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Staff Report CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007 STAFF REPORT TO: FROM: Hearing Date: May 17, 2007 Planning & Zoning Commission Caleb Hood, Current Planning Manager 208-884-5533 Ie 'f~"" "'''- r .,j "1.;} l/11~1-') ~nTYm' ftj." " , . .. . - ~ ~1 i 2007 tJrldlaHCit;y Of'~ . I, llMH001.f: JvlE1":dj'''_ ~. -' -v;W' k" dI, '" _r OfIj -" Q~ ,". ICe ;;;;!t<l ,. - ~J).._~. -= SUBJECT: Zoning Ordinance (UDC) Text Amendment ZOA-05-002 Zoning Ordinance/Unified Development Code (UDC) Text Amendment to modify, clean up, and add specific sections to Title 11, Meridian City Code, cormnonly known as the Unified Development Code (UDC). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, the City of Meridian, has applied for a Zoning Ordinance Amendment (ZOA) to amend several sections of the Unified Development Code (UDC). The primary purpose of this application is to amend, and add some specific sections to the UDC. Some of the sections proposed for modification include: definitions, open space, signs, parking, and notice requirements. Please see Section 8 below for a complete list ofthe proposed 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-07- 001). 3. PROPOSED MOTION (to be considered after the public hearing) Approval I move to recormnend approval to the City Council of File Number ZOA-07-001 as presented in the staff report for the hearing date of May 17, 2007 with the following modifications: (add any proposed modifications.) Denial I move to recormnend denial to the City Council of File Number ZOA-07-001 as presented in the staff report for the hearing date of May 17, 2007 for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number ZOA-07-001, to (insert specific hearing date), and direct staff to make the following changes: (insert cormnents here,) 4. APPLICATION FACTS a. Site Address/Location: The proposed changes will effect the development process City-wide. b. Applicant/Representative: C. Caleb Hood, Current Planning Manager, City of Meridian Planning Department c. Applicant's Statement/Justification: Over the past year and a half, it has come to Staff's attention that there are some specific sections of the Unified Development Code (UDC) that need to be amended. Some of these sections proposed for amendment include sign regulations, parking standards, temporary uses, and setbacks. Also, there are some standards that are currently missing from the UDC text which Staff is proposing to add. One of the new sections proposed to be added to the UDC establishes provisions for processing Development UDC Text Amendment 2- ZOA-07-001 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17, 2007 Agreement Modifications. In summary, the changes proposed in this memo represent changes that City Staff believes will make the implementation and use of the UDC more efficient. 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 30, and May 14,2007 c. A public service announcement was broadcast faxed on April 19, 2007 regarding this application. 6. COMMENTS MEETING On April 27, 2007, 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, Meridian Police Department, and the Sanitary Services Company. None of the agencies or departments listed above provided comments at the April 27th meeting. Further, the ACHD has provided a letter stating that they do not have any comments on this application (Letter from Lori Den Hartog, ACHD Planning Review Supervisor, dated May 2, 2007). 7. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the subject Zoning Ordinance Amendment complies with and furthers the goals and objectives of the 2002 Comprehensive Plan. There are a number of actions called for in the Comprehensive Plan which either does not address or are made easier to accomplish through the proposed amendment. Some of the specific Objectives and Actions that support the proposed amendment are listed below: Chapter IV · Goal I, Obj. B, #2 - Amend zoning ordinance and map to ensure wide variety of housing types can be developed and property zoned and land is available. Chapter V . Goal II, Obj. A, #7 - Establish thematic or uniform signage. · Goal III, Obj. B, #1 - Draft appropriate community design ordinances. Chapter VII . Goal I , Obj. C, # I - Amend the zoning ordinance and map to implement this plan (Comprehensive Plan) . Goal I, Obj. A, #5 - Amend the zoning ordinance and map to implement the provisions of this plan. . Goal IV, Obj. C, #7 - Provide for non-exclusive residential zoning that allows for low- impact neighborhood commercial areas to develop in residential districts. Develop standards to regulate neighborhood commercial uses to minimize the impact on the integrity of the residential district. . Goal IV, Obj. C, #10 - Support a variety of residential categories (low, medium and high-density single-family, multi-family, townhouses, duplexes, apartments, UDC Text Amendment 2- ZOA-07-001 PAGE 2 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARlNG DATE OF MAY 17, 2007 condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. · 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 and Generalized Land Use Map. 8. UNIFIED DEVELOPMENT CODE/ZONING ORDINANCE Provided below are existing and proposed sections of the UDC, which staff is proposing to amend (proposed changes in strikethro1:lgfJ. (deletions) and underline (additions)): NOTE: Because most/all of the proposed text changes are of the clean-up variety, and are pretty self- explanatory, staff has not provided any further analysis regarding the requested changes below. NOTE: Except for Section 11-5A-5, all of the following changes were proposed with the application submittal in April (additional changes to the Mailing and Publishing of the Public Hearing Notice have arisen since the application was submitted.) Section 11-1-10 Subsection C 11-1-11 83 11-1-11 o Proposed Text Changes It is a violation of the unified development code for any person to not comply with specific conditions of approval as stated in a certificate of zoning compliance, conditional use permit, accessory use permit, final plat, or planned development as set forth in this title. The notice shall be served upon the owner, tenant or other person responsible for the condition addressed to the last known address of such person. If no address is known, then notice may be made by publication in the newspaper of record for the city of Meridian. The code enforcement officer will record all efforts made to effect service in person or by mail as part of their investigative report. Revocation of Conditional Use or Accessory Use Permit: 1. A conditional use or accessory use permit may be revoked or modified by the city council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit 2. If the city council decides to revoke a conditional use permit or accessory use permit, either on its own action or upon complaint to the city council, the council shall notify the permit holder of its intention to revoke the permit and provide the permit holder with the opportunity to contest the revocation, 3, Fifteen (15) days prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 4. The city council shall make findings of fact and conclusions of law supporting its decision to revoke the conditional use or accessory use UDC Text Amendment 2- ZOA-07-001 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007 permit. If the council does not decide to revoke the permit, no findings of fact and conclusions of law shall be made. 5. An aggrieved permit holder or complainant may appeal the decision of the city council under the administrative procedures act of the state of Idaho, Idaho Code section 67-5270. 11-1A-1 11-1A-1 MICRO PATHWAY: A pedestrian passageway providing access by way of a short travel link between points of destination. MULTIUSE PATHWAY: A passageway that is designed to provide walking, bicycling and other non-motorized recreational opportunities between areas and facilities. 11-1 A-1 11-1 A-1 RESTAURANT: A. The use of a site for the primary purpose of food preparation, having kitchen and cooking facilities, and where meals are regularly serve to the public for compensation. The use includes, but is not limited to, cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery, sushi bar, steakhouse. B. Establishments with a liquor license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.04. 11-1 A-1 C. Establishments with a beer and wine license that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.04, including, but not limited to, brew pubs and wine bars. SECTION LINE ROADS: The following roads are section line roads within the Meridian comprehensive plan: McDermott, Black Cat, Ten Mile, Linder, Meridian, Locust Grove, Eagle, Chinden, McMillan, Ustick, Fairview, Franklin, Overland, Victory, Lake Hazel, Columbia, Star, Amity and Can-Ada. The term shall include other roadways that follow surveying section lines as additional areas are added to the Meridian comprehensive plan. SIGN, MARKETING: A sign advertising the developer, realtor, and/or future tenants of a site under development. STREET PUBLIC: A street that is subject to the jurisdiction of the Idaho department of transportation (ITD) or the Ada County Highway District (ACHD). 11-1 A-1 11-1A-1 11-1 A-1 11-1A-1 YARD, STREET: An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure. On comer lots, the street yard extends from the front property line and the street side property line to the nearest line of the principal structure. YARD, SIDE: An area extending from the street yard to the rear yard between the interior side property line and the nearest line of the principal structure. Correct terms used for street yard and setbacks. See Attached Figure. 11-1 A-1 11-1A-2 Figure 1 UDC Text Amendment 2-Z0A-07-001 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007 11-2A-2 Table 11-2A-3 03 11-2A-4 Table 11-2A-5 Table 11-2A-5 Table 11-2A-5 Table 11-2A-6 Table 11-2A-6 Table 11-2A-6 Table 11-2A-6 Table 11-2A-7 Table 11-2A-7 Table 11-2A-8 Table 11-2B-2 Table 11-20-2 Table 11-2D-4 D3 11-2D-4 F 11-3A-6 B3 11-3A-8 B 11-3A-8 C 11-3A-8 D 11-3A-8 E 11-3A-8 F 11-3A-17 D Wireless communication facility1 PIC PIC PIC PIC PIC One detached accessory building that is less than two hundred (200) 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. Note 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk, Street setback to front loaded garage Street setback to living area andlor side loaded garage Note 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk. Note 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk. '" with shared driveway, alley loaded garage, or private street mew lots (two instances in table) ... attached, townhouse, & two-family duplex DU (in feet) Side setback 5 Note 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk. Side setback 5 Note 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk, Wireless communication facility1 PIC PIC PIC PIC Daycare center Wireless communication facility, amateur radio antenna1 Wireless communication facility1 Any applications that do not meet the criteria in the Downtown Meridian Design Guidelines, as determined by the Director, shall be subject to a conditional use permit as set forth in chapter 5, "Administration", of this title. Except as allowed above, all other open irrigation ditches, laterals, canals, and drains shall be fenced with an open vision fence at least six feet (6') in height and having an 11-gauge, two inch (2") mesh or other construction.... The city of Meridian parks and recreation system plan should be considered when reviewing multiuse pathway designs. Right of way for micro pathways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks, other residential areas, andlor shopping areas. Micro pathways shall have easements at least fifteen feet (15') in width in accord with article B, "Landscaping Requirements", of this chapter. Micro pathways shall be less than two hundred fifty feet (250') or two (2) lot depths in length, whichever is less restrictive, and have a walking surface of at least five feet (5') in width. Landscaping adjacent to pathways shall be installed in accord with article B, "Landscaping Requirements", of this chapter. Sidewalks shall be required on both sides of the street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred fifty feet (150'); sidewalks on only one side of UDC Text Amendment 2- ZOA-07-001 PAGE 5 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17, 2007 11-38-6 E 11-38-7 C1a 11-38-7 C2b 11-38-8 C2d 11-38-14 C 11-38-14 C2 11-3C-4 8 11-3C-4 81 11-3C-4 83 11-3C-5 81 11-3C-5 83 the street may be allowed. Sidewalks shall not be required along private streets in residential developments as set forth in article F, "Private Street Requirements", of this chapter. Subdivision Irrigation Systems: If a pressurized irrigation pump station is required on the developed property, such station shall be on a lot solely dedicated to that pump station. Said lot shall be owned by the entity that owns and maintains the pressurized irrigation system.. Measurement: i. All street buffers with attached sidewalks shall be measured from the back of sidewalk. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate sidewalk location as anticipated by ACHD. ii. All street buffers with detached sidewalks 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 shall have an average minimum separation of greater than four feet (4') to back of curb. All commercial, industrial, and other nonresidential street buffers shall be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners association. Trees required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one (1) tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. Each interior planter that serves a double row of parking spaces shall have at least two (2) trees and shall be covered with low shrubs, lawn, or other vegetative groundcover. Trees shall be centered within the planters. Deciduous shade trees shall be pruned to a minimum height of eight feet (8') above the adjacent parking areas. Evergreen trees and Class III trees are prohibited in interior planters. Extension Of Time For Installation: The building official, upon recommendation of the director, may issue a temporary certificate of occupancy for a specified time period, not to exceed one hundred eighty (180) days when: The applicant has provided surety to the city for the required improvements consistent with the provisions of chapter 5, article C, "Surety Agreements", of this title. The following standards shall apply to all residential properties and to parking areas for residential dwellings: One boat and one travel trailer may be stored in the side or rear yard, where such yard is fully screened with a minimum six-foot (6') closed vision fence. Except as otherwise provided in this section, 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 dustless material, including, but not limited to, asphalt, concrete, pavers, bricks, or recycled asphalt Except as otherwise provided in this section, all off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. This Director may waive this requirement UDC Text Amendment 2- ZOA-07-001 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17, 2007 11-3C-6 Table 11- 3C-6 11-3C-6 G 11-3D-3 B 11-3D-4 A2 11-3D-4 H 11-3D-6 B1 11-3D-8 B 11-3D-9 A 11-3D-10 Table 1 11-3D-10 Table 1 through Table 6 11-3E-2 11-3EA C1 11-3E-5 11-3E-6 for internal parking spaces not adjoining a property boundary, landscape island, sidewalk, pathway, or any similar development feature. This standard shall not apply to temporary uses. Notes: 1. The size of the garage required for dwelling units shall be measured by exterior dimensions and shall be at least 10 feet by 20 feet for a 1 space garage and 20 feet by 20 feet for a 2 space garage. 2. The parking pad shall be measured from garage face to edge of sidewalk or edge of paved travel lane (public street, private street, common driveway, or alley). One bicycle parking space shall be provided for every twenty five (25) proposed vehicle parking spaces or portion thereof, except for single-family residences, two-family duplexes, and townhouses. Pennants, strings of lights, ribbons, streamers, spinners, twirlers or propellers, bubble machines and similar devices of a carnival nature. Upon tentative approval of the application by the director subject to any applicable conditions of approval and the regulations of chapter 5, "Administration", of this title, the applicant or owner shall have six months to obtain a building permit. Existing Violations: No sign permit shall be issued for a property and/or business that has an outstanding notice of violation. Construction signs and/or marketing signs shall be allowed, provided that such signs are erected no more than thirty (30) days prior to the beginning of construction for which a valid building permit has been issued, are confined to the site of construction, and are removed five (5) days after completion of construction and prior to occupancy. Construction signs and/or marketing signs shall be a maximum of thirty two (32) square feet in area, unless legally required by a governmental contract to be larger. (See tables 1 through 6, section 11-3D-1 0 of this article for other standards related to construction signs and marketing signs.) Construction Signs and/or Marketing Signs: The regulations in subsection 11- 3D-6A2 of this article shall also apply. ." If approved, a planned sign program may allow for increases to the background area and other standards for wall signs. Rent, lease and sale signs. Permits Required N Construction and/or marketing (multiple instances in tables) APPLICABILITY: The regulations of this article shall apply to all temporary uses in all districts with the exception that Temporary Fireworks Stands, special events, and seasonal activities that are conducted as part of an education institution shall be deemed accessory uses and shall not be subject to the provisions of this Article, A maximum of one temporary structure shall be allowed and may cover a maximum of seven hundred (700) square feet. 11-3E-5 STANDARDS FOR SUBDIVISION MODEL HOME/REAL ESTATE SALES OFFICES: UDC Text Amendment 2- ZOA-07-001 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007 11-3E-7 11-3E-8 11-3E-9 11-3E-10 11-3E-11 11-3G-3 A 1 11-3H-4 A 11-3H-4 B 11-3H-4 C4 11-4-3 2 11-4-3 9A4 11-4-3 9A6 11-4-3 9A7 11-4-3 12D 11-4-3 12E 11-4-3 21D 11-5A-2 Table 11-5A-2 Table 11-5A-2 Table 11-5A-5 B 11-3E-6 STANDARDS FOR CONSTRUCTION SITES: 11-3E-87 STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS: 11-3E-8 STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENT: 11-3E-9 STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT: 11-3E-10 STANDARDS FOR PROMOTIONAL ACTIVITIES IN NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OR GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE. The total land area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the development Access to and/or from 1-84 and McDermott Road (or future Highway 16 extension): No access shall be allowed except at specific interchange locations as established by the Idaho tTransportation aDepartment Access to and/or from State Highway 69, State Highway 55, and State Highway 20-26: Along Highway 69 and Highway 20-26, the applicant shall be responsible for constructing a ten foot (10') multiuse pathway with a public use easement All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. Upon tentative approval of the application by the director for group and center daycares, the applicant or owner shall secure and maintain a basic daycare license from the state of Idaho department of health and welfare, family and children's services division. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with section 11-5A-5C of this title. Notice ofthe neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this Title, whichever is more restrictive. 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, Parking: At least one parking space shall be provided on site for the secondary dwelling unit in addition to the required parking for the existing residential unit Development agreement modification: Recommending body: D; Decision Making Body: CC; Process: PH Plat, final, modification. Process: PM Plat, short. Recommending body: D; Decision Making Body: CC; Process: PH Preapplication Meeting: No more than four (4) months prior to submitting an application, applicants for permits requiring a public hearing are required to UDC Text Amendment 2- ZOA-07-001 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17, 2007 11-5A-5 C 11-5A-5 D1 11-5A-5 E & F conduct a preaplication meeting with the department. Applicants for permits requiring a public hearing are required to hold a neighborhood meeting to provide an opportunity for publiC review of the proposed project prior to the submittal of an application, except a neighborhood meeting is not required for a vacation, and/or short plat. Required: All applicants for permits requiring a public hearing shall post the subject property, except posting is not required for a unified development code text amendment, comprehensive plan text amendment, vacation, comprehensive plan map amendment initiated by the City, and/or short plat. E. Mailing And Publishing Of The Public Hearing Notice: 1. Legal Notice: At least fifteen (15) days prior to the public hearing, the City shall publish a notice of the time and place and a summary of the application in the official newspaper of general circulation in Ada County. 2. Radius notice: a. At least fifteen (15) days prior to the public hearing, the City shall send a notice by first class mail of the time and place, and a summary of the application to property owners or purchasers of record (as listed in the current records of the Ada County Assessor) owning property within three hundred feet (300') of the property being considered, b. The noticing shall be extended to property owners within one thousand feet (1,000') of the external property boundaries for heavy industries and wireless communication facilities. c, The Director may determine, or other applications provided for in this Title may require, that notices be sent to property owners or purchasers of record whose properties are further than three hundred feet (300') or one thousand feet (1,000') from the external boundaries of the property. d. Notice To Other Jurisdictions: The city shall send notice of the application to other jurisdictions with interest and/or authority over the application, including but not limited, to the following: i. Other jurisdictions with joint jurisdiction; ii. Appropriate utility companies, irrigation companies or districts and drainage districts; iii. Health and transportation authorities; and iv. School district. F, Alternate Forms Of Notice: When posted or mailed notice is required of two hundred (200) or more property owners or purchasers of record, or when the city submits an application for a Comprehensive Plan Map amendment, alternate forms of notice may be provided as follows: a One (1) additional notice of the time and place of the hearing and summary of the proposal shall be published in a newspaper of general circulation within the County, not less than ten (10) days prior to the hearing; and/or b. At least seven (7) days prior to the hearing, a public service announcement shall be made available to newspapers, radio, and television stations servicing the City. c. The city shall send notice to other jurisdictions in accord with UDC Text Amendment 2- ZOA-07-00l PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007 section 11-5A-5E of this article. G. Public Hearing: 11-5A-6 C After receipt of a request for review of the action of the director or commission, the council shall hold a de novo public hearing to reach a decision to uphold or overrule the action, 11-5A-8 MEDIATION. An applicant may request mediation consistent with Idaho Code ~ 67-6510. 11-58-3 02 The city may require a development agreement in conjunction with the annexation or rezone pursuant to Idaho Code section 67-6511A. When required, said development agreement shall be signed by the property owner and returned to the city within one (1) year of the city council granting annexation and/or rezone. 11-58-3 F Development Agreement: 1. The City and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code ~ 67- 6511A. The development agreement may be initiated by the City or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. 2. A development agreement may be modified by the City or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with chapter 5, "Administration", of this title. 11-58-6 F2 For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. 11-58-6 F7 11-58-6 H Revocation: See Section 11-1-110. 11-5C-1 Purpose: the purpose of this article is to establish procedures that guarantee the completion of improvements where city engineer signature on the final plat or occupancy of a structure is desired, but the improvements required by the city have not been completed. 11-5C-2 The provisions of this article shall apply to those improvements that are not needed to protect the public health, safety and life (including but not limited to landscaping, fencing, pressurized irrigation systems and site amenities). The following improvements are needed to protect the public health, safety and life (including but not limited to : water, sewer, and power facilities; parking lot paving and striping; and street paving, and therefore shall be installed prior to occupancy. 11-5C-3 8 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the city engineer, an owner may post surety for such improvements in order to obtain city engineer signature on the final plat. 11-5C-3 C In the event that an applicant and/or owner cannot complete the non-life, non- safety and non-health improvements, such as landscaping, pressurized irrigation, and fencing, prior to city engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. 11-68-5 A1c The proposed subdivision does not exceed four (4) lots (excluding landscaping UDC Text Amendment 2- ZOA-07-001 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007 lots) on previously platted property or does not exceed two (2) lots (excluding landscaping lots) on a parcel of land;; No new street dedication, excluding widening of an existing street, is involved; and A condominium plat application for property in any district may be processed as a short plat where all buildings are constructed or have received building permits for construction. Preapplication Conference: The applicant shall complete a preapplication conference with the director or designee prior to submittal of an application for a short plat. Decision: In accord with chapter 5, "Administration", of this title, a decision on a short plat is made by the city council with recommendation from the director and/or city engineer. Failure To Submit Final Plat Approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. Phased Development In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if signed by the city engineer within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Authorize Extension: Upon written request and filing by the applicant prior to the termination of the period in accord with subsection A and subsection 8 of this section, the director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Abutting Properties: Unless limited by significant geographical feature, or separated by a minimum five-foot (5') wide landscaped common lot, all properties that abut a common driveway shall take access from the driveway. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or as an exhibit with the final plat application. Total easement width shall not be less than ten feet (10'), unless specifically approved by city council at the time of final plat approval or as approved through an easement vacation application. Mailbox Placement The applicant shall provide a letter from the United States Postal Service stating that the mailbox location(s) for the development have been approved. Allows for innovative design that creates visually pleasing and cohesive patterns of development (including but not limited to residential development at densities greater than eight (8) units per acre where garage doors are generally not fronting the street); and Figure 11: Setbacks, Required Yards, and Lot Types 11-68-5 A1d 11-68-5 A2 11-68-5 B 11-6B-5 o 11-68-7 A 11-68-7 8 11-68-7 C 11-6C-3 05 11-6C-3 07 11-6C-3 E2 11-6C-3 11-7-1 A2 UDC Text Amendment 2- lOA-07-00 1 PAGE )) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007 '-'-'-'-'"'@"-'--r'.~-'-'-'-'-'-'-'-'-'!'-'-'-'-'-'-'-'~:7f-.-.-.-.-.. ~ ", ! /> 1 @ @", , /:.." , 1 . . . , '@' i //, @! @'. , .~(' 1 '-'-'-'-'-'-'--1 '. , ,/"_.:~~~:~ 'I ", i ./~",.,. @ . /. I Requi, , , . " I . /,' . '.' \. 1 @ @\ ~ ~ . @"..~ RcquiredSideYa ._._._~~~=~~~ .-I@~' . . .-.-. ...:.:.::.:.:.:::.::.:.:.:......::.-.,ij .@ .s~~ @. @~~ \'../ C9 Street Side . ~~.n@=-.:-r@.._._._@._._. :; .-;::-._.@n:=:;-.~._. @ .:::'';1 @ 'm mmnm_mJ @ If.-...:..::...~ @ : @ mmm_mi@ r @ r~n;.:"::.:.:~:: @@."""C9'1 Setbacks on corner property C9 1J :R E\;V r l{ 1 'V r UDC Text Amendment 2- ZOA-07-001 PAGE 12 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17, 2007 9. RECOMMENDATION Staff recommends approval of the subject Zoning Ordinance Amendment (ZOA-07-001) application, with the changes to the Unified Development Code (UDC) listed in Section 8 of the Staff Report for the hearing date of May 17, 2007. 10. EXHmITS A. Required Findings from Unified Development Code UDC Text Amendment 2- ZOA-07-001 PAGE 13 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; Staff finds that the proposed zoning ordinance amendment complies with the applicable 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 Staff 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. Staff fmds 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