY RESIDENTIAL DISTRICT (R-2): The maximum gross density allowed is two (2) dwellings per acre. Dimensional standards for development in the R-2 residential district shall be as follows: 11-2A-5 MEDIUM LOW -DENSITY RESIDENTIAL DISTRICT (R-4): The maximum gross density allowed is four (4) dwellings per acre. Dimensional standards for development in the R-4 residential district shall be as follows: 11-2A-6 MEDIUM -DENSITY RESIDENTIAL DISTRICT (R-8): The maximum gross density allowed is eight (8) dwellings per acre. Dimensional standards for development in the R-8 residential district shall be as follows: 11-2A-7 MEDIUM HIGH -DENSITY RESIDENTIAL DISTRICT (R-15): The maximum gross density allowed is fifteen (15) dwellings per acre. Dimensional standards for development in the R-15 residential district shall be as follows: 11-2A-8 HIGH -DENSITY RESIDENTIAL DISTRICT (R-40): The maximum gross density allowed is forty (40) dwellings per acre. Dimensional standards for development in the R-40 residential district shall be as follows: TABLE 11-2A-2 Multi -family development and Wireless communication facility, amateur radio antenna: Add Note 1. TABLE 11-2A-2 Personal or professional service -- -- -- -- A Professional service _ - - - A Verticaly integrated residential project' -- -- -- C C Wireless communication facility, A/C A/C A/C A/C A/C amateur radio antenna 11-2A-3D3 One detached accessory building that is less than two hamredone hundred and twenty (2001LO) square feet in area and eight feet (8') or less in height shall be allowed in the required rear yard. In no case shall an accessory building be allowed in the street yard or the required side yard. 11-2B-1: PURPOSE: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six i=)Ir—L64) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways: TABLE 11-26-1 District Allowed Uses Location Neighborhood Small scale convenience with Access to arterial or collector business district (C-NL limited hours of operation Community business Larger scale and broader mix of Access to arterials or Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 district C-C retail, office, and service uses nonresidential collectors General retail and Largest scale and broadest mix of Close proximity and/or access to service commercial retail, office, service, and light interstate or arterial intersections district C-G industrial uses Limited office district Office centers and adaptive reuse Access to arterial or collector (L-0) of residential structures with limited hours of operation Offices medical centers, research and development facilities, and light Mixed employment Access to arterial or collector M-E industrial uses with ancillary support services. High Density Corporate headquarters, office complexes, research and Employment (H-E) Close proximity to federal and state development facilities and highway interchanges and major complementary services such as arterials conference centers and hospitality use with limited retail. 11-2B-2A Permitted uses and accessory uses shall be reviewed in accord with chapter 3 "Standard Regulations in all Districts", chapter 4, "Specific Use Standards", and chapter 5 "Administration", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district any permitted or accessory use unless such person first obtains each and every applicable ermit from the ci . 11-2B-2B Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3 "Standards Regulations in all Districts", and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district any conditional use unless such person shall first obtain a conditional use permit from the cit . 11-2B-2C Any use not explicitly listed or listed as a prohibited use in table 11-2B-2 of this section is prohibited in all commercial districts. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district any orohibited use. TABLE 11-2B-2 See attached TABLE 11-2B-3 Replace with Table below. Retain existing notes. Add Note 4: Subject to design guidelines in Ten Mile Interchange Specific Area Plan. Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 Dimensional Standards' C-N I C-C I C-G I L-0 I M-E H-E Front setback in feet 0 Rear setback in feet 0 Interior side setback in feet 0 0 0 10152 0 0 Street landscape buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 buffer to residential ---FLandscape 20 25 25 20/10z See Note 4 uses in reel Maximum building height in feet 35 50 65 35 65 95 Maximum building size without 7,500 60,000 200,000 10,000 See Note 4 design standard approval as set forth in section 11-3A-19 of this title insquare feet Parking requirements See chapter 3, article C, "Off Street Parking And Lc Requirements", of this title Landscaping requirements See chapter 3, article B, "Landscaping Requirements", of this title 11-26-3A 4 Business hours of operation within the L-0 and C-N districts shall be limited from 6 am to 10 pm. This restriction applies to all business operations occurring outside an enclosed structure, including but not limited to customer or client visits trash compacting and deliveries This restriction does not apply to business operations occurring within an enclosed structure including but not limited to cleaning bookkeeping -,and afterhours work by a limited number of employees. 11-2C-2A Permitted uses and accessory uses shall be reviewed in accord with chapter 3 "Standard Regulations in all Districts", chapter 4, "Specific Use Standards", and chapter 5 "Administration", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in an industrial district any permitted or accessory use unless such person first obtains each and every applicable 11-2C-213 Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3 "Standards Regulations in all Districts", and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in an industrial district any ing Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 11-2C-2C Any use not explicitly listed or listed as a prohibited use in table 11-2C-2 of this section is prohibited in all industrial districts. It shall be unlawful and a violation of the unified development code for any person to conduct in an industrial district any pLohibited use. TABLE 11-2C-2 Wireless communication facility, amateur radio antenna: Add Note 1 TABLE 11-2C-2 Personal 9F pmfessiepal service A -- Professional service A Wireless communication facility? P/C P/C Wireless communication facility, A/C A/C amateur radio antenna'- P- TABLE 11-2D-2 Multi -family development: Add Note 1 TABLE 11-2D-2 Conference center P Personal eH�refessie►aal service P P C Professional service P P C Vertically integrated residential project' P P P Wireless communication facility, A/C A/C A/C Amateur radio antenna' 11-2D-2A Permitted uses and accessory uses shall be reviewed in accord with chapter 3 "Standard Regulations in all Districts", chapter 4, "Specific Use Standards", and chapter 5 "Administration", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a traditional neighborhood district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 11-2D-2B Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3 "Standards Regulations in all Districts", and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a traditional neighborhood district any conditional use unless such person shall first obtain a conditional use permit from the city. 11-2D-2C Any use not explicitly listed or listed as a prohibited use in table 11-2C-2 of this section is prohibited in all traditional neighborhood districts. It shall be unlawful and a violation of the unified development code for any Person to conduct in a traditional neighborhood district any prohibited use. 11-2D-4 11-3A-2 APPLICABILITY: This article shall apply to the development of all principal permitted, accessory, and conditional uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with the specific use standards, or other regulations of this title. It shall be unlawful and a violation of the unified develo ment code for any Person to use construct Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 locate initiate alter or maintain any structure land or real property, or cause any structure, land or real property to be used constructed located initiated or maintained in any manner which violates, omits, or fails to conform to any procedure, standard or re uirement set forth in this chapter. 11-3A Relocate and rename CLEAR VISION TRIANGLE. Renumber ACCUMULATION OF JUNK and BIKEWAYS 11-3A-35: ACCESS TO STREETS: The following standards shall apply unless otherwise waived by City Council. The intent of these standards is to improve safety by combining and/or limiting access points to collector and arterial streets and ensuring that motorists can safely enter all streets. A The following standards shall apply to any use and/or property that takes direct access to an arterial and/or collector roadway: Prior to any new, expanded or extended use or development of the property: 1 Where access to a local street is available the applicant shall reconfigure the site circulation plan to take access from such local street. 2 Where access to a local street is not available the property owner shall be required to grant cross- access/ingress-egress easements to adjoining properties This standard is intended to apply primarily to non-residential properties but may extend to residential properties where the use is anticipated to change to a non-residential use. 3 All subdivisions must provide local street access to any use that currently takes direct access from an arterial or collector street. B. All landscaping or constructed features within the clear vision triangle shall comply with the restrictions as set forth in this section. Al. Measurement of the clear vision triangle: (Subsequent sections within the clear vision triangle section to be renumbered.) 11-3B-19C1 b. Primary Public Entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. c Length Facing a Public Street: Windows, awnings, or arcades shall total a minimum of thirty percent 30% of the fa ade length facing a public street. 11-3C-5B1 All off street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base, not less than four inches (4") thick, surfaced with asphaltic pavement Infrequently used parking areas as determined by the director, may be improved with other dustless materials, including, but not limited to, asphalt, concrete, pavers, bricks, or recycled asphalt (asphalt grindings). In such cases, the Meridian Public Works Department shall review and approve of the dustless material improvement prior to construction. TABLE 11-3C-6 REQUIRED PARKING SPACES FOR RESIDENTIAL USE Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 USE AND FORM NUMBER OF BEDROOMS PER UNIT REQUIRED PARKING SPACES' Dwelling, multifamily' tri- lex four-plex apartments etc.) I bed oAm than lbedroern 1 2/3 4+ 1.5 per dwelling unit at least 1 in a covered carport or garage r 2 per dwelling unit in a covered carport omere garage 3 per dwelling unit at least 2 in a covered carport or garage garage garage Dwelling, secondary Age restricted elderly housing 1 1 2+ 1 per dwelling unit 0.5 per bed 2 per dwelling unit at least 1 in an enclosed (attached or detached )' [Dwelling -, SiRgle famih, attached 1 bedreGm MA -re- t4aR4-be*GGm garage other may be a minimum 10 foot by 20 foot parking pad between access an garage garage2 end sed with 2 per dwelling unit an garage garage2 Dwelling duplex and Dwelling, single-family detached attached town houseAetaGhed MAM haR Ihedr9AFli lax a het#reera 1 2/3/4 5+ 2 per dwelling unit: at least 1 in an enclosed garage, other space may be a minimum 10 foot by 20 foot parking pad between access and garage2 4 per dwelling unit at least 2 in an enclosed garage, at least 2 spaces being a 20 foot by 20 foot parking pad between access and garage 2 6 per dwelling unit at least 3 in an enclosed garage, other spaces shall be a minimum 10 foot by 20 foot parking pad between access and garage garaqe2 e� a 20' x 20' parking pad betwee,4-a�afW 2 PAGE 10 Temporary Use UDC Text Amendment - ZOA-07-002 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 more than 1 bedroem 10' 20' between aGGess and a x parking pad garage2 2 'The size of the garage required for dwelling units shall be measured by exterior dimensions and shall be at least ten by twenty feet (10' X 20') for a one -space garage and twenty by twenty feet (20' X 20') for a two -space garage. 2 The parking pad shall be measured from garage face to edge of sidewalk or edge of paved travel Ian (public street, private street, or alley). 3 For condominium projects the required number of parking spaces shall be determined by the director based on the proposed development If the proposed development is similar to a single family development such standards shall apply. If the proposed development is similar to a multi -family a artment complex, such standards shall apply. 11-3D-2D Exemption: 1. Public hearing notice signs as required by section 11-5A-5D of this title shall be exempt from the provisions of this article. 2 Any sign erected by or under the authority of the City of Meridian on property owned by the City of Meridian shall be exempt from the provisions of this article. 11-3D-6B 3. Temporary signs in residential districts are allowed, provided that such signs are no more than six (6) square feet in area and no more than one temporary sign is displayed per property. If the sign pertains to an event, the sign shall be removed within five (5) days after said event. Events shall include, but not be limited to, ae elestiee; home sale, garage -sale; seasonal event, birth announcement and similar events associated with a residential district. 4. Sinn nnnVIS I Ged d'FeGtly upon the nl ss supf ro the temnnroni fellew'Rq standards the pa ntedor 0 sigRs shall not eXGeed twenty five perGeRt Rot eXGeed fifty 0 of temporary and PeFfflaneRt WiRdOW SigRG shall o . ;} Handheld signs are allowed. 5 Election signs are allowed provided that the signs are installed with the property owners consent and comply with any and all applicable federal state local and Ada County Highway District requirements, including but not limited to clear vision triangle restrictions. All election signs shall be removed within five (5) days after the election. 6 Temporary signs related to temporary uses regulated by the provisions of Title 3 Chapter 4, Meridian City Code shall not require a temporary sin permit under the provisions of this title but shall comply with any and all applicable provisions of Title 3 Chapter 4 Meridian City Code. 11-3D-7 The following temporary signs shall be allowed without a permit provided that such signs comply with each and every applicable standard as set forth in this section and any other applicable provision of this Title. 11-3D-7L Permanent and temporary window signs shall meet all Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 the following standards: The copy of each and every permanent and/or temporary window sign shall be painted directly upon the window glass surface or composed of a transparent material affixed directly upon the window glass surface. The copy area of permanent window signs shall not exceed twenty five percent (25%) of the total window area. The combined total background area of all temporary and permanent window signs shall not exceed fifty percent (50%) of the total window area per building elevation. 11-3D-8D3 Number Allowed: Each business with exterior frontage in office, commercial or industrial districts or as otherwise approved as part of a planned development shall be permitted wall signs. The combined area of all signs on a single wall shall not exceed the allowable percentage. Wall signs for each tenant shall be located over the main public entrance for the business. 11-3D-8H1c Public middle school and high schools shall be allowed one on premises animated sign where the animation is a maximum of thirty percent (30%) of the sign background area, regardless of the zone in which the school is located. The director may approve an alternative off premises location where it provides better information to the community. In no case shall more than one animated sign be allowed. Maximum height for school siqns shall not exceed fifteen (15) feet and maximum background area shall not exceed eighty 80 square feet. 11-4-2 APPLICABILITY: These regulations apply to any property where the specific use is listed as a permitted, accessory, or conditional use in the tables of allowed uses by district in accord with chapter 2, "District Regulations", of this title. It shall be unlawful and a violation of the unified development code for any person to use construct locate initiate alter, or maintain any structure land or real property, or cause any structure land or real property to be used constructed located initiated or maintained, in any manner which violates omits or fails to conform to any procedure standard or requirement set forth in this chapter. 11-4-3-9A4 Upon tentative approval of the application by the director fora groUp and GenteF dayGaFeS, daycare center facility, the applicant or owner shall . provide proof of criminal background checks and fire inspection certificates as required by Title 39, chapter 11, Idaho Code. Said proof shall be provided orior to issuance of certificate of zoning compliance. 11-4-3-12C Maximum Size: Secondary dwelling units shall be limited to a maximum of seven hundred (700) square feet and one 1 bedroom in size. 11-4-3-21H No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the personal service as ect of the home occupation. 11-4-3-43C Process based on Standards and Districts: The process for wireless communication facilities is de endent u on standards as set forth in this section and the district in which the facility is located Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 1. Amateur radio antennas (i.e HAM radio antennas): a Towers supporting amateur radio antennas that do not exceed the maximum building height limit for the district in which it is located shall be deemed an accessory use and shall require certificate of zoning compliance approval prior to installation. b Towers supporting amateur radio antennas that exceed the building height limit for the district in which it is located shall require conditional use approval. c Within residential districts no towers supporting amateur radio antennas shall be placed within the front side or street side yard. that meet the standards as cot forth in sub%Gtion E of this sonfi^n d Within non-residential districts towers supporting amateur radio antennas shall meet the setback standards as set forth in subsection 11-4-3-43G. 2. Collocation of new equipment on an existing tower within any district shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. 3. Stealth towers: , title,"SpeGifiG prgv's'()Rs", of this Stealth towers shall be those that are determined by the director to be hidden or camouflaged and that do not exceed the height limitation of the district in which it is located. Stealth towers meeting these standards shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. 4. Wireless communication facilities in an industrial district that do not exceed one hundred feet (100') shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. 5. All other wireless communication facilities that meet the standards as set forth in subsections 11-4- 3-43E through 11-4-3-43K shall require conditional use approval. 11-4-3-43 G[JPPE)FtiRg amateuF radio aRteRRas (i.e., H \M radie aRteRRas) ef less thaR thirty five feet (35') in height aFe permitted, aRteRRas with a height in eXGess of thirty five feet (35') shall require a GeRditioRal use 11-4-3-43 F= 2t 1th T or Stanr aFds• 11-4-3-43 EG. Antenna Standards within Residential Districts: The following standards shall apply to all wireless communication facilities within residential districts except those that qualifV as amateur radio antennas as set forth in subsection C above: 1. The antennas shall be less than four (4) square feet in area and mounted to: a. New poles (not lattice structures or structures re uirin u wires steetl}s). Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 b. Existing poles or streetlights. c. Buildings. d. Towers. e. New streetlights in existing neighborhoods shall only be allowed with approval of the public works director. The public works director shall determine if the benefit derived from the new streetlight is greater than the maintenance and increased utility fees associated with the streetlight. 2. The facility shall not exceed the height limitation of the district in which it is located. 3. Where the applicant does not own the supporting structure, antennas attached to support structures shall be allowed only after securing a license agreement with the owner and other responsible parties, as applicable. 4. Streetlights or poles with attached antennas shall be separated by a minimum of five hundred feet (500'). 5. Antennas attached to streetlights shall be painted to match the streetlights and shall be attached only to Meridian standard streetlights (not on ornamental fixtures). 6 Any facilities within residential districts not meeting these standards shall require approval of a variance in addition to conditional use approval. 11-4-3-43 K. F. Design Standards: 11-4-3-43 G1. Setback Standards: 1. If the tower does not exceed the maximum building height allowed for the zoning of the land upon which it is to be placed, the tower shall meet the setback requirement for that zone, with the following exceptions: a --I if the property is located next to a residential district, the setback requirements shall be one hundred twenty five percent (125%) of the height of the tower. a2. If the tower exceeds the maximum height allowance for the district, the setback requirements shall be one foot (T) for every ten feet (10') of tower height, in addition to the district's setback requirements. 0. If the tower is not constructed to meet the standards set forth in the Telecommunications Industry Association/Electronic Industries Association (TIAIEIA) 222 revision F standards entitled "Structural Standards For Steel Antenna Supporting Structures" the setback requirement shall be one foot (1') for every foot in height of the tower. This shall be measured from all property lines and shall be referred to as the "fall zone". Only the accessory equipment building shall be permitted to be located within the fall zone. 24. Communication towers must be set back from all publicly--ewaed�e streets by a minimum of two (2) times the height of the tower to be installed. If this setback requirement is in conflict with any other setback requirement, the setback shall be the greater distance. PAGE 14 Temporary Use UDC Text Amendment - ZOA-07-002 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 of a 11-4-3-43 J-.-H. Collocation Standards: 11-4-3-43 KI. Abandonment Or Unused Towers Or Portions Of Towers: 11-56-413 Applicability: The provisions of this sections shall apply to requests to vary from the requirements of this title with respect to lot size, width, and depth; front, side, and rear setbacks; parking spaces; building height; and all other provisions of this title affecting the size and shape of a structure or the placement upon properties; and the placement and/or number of access points to state highways. If a mcnne of n1tornntiva rmmnbinre is available. it should be exhausted before applying for a variance. 11-56-513 4 Requests for alternatives to on -site parking as outlined in section 3C-7 of this title, are not subject to the Drocess, standards and/or fees contained in this section. 11-56-7D Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the comprehensive plan, the council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the comprehensive plan. 2. The proposed amendment provides an improved guide to future growth and development of the city. 3. The proposed amendment is internally consistent with the goals, objectives and policies of the comprehensive plan and the GOMpFehensive plaR !and use map. 4. The proposed amendment is consistent with this unified development code. 5. The amendment will be compatible with existing and planned surrounding land uses. 6 The proposed amendment will not burden existing and planned service capabilities. 7 The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. 8. The proposed amendment is in the best interest of the city of Meridian. 11-6-2C All subdivisions shall meet the design standards as set forth in article C, "Subdivision Design And Improvement Standards", or this chapter. It shall be unlawful and a violation of the unified development code for any person to use construct locate initiate alter or maintain any structure, land or real property, or to cause any structure land or real property to be used, constructed located, initiated or maintained in any manner which violates omits or fails to conform to any procedure design standard, 11-6A-2 APPLICABILITY: These regulations shall apply to the subdivision of all land within the legally defined Meridian city limits and the area of city impact. It shall be unlawful and considered a violation of the unified development code for any person to initiate or cause to be initiated the subdivision of any land or real property in any manner which violates omits or fails to conform to any procedure design or �nrl /nr rarmirPmant set forth in this chapter. 11-613-6A The plat is in conformance with the comprehensive plan anu is uww,—, 411 PAGE 15 Temporary Use UDC Text Amendment - ZOA-07-002 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 code. 11-613-7C Authorize Extension: Upon written request and filing by the applicant prior to the termination of the period in accord with subsections A and B of this section, the director may authorize a single extension of time to feserd obtain the city engineer's signature on the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the city council may be granted. With all extensions, the director or city council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title. 11-7-2 APPLICABILITY: A planned unit development can be developed in any district. It shall be unlawful and a violation of the unified development code for anv person to use, construct, locate initiate, alter, or maintain any structure land or real property or to cause anv structure land or real property to be used constructed located initiated or maintained in any manner which violates, omits, or fails to conform to any procedure,standard and/or requirement set forth in this chapter. Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 Table 11-2B-1 Allowed Uses in the Commercial Zoning Districts Use C-N C-C C-G L-0 M=E H-E Animal care facility' P P P C C Artist studio' P P P Arts, entertainment or recreation facility, P P P C indoors' Arts, entertainment or recreation facility, -- C C _ outdoor stage or music venue Arts, entertainment or recreation facility, C P P - outdoors' Building material, garden equipment and C P P supplies' - C Cemetery' Church or place of religious worshi ' -- P -- P P P C C Civic, social or fraternal organizations' C C C C Conference center Day care center' _ A/C _ A/C P A/C _ P C A/C P A/C Day care, family' A A A A Day care,group' P P A P C C C Drinking establishment' C C C - Drive through establishment' A/C A/C A/C -- Educational institution, private' P P P P P P Educational institution, public' P P P P P P Equipment rental, sales, and service' -- C C -- Financial institution' P P P P P A Flex space' P P - P C Fuel sales facility' C P P - _ Fuel sales facilit truck stop' - - C -- = , Healthcare or social services P P P P P P P Hospital' - C C C _ Hotel and motel' P/C P/C P/C - C P Industry, information' P P P C P P C Industry, light' -- - C C P Laundromat' P P P C _ A Laundryand d cleaning- Mortuary Multifamily development'- C P -- - _ C P P -- - C C P Nursery or urban farm' C P C Nursing or residential care facility' C C - = C — P Parking facility C C P C P P P P Parks, public and private P A A Personal service P P P P P Personal and professional service C C C Public, infrastructure C jo P P P Public or quasi -public use' P P P P Public utility, minor P Recreational vehicle park - PAGE 17 Temporary Use UDC Text Amendment - ZOA-07-002 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 27, 2008 Use C N C-C C G L-0 M-E H-E Research and development facility -- - P -- P P Restaurant P P P C A A Retail store P P P - A A Storage facility, outside' A A A - Storage facilit , self-service' - C C - Temporary use A A A A A A Vehicle repair, minor' A P P - Vehicle sales or rental and service' -- C P Vehicle washin facilit ' C P P - - A Vertically integrated residential project' C P P C -- -- Warehouse' -- -- A - A/C Wholesale sales - - A -" Wireless communication facility' P/C P/C P/C P/C P/C P/C Wireless communication facility, amateur radio antenna! A/C A/C A/C A/C A/C A/C Note: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. 9. RECOMMENDATION Staff recommends approval of the subject Zoning Ordinance Amendment (ZOA-08-001) application, with the changes to the Unified Development Code (UDC) listed in Section 8 of the Staff Report for the hearing date of May 1, 2008.The Meridian Planning & Zoning Commission heard this item on May 1 2008 At the public hearing they moved to recommend approval of the subject ZOA request. 10. EXHIBITS A. Required Findings from Unified Development Code Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 Exhibit A — Required Findings from Unified Development Code 1. Unified Development Code Text Amendments: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the Council shall make the following findings: 1. The text amendment complies with the applicable provisions of the comprehensive plan; The Commission finds that the proposed zoning ordinance amendment complies with the applicable (limited) provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report for more information. 2. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and The Commission finds that the proposed text amendment will not be detrimental to the public health, safety or welfare. 3. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. The Commission finds that the proposed text amendment does not propose any significant changes to how public utilities and services are provide to developments. All City departments, public agencies and service providers that currently review applications will continue to do so. Please rely on any written or oral testimony provided by any public service provider(s) when making this finding. Exhibit A — Page 1