Loading...
HomeMy WebLinkAboutPZ - Text Table FinalDATE: 06/15/2023 1 Proposed UDC Text Amendments UDC Section Topic Reason for Change Proposed Change Table 11-2A-2 Allowed use table in the residential districts Allow family daycares in the R-2 zoning district. Use R-2 R-4 R-4 R-8 R-15 R-40 Daycare, family1 - A A A A A C 11-2B-3A.3 Standards City is receiving more requests for height exceptions in certain locations. This is adding a new provision to the code to allow taller buildings in appropriate locations. 3. Maximum height limit. a. The maximum height limitations shall not apply to the following architectural features not intended for human occupation. steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty (20) feet as measured from the roofline. b. The maximum height limitations shall not apply to the following: spire; amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. c. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and takeoff of aircraft in an established airport. d. Additional height not to exceed twenty (20) percent of the maximum height allowed for the district may be approved by the Director through the alternative compliance procedures set forth in chapter 5, "administration", of this title. Additional height shall be allowed when the development provides ten (10) percent of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. e. Additional height exceeding twenty (20) percent of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with subsection (A)(3)d of this section requires approval through a conditional use permit. f. A maximum building height of one hundred (100) feet may be requested in the C-C, C-G, M-E, and H-E properties districts for properties within seven hundred fifty (750) feet of I-84 right of way and properties abutting I-84 interchanges. DATE: 06/15/2023 2 11-3A-3A Access to streets A property owner can’t grant an easement to themselves if they own multiple properties sharing access. Legal has advised Planning that the best way to ensure cross access is granted in this secenario is through the platting process. Therefore, staff is clarifying this section of code to include additional language that requires the dedication through a plat note. There may be instances when a property is not platting and therefore cross access can still be dedicated by a recorded easement. 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, either by recorded easement or as a note on a recorded final plat. This standard is intended to apply primarily to nonresidential properties, but may extend to residential properties where the use is anticipated to change to a nonresidential use. 3. All subdivisions must provide local street access to any use that currently takes direct access from an arterial or collector street. 11-3D-4 Prohibited signs Added at the request of Legal to make it illegal to advertise illegal activity within City limits. The following types of signs are prohibited in all districts: A. Any sign not specifically allowed by this article as determined by the Director. B. Any private signs on publicly owned property, including the public right-of-way, except as otherwise specifically permitted, in writing, by the authorized public agency. C. Any signs which because of color, wording, design, size, movement, location or illumination resemble or conflict with any traffic control device or with the safe and efficient flow of traffic. D. Any sign displaying red, blue or blinking intermittent light likely to be mistaken for a warning or danger signal. E. Any signs that emit any sound, odor or visible matter. F. Any abandoned nonconforming signs (see section 11-1B-6 of this title and section 11-3D-8 of this article). G. Any benches with commercially available space for advertising, except that the transportation authority may place such benches at a designated bus stop. H. Any sign that includes strobing, revolving or flashing lights. I .Any sign using a prohibited light source as set forth in section 11-3A-11 of this chapter. J. Any signs within the clear vision triangle as set forth in section 11-3A-3, "access to streets", of this chapter. K. Any signs for illegal usesadvertising activity that is illegal in Meridian. L. Any signs that block the visibility of any other sign due to their location, size, and/or height within a fifty-foot radius. M. Any roof signs N. Any sign within any stream or drainage canal or within a floodway. O. Any sign not maintained in a safe condition. P. Any sign advertising an establishment that sells a controlled substance or drug paraphernalia, as such terms are defined in Idaho Code section 37-2701. DATE: 06/15/2023 3 Table 11-3C-6 Required parking spaces for residential use (MF) Modify footnote 1 to allow parking stall dimensions with carports to meet the required stall and drive aisle dimensions in UDC Table 11-3C-5. Notes: 1 The size of the garage or carport required for dwelling units shall be measured by exterior dimensions and shall be at least ten (10) feet by twenty (20) feet for a one-space garage or carport and 20 feet by 20 feet for a two-space garage or carport. All other required parking shall meet the required stall and drive aisle dimensions in UDC Table 11-3C-5. 11-4-3-2 Arts, entertainment or recreational facility, indoors or outdoors Require a conditional use permit for outdoor lighting A. General standards. 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred (100) feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. 2. No outdoor event or activity center shall be located within fifty (50) feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m. 3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with section 11-3A-13, "outdoor speaker systems", of this title. B. Additional standards for swimming pools. Any outdoor swimming pool shall be completely enclosed within a six-foot nonscalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this Code. C. Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred (100) seats or more or within one thousand (1,000) feet of a residence or a residential district shall be subject to approval of a conditional use permit. D. Outdoor lighting, including lighted fields, designed for the site shall comply with section 11-3A-11, “outdoor lighting”, of this title. These standards may be modified through the approval of a conditional use permit. 11-4-3-10 Drinking establishment Clarifying this section of code for consistency with State Statute. A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. B. The If a dDrinking establishments or expansion of such useshall not beis 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, it may be allowed with the approval of the decision-making body set forth in Chapter 5 of this title.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. nor shall theA drinking establishment shall not be located within one thousand (1,000) feet of an adult entertainment establishment, as defined in Chapter 1, Article A. “definitions”, of this Title; 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. 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. DATE: 06/15/2023 4 11-4-3-27B.1 Minimum building setback Need to clarify applicability of the building setbacks for the residential buildings. B. Site design 1. Residential Bbuildings shall provide a minimum setback of ten (10) feet unless a greater setback is otherwise required by this title and/or Title 10 of this Code. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. DATE: 06/15/2023 5 11-4-3-27C.3b Alternative Compliance to open space standards for multi-family developments This is a clean-up item – the alternative compliance is in the wrong section; it applies to subsection C.1 and C.2. It should be a separate # (3). The following numbering after C.3 should be adjusted accordingly. 3. Alternative compliance is available for the standards listed in subsections (C)1 and (C)2 above, if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas. All multi-family projects over twenty (20) units shall provide at least one (1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA, without crossing an arterial roadway, are exempt from this standard. a. Minimum size of common grassy area shall be at least five thousand (5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. b. Alternative compliance is available for the standards listed in subsections (C)1 and (C)2 above, if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas. 34. All multi-family projects over twenty (20) units shall provide at least one (1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA, without crossing an arterial roadway, are exempt from this standard. a. Minimum size of common grassy area shall be at least five thousand (5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. 45. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty (150) square feet for each unit containing five hundred (500) or less square feet of living area. b. Two hundred fifty (250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred (1,200) square feet of living area. c. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area. 56. Common open space shall be not less than four hundred (400) square feet in area, and shall have a minimum length and width dimension of twenty (20) feet. 67. In phased developments, common open space shall be provided in each phase of the d evelopment consistent with the requirements for the size and number of dwelling units. 78. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four (4) feet in height, with breaks in the berm or barrier to allow for pedestrian access. 89. Buffer(s): One hundred (100) percent of the landscape buffer along collector streets and fifty (50) p ercent of the landscape buffer along arterial streets that meet the enhanced buffer requirements below may count towards the required baseline open space. DATE: 06/15/2023 6 11-4-3-41 Vertically integrated residential project Clean-up item for this section code. 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, 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. D. The minimum building footprint for a detached vertically integrated residential project shall be two thousand four hundred (2,400) square feet. E. 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. F. 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, tThe Director may consider an alternative design proposal through the alternative compliance provisions as set forth in Section 11-5B-5 of this Title. 11-5A-3(F) Administrative process Legal requested the change for consistency with state statutes. F. Request for City Council review. The City Council may be asked to review any decision of the Director or the commission by an applicant, any party of a recordaffected person, or a City Council member through the provisions set forth in section 11-5A-7, "City Council review process", of this article. 11-5A-4 Administrative process Legal requested the change for consistency with state statutes. A. For purposes of this section, "parties of record" “affected person” shall include (1) the applicant, (2) property owners of record within one hundred (100) feet of the exterior boundary of the application property, and (3) any person who, in writing, specifically requests such status as to a particular application with a bona vide interest in real property that may be affected by a land use decision pertaining to the applicant’s request, provided that the person requests, in writing, such status. B. Where the process specified by section 11-5A-2, table 11-5A-2 of this article is administrative with public notice. 1. Prior to submittal of an application, the applicant shall hold a neighborhood meeting in accord with subsection 11-5A-6C of this article, except that notice of such neighborhood meeting shall be provided to all property owners of record within one hundred (100) feet of the exterior boundary of the application property. 2. Upon submission of a complete application, the community development director or designee shall review such application and shall: a. Prepare a final decision of denial, which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code § 67-6519; or b. Prepare a final decision of approval, which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code § 67-6519 and shall set forth any and all conditions of approval. 3. The community development director or designee shall provide to the applicant notice of the final decision. 4. The community development director or designee shall provide to parties of record affected persons notice of the final decision and notice of the opportunity and time within which to seek City Council DATE: 06/15/2023 7 11-5A-6 Public hearing process Legal requested the change for consistency with state statutes. 1. The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord with the procedures set forth in title 1 of this Code. 2. If the decision-making body (see section 11-5A-2, table 11-5A-2 of this article) finds that it does not have sufficient information to make a decision, it may continue the public hearing. The decision- making body may also choose to conduct a study session with all parties of record affected persons to address questions and issues related to the application. 3. The decision-making body (see section 11-5A-2, table 11-5A-2 of this article) may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties. 4. After the conduct of the public hearing, the Planning and Zoning Commission may recommend approval, recommend denial, approve, approve with conditions, or deny the application request; the City Council may approve, approve with conditions, or deny the application request. 5. The decision-making body (see section 11-5A-2, table 11-5A-2 of this article) action shall be made within seventy (70) days after receiving all information to make a decision. For applications where the commission is acting as a recommending body, the commission shall forward its recommendation to the Council within seventy (70) days. 6. The decision-making body (see Section 11-5A-2, Table 11-5A-2 of this Article) shall provide the applicant written findings of fact and conclusions of law in accord with I.C. 67-6519 and 67-6535 stating the reasons for the decision reached. Conditions of approval shall be attached to the written decision or recommendation. [7. Reserved.] 7.8. If revised plans are required by Director, Commission or Council, the applicant shall provide those fifteen (15) days prior to the scheduled hearing for review and approval. If plans are not received within the established timeframe, the project may be continued to extend the review period. DATE: 06/15/2023 8 11-5A-7 City Council review process Legal requested the change for consistency with state statutes. A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission concerning the administration of this title may be made by an applicant, the Director, or a party of record an affected person. B. All requests for review shall be filed in writing with the department within fifteen (15) days after the written decision is issued. The request shall include the following information: 1. The decision being requested for review; 2. The name and address of the person requesting the review and their interest in the matter; and 3. The specific grounds upon which the request is made. C. All requests for review of the action of the Director or commission, shall require a de novo public hearing before the City Council as set forth in Section 11-5A-6 of this article to reach a decision to uphold or overrule the action. D. By simple majority vote, the City Council may uphold or overrule the decision. 1. In the case of consideration of a decision of the Director: a. If the action is overruled, the City Council shall issue a written decision and send the matter back to the Director for action consistent with the City Council's decision. b. If the action of the Director is upheld, the City Council shall issue a written decision stating the decision and the reasons for the decision. 2. In the case of consideration of a decision of the commission, if the decision is overruled, the Council shall issue findings consistent with the decision. E. A request for City Council review stays all proceedings in furtherance of the action unless the Director certifies to the Council or commission, after notice of the request is filed, that by reason of facts stated in the application, a stay would in the Director's opinion cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the Council or court based on an application, with notice showing due cause. F. Within ten (10) days, after a decision has been rendered by the City Council, the Director shall send a copy of the written decision to the individual requesting the City Council review and the applicant, as may be applicable. 11-5B-5 Table 11-5B-5 Clean-up item to align with the specific use standards in Chapter 4. Added this to the table in Chapter 5. Structure and site design review standards 11-3A-19 Vertically integrated residential project private usable open space standards 11-4-3-41G DATE: 06/15/2023 9 11-5B-5E Required findings Other decision-making bodies need to be added based on a previous change to UDC Table 11- 5A-2 which now allows Commission and Council to be the decision-making body on alternative compliance request when there is a concurrent CUP or AZ, RZ, PP and/or PFP application. E. Required Findings. In order to grant approval for an alternative compliance application, the Director decision-making body shall determine the following: 11-5B-6E Findings “Council” needs to be added based on a previous change to UDC Table 11-5A-2, which now allows Council to be the decision-making body on CUP’s when there is a concurrent AZ, RZ, PP and/or PFP application that requires Council action. E. Findings. The commission or City Council, as applicable, shall base its determination on the conditional use permit request upon the following: DATE: 06/15/2023 10 11-6C-3D Common driveways Require common drives D. Common Driveways. 1. Maximum Dwelling Units Served. Common driveways shall serve a maximum of four (4) dwelling units. In no case shall more than three (3) dwelling units be located on one (1) side of the driveway. 2. Width standards. Common driveways shall be a minimum of twenty (20) feet in width, unless a greater width is required by the City Engineer. All common driveways shall be on a common lot. 3. Maximum length. Common driveways shall be a maximum of one hundred fifty (150) feet in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards. Common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment. 5. Abutting properties. All properties that abut a common driveway shall take access from the driveway; however, if an abutting property has the required minimum street frontage, that property is not required to take access from the common driveway. In this situation, the abutting property's driveway shall be on the opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five- foot wide landscaped buffer planted with shrubs, lawn or other vegetative groundcover. 6. Turning radius. Common driveways shall be straight or provide a twenty-eight-foot inside and forty- eight-foot outside turning radius. 7. Depictions. For any plats using a common driveway, the setbacks, fencing, building envelope, landscaping and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. 8. Ingress and egressEasement. A pPerpetual ingress/egress easement shall be required either by a recorded easement or as a note on a recorded final platfiled with the Ada County Recorder., which shall The easement or plat note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance. 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 section and shall not be detrimental to the public health, safety, and welfare.