HomeMy WebLinkAboutUDC Text Amendment #2 ZOA Application
TRANSMITTALS TO AGENCIES FOR COMMENTS ON'"
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
~. To insure that your comments and recommendations will be considered by
the Meridian Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: May 10, 2007
Transmittal Date: April 9, 2007 File No.: ZOA 07-001,.
Hearing Date: May 17, 2007
Request: Public Hearing . Zonin~ Ordinance/Unified Development Code (UDC)
TextP.mendment to modify, clean up & add specific sections to the UDC (see
application for details of all sections proposed for amendments) for Unified
Development Code Text Amendment #2
By: City of Meridian Planning Department
Location of Property or Project:
Steve Siddoway (no FP)
_ D~vid Moe (no FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, CIC
Joe Borton, CIC
Keith Bird, CIC
David Zaremba CIC
Water Department
Sewer Department
Sanitary ServiceS(No VAR, VAe, FP)
Building Department I Rich Greene
Fire Department
Police Oepartment
City Attorney
City Engineer
City Planner
Parks Department
_ Economic Dev. (CUP only)
Your Concise Remarks:
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Meridian School District (No FP)
Meridian Post Office(FP/Pp only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (Fp,PP,eup)
Qwest (FP/PP only)
Intermountain Gas (FP/PP only)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR I SW Meridian:
NW Pipeline
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Hearing Date: 5-17-07
File No.:
ZOA-07-001
Project Name: Unified Development Code Text Amendment #2
Request:
Zoning Ordinance/Unified Development Code (UDC) Text Amendment to modify,
clean up, and add specific sections to the UDC - see application for details of all
sections proposed for amendments, by the City of Meridian Planning
Department.
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Planning Department
COMMISSION & COUNCIL REVIEW APPLICATION
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Type of Review Requested (check all that apply)
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o Alternative Compliance
o Annexation and Zoning
o Comprehensive Plan Map Amendment
o Comprehensive Plan Text Amendment
o Conditional Use Permit
o Conditional Use Permit Modification
o Design Review
o Final Plat
o Final Plat Modification
o Planned Unit Development
o Preliminary Plat
o Private Street ~::
o Rezone
o Time Extension (Commission or Council)
iIIUDC Text Amendment
GJNacation (Council)
o Variance
o Other
Applicant Information
Applicant name: C
Applicant address
Applicant's interest in property:
Owner name:4" .,,,,,,"" ,." ""'h"-?~--.' . ",." "-,,""-""'''Y, 'm,,' ","".". ",,,. ",,"' ',e_' "". ''''':~:";'''::::,,-'::'::':':':':'c,':::":;::i'''-
Owner address: '
STAFF USE ONLY:
Filenumber(s): ZoA-o~ -bo'
Project name: U/IlJ,fI8) OEJtiof'mfrJi (Ot)~ THe!
Date filed: '1-b-Oi Date complete: 4~b-07
Assigned Planner: C~ ~uO '., ,-
Related files:
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Heariiig date: 5 ~ IT -01 ~ Commission b Council .
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Zip:
Phone:
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Agent name e.g., architect, engineer, developer, representative):
Firm name:,
Phone:
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Address:
Zip:
Primary contact is: 0 Applicant 0 Owner ,gAgent 0 Other
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E-mail:
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Subject Property Information
Location/street address:
Current land use: _
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Total acreage::
..... >4," . :."3. .(..:T--:-:- ~.":_~;:-::--"J.:'.^~._._~~"j-='-:-~. ..:.
660 E. Watertower Lane;., Suite 202 . Meridian, Idaho 83642
Phone;" (20R) 8?,4-5533 · Facsimile: (208~ RSR-0854 . Website: wl.V\'i!!'!1leridiancit)~'org
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Project/subdivision name:
General description of proposed project/requ<::st: _
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Proposed zoning district(s): '"
Acres of each zone proposed:,
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Type of use proposed (check ali'that apply):
o Residential 0 Commercial 0 Office
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o Other JIlt
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o Industrt~l
. Amenities provided with this development (if applicable};
Who will own & maintain the pressurized irrigation system __ _ mom .,
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Which irrigation district doest,his property lie within?m:_,
Primary irrigation source:,Jf:!=m-'~,c~~""""~':"~':~l'--':' ..." 'm__m"_mm'_ ::mm::::::__ ____""_',<
Square footage of landscaped areas to be irrigated (if pri mary or secondary point of connection is City water):
....................................
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Number of residential units:
Number of common and/or other lots:
Number of building lots:
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Proposed number of dwelling units (for multi-family d~velopments oply):
1 Bedroom: , 2 or more Bedrooms:
Minimum square footage qfstructure(s) (excl. garage):
Minimum property size (s.t):
Gross density (DUlacre-totalland):
Proposed building height:
Average property size (s.f.):
Net density (DU/acre~exc1uding roads & alleys):
Percentage of open space provided: Acreage of open space:
Percentage of use able open spaye: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: 0 Single-family 0 Townhomes 0 Duplexes 0 Multi-family
Number of buildIng lots:
Gross floor area proposed:
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Existing (if applicable):
Building height:
Hours of operation (days and hours):
Percentage of sitelproject devoted to the following:
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Landscaping: Building: Paving:
Total number of employees: Maximum number of employees at anyone time:
Number and ages of students/children (if applicable): Seating capacity:
Total number of parking spaces provided: ti Number of compact spaces provided:
Autl1orization
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P.rint applicant name:
Applicant signature:
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i Date:
""''''''''Cane: Su{te-2b2~-~--;Meridia~,"jdah~'S3642 ~,'
. Facsimile: (208) 888-6854 . Website: \V\*,~v,meridiancity,org
2 (ReI', 9/2/106)
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Memo
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To: Planning and Zoning Commission, Mayor, and City Council
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FI"OI11I C, Caleb Hood, Current Planning Manager
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DatQ: April 6, 2007
Re: Proposed changes to the UDC
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
~I?endment include sign regulation~, p.arking sta~dards, Jtmpor~ uses, a~d set1;>j~ks. Also, there are
. ~ome standards that are currently mlssmg from the UDC text which Staff IS proposmg to add. One of the"
:-,:new sections proposed to be added to tB.e UDC estab'tishes provisions for processing Development
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. Planning Department
Staff is proposing to amendihe UDC sections as follows:
or,
Section
11-1-10
Subsection
C
Pro osed Text Chan es
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,~ccessory use permit. final plat, or planned
develo ment as set forth in this title.
The notice shall be served upon the owner, tenant or other person responsible
for the condition by porsonal so~ce, registered m3il, or certified mail with
return receipt requested addressed to the last known address of such person.
If, after a time and effort is n:ladeJo serve or mail notice without SUCCtl€sllQ
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
re rt,
Revocation of Conditional Use or Accessory Use Permit:
11-1-11
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11-1-11
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1. A conditional use or accessory use permit may be revoked or modified
by the city council, upon notice and hearinq, for breai:h or violation of any
condition of approval or limitation of the permit.
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council. the council shall notify the permit holder of its intention to revoke
the permit and provide the permit holder 1Mith the opportunity to contest the
revocation.
3. Fifteen (15) days prior notice of the htarinq shall be qiven 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.
<I 4. The city council shall maK~ findinqs of fact and conclusions of law
supportinq its decision to revoke the conditional use or accessory use
permit. If the council does not decide to revoke the permit. no findinQs of
fact and conclusions of law shall be made.
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5. An aqqrieved permit holder or complainant may appeal the decision of
., the city council under the administrative procedures act of the state of
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CO~:RCI/'.L VEHICL'E: See definition of Vehicle, Commercial.
MICRO_PATHWAY: A pathlJil::lypedestrian passaqelJday providing access by
wa of a short travel link between oints of destination.
MULTIUSE PA THWA Y:"A passaqeway that is desiqned to provide walkinq,
bicyclinq and other non-motorized recreational opportunities between areas and
f "'6
"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, bu.t 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.
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 ubs and wine bars.
SECTION LINE ROADS: The following roads are section line roads within the
Meridian area of city impactcomprehensive plan: ~Dermott, Black Cat, Ten
Mile, linger, Meridian, Locust Grove, Eagle, Chinden, MtrMillan, 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 area of city :
. om rehensive Ian.
r realtor and/or future
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11-1A-1
11-1 A-1
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11-1A-2 Fi ure 1
11-2A-2 Table
11-2A-3 03
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11-2A-4 Table
11-2A-5 Table
11-2A-5 Table
11-2A-5 Table
11-2A-6 Table
11-2A-6 Table
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11-2A-6 Table
11-2A-6 Table
11-2A-7 Table
11-2A-7 Table
11-2A-8 Table
11-28-2 .' Table
11-20-2 Table
11-20-4 03
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YARO, 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
rinci al structure.
Y ARO, SlOE: An area extending froiiilfle - s reet yard to the rear yard
bftween the interior side property line and the nearest line of the principal
" structure. '"
Correct terms used for street ard and setbaa;ks. See Attached Fi ure.
Wireless communication facility1. stealth -PIC -PIC -PIC PIC PIC,=,
One detached accessory building that is less than two hundred (2QO) square
feet in area and eight feet (8') or less in height shall be allolJ4lled in the require~
" re~r yard. In no case shall an accessory buildinQ be alloJd in the street yard~;
or the re uired side ard._
ote ':" easurea from back of sidewalk or property line \.IIIhere there is no
Stree se ac 0 ront loaded ara e
Street setback to livin area, . ' e I
Note 1. Measured from back of sidewalk or prope V Ine where there is no
ad'acen id k,
Note 1, Measured from back of sidewalk or property line wtlere there is no
ad'acent sidewalk.
... with shared driveway, Gf-alley loa6ied garage, or private street mew lots (tlFro
instances in table ""
,., attached townhouse & two-famil du lex OU in feet
Side setback 4
Note 1. Measured from back of sidewalk or property line where there is no
ad'acent sidewalk"
Side setback 4.5
Note 1. Measured from back of sidewalk or property line vtlere there is no
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11-3A-6 B3
11-3A-8 B
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11-3A-8 C
11-3A-8 D
11-3A-8 E
I. 11-3A-8 F
I 11.3A-17 D
11-3B-6 E
11-3B-7 C1a
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conditional use rmit as set forth in cha ter 5, "Administration'; of this title.
Landscaping Requiremonts: Soo chapter 3, article B, "Landscaping
Except as allowed above, all other open irrigation ditches, laterals, canals, and
drains shall be fenced with an open vision chainlink fence at least six feet (6')
in hei htand havin an 11- au e, two inch 2M mesh or other construction....
The "Bicycle Pedestrian Design Manual For Adi. County" (as prepared by the
Ada County Highway District) and the city of Meridian parks and recreation
system masteF-plan should be considered when reviewing multiuse pathway
desi ns.
Right of 'flay for micro pathways in the middle of long blatks may be required
where neces.sary to obtain convenient pedestrian circulation to schools, parks,
other residential areas, and/or sho in areas.
Micro ~Qathways shall have easements at least fifteen feet (15') in width in
accord with article B, "Landsca in Re uirements", 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 surfC!Ce of .at
least five feet 5' in width.
Landscapinq adiacent to'MreFepathways shall be installed comply '....ith tho
landscaping requirements in accord with article B, "Landscaping
Re uirements", of this cha ter.
Sidewalks shall be required on bo~ 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
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-the street may be allollied. Sidewalksfhall not be required alonq private streets
in residential developments as set forth in article F, "Private Street
Re uirements" of this cha ter.
Slilidlvlslon rngatlon ystems: If .e..tl:le-pressurized irrigation system is part of a
plat, any irrigation pump station is required on the developed property, such
station shall be on a common lot solely dedicated to that pump station. Said lot
The irrigation system shall be ollined by the entity that owns and maintains the
pressurized irriqation system.and maintained by ::m irrigation district or an
o'f.ll1ers' association.
Street Buffers With /\ttJChcd Side',Y.3lksMeasurement:
LAII street buffers with attached sidewalks shall be measured from the
property line and not from the back of sidewalk. Where ACHD is anticipatinq
future \Q/ideninq 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 bC!Ck
of -ef-Curb. Where ACHD is anticipatinq future wideninq 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 a-;eraqe minimum separation of
n four feet 4' to back of curb. "
.commerclal, Industna, ana ot er nonresidential street buffers shall be on a
comlTliln lot or on a permanent oasementdedicated buffer, maintained by the
ro rt owner or business owners association. '.
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11-38-8 C2d
11-38-14 C
11-38-14 C2
11-3C-4 8
11-3C-4 81
11-3C-4
11-3C-5
I 11-3C-5
/11-3C-6
11-3C-6
"111-30-3
83
81
83
Table 11-
3C-6
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Trees required: Each interior planter that serves a single row of parking spaces
shall be landscaped with at least one ill 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 0;;
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 adjaeent parking areas. 5vergreen
trees and Class III trees are prohibited in interior lanters.
Extension Of Time For Installation: The buildina official. upon recommendation
of the director~ may issue a temporary certificate of oocupancy for a specified
time riod, not to exceed one hundred ei h 180 da s when:
The applicant has bondod provided surety to the city for the required
improvements consistent with the provisions of chapter 5, article C, -Surety
A reements", of this title.
The following standards shall apply to all residential properties and to llBarking
areas for re~idential dwellin s:
Parking of one .commercial vehicle- as defined in chapter 1, "Gener.al
Regulations", of this title per p~operty may be allowed, pro',ided it is operated
by the occup_::!.nt and used to commute from home to '....ork ::It ::In off site loc::ltion
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One boat and one travel trailer may be stored in the side or rear yard, 'Mhere
such ard is full screened wi s' - ' _c!o
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 (4j thick, surfaced with dustless material,
including, but not limited to, asphalt, concrete, pavers, bricks, or recycled
as halt.
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
for internal parkina spaces not adioinina a property boundary, landscape island,
sidewalk, pathway, or any similar development feature, This standard shall not
a I to tern ora uses.
Notes:
1.
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The size of the garage required for dwelling units shall be measured by
exterior dimensions and shall be (3t 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 drivewa or aile
One bicyCle- parking sp-ace shall be provided for every twenty five (25) proposed
vehicle parking spaces or portion thereof~ except for single-family residences,
two-famil du lexes, and townhouses.
Pennants, strings of lights, ribbens, streamers, spinners, twirlers or propellers,
balloons, bubble machines and similar deltices of a carnival nature.
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11-30-6 B1
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11-30-8 B
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11-30-9 A "
11-30-10 Table 1
11-30-10 Table 1
through
Table 6
11-3E-2
11-3E-4 C1 <;
11-3E-5
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-t'fThe application shall contain such information as may be required by tho
building codo in accord with title 10 of this code and all appropri3te regulations
of the city. Upon tentative approval of the application by the director subiect to
any applicable conditions of approval and the reQulations of chapter 5,
"Administration', of this title, the applicant or owner shall have six months to
it.
ExistinQ Violations: No sion permit shall be issued for a prooorty and/or
. as tha has en,
Construction signs and/or marketino sions shall be allowed, provided that such
signs are erected no more than thirty (30tdays prior to the beginning of
cq"struct~n for which a valid building permit has been issued, are confinoo to
the site of constroction, and are removed five (5) days after completion of
construction and prior to occupancy. Construction sign~ and/or marketino sions
shall b~ a ma~imum of thirty two (32) square feet in area, unless legally
required by a governmental contract to be larger. (See tables 1 through 6,
section 11-30-10 of this article for other standards 'f'6lated to construction signs
~and marketin si ns. .,
C-onstruction Signs and/or t.1arketino Signs: The regulations in subsection 11-
"I 30-6A2 of this article shall also a I. ;::
I, . ... It;,approved, a planned sign program may allow for increases to the
back round area; . , and other standards for wall si ns.
Rent, lease and sale si ns. Permits Re uired ~N -
- Construction and/or marketino
(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 activillates that are conducted as part of an education
faGility-institution shall be deemed accessory uses and shall not be subiect to
v' . .. Ie.-
;.. maximum of QIle temporary structure shall be allowed and may cover a
maximum of.f&t&s v_e undred leOO s uare feet.
STANo,^,RDS liOR IiilijEWOli(l(S STANDS:
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/1.., The use shall be prohibited in residential districts,
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B. The applicant or owner sh311 obtain writton approval of the IIMoridian city fire
'" departmer'J.l.
C. Dates of fireworks sales shall comply with Idaho Code section 39 2606.
D. Applicant shall comply with the standards for access as determined by the
transportation al:lthority.
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dustlSiEs material.
11-3E-6 11-3E-e~ STANDARDS FOR SUBDIVISION'MODEL HOME/REAL ESTATE
SALES OFFICES:
11-3E-7 11-3E..:t:D STANDARDS FOR CONSTRUCTION SITES: '"
11-3E-8 ;"~ 11-3E-8l STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND
FOOD PRODUCTS:
11-3E-9 11-3E-9~ STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION
~ EVENT:
11-3E-10 11-3E-W~ STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN
I: ARTS, ENTERTAINMENT OR RECREATION EVENT:
11-3E-11 11-3E-14-Q STANDARDS FOR PROMOTIQNAL ACTIVITIES IN +I=I€
NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OR GOODS AND
MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY
PERMITTED USE.
11-3G-3 A1 The total land area df all common open space shall equal or exceed fi.ye..ten
percent (105%) of the Qross land are~ ofthe develoi5ment.
11-3H-4 A Access to and/or from 1-84 and MiDermott Road (or future Highway 16
extension): No access shail be allowed except at specific interchange l()I!ations
~ as established by the Idaho tTransoortation dDeoartment. .' 01
11-3H-4 B Access to and/or from State Rlghway 69,''8tate Highway 55, and State Highway
20-26:
11-3H-4 C4 Along Highway 69 and Hiahway 20-26, the applicant shall be responsible for
constructina a ten foot (10') multiuse pathway with a public use easement.
11-4-3 2 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 areerrs, are an exception to this standard.
11-4-3 9A4 Upon tentative approval of the application by the director for Qroup and center
daycares, t+he 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. .
11-4-3 9AQ Prior to submittal of an application for an aecessorv daycare facility in a
residential district, the applicant or owner shall hold a neiahborhood meeting in
accord with section 11-5A-5C of this title. Notice of the neiQhborhood meeting
shall be provided to all property owners of record within one hundred feet (100')
oi.1he exterior boundarY of the ..
11-4-3 9Al The applicant shall not exceed the maximum number of clients as stated in the
". aooroved oermit or as stated in this Title whichever is more restrictive.
11-4-3 120 Location: The secondary dwelling unit may be~ located withIn or attached to the
primary dwelling;..ara detached structure; or above or beside a detached
structure, such as a garage.
11-4-3 12E Parking: At least (j(Je parking space shall 00 provided on site for the accessory
secondary dwelling unit in ~dition to the required parking for the existing
,. residential unit.
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11-4-3 210 The home occupation shall not inYOlve the use of more than one (1) commorcial
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11-5A-5 B
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11-5A-5 C
11-5A-5 D1
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Development ooreement mailification: Recommendinq body: D; Decision
d: . . r
Plat, final, modification-ta-oote. Process: A PM
Plat, short. Recommending body:-NeRe..Q-; Decision Making Body:-G CC;
Process: A I'
PreapplicationMeeting: No more than four (4) months prior to submittinq an
applieation, aApplicants for permits requirin~ a public hearing are required to
conduct a rea Iication meetin with the de artment.
Applicants for permits requirinq a public hearinq are required to hold a
neighborhOild meeting to provide an opportunity for public review of the
proposed project prior to the submittal of an application, except a neiqhborhood
meetin is not re uired for a vacation and/or short lat.
e-quired: All applicants for permits' applic3tions requiring a public hearing shall
post the subject property, except posting is not required for a unified
development code text amendment, a-comprehensive plan text amendment~
afl€IIaF-vacation, comprehensive plan map amendment initiated by the City,
11-5A-5 E&F E. Mgiling And Publishing Of The Public Hearing Notice:
1. Legql, Notice: At least fifteen (15) days prior to the public hearing,
,~ the ~ity shall publish a notic9lof 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
r summary of the application to property owners or purchasers of
record (as listed in the current records of the Ada County
A 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
'r..'~ 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
':0:': external boundaries of the property.
d. Notice To Other Jurisdictions: The ~ity shall send notice of the
application to other jurisdictions with interest and/or authority over
the application, includinq but not limited, to the followinq:
i. Other jurisdictions with joint jurisdiction;
ii. Appropriate utility companies, irriqation companies or districts
II and drainaqe distriets;
'" Hi. Health and transportation authorities; and
~ iv. School district.
F. Alternate fForms eOf RNotice: When osted or mailed notice is re 'uired
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11-5A-~
11-58-3
11-58-3
11-58-6
11-58-6
11-58-6
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of two hundred (200) or more property owners or purchasers of record,
alternate forms of notice may be provided as follows:
a. In lieu of mailed notico, oQne (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 neWjpa~rs, radio, and
television stations servicing the City. III
c. The city shall send notice to other jurisdictions in accord with
section 11-5A-5E of this article.
4, Notice to other jurisdictions: The city shall send notico of the
application te other jurisdictions with inter.est and/or authority over
the application, including but not limited, te the following:
a. Other jurisdictions with joint jurisdiction;
b. Appropriate utility companies, irrigation companies or districts ::md
drainage districts;
c. Health and transportation authorities; and ·
G: School district.
i-. P.ublic Hearin :
After receipt of a request for review of the action of the director or commission,
the council shall hold a de nov3g public hearing to reach a decision to uphold or
overrule the aetion.
~EDIATION, An applicant may request mediation consistent with Idaho Code &
67-6510.
The city m'ilY 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
. and/or ~
Development AGreement: -.
1. The City and/or an applicant may request a development aqreement or a
modification to a development aqreement 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 findinqs for such request.
2, A development aQreement may be modified by the City or an affected party
of the development aqreement. Decision on the development aQreement
modification is made by the city council in accord with chapter 5,
.''A inist~' " e.
For conditiona use pEmm ~ - hat also require platting, the final plat must b~
recorded within this ei hteen 18 month eriod.
No more than MO (2) one year time extensions may be granted te a single
conditional usa.
Revocation: ~ee Section 11-1-11 D.
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~ 1. A conditional use permit may be revokod or modified by the city council,
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~ upon notice and hearing, for breach or lIiolation of any condition of
appr""31 or limitation of the permit. '.
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;.~ 2. If the city council decides to rffi(oke a conditional use permit, either on its
own 3ction or upon complaint to tho city council, the council shall notify the .
~ permit holder of its intention to revoke tho conditional use permit 3nd
pro\~jde the permit holder with the opportunity to Gontest the re~ocation. ,.
.' 3. Fifteen (15) days' prior notice of the hearing shall be gi'dSn to tho permit
i~ holder and all property owners within three hundred feet (300') of the
Qoundaries of the land that was~s5ued the permit.
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~ 4. The city council shall m::Jke findings of fact and conclusions of law
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su~orting its decision to revoke the conditional use permit. If the council
does not decide to re!ioke the conditional use permit, no findings of fact
'. and conclusions of lall/ shall bQ made. I
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~ 5. An aggrioved permit holder or complainant may appeal the d~cision of
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the city council under the administrative procedures ~t of the state of ~
" Idaho, Idaho Code section 67 5270.
11-5C-1 Purpose: the pUflilOse of t is article is to establish procedures that guarantee
the cpmpletion of improvements where city enqineer siqnature on the final plat
or occupancy of a structure is desired, but the improvements required by the
". ci have not been com leted.
11-5C-2 The provisions of this article shall applyeffiy-to those improvements that are not
needed to protect the public health, safety and life (includinq but not limited to 7
Applicablo impro\lements include landscaping, fencing, pressurized irrigation
systems and site amenitiesL The following improvements are needed to
protect the public health, safety and life (includinq but not limited to must be
- installed ::md are not eligible for sur.o\y: water, sewer, and pOwer facilities;
,. parking lot paving and striping; and street paving, and therefore shall be
.. . . ." .
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11-5C-3 8 All improvements rela~~d to public life, safety and health shall be completed
prior to Qltcupancy of me structures. Where approved by the city enqineer, an
oVlli1er may post surety for such improvements in order to obtain city enqineer
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11-5C-3 C In the even an app Icant and/or owner cannot complete the non-life, non-
.. safety and non-health improvements, such as landscaping, pressurized
irrigation, and fencing, within~he time spocifiod in the final plat appro'i8lprior to
~ . city enqineer siQnature on the final plat and/or prior to occupancy, a surety
agreement may be approved in accord with the prlXedures set forth in this y .,
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11-68-5 A1c The proposed subdivision does not exceed four (4) lots (excluding la'hdscaping
lots) on previously platted property or does not exceed tv<<J (2) lots (excluding ..
landsca in lots on a arcel of land., .
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11-7-1
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~'No new street qedication, 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 no nel/i dS'J{)lopment ii; propaEedall buildinQs are constructed
r have recej '1 . [
Preapplication Conference: The applicant shall complete a preapplication
conferente with the director or designee prior to submittal of an application for a
, lat. :'
Decision: In accord-with chapter 5, tf'Administration~ of this title, a decision on a
short plat is made by the director city council \tilith reeommendation from the
r C . an .ci en ineer. lk
Failure To Submit Final Plat: Approval of a prelimina~ plat, combined
o preliminary and final plat, or short plat shall become null and void if the
applicant fails to record a obtain the city enQineer's siqnature on the final plat
within two (2) years 9f the approval of the preliminary plat or one illyear of the
combined relimina'" and final lat or short lat.
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 approvecrpreliminary plat, such segments, if
submitted siqned by the city enqineer within successive intervals of eighteen
(18) months, may be considered for final approval without resubmission for
relimina lat a roval.
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
lat not to exceed ei hteen 18 months.
Abutting Properties: Unless limited by significant geographical features, or
separated by a minimum five-foot (5') wide landscaped common lot. all
ro erties that abut a common drivewa shall take access from the drive'llfa .
Depictions: For any plats using a common driveway, the setbacks, building
envelope, and orientation of the lots and structures shall be s"hown on the
prelimina and/or as an exhibit \lifith the final lat a Ii atio .
Total easement widtLt shall not be less than ten feet (10'), unless specifically
approved by city council at the time of final plat approval or as approved
throu h an easement vacation a lication.
al - X - laoemenf"TIile applicant shall pro.ide a letter from the United States
PoStal Service statinQ that the mailbox location(s) for the development have
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been a roved.
AllOws fofTrli1civative design that creates visually pleasing and cohesive
patterns of development (incllKlinq but not limited to residential development at
densities Qreater than eiQht (8) units per acre where qaraqe doors are Qenerally
fr_ e ; and
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