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HomeMy WebLinkAbout2022 Draft UDC Changes (final version) V1DATE: 07/01/2022 1 Proposed UDC Text Amendments UDC Section Topic Reason for Change Proposed Change 11-1A-1 Entertainment, adult This definition is outdated and Legal has requested that the Planning Division update the definition to align with state code. Entertainment, adult. Adult entertainment shall include a place of business or commercial establishment providing or selling, as a substantial or significant portion of its stock or trade, live or pre-recorded entertainment, activity, goods, services, or media of a sexually prurient nature, meaning any image, depiction, communication, or product that, in context, is obscene, lewd, lascivious, or indecent, including: A) nude or substantially nude person(s), including persons dancing, stripping, or exhibiting or modeling lingerie, bikinis or similarly styled garments; B) personal contact of a sexual nature between persons or devices; or C) adult stores distinguished or characterized by their emphasis on such matter or which sells or displays for sale devices designed to stimulate sexual arousal by contact with the skin or bodily orifices. Terms used herein shall be defined as set forth in Idaho Code section 18-1514 and 18-4101. Adult entertainment shall be as defined in title 3, chapter 10 of this code and shall include adult theaters, establishments with adult arcade machines, and adult stores, excluding adult stores having only a segment or section devoted to the sale or display of: A. Stock or trade, books, magazines or films which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to adult entertainment; and/or B. Devices designed to stimulate sexual arousal by contact with the skin or orifices. 11-1A-1 Heat island Adding a new definition of heat island to coincide with the landscape buffer requirements in UDC 11-3B. Heat island. In urban areas, the absorption of solar radiation from low reflectance materials that leads to a gradual increase in temperatures versus rural and undeveloped areas. 11-1A-1 Live/work residential project Adding a new definition to the UDC to differentiate live/work from home occupations and vertically integrated residential projects. Live/work residential project. A structure used for both dwelling purposes and nonresidential uses, where: (1) the structure includes a dwelling unit; (2) the nonresidential space exceeds the area allowed for home occupations and does not exceed 1,500 square feet, and (3) the structure is designed to integrate residential occupancy and work activities, including complete kitchen and sanitary facilities and working space used by one or more occupants of the unit. 11-1A-1 Mulituse Pathway ACHD is moving towards multiuse pathways instead of bike lanes and sidewalks on arterial roadways. May need to amend definition. Multiuse pathway. A passageway, typically 10-feet in width, that is designed to provide walking, bicycling and other nonmotorized recreational opportunities between areas and facilities. 11-1A-1 Riparian area Adding a new definition to the UDC. Riparian area. A native vegetated area along waterways such as flood plains and streambanks and are distinctly different from surrounding lands because of unique soil and vegetation characteristics that are strongly influenced by the presence of water. 11-1A-1 Urban tree canopy Adding a new definition to the UDC. Urban canopy. The layer of leaves, branches, and stems of trees that provide shelter of landscaping, hardscaping, and other improvements beneath when viewed from above. 11-1A-1 Vertically integrated residential project Make it clear that home occupations are different from a vertically integrated residential project. Vertically integrated residential project. The use of a multi-story structure for residential and nonresidential uses where the different uses are planned as a unified, complementary whole and functionally integrated to share vehicular and pedestrian access and parking. This term shall not include “accessory use, home occupation” and “live/work residential project” as herein defined. Table 11-2A-2 Allowed uses in the DATE: 07/01/2022 2 Table 11-2B-2 Allowed uses in the commercial district Add live/work residential project to the table as a use. Use C-N C-C C-G L-O M-E H-E Laundry and dry cleaning P P P - - A Live/work residential project P P C C - - Mortuary C P P - - - Table 11-2D-2 Allowed uses in the traditional neighborhood district Add live/work residential project to the table as a use. Use O-T TN-C TN-R Laundry and dry cleaning P P P Live/work residential project P P P Mortuary C C - 11-3A-5 Bikeways and Multiuse Pathways Update this code section to require a 10-foot wide MUPs to replace the requirement for on-street bike lanes when required by ACHD. May need to define bikeway OR remove entirely. Bikeways Multiuse pathways shall be constructed in accord with the city’s comprehensive plan, the Meridian Pathways Master Plan, and the Ada County Hhighway dDistrict mMaster sStreet mMap and Roadways to Bikeways Master Plan. 11-3A-17C Sidewalks and Parkways Align this section of code with ACHD policies as noted in 11-3A-5. 11-3B-7C may need amending as well. C. Detached sidewalks or multiuse pathways shall be required along all arterial and collector streets. The Director may waive this requirement to detach the sidewalk where: 1. There is an existing attached sidewalk or multiuse pathway; 2. The sidewalk is less than three hundred (300) linear feet in length and between two (2) adjoining properties with attached sidewalks or multiuse pathways. The Director may waive this requirement for a portion of the street frontage where there is a utility box, mature tree or other impediment that prevents installation of a detached sidewalk or multiuse pathway. 11-3A-19B.2 and 3 Structure and site design guidelines The current standard appears to be switched for lots with frontage on a public street vs. lots within mixed use areas. Building facades in mixed use areas should be closer to the street. This section conflicts with 11-3A-19B.3 which allows parking & drive aisles next to the street. Exempt I-L zoned properties from having to disperse parking throughout the site like a commercial development. City staff has been processing multiple alternative compliance requests to these standards because of the I-L dimensional standards and many of these sites required a secured yard. DATE: 07/01/2022 3 11-3B-2C Landscape plan applicability The current applicability statement does not include applications for combined preliminary & final plat and short plat applications. C. All applications for a conditional use permit (CUP), preliminary plat (PP), final plat (FP), combined preliminary and final plat (PFP), short plat (SHP), certificate of zoning compliance (CZC), administrative design review (DES), or planned unit development (PUD). 11-3B-5 Water conserving design With the increase in the concern of water usage, City staff is looking to incentivize landscaping that utilizes the water conserving design in the UDC. O. Water Conserving design. To qualify for the exceptions for water conserving designs as set forth in this chapter, the applicant shall demonstrate the following: 1.The design includes water conserving trees of this section, use of native or drought resistant shrubs, perennials or ornamental grasses, water conserving plants, boulders, rocks, decorative walls and/or permeable hardscape materials such as pavers and flagstones, and that are visually distinct (size, texture, or color) and clearly visible from the adjacent travel roadway or drive aisle. 2. The design includes plants that can thrive in climates with approximately ten (10) to twelve (12) inches of annual rainfall. 3. Lawn and turf areas shall not comprise more than fifty (50) percent of the total landscaped areas and shall consist of water conserving grasses, including, but not limited to, buffalo grass, blue gamma grass, compact fescue, Xerilawn, turf type tall fescue and/or rhyzomotuous tall fescue. 4. Herbaceous and/or perennial ground cover shall be drought tolerant and able to withstand dry conditions once established. As a guide, refer to the recommended plants in the city of Boise parks and recreation "Water Conservation Guidelines". 5. Excluding lawn and turf, no area larger than three hundred seventy-five (375) square feet may be covered by a single ground cover material without additional hardscape or design feature of no less than one hundred twenty-five (125) square feet. 6. The required street landscape buffer widths in Chapter 2 may be reduced up to fifty (50) percent. Required landscape areas shall be at least forty (40) percent covered with vegetation at maturity. 7. Required landscape areas shall be at least forty (40) percent covered with vegetation at maturity. DATE: 07/01/2022 4 11-3B-7C Landscape buffers along streets ACHD is moving towards multiuse pathways, not sidewalks on arterials. The changes account for either sidewalk or MUP and explain how the landscape buffer is accounted for. C. Standards. Standards for landscape buffers along streets shall be as follows: 1. Buffer size. See Chapter 2, "District Regulations", of this title. a. Measurement. (1) All street buffers with attached sidewalks shall be measured from the back of sidewalk or multiuse pathway. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate sidewalk or multiuse pathway location as anticipated by ACHD. (2) All street buffers with detached sidewalks or multiuse pathways shall be measured from the back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks and multiuse pathways shall have an average minimum separation of greater than four (4) feet to back of curb. b. Easements. Where the buffer is encumbered by easements or other restrictions, the buffer area shall include a minimum five-foot wide area for planting shrubs and trees. c. Width reduction. In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted through the alternative compliance process in accord with Chapter 5, "Administration", of this Title. The request shall demonstrate evidence of the unique hardship caused by the required street buffer and propose a specific alternative landscape plan that meets or exceeds the intent of the required buffer. In no case shall the width be reduced to less than ten (10) percent of the depth of the lot, except in the Old Town district. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the applicable zoning district. 11-3C-5A6 Parking standards for all other uses not specified Add a note to encourage/allow oversized parking stalls as directed by the Council. 6. Design for standard vehicles. All required parking as determined in Section 11-3C-6 of this Article shall be designed for standard and/or oversized vehicles. Compact stalls are discouraged, but may be used for any parking above the number of required parking spaces. Table 11-3C-6 Required parking spaces for residential use (MF) Revisit the parking ratios for multi- family developments. This continues to be a topic of discussion at public hearings. Staff may propose that a minimum standard of 2 parking spaces per unit regardless of the number of bedrooms. Add a note to clarify that clubhouses are not subject to the commercial parking standards. Studio 1 per dwelling unit Dwelling, multi-family345(triplex, fourplex, apartments, etc.) 1 1.5 per dwelling unit; at least 1 in a covered carport or garage 2/3 2 per dwelling unit; at least 1 in a covered carport or garage 3/4+ 3 per dwelling unit; at least 2 in a covered carport or garage Guest spaces 1 per 10 dwelling units DATE: 07/01/2022 5 Table 11-3C-6 Required parking spaces for residential use (Vertically Integrated) Require more parking for vertically- integrated residential projects Studio/1 1 per dwelling unit 2/3 11.5 per dwelling unit 4+ 12 per dwelling unit 11-3B-7C Landscape buffers along streets ACHD is moving towards multiuse pathways, not sidewalks on arterials. The changes account for either sidewalk or MUP and explain how the landscape buffer is accounted for. C. Standards. Standards for landscape buffers along streets shall be as follows: 1. Buffer size. See Chapter 2, "District Regulations", of this title. a. Measurement. (1) All street buffers with attached sidewalks shall be measured from the back of sidewalk or multiuse pathway. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate sidewalk or multiuse pathway location as anticipated by ACHD. (2) All street buffers with detached sidewalks or multiuse pathways shall be measured from the back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks and multiuse pathways shall have an average minimum separation of greater than four (4) feet to back of curb. b. Easements. Where the buffer is encumbered by easements or other restrictions, the buffer area shall include a minimum five-foot wide area for planting shrubs and trees. c. Width reduction. In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted through the alternative compliance process in accord with Chapter 5, "Administration", of this Title. The request shall demonstrate evidence of the unique hardship caused by the required street buffer and propose a specific alternative landscape plan that meets or exceeds the intent of the required buffer. In no case shall the width be reduced to less than ten (10) percent of the depth of the lot, except in the Old Town district. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the applicable zoning district. 11-3F-2 Applicability Allow private streets to develop in other residential districts. Private streets are not allowed in the R-2, R-4 or R-8 district because these districts require public street frontage per the dimensional standards in Chapter 2. The provisions of this article shall apply to any properties that are located in a residential district.do not have frontage on a public street or where frontage is not required. DATE: 07/01/2022 6 11-3F-4 Private street standards Clarify that it is 50 dwelling units per gate and proposed developments should not exceed more than 100 dwelling units. Additional units may be allowed through the PUD process in Chapter 7. 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 properties served by such private street. In instances where the subject property is being subdivided, the preference is that the private street be a lot within such subdivision. 2. Connection point. The private street shall connect to a local or collector street. The private street shall not connect to an arterial street. Where the point of connection of the private street is to a public street, the private street connection 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 be allowed subject to the following standards: a. The proposed development shall be for residential uses. b. The proposed development shall have no more than fifty one hundred (10050) dwelling units. A greater number of dwelling units may be approved with a planned unit development. One gated entry shall be provided per every fifty (50) dwelling units; c. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian Pathways Master Plan. e. The applicant shall provide access to the gate for emergency vehicles as determined and approved by the Meridian Fire Department and Public Works Department. f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty (50) feet back from the ultimate edge of right-of-way to the connecting public street. 5. Culs-de-sac. No private street that ends in a cul-de-sac or a dead end shall be longer than five hundred four hundred fifty (500450) feet. 6. Common driveways. No common driveways shall be allowed off of a private street. 7. Street network. The overall street network within the surrounding area shall allow for properties to connect at regular intervals in order to promote connected neighborhoods and traffic flow within the mile section. Table 11-3G-4 Site amenities and point value Add a multi-modal amenity similar to multi-family developments. Site amenity Point Value Multi-Modal Amenities Charging stations for electric vehicles installed with a business center, clubhouse or fitness facility 4 DATE: 07/01/2022 7 11-3G-5B General standards for common open space and site amenities With the recent update to the open space standards, there was section of code that was inadvertently removed from code. B. Improvements and landscaping. 1.Common open space shall be suitably improved for its intended use, except that natural features such as wetlands, rock outcroppings, natural waterways and riparian areas, open ditches, and laterals may be left unimproved. 2. Common open space shall comply with the applicable landscaping requirements set forth in Article 11-3B, Landscaping Requirements, of this Title. 3. At a minimum, common open space areas shall include one deciduous shade tree for every five thousand (5,000) square feet of area and include a variety of trees, shrubs, lawn, or other vegetative ground cover. 11-4-3-10 Drinking Establishments Increase parking standards for this use A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. B. The drinking establishment shall not be located within three hundred (300) feet of a property used for a church or any other place of worship, or any public or private education institution, nor shall the drinking establishment be located within one thousand (1,000) feet of an adult entertainment establishment; provided, that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area but subsequent to licensing came therein; the expansion of an existing establishment may be allowed with the approval of a conditional use permit as set forth in section 11-5B-6 of this title. C. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with chapter 3, article E, "temporary use requirements", of this title. D. At a minimum, one (1) parking space shall be provided for every two hundred fifty (250) square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. DATE: 07/01/2022 8 11-4-3-12 Dwelling, secondary Change code to support this housing choice. Add another element of affordable housing. A. Permitted. One (1) secondary dwelling unit is permitted on the same property in conjunction with and clearly subordinate to a single-family dwelling. B. Owner occupancy. To create and maintain a secondary dwelling unit, the property owner shall reside on the property for more than six (6) months in any twelve (12) month period. The applicant for a secondary dwelling unit shall demonstrate that either the single-family dwelling or the secondary unit is occupied by the owner of the property. Owner occupancy is demonstrated by title records, vehicle registration, voter registration or other similar means. Secondary dwelling units shall not be subdivided or otherwise segregated in ownership from the single-family dwelling unit. C. Maximum size. Secondary dwelling units shall be limited to a maximum of seven nine hundred (7900) square feet or no more than fifty (50) percent of the primary dwelling, whichever is less, and onetwo (12) bedrooms in size constructed in accord with the adopted residential building code. D. Location. The secondary dwelling unit may be located within or attached to the primary dwelling; a detached structure; or above or beside a detached structure, such as a garage. Detached secondary dwelling units shall be located to the side or rear of a primary dwelling. No portion of the secondary dwelling unit shall be located in front of the primary dwelling unit. E. Parking. Required parking for the property shall be as set forth in section 11-3C-6, table 11-3C-6 of this title for single-family dwellings, as determined by the total number of bedrooms on the property. The conversion of a covered parking area (garage/carport) into a secondary dwelling unit is not allowed unless the required parking can be provided elsewhere on site. F. Entrance. Only one (1) entrance door of either the single-family dwelling or the secondary dwelling unit shall be located facing any one street. G. Design. The secondary unit shall be consistent in design with the single-family dwelling, including roof pitch, siding, color, materials, and window treatments. H. Prohibitions. Manufactured and mobile homes, and recreation vehicles shall be prohibited for use as a 11-4-3-16 Entertainment secondary dwelling unit. establishment, adult Strike C. from the specific use standards as this is no longer applicable. C. License required. The applicant shall obtain and/or maintain a license in accord with title 3, chapter 10 of this Code. DATE: 07/01/2022 9 11-4-3-27C Common open space design requirements Clarify which sections are eligible for ALT and when common open space adjacent to collector and arterial streets qualifies. C. Common open space design requirements. 1.The total baseline land area of all qualified common open space shall equal or exceed ten (10) percent of the gross land area for multi-family developments of five (5) acres or more. When multi-family is approved concurrently with single-family, the minimum open space requirements in 11-3G-3 shall apply to the gross land area of entire development. 2. All common open space shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. Open space areas that has been given priority in the development design have: (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environmental Design (CTED) standards; and (4) Support a range of leisure and play activities and uses. Irregular shaped, disconnected or isolated open spaces shall not meet this standard. b. Open space shall be accessible and well connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering and relaxation to serve the development. 3. All multi-family projects over twenty (20) units shall provide at least one (1) common grassy area DATE: 07/01/2022 10 11-4-3-27C continued DATE: 07/01/2022 11 11-4-3-27 Multi-family development MPD wants a specific code section to address access into MF buildings with secured common corridors. G. Police access under exigent circumstances. Multifamily developments with units that take access via secured common corridors shall install and maintain a keyless entry system, or suitable alternative, to provide police access to the common corridors under exigent circumstances. The keyless entry system or alternative shall be subject to review and approval by the Meridian Police Department. 11-4-3-34H Storage facility, self-service Making this section clearer when secondary emergency access is required. H. The facility shall have a second means of access for emergency purposes as determined by the Fire Marshal. 11-4-3-41 Vertically-integrated residential project Add additional design criteria to support this use in other zoning districts. A. A vertically integrated residential project shall be a structure that contains at least two (2) stories. B. A minimum of twenty-five (25) percent of the gross floor area of a vertically integrated project shall be residential dwelling units, including outdoor patio space on the same floor as a residential unit may count towards this requirement. C. A minimum of ten (10) percent of the gross floor area of a vertically integrated project shall be used for nonresidential uses as specified in subsection E below. DC. The minimum building footprint for a detached vertically integrated residential project shall be two thousand four hundred (2,400) square feet. ED. The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; daycare facility; drinking establishment; education institution; financial institution; healthcare or social assistance; industry, craftsman; laundromat; nursing or residential care facility; personal or professional service; public or quasi- public use; restaurant; retail; or other uses that may be considered through the conditional use permit process. FE. None of the required parking shall be located in the front of the structure. G. A minimum of fifty (50) square feet of private, usable open space shall be provided for each residential dwelling unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section, the Director may consider an alternative design proposal through the alternative compliance 11-4-3-50 Live/work residential project Add new specific use standards to provisions as set forth in Section 11-5B-5 of this Title. incorporate live/work residential project that aligns with the adopted building code. 11-4-3-50 - Live/work residential project A. A live/work structure shall not exceed 3,000 square feet. B. The nonresidential area shall be limited to the first floor only and not exceed fifty (50) percent of the gross floor area of the structure. C. The nonresidential area shall be used by the occupant of the dwelling. No more than five (5) employees shall occupy the area at any one time. D. Parking standards shall comply with the vertically-integrated residential project standards. E. The allowed nonresidential uses in a live/work project include: arts, entertainment or recreational facility artist studio, and personal or professional service, retail; other uses may be considered through a conditional use permit. DATE: 07/01/2022 12 Table 11-5A-2 Alternative Compliance ALT should be submitted concurrently with CUP application and included in the analysis of the staff report for consideration by the Commission. The official decision would be included in the Findings document for the associated CUP, which includes appeal language. Alternative compliance None D A Alternative compliance (concurrent with conditional use permit) D PZ PH Table 11-5A-2 Conditional use (with concurrent annexation, rezone, preliminary plat and/or combination ALT and MDA applications should be submitted concurrently with CUP application and included in the analysis of the staff report for consideration by the Council. Conditional use (concurrent with annexation, rezone, preliminary plat, alternative compliance, development agreement modification and/or combination plat) PZ CC PH Table 11-5A-2 Decision making authority and process by application Aligning code with State Statue 40- 203. ACHD is the decision-making body. Unified Development Code amendment PZ CC PH Vacations: Exempt per Idaho Code § 50-1306A(5) None D A Right-of-way D CC PM All others D CC PH Table 11-5B-3C.3 Annexations and rezones Requiring concept plans submitted with annexation and/or rezone applications to include # of dwelling units and square footages of buildings. 3. Annexation and/or rezone requests are not accompanied by a conditional use permit or planned unit development, the applicant shall provide a conceptual development plan that depicts streets, site access, internal circulation patterns, connectivity to adjacent properties, parking, general location of buildings, including number of dwelling units and nonresidential building square footages, pedestrian walkways and public or private open space. Notes: 5 The required number of parking spaces associated with a non-residential structure approved as an amenity for a multi-family development shall be exempt from the parking standards required for nonresidential uses as listed in subsection B. 2. Site design. a. Extend or improve streets, drive aisles, cross access easements or similar vehicular and pedestrian connections provided from adjacent properties. b. For lots with frontage on a public street, a minimum of forty (40) thirty (30) percent of the buildable frontage of the property shall be occupied by building facades and/or public space. Within mixed use areas, and for large multi-building developments, buildings may be placed away from roadways if a minimum of thirty (30) forty (40) percent of the buildable frontage is occupied by building facades and/or public space. 3. Parking lots. a. For properties greater than two (2) acres in size, no more than fifty (50) percent of the total off street parking area for the site shall be located between building facades and abutting streets. This requirement may be reduced or waived at the determination of the director in industrial districts where there is an operational need to separate a secure outdoor storage yard from the parking area. residential district Add live/work residential project to the table as a use. Use R-2 R-4 R-8 R-15 R-40 Laundromat 1 - - - A A/C Live/work residential project - - - C C Manufactured home park - - - C -