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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY I, 2008 STAFF REPORT Hearing Date: May 1, 2008 __ TO: Planning & Zoning Conuxiission ~ ~~ ,.,J FROM: Caleb Hood, Current Planning Manager 208-884-5533 , ~ > ~~(~~ SUBJECT: Unified Development Code Text Amendment #4 CITY D F ~ E ~: ~ !] SAN CITY CLERK DFFfGE ZOA-08-001 -Zoning Ordinance/Unified Development Code (UDC) Text Amendment to modify, clean up, and add specific sections to the UDC, by the City of Meridian Planning Department. 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 the Unified Development Code (UDC). Some of the sections proposed for amendment include parking standards, signs, hours of operation in the L-O and C-N zoning districts, wireless communication facilities, and provisions for UDC violations. Additionally, staff is recommending two new commercial zoning districts, Mixed Employment and High Density Employment be added to implement new land use designations recommended in the Ten Mile Interchange Specific Area Plan. In summary, the changes proposed in this memo represent changes that City Staff believes will make the implementation and use of the UDC mare understandable and enforceable. 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-08- 001). 3. PROPOSED MOTION (to be considered after the public hearing) Approval I move to recommend approval to the City Council of File Number ZOA-08-001 as presented in the staff report for the hearing date of May 1, 2008 with the following modifications: (add any proposed modifications.) Denial I move to recommend denial to the City Council of File Number ZOA-08-001 as presented during the hearing on May 1, 2008 for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number ZOA-08-001, 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 c. Applicant's Statement/Justification: Since its implementation on September 15, 2005, Staff has Temporary Use UDC Text Amendment - ZOA-U7-002 PAGE ] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 requested three other amendments to the UDC. Staff has been tracking additional, specific sections of the Unified Development Code (LTDC) that need to be amerided for the UDC to function efficiently. 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 14 and 28, 2008 (Planning & Zoning Commission) c. A public service announcement was broadcast faxed on Apri14 and Apri128, 2008 regarding this application. 6. COMMENTS MEETING On April 11, 2008, 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 April 11"' 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 zaz~ing 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 has been tracking additional, specific sections of the Unified Development Code (UDC) that should be amended for the UDC to function efficiently. Some of these sections proposed for amendment include parking standards, signs, hours of operation in the L-O and C-N zoning districts, wireless communication facilities, and provisions for UDC violations. Additionally, staff is recommending two new commercial zoning districts, Mixed Employment and High Density Employment, to implement new land use designations recommended in the Ten Mile Interchange Specific Area Plan. In summary, the changes proposed in this rnema represent changes that City Staff believes will make the implementation and use of the UDC more understandable and enforceable. NOTE: Since the application was submitted, the Planning Department has discovered two more changes that should be made to the UDC. First, "studios" should be relocated from its current location within the defmition of Private Education Institution, to be located in Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 the definition of Arts, Entertainment and Recreation Facilities. Karate and yoga have also been added as examples to the Arts, Entertainment and Recreation Facilities definition (see 11-1A-1). Second, to be consistent with the rest of the section regarding term of plats, 11-6B-7AC should be amended by referencing the time extension from the date of the city engineer's signatuare, not the recordation date. The Planning Department Staff is proposing to amend certain UDC sections as follows: Section Pro osed Text Chan e 11-1-12 D. The cit ma withhold an a royal and/or ermit for an and all ro osed activities or uses on an real ro ert with outstandin violations of this Title exce t that such a royal and/or ermit shall not be withheld where such withholdin would adverse) affect health safet or the eneral ublic welfare. 11-1A-1 ARTS, ENTERTAINMENT AND RECREATION FACILITIES: The use of a site or facility for entertainment, spectator sports or recreational activities. The use includes, but is not limited to: amusement parks, carnivals, motion picture and performing arts theatres, racetracks, sports fields, golf courses, fitness clubs, karate lessons o a classes activi studios museums, zoos, marinas, bowlin ,video and other ames and amusements. 11-1A-1 CONFERENCE CENTER: A facilit that is deli ned constructed and devoted to hostin conferences exhibitions la a meetin s seminars and trainin sessions. 11-1A-1 EDUCATION INSTITUTION, PRIVATE: The use of a site for education purposes not supported by the state of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher learning; professional, technical and trade schools; driving schools; and fine arts schools~ld dies. 11-1A-1 PROFESSIONAL SERVICES: See definition of Personal and Professional Services 11-1A-1 RESEARCH AND DEVELOPMENT FACILITY: A business engaged in research and dev elo~ment of _ ideas and aaolications in technologically intensive fields including but not limited to medical and biomedical technolo coin uter software and information s stems and telecommunications. Protot a develo ment assembl and testin as well as su ortive administrative and cor orate functions ma be associated with such uses. 11-2-1 ZONING DISTRICTS ESTABLISHED: For the purpose of this Title, the incorporated territory of the City of Meridian, Idaho, is divided into the following zoning districts: COMMERCIAL Neighborhood Business District C-N Community Business District C-C General Retail and Service Commercial District C-G Limited Office District L-0 Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY I, 2008 Mixed Employment MM=E Hi, hg Density Employment HH=E 11-2 3: APPLICABILITY: It shall be unlawful and a violation of the unified develo ment code for an erson to use construct locate initiate alter or maintain an structure land or real roe or cause an structure land or real roe to be used constructed located initiated altered or maintained in an manner which violates, omits,,or fails to conform to any applicable procedure, standard, or reauirement established b this Title for the zonin district in which such structure land or real roe is located. 11-2A-2A Permitted uses and accessory uses shall be reviewed in accord with chapter 3, "Standard Regulations in all Districts", chapter 4, "Specific Use Standards", and chapter 5, "Administration', of this title. It shall be unlawful and a violation of the unified develo ment code for an erson to conduct in a residential district an ermitted ar accesso use unless such erson first obtains each and eve a licable ermit from the ci . 11-2A-2B Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", cha ter 3 "Standards Re ulations in all Districts" and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any , conditional use unless such erson shall first obtain a conditional use ermit from the cit . 11-2A-2C Any use not explicitly listed, or listed as a prohibited use in table 11-2A-2 of this section is prohibited in all residential districts. It shall be unlawful and a violation of the unified develo ment code for an erson to conduct in a residential district an rohibited use. 11-2A-4 LOW-DENSITY RESIDENTIAL DISTRICT (R-2): The maximum gross density allowed is two (2) dwellings per acre. Dimensional standards for development in the R-2 residential district shall be as follows: 11-2A-5 MEDIUM LOW-DENSITY RESIDENTIAL DISTRICT (R-4): The maximum gross density allowed is four (4) dwellings per acre. Dimensional standards for development in the R-4 residential district shall be as follows: 11-2A-6 MEDIUM-DENSITY RESIDENTIAL DISTRICT (R-8): The maximum ross densit allowed is ei ht 8 dwellin9s_per acre. Dimensional standards for development in the R-8 residential distract shall be as follows: 11-2A-7 MEDIUM HIGH-DENSITY RESIDENTIAL DISTRICT (R-15): The maximum gross density allowed is fifteen (15) dwellings per acre. Dimensional standards for development in the R-15 residential district shall be as follows: 11-2A-8 HIGH-DENSITY RESIDENTIAL DISTRICT R-40 : The maximum ross densi allowed is fort 40 Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTM$NT STAFF REPORT FOR THE HEARING DATE OF MAY ]., 2008 dwellings per acre.-Dimensional standards for development in the R-40 residential district shall be as follows: TABLE 11-2A-2 Multi-family development and Wireless communication facility, amateur radio antenna: Add Nofe 1. TABLE 11-2A-2 Personal e~efe~ss~e~at service -- -- -- -- q Professional service -- -- -- -- A Verticaly integrated residential project' -- -- -- C C Wireless communication facility, AIC A/C A/C A/C A/C amateur radio antenna? 11-2A-3D3 One detached accessory building that is less than bus-gedone hundred and twenty (~9A12~ 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 accesso buildin be allowed in the street and or the re wired side ord. 11-2B-1; PURPOSE: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six €ear--~4) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and hi hwa s: TABLE 11-2B-1 District Allowed Uses Location Neighborhood Small scale convenience with Access to arterial or collector business distract C-N limited hours of o eration Community business Larger scale and broader mix of Access to arterials or district C-C retail, office, and service uses nonresidential collectors General retail and Largest scale and broadest mix of Close proximity and/or access to service commercial retail, office, service, and light interstate or arterial intersections district C-G industraal uses Limited office district Office centers and adaptive reuse Access to arterial or collector (L-0) of residential structures with limited hours of o eration Offices medical centers research Mixed em to ment and develo ment facilities and li ht Access to arterial or collector (M-E) industraal uses with ancillary su ort services. High Density Corporate headquarters, office Em Io ment H-E complexes, research and Close proximity to federal and state develo ment facilities and hi hwa interchan es and ma~or Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY I, 2008 complementary seNices such as arterials - conference centers and hospitality use with limited retail. 11-2B-2A Permitted uses and accessory uses shall be reviewed in accord with cha ter 3 "Standard Re ulations in all Districts°. chapter 4, "Specific Use Standards", and cha ter 5 "Administration" of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district any permitted or accessory use unless such person first obtains each and every applicable ,.,, ermit from the ci . 11-2B-2B Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3, "Standards Regulations in-all Districts", and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the unified development code ,for any person to conduct in a commercial district any conditional use unless such erson shall first obtain a conditional use ermit from the cit . 11-2B-2C Any use not explicitly listed, or listed as a prohibited use in table 11-26-2 of this section is prohibited in all commercial districts. It shall be unlawful and a violation of,the.unifed development_code for any erson to conduct in a commercial district an rohibited use. TABLE 11-2B-2 See attached TABLE 11-2B-3 Replace wifh Table below. Retain existing notes. Add Note 4_Subiect to design guidelines in Ten Mile Interchan e S ecific Area Plan. Dimensional Standards' C-N C-C C-G L-0 M-E H-E Front setback in feet 0 Rear setback in feet 0 Interior side setback in feet 0 0 0 10152 0 0 Street landscape buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to residential 20 25 25 20/102 See Note 4 uses in feet Maximum buildin hei ht in feet 35 50 65 35 65 95 Maximum buildin size without 7,500 60,000 200,000 10,000 See Note 4 Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REFORT FQR THE HEARING DATE OF MAY I, 2008 design standard approval as set forth in section 11-3A-19 of this title ins uare feet Parking requirements See chapter 3, article C, "Off Street Parking And Lo Re uirements", of this title Landsca in requirements See cha ter 3, article B, "Landscapin Re uirements", of this title 11-26-3A 4. Business hours of o eration within the L-0 and C-N districts shall be limited from 6 am to 10 m. This restriction a lies to all business o erations occurrin outside an enclosed structure includin but not limited to customer or client visits trash com actin and deliveries. This restriction does not a I to business o erations occurrin within an enclosed structure includin but not limited to cleanin bookkee in and afterhours work b a limited number of em to ees. 11-2C-2A Permitted uses and accessory uses shall be reviewed in accord with cha ter 3 "Standard Re ulations in all Districts". chapter 4, "Specific Use Standards", and chapter 5, "Administration", of this title. It shall be unlawful and a violation of the unified develo ment code for an erson to conduct in an industrial district an ermitted or accesso use unless such erson first obtains each and eve a licable ermit from the ci . 11-2C-2B Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3,. "Standards_Regulations in all Districts", and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the__unified development code for anv person to conduct in an industrial district anv conditional use unless such erson shall first obtain a conditional use ermit from the cit . 11-2C-2C Any use not explicitly listed, or listed as a prohibited use in table 11-2C-2 of this section is prohibited in all industrial districts. It shall be_unlawful. and a violation of the unified development code for anv person to conduct in an industrial district an rohibited use. TABLE 11-2C-2 Wireless communication facili ,amateur radio antenna: Add Note 1 TABLE 11-2C-2 Personal er-prefessieFlal service A -- Professional service A -- Wireless communication facility? P/C P/C Wireless communication facility, A/C A/C amateur radio antenna? t~ ~ TABLE 11-2D-2 Mulfi-famil develo ment: Add Note 1 TABLE 11-2D-2 Conference center P -- -- Personal s~-prefessiewat service P P C Professional service P P C ding Temporary Use UDC Text Amendment - ZOA-07-002 FAGS 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 VerticalY integrated residential project' P P P Wireless communication facility, A/C AIC A/C Amateur radio antenna 11-2D-2A Permitted uses and accessary uses shall be reviewed in accord with cha ter 3 "Standard Re ulations in all Districts", chapter 4, "Specific Use Standards", and cha ter 5 "Administration" of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a traditional nei hb~d district any permitted_or accessory use unless such person first obtains each and every a licable ermit from the cit . 11-2D-26 Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3. "Standards Regulations in all Districts"'. and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the unified development code for any ~erson to conduct in a traditional neighborhood , district an conditional use unless such erson shall first obtain a conditional use ermit from the cit . 11-2D-2C Any use not explicitly listed, or listed as a prohibited use in table 11-2C-2 of this section is prohibited in all traditional neighborhood districts. It shall be unlawful and_a violation of the unified development code for an erson to conduct in a traditional nei hborhood district an rohibited use. 11-2D-4 11-3A-2 APPLICABILITY: This article shall apply to the development of all principal permitted, accessory, and conditional uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with the specific use standards, or other regulations of this title. It shall be unlawful and a violation of the unified develo ment code for an erson to use construct locate, initiate, alter or maintain any structure, land or real property, or cause any structure, land or real property to be used, constructed, located, initiated or maintained, in any manner which violates, omits. or fails to conform to an rocedure standard or re uirement set forth in this cha ter. 11-3A Relocafe and rename CLEAR VISION TRIANGLE. Renumber ACCUMULATION OF JUNK and BIKEWAYS 11-3A-3S: ACCESS TO STREETS: The follawin standards shall a I unless otherwise waived b Cit Council. The intent of these standards_ is__to_ improve. safety by combining and/or limiting access points to collector and arterial streets and ensuring that motorists can safely enter all streets. A. The follower standards shall apply to any use and/or property that takes direct access to an arterial andlor collector roadway: Prior to any new, expanded. or extended use or development of the property: 1. Where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street. 2. Where access to a local street is not available, the property owner shall be required to grant cross- access/in ress-e ress easements to ad'oinin ro ernes. This standard is intended to a I rimaril Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 8 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 to non-residential- properties, but may extend to residential properties where the use is anticipated to change to anon-residential use. 3. All subdivisions must provide local_street access to any use that currently takes direct access from an arterial or collector street. B. All landsca in or constructed features within the clear vision trian le shall com I with the restrictions as set forth in this section. A1. Mea5urement of the clear vision triangle: (Subsequent sections within the clear vision triangle section to be renumbered. 11-3B-19C1 b. Primary Public Entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. c. Length Facing a Public Street: Windows, awnings, or arcades shall total a minimum of thirty percent 30% of the fa ode len th facin a ublic street. 11-3C-5B1 II 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 asphaltic pavement. Infrequently used parking areas, as determined by the director, maxbe improved with other dustless materials, including, but not limited to, asphalt, concrete, pavers, bricks, or recycled asphalt (asphalt anndingsl. In such cases. the Meridian Public Works Department shall review and approve of the dustless material improvement prior to construction. 7ABt_E 11-3C-6 REQUIRED PARKING SPACES FOR RESIDENTIAL USE i ~ ,rya }, ~ M~ .ei. „`.. Dwelling, multifamily3 tn- lex 1 1.5 per dwelling unit; at least 1 in a covered four-plex. apartments etc.l carport or garage a-bedfeer~I 2/3 2 per dwelling unit in a covered carport or 4+ ap rage °^°-~°°+~~^}°~ °~~°~~~~ "^~-°~^^ 3 per dwelling unit; at least 2 in a covered carport or garage e e Dwellin , seconda 1 1 er dwellin unit A e restricted elders housin 1 0.5 per bed (attached or detached~~WeAIR~ 2+ 2 er dwellin unit at least 1 in an enclosed einnl^_f~mily ,,+^,."~ garage, other may be a minimum 10 foot by a--bed~ee~ 20 foot parking pad between access and ag rage2 Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 ~ 'I n~ v 7n' n~rLiar. a-~.l L.el,.. a.l a 7(1' V 7n' narbinn na'1 hnh.,nnn annnnn and ;l Dwelling. duplex and Dwelling, 1 2 er dwellin unit at least 1 in an enclosed single-family detached garage, other space may be a minimum 10 attached, #ownh_ouse»et~asged foot b 20 foot arkin ad between access 2/3/4 and garage2 4 per dwelling unit; at least 2 in an enclosed garage, at least 2 spaces being a 20 foot by 5+ 20 foot parking pad between access and ap rage2 6 per dwelling unit; at least 3 in an enclosed g arage, other spaces shall be a minimum 10 a foot bTy 20 foot parking pad between access and garage2 a 711' v 7l1' nar4inn na'1 hnhunnn annnnc. and tlwnllinn lnumhnuec , a 1I1' V '7f1' nar4inn nail tinfiunnn annnnn and lea a rill' v 7n' nar4inn Hari hnfiunnn annnec and >? rlwsllinn hun_•i~rnil., rlllnlnv 1 97 nor rlumllinn 1lni~ ~ in nnnlnnnd narann with .Y'1n rA 1'I'1~n ~ 4,nrlrnnnl I~ l~I~ 1 1 a ~, 1' V /1 I' !'1!°J.rY1M r.'9ri nen.,ddn Ahn~f~f~ Anil -3D-2D M r~~ u , ~ ~ r= xemption: 1~Public hearing notice from the provisions of this article. 2. ~>8~« igns as required b Any sign erected b C p;~rr d s}~~t. ~~~+ ~C.20') 'i~~ ~ ~p x,'f ,F qc Or., Ian ;~ ;~~ j. ' ctor ', ~r h i;~~ y section 11-5A-5D of this title shall be exempt y or under the authority of the City of Meridian on roe owned b the Cit of Me ridian shall be exem t from the rovisions of this article. 11-3D-6B 3. Temporary signs in residential districts are allowed, provided that such signs are no more than six 6 s uare feet in area and no more than one tem ora si n is dis la ed er roe . If the si n Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 pertains to an event, the sign shall be removed within five (5) days after said event. Events shall include, but not be limited to, ae-elestier->; home sale, gaFage-salt seasonal event, birth announcement and similar events associated with a residential district. 4 . , ° 0 0 Handheld signs are allowed. 5. Election si__ n~llowed provided that the signs are installed with the property owners consent and comply with any and all applicable federal, state, local, and Ada County Highway District requirements, _ including but not limited to clear vision triangle restrictions. All election signs shall be removed within _ five U days after the election. 6. Tem ora si ns related to tem ora uses re ulated b the rovisions of Title 3 Cha ter 4 Meridian Ci Code shall not re uire a tem ora sin ermit under the rovisions of this title but shall com I with an and all a licable rovisions of Title 3 Cha ter 4 Meridian Cit Code. 11-3D-7 The following tem~orarv signs shall be allowed without a permit, provided that such signs comply with ~ , each and every applicable standard as set forth in this section and any other applicable provision of , this Title. 11-3D-7L permanent and temporary window signs shall meet all the followin standards: The co of each and eve ermanent and/or tem ora window si n shall be ainted directl u on the window lass surface or com osed of a trans arent material affixed directl upon the window lass surface. The copy area of permanent window signs shall not exceed twenty five percent (25%) of the total window area. The combined total background area of all temporary and permanent window signs shall not exceed fifty percent (50%) of the total window area per building elevation. 11-3D-8D3 Number Allowed: Each business with exterior frontage in office, commercial or industrial districts or as otherwise approved as part of a planned development shall be permitted wall signs. The combined area of all signs on a single wall shall not exceed the allowable percentage. Wall signs for each tenant shall be located over the main ublic entrance for the business. 11-3D-8H1c Public middle school and high schools shall be allowed one on premises animated sign where the animation is a maximum of thirty percent (30%) of the sign background area, regardless of the zone in which the school is located. The director may approve an alternative off premises location where it rovides better information to the communi . In no case shall more than one animated si n be Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 1 I CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE Hi~ARING DATE OF MAY 1, 2008 allowed. Maximum hei ht for school si ns shall not exceed fifteen 15 feet and maximum back round area shall not exceed ei h 80 s uare feet. 11-4-2 APPLIGABILITY: These regulations apply to any property where the specific use is listed as a permitted, accessory, or conditional use in the tables of allowed uses by district in accord with chapter 2, "District Regulations", of this title. It shall be unlawful and a violation of the unified develo ment code for anygerson to use, construct, locate, initiate alter, or maintain anv_ structure, land or real property, or cause any structure land or real property to be used, constructed, located, initiated or maintained, in any manner which violates._ omits, or fails to conform to any rp ocedure4 standard or reauirement set _ forth in this cha ter. 11-4-3-9A4 Upon tentative approval of the application by the director fora ^~^~~^ ~^~ ,.o.,+or rl",n.,mc, daycare center, facility, the applicant or owner shall e~-Irtaho-departs^+,~„eal+"~wel#~ , f~m;l., ~~~! ^"~1~!.°~'~ ~°^,:^~~ a:,,~~~~~. provide proof of criminal background checks and fire inspection certificates as required by Title 39, chapter 11. Idaho , Code. Said roof shall be rovided rior to issuance of certificate of zonin com liance. 11-4-3-12C Maximum Size: Secondary dwelling units shall be limited to a maximum of seven hundred (700) square feet and one 1 bedroom in size. 11-~-3-21 H No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the ersonal service as ect of the home occu ation. 11-4-3-43C Process based on Standards and Districts: The process for wireless communication facilities is de endent u on standards as set forth in this section and the district in which the facilit is located 1. Amateur radio antennas i.e. HAM radio antennas): a. Towers su ortin amateur radio antennas that do not exceed the maximum buildin hei ht limit for the district in which__it_is .located shall be deemed an accessory use and shall require certificate of zonin com liance a royal rior to installation. b. lowers supporting amateur radio antennas that exceed the building height limit for the district in which it is located shall require conditional use approval, c _Within residential districts, no towers supporting_ amateur radio antennas shall be placed within the - front, side or street Side Vard. +"~+ "'°°+ +"° a+on~~rv~e ~a ao+ fnrEh in o, ~hc~on+inr~ C of +"ie~ c°nNnn ~h.,ll d. Within_ non-residential districts, towers supporting amateur radio antennas shall meet the setback standards as set forth in subsection 11-4-3-43G. 2. Collocation of new equipment on an existing tower within any district shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. 3. Stealth towers: Temporary Uae UDC Text Amendment - ZOA-07-002 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 ", ,Stealth towers shall be those that are determined b the director to be hidden or camouflaged and_that do not exceed the height limitation of the distract in which it is located. Stealth towers meetin tg hese standards shall be deemed a arincipally permitted use and shall require a certificate of zoning compliance prior to installation. 4. Wireless communication facilities in an industrial district that do not exceed one hundred feet (100') shall be deemed a ranci all ermitted use and shall require a certificate of zoning compliance prior to installation. 5. All other wireless communication facilities that meet the standards as set forth in subsections 11-4- 3-43E throu h 11-4-3-43K shall re uire conditional use a royal. 11-~-3-43 , , ., , , 11-4-3-43 meal+h~wer-~#,aeda~~ 1 7ho f~nili4~i c~h.~ll he hiA.+.~.... ~~FL. ...J 11-4-3-43 E6. Antenna Standards within Residential Districts: The followin standards shall a Ito all wireless communication facilities within residential distracts exce t those that ualif as amateur radio antennas as set forth in subsection C above: 1. The antennas shall be less than four (4) square feet in area and mounted to: a. New poles (not lattice structures or structures reauirinp puv wires streetlittklts). b. Existing poles or streetlights. c. Buildings. d. Towers. e. New streetlights in existing neighborhoods shall only be allowed with approval of the public works director. The public works director shall determine if the benefit derived from the new streetlight is greater than the maintenance and increased utility fees associated with the streetlight. 2. The facility shall not exceed the height limitation of the district in which it is located. 3. Where the applicant does not own the supporting structure, antennas attached to support structures shall be allowed only after securing a license agreement with the owner and other responsible parties, as applicable. 4. Streetlights or poles with attached antennas shall be separated by a minimum of five hundred feet (500'). 5. Antennas attached to streetlights shall be painted to match the streetlights and shall be attached oral to Meridian standard streetli hts not on ornamental fixtures . Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 6. An facilities within residential districts not meetin, tq hese standards shall reauire approval of a . variance in addition to conditional use a royal. 11-4-3-43 k~ F. Desi n Standards: 11-4-3-43 Gt. Setback Standards: 1_If the tower does not exceed the maximum building height allowed for the zoning of the land upon which it is to be placed, the tower shall meet the setback requirement for that zone, with the following exceptions: a--i if the property is located next to a residential district, the setback requirements shall be one hundred twenty five percent (125%) of the height of the tower. a2. If the tower exceeds the maximum height allowance for the district, the setback requirements shall be one foot (1') for every ten feet (10') of tower height, in addition to the district's setback requirements. ~3. If the tower is not constructed to meet the standards set forth in the Telecommunications Industry Association/Electronic Industries Association (TIA/EIA) 222 revision F standards entitled "Structural Standards For Steel Antenna Supporting Structures" the setback requirement shall be one foot (1') for every foot in height of the tower. This shall be measured from all property lines and shall be referred to as the "fall zone". Only the accessory equipment building shall be permitted to be located within the fall zone. 24. Communication towers must be set back from all publi _ streets by a minimum of two (2) times the height of the tower to be installed. If this setback requirement is in conflict with any other setback requirement, the setback shall be the greater distance. 5. An facilities not meetin these standards shall re uire a royal of a conditional use and a variance. 11-4-3-43 d:-H. Collocation Standards: 11-4-3-43 ~I. Abandonment 0r Unused Towers Or Portions Of Towers: 11-5B-4B Applicability: The provisions of this sections shall apply to requests to vary from the requirements of this title with respect to lot size, width, and depth; front, side, and rear setbacks; parking spaces; building height; aad all other provisions of this title affecting the size and shape of a structure or the placement upon properties; and the placement and/or number of access points to state highways. If a means of alternative com liance is available it should be exhausted before a I in for a variance. 11-5B-5B 4. Requests for alternatives to on-site parking, as outlined in section 3C-7 of this title, are not subject to the rocess standards andlor fees contained in this section. 11-5B-7D Required Findings: 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 an amendment to the comprehensive plan, the council shall make the following findings: 1. The ro osed amendment is consistent with the other elements of the com rehensive Ian. Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 2. The proposed amendment provides an improved guide to future growth and development of the city. 3. The proposed amendment is internally consistent with the goals, objectives and policies of the comprehensive plan 4. The proposed amendment is consistent with this unified development code. 5. The amendment will be com atible with existin and lanned surroundin land uses. 6. The ro osed amendment will not burden existin and lanned service ca abilities. 7. The ro osed ma amendment as a licable rovides a to ical 'uxta osition of uses that allows sufficient area to miti ate an antici ated im act associated with the develo ment of the area. 8. The ro osed amendment is in the best interest of the cit of Meridian. 11-6-2C All subdivisions shall meet the design standards as set forth in article C, "Subdivision pesign And Improvement Standards", or this chapter. It shall be unlawful and a violation, of the unified.development code for an arson to use construct locate initiate alter or maintain an structure land or real ro art or to cause an structure land or real roe to be used constructed located initiated or maintained in an manner which violates omits or fails to conform to an rocedure desi n standard and/or re uirement set forth in this cha ter. 11-6A-2 APPLICABILITY: These regulations shall apply to the subdivision of all land within the legally defined Meridian city limits and the area of city impact. It shall be unlawful and considered a violation of the unified develo ment code for an arson to initiate or cause to be initiated the subdivision of an land or real roe in an manner which violates omits or fails to conform to an rocedure desi n or im rovement standard and/or re uirement set forth in this cha ter. 11-6B-6A The plat is in conformance with the comprehensive plan and is consistent with this unified develo ment code. 11-6B-7C Authorize Extension: Upon written request and filing by the applicant prior to the termination of the period in accord with subsections A and B of this section, the director may authorize a single extension of time to feser~---obtain the city engineers signature on the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the city council may be granted. With all extensions, the director or city council may require the preliminary plat, combined relimina and final lat or short lat to com I with the current rovisions of this title. 11-7-2 APPLICABILITY: A planned unit development can be developed in any district. It shall be unlawful and a violation of the unified development code for any person to use, construct, locate. initiate, alter, or , ~ maintain_ any. structure, land or real property. or to cause anv structure, land, or real property to be , used, constructed. located, initiated or maintained, in any manner which violates, omits, or fails to conform to an rocedure standard and/or re uirement set forth in this cha ter. Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 1, 2008 Table 11-2B-1 Allowed Uses in the Gommercial Zoning Districts Use C-N C-C C-G L-0 M-E H-E Animal care facilit ' P P P C C -- Artist studio' P P P -- _ -- Arts, entertainment or recreation facility, indoors' P P P C Arts, entertainment or recreation facility, outdoor sta a or music venue -- C C _ Arts, entertainment or recreation facility, outdoors' C P P -- Building material, garden equipment and su lies' C P P -- Cemete ' -- -- -- C -- -- Church ar lace of reli ious worshi ' P P P P C C Civic, social or fraternal or anizations' C C C C -- -- Conference center -- -- P -- C P Da care center' A/C A/C A/C P A/C A/C Da care, famil ' A A A A -- -- Da care, rou ' P P A P C C Drinkin establishment' C C C -- -- C Drive throu h establishment' A/C A/C A/C -- -- Educationalinstitution, rivate' P P P P P P Educational institution, ublic' P P P P P P E ui merit rental, sales, and service' -- C C -- -- Financial institution' P P P P P A Flex s ace' -- P P -- P -- Fuel sales facili ' C P P -- -- C Fuel sales facili ,truck sto ' -- -- C -- -- Healthcare orsocial services P P P P P P Hos ital' -- C G C P Hotel and motel' P1C P/C P/G -- C P Indust ,information' P P P C P P Indust , li ht' -- -- C C P C Laundromat' P P P C -- -- Laund and d cleanin -- C P -- A Mortua C P P -- -- -- Multifamil develo merit? -- C C -- -- Nurse or urban farm' C P P C -- -- Nursin or residential care facilit ' C C -- C -- -- Parkin facilit C G P C C P Parks, ublic and rivate P P P P P P Personal service P P P P A A P rofessianal service P P P P P P Public, infrastructure C C C C C C Public or uasi- ublic use' P P P P P P Public utility, minor P P P P P P Recreational vehicle park -- -- P -- -- -- Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIL THE HEARING DATE OF MAY 1, 2008 Use GN C-C C-G L-0 M-E H-E Research and development facility -- -- P -- P P Restaurant P P P C A A Retail store P P P -- A A Stora a facili ,outside' A A A -- -- Stora a facili ,self-service' -- C C -- Tem ora use A A A A A A Vehicle re air, minor' A P P -- _ Vehicle sales or rental and service' -- C P -- -- Vehicle washin facilit ' C P P -- _ A Vertical) inte rated residential pro~ect' C P P C _ -- Warehouse ~ -- -- A -- A/C Wholesale sales -- -- A -- Wireless communication facility' P/C P/C P/C P/C P/C P/C Wireless communication facility, amateur radio antenna? A/C A/C A/C A/C A/C AIC Note: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. 9. RECOMMENDATION Staff recommends approval of the subject Zoning Ordinance Amendment (ZOA-08-001) application, with the changes to the Unified Development Code (UDC) listed in Section 8 of the Staff Report for the hearing date of May 1, 2008. 10. EXHIBITS A. Required Findings from Unified Development Code Temporary Use UDC Text Amendment - ZOA-07-002 PAGE 17 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 investigatioq 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