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HomeMy WebLinkAboutCC - Commission Recommendation and Staff Report and Draft Changes Final STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/8/2023 DATE: ' 16 44 55 0 TO: Mayor&City Council 26 FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 SUBJECT: ZOA-2023-0001 — 2023 UDC Text Amendment Legend �. LOCATION: City wide AOCI County — 69 Line Future Road I. PROJECT DESCRIPTION The Meridian Planning Division has applied for a Unified Development Code (UDC)text amendment to update certain code sections AND add new standards throughout Chapters 2-5, Title 11 of Meridian City Code. II. APPLICANT INFORMATION A. Applicant: City of Meridian Planning Division 33 E. Broadway Ave, Suite#102 Meridian,ID 83642 III. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 6/21/2023 7/23/2023 newspaper Public Service Announcement 6/20/2023 7/20/2023 Nextdoor posting 6/20/2023 7/20/2023 Page 1 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) A. Comprehensive Plan Text(https:llwww.meridianciU.or /g compplan): 3.01.0113 -Update the Comprehensive Plan and Unified Development Code as needed to accommodate the community's needs and growth trends. Many of the requested code changes associated with this text amendment are meant to serve community needs, support current growth trends and maintain the integrity of the plan. 3.04.01B—Maintain and update the Unified Development Code and Future Land Use Map to implement the provisions of the Comprehensive Plan. City staff keeps a running database of code revisions throughout the year. The Department is tasked with keeping the code current and relevant. Staff believes the proposed changes encompass the vision of the plan and is largely supported by those who participated in the process. V. UNIFIED DEVELOPMENT CODE ANALYSIS (UD The proposed text amendment provides a broad range of changes and additions to multiple code sections. This is the first one in a series of others to follow in the upcoming year. This phase of text changes includes several modifications throughout Chapters 2-5 of the Unified Development Code(UDC)and are clean-up items that have been tracked since the last code update. The most notable text changes are as follows: 1. Table 11-2A-2—Allowed use table in the residential districts: Proposes to allow family daycares in the R-2 zone; 2. UDC 11-2B-3A.3—Commercial standards: Proposes to allow a maximum height of 100 feet in some of the commercial districts when it is within a certain distance of the I-84 corridor. 3. UDC 11-4-3-2 Arts, entertainment or recreational facility,indoor or outdoor specific use standards: Proposes to require conditional use permit for outdoor lighting if compliance with the lighting standards isn't feasible. 4. UDC 11-4-3-10 Drinking establishment specific use standards: Proposes to remove the prohibition of this use when it is within three hundred feet of a church or education institution. All the proposed changes to the UDC are included as part of the public record. Staff has purposely not attached the table of changes in the staff report to minimize the size of the report and improve the review quality of the document for the public, Commission, and Council. Commentary associated with proposed changes are also part of the table that explains the reason for the modification or addition to the code. All of the proposed changes went through an extensive and collaborative review process over several months between City staff and the UDC Focus Group. In summary, City Staff believes the proposed changes will make the implementation and use of the UDC more understandable and enforceable. VI. DECISION A. Staff: Staff recommends approval of the proposed text amendment to the UDC based on the analysis provided in Section IV and V, modifications presented in Exhibit A and the Findings of Fact and Conclusions of Law in Section VIII. Page 2 B. The Meridian Planning and Zoning Commission heard this item on July 6,2023.At the public hearing,the Commission voted to recommend approval of the subject ZOA request. 1. Summary of Commission public hearing_ a. In favor: Planning Division b. In opposition:None c. Commenting. None d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Kurt Starman 2. Key issue(s) public testimony a. None 3. key issue(s)of discussion by Commission: a. Commission discussed with Legal if the proposed code changes to the sign ordinance infringed on any first amendment rights. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None B. City Council: Enter Summary of City Council Decision. Page 3 VII. EXHIBIT A. Proposed Table of Text Changes—Click here to review the changes VIII. FINDINGS 1. UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: (UDC 11-5B-3E) 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: A.The text amendment complies with the applicable provisions of the comprehensive plan; The Commission finds that the proposed UDC text amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section IV, of the Staff Report for more information. B. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and The Commission finds that the proposed zoning ordinance amendment will not be detrimental to the public health, safety or welfare if the changes to the text of the UDC are approved as submitted. It is the intent of the text amendment to further the health, safety and welfare of the public. C. 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 zoning ordinance amendment does not propose any significant changes to how public utilities and services are provided to developments. All City departments,public agencies and service providers that currently review applications will continue to do so. Please refer to any written or oral testimony provided by any public service provider(s)when making this finding. Page 4 Proposed UDC Text Amendments UDC Section Topic Reason for Change Proposed Change Table 11-2A-2 Allowed use table in the Allow family daycares in the R-2 residential districts zoning district. Use R-2 R-4 R-4 R-8 R-15 FR-40 Daycare, family' -A A A A A C 11-213-3A.3 Standards City is receiving more requests for 3. Maximum height limit. height exceptions in certain locations. This is adding a new a. The maximum height limitations shall not apply to the following architectural features not intended provision to the code to allow for human occupation. steeple, belfry, cupola, chimney. Such architectural features shall have a taller buildings in appropriate maximum height limit of twenty (20) feet as measured from the roofline. locations. 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 shall be allowed for C-C. C-G M-E, and H-E zoned properties within seven hundred fifty 750 feet of I-84 right of way and properties adjoining I- 84 interchanges. DATE: 06/15/2023 1 11-3A-3A Access to streets A property owner can't grant an A. The following standards shall apply to any use and/or property that takes direct access to an arterial easement to themselves if they and/or collector roadway. Prior to any new, expanded, or extended use or development of the own multiple properties sharing property: access. Legal has advised Planning that the best way to ensure cross 1.Where access to a local street is available,the applicant shall reconfigure the site circulation plan to access is granted in this secenario take access from such local street. is through the platting process. Therefore, staff is clarifying this 2.Where access to a local street is not available, the property owner shall be required to grant cross- section of code to include access/ingress-egress easements to adjoining properties, either by recorded easement or as a note on additional language that requires a recorded final plat. This standard is intended to apply primarily to nonresidential properties, but the dedication through a plat may extend to residential properties where the use is anticipated to change to a nonresidential use. note. There may be instances when a property is not platting 3.All subdivisions must provide local street access to any use that currently takes direct access from and therefore cross access can an arterial or collector street. still be dedicated by a recorded easement. 11-3D-4 Prohibited signs Added at the request of Legal to The following types of signs are prohibited in all districts: make it illegal to advertise illegal activity within City limits. 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 feF illegal u advertising 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. 0.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 2 Table 11-3C-6 Required parking spaces Modify footnote 1 to allow for residential use (MF) parking stall dimensions with Notes: carports to meet the required stall 1 The size of the garage eF eaFpet required for dwelling units shall be measured by exterior and drive aisle dimensions in UDC dimensions and shall be at least ten (10) feet by twenty (20) feet for a one-space garage OF eaFpOF Table 11-3C-5. and 20 feet by 20 feet for a two-space garage or- car-por- .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 Require a conditional use permit A. General standards. recreational facility, for outdoor lighting indoors or outdoors 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 11outdoor 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 A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or consistency with State Statute. distribution of alcoholic beverages. B.T4,e-If a dl3rinking establishments or expansion of such useshalll not pis 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 dFinkin establishment be locate' within one thousand 1000) feet of an adult enteFtaiameat L 1 that this limitation shall not apply to any duly licensed pFenn-i-se-s th-at-at the t-Anne of heensing did- Pet conne within the Festrieted- -;,Fea but subsequent to licensing came theFeia; the expansion of an existing establishment may be allowed Nvith C. neF shall th A 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- 1 no outside activity or- event site,all be the except in accord with ehapteF 1 aFtiele 1 "temporary u , of this title. D. For properties abutting a residential district, no outside activity or event shall be allowed on the site, exce t in accord with chapter 3 article E. "temporary use requirements", of this title. DATE: 06/15/2023 3 11-4-3-27B.1 Minimum building setback Need to clarify applicability of the B. Site design building setbacks for the residential buildings. 1. Residential-9buildings 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 4 11-4-3-27C.3b Alternative Compliance to This is a clean-up item —the 3.Alternative compliance is available for the standards listed in subsections (C)1 and(C)2 above,if a project has a unique open space standards for alternative compliance is in the ar eted demographic:utilizes otherplace-making design elements in Old-Town or mixed-use future land use designations multi-family developments wrong section; it applies to vvith collectively integrated and shared open s ace areas.All multi family projects over twenty rem units shall p id at subsection CA and C.2. It should be east one (1) common gFassy aFea inteffated into the site Elesign allowing fOF geneFal activities by all ages.This area may be a separate # (3). .neluded in the ' ' fttiFed open spaee total.PFajeets that pf:evide safe ac-eess to adjaeeat publie parks of:parks The following numbering after C.3 • should be adjusted accordingly. a.Mi"u— ---'z-e of eammon Iffassy aFea shall be at least five thousand(5,000)squaf:e feet in aFea.This af:ea shall ineFease pf:9poFtionately as the numbef:of units inc-Fease and shall be eommeasuFate to the size of the multi family development as �eteFmiaed by the deeisk)n making body.WheFe this aFea eannat be inef:eased Elue te site eanstf:aints,it may be ineluded Asewhere in the development. b.Alter-native compliance is available fOF the standaFdS listed in subsections (C)i and (C)2 above,if a project has a unique LaFgeted Elemogr-aphic;utilizes other-place making design elements in Old Town OF mixed use futuFe land use designations with collectively integr-ated and shaFed open space areas. 4.All multi-family projects over twenty(20)units shall provide at least one(1) common grassy area integrated into the ite 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 etermined by the decision-making body.Where this area cannot be increased due to site constraints,it may be included lsewhere in the development. 5.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. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of iving area. 6.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. 7.In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. 8.Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to ollector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four(4) feet in eight,with breaks in the berm or barrier to allow for pedestrian access. 9.Buffer(s): One hundred (100)percent of the landscape buffer along collector streets and fifty(50) percent of the andscape buffer along arterial streets that meet the enhanced buffer requirements below may count towards the required baseline open space. DATE: 06/15/2023 5 11-4-3-41 Vertically integrated Clean-up item for this section A.A vertically integrated residential project shall be a structure that contains at least two (2) stories. residential project code. 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 str-iet adheFence to such standard Nyould eFeate inconsistency with the puFpose statements of this seetion7 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 F. Request for City Council review. The City Council may be asked to review any decision of the consistency with state statutes. Director or the commission by an applicant, any party of a receFdaffected 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 A. For purposes of this section, "par-ties of record" "affected person" shall include U the applicant, consistency with state statutes. roperty owners of record within one hundred (100) feet of the exterior boundary of the application roperty, and W any person.yho, ; ,.sting, specifically,.,,quests such status as to a part ,., laF applicaU on with a bona vide interest in real property that may be affected by a land use decision .3ertaining to the applicant's request, provided that the person requests, in writing, such status. DATE: 06/15/2023 6 11-5A-6 Public hearing process Legal requested the change for 1. The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord consistency with state statutes. 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„aFties 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 he 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. 7.8-. 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 7 11-5A-7 City Council review process Legal requested the change for A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission consistency with state statutes. concerning the administration of this title may be made by an applicant, the Director, or a paFty of 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. 11-513-5 Table 11-513-5 Clean-up item to align with the Structure and site design review standards 11-3A-19 specific use standards in Chapter 4.Added this to the table in Vertically integrated residential project private usable open space standards 11-4-3-41G Chapter 5. DATE: 06/15/2023 8 11-513-5E Required findings Other decision-making bodies E. Required Findings. In order to grant approval for an alternative compliance application,the rimer need to be added based on a decision-making body shall determine the following: 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. 11-513-6E Findings "Council" needs to be added based E. Findings. The commission or City Council, as applicable, shall base its determination on the on a previous change to UDC conditional use permit request upon the following: 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. DATE: 06/15/2023 9 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 egress."Perpetual ingress/egress easefflen shall be required either by a recorded easement or as a note on a recorded final late1^a Nvit, the "a^ County Recorder-, ..,hick sh The easement or 12lat 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. DATE: 06/15/2023 10