HomeMy WebLinkAboutStaff CommentsCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
STAFF REPORT Hearing Date: December 20, 2007
TO: Planning & Zoning Commission
FROM: Caleb Hood, Current Planning Manager
208-884-5533
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SUBJECT: Temporary Use UDC Text Amendment 9~~
ZOA-07-002 "~
Zoning Ordinance/LJnified Development Code (UDC) Text Amendment
to amend Chapter 3, Article E (Temporary Use Requirements), and
Chapter 1, Article A, the definition of Temporary Use, of Title 11,
Meridian City Code
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, the City of Meridian Planning Department, has applied for a Zoning Ordinance
Amendment (ZOA) to amend Chapter 3, Article E, and Chapter 1, Article A, of the Unified
Development Code (UDC). The primary purpose of this application is to amend the definition
and iJDC regulations regarding temporary uses. Staff is proposing to remove the temporary use
provisions from Title 11 (UDC) of city code, in anticipation of consolidating all the temporary
uses into Title 3. The intent of the text amendments is to remove the current standards (except for
the allowances made for education facilities in 11-3E-2) and to make it clear that temporary uses
must be accessory to an approved use on the property. The revised language in Title 3 will
provide new temporary use standards. Please see Section 8 below for a complete list of the
proposed UDC 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-
002).
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
I move to recommend approval to the City Council of File Number ZOA-07-002 as presented in
the staff report for the hearing date of December 20, 2007 with the following modifications: (add
any proposed modifications.)
Denial
I move to recommend denial to the City Council of File Number ZOA-07-002 as presented
during the hearing on December 20, 2007 for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number ZOA-07-002., to (insert specific hearing date), and direct staff to
make the following changes: (insert comments here.)
4. APPLICATION FACTS
a. Site Address/Location: The proposed changes will have City-wide effects.
b. Applicant/Representative: C. Caleb Hood, Current Planning Manager, City of Meridian
Planning Department
Temporary Use UDC Text Amendment - ZOA-07-002
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
c. Applicant's Statement/Justification: We have been working with Emily Kane, Legal
Department, on a code amendment regarding temporary uses. After much debate, we (city
staff) have all agreed that the best way to simplify the regulations is to consolidate all the
temporary uses in Title 3. That title will now include mobile sales units, garage sales, citizen
use permits, special events, outdoor markets, model homes, sales offices, etc. In preparation of
that code amendment, we are seeking to amend the current provisions in Chapter 3, Article E
of the UDC (Title 11) and the definition of Temporary Use found in Chapter 1, Article A.
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: December 3 and December 17, 2007
c. A public service announcement was broadcast faxed on November 21 and December 17, 2007
regarding this application.
6. COMMENTS MEETING
On November 30, 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, and the Sanitary Services Company.
None of the agencies or departments listed above provided comments at the November 30"'
meeting.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
Although there are just a few actions called for in the Comprehensive Plan that support the
request, Staff fmds that the subject Zoning Ordinance Amendment complies with and furthers the
goals and objectives of the 2002 Comprehensive Plan. The specific Objectives and Actions that
support the proposed amendment are listed below:
Chapter VII
• Goal I, Obj. A, #5 -Amend the zoning ordinance and map to implement the provisions
of this plan.
• 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 Land Use Map.
8. UNIFIED DEVELOPMENT CODE/ZONING ORDINANCE
Staff is proposing to remove the temporary use provisions from Title 11
consolidating all the temporary uses into Title 3. The intent of the subjec~xt~amentdments~s to
remove the current standards (except for the allowances made for education facilities in 11-3E-2) and
to make it clear that temporary uses must be accessory to an approved use on the property. Provided
below are existing and proposed sections of the UDC, which staff is proposing to amend:
Temporary Use UDC Text Amendment - ZOA-07-002
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
Chapter 1, Article A:
TEMPORARY USE: The carrying on, for a determinate and transitory period of time, a use of, at, or upon real
property, including, but not limited to, the sale, trade, offer, delivery, or display of goods or services, where such use
is not the approved conditional or principal permitted use designated for such real property as such terms are riafina~
in this Title.
Chapter 3, Article E:
11-3E-1: PURPOSE: The regulations of this article are intended to allow for temporary uses as accessory uses to a
conditional or principal permitted use on the property,
11-3E-2: APPLICABILITY: The regulations of this article shall apply to all temporary uses in all districts with the
exception that temporary uses conducted as part of the curricular orextra-curricular programming of an education
facility shall be deemed accessory uses.
11-3E-3: PROCESS AND STANDARDS: Temporary uses shall be accessory to a conditional or principal permitted
use on the property. See Meridian City Code Title 3, Chapter 4 for all additional procedures and standards.
11-3E-4 through 11-3E-11: Delete all.
9. RECOMMENDATION
Staff recommends approval of the subject Zoning Ordinance Amendment (ZOA-07-002) application, with
the changes to the Unified Development Code (UDC) listed in Section 8 of the Staff Report for the
hearing date of December 20, 2007.
10. EXHIBITS
A. Required Findings from Unified Development Code
Temporary Use UDC Text Amendment - ZOA-07-002
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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 (limited) 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 finds 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