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CC - Recs / Staff Report2017 UDC Text Amendment – H-2017-0044 1 STAFF REPORT HEARING DATE: June 6, 2017 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 SUBJECT: H-2017-0044 – 2017 UDC Text Amendment I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The Planning Division of the Community Development Department has applied to amend the text of the Unified Development Code (UDC) as follows: 1) Modify several definitions in Chapter 1 (accessory use, drinking establishment, home occupation, food products processing, heavy industry, restaurant retail store, wine and beer servings); clarify the requirements for establishing a permitted and accessory use in all of the zoning districts in Chapter 2; modify the specific use standards of food products processing, home occupation and retail store, wine and beer sales and servings in Chapter 4; and restructure some of the existing surety verbiage in Chapter 5 to improve the administration of this section of the code. 2) Incorporate new standards to allow for the establishment of food and beverage products processing, minor; introduce new definitions for brewery, distillery, winery and food and beverage products processing, minor; modify the schedule of use table to allow for this type of use in the Commercial, Industrial and Traditional Neighborhood Districts; and propose new specific use standards that apply to the establishment of this type of use. NOTE: All of the proposed text changes to the UDC are provided in underline and strike- through format in Exhibit A below for the Commission’s and Council’s review and consideration. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed text amendments to the UDC based on the analysis provided in Section VII and the Findings of Fact and Conclusions of Law listed in Exhibit B. The Meridian Planning & Zoning Commission heard this item on May 4, 2017. At the public hearing, the Commission voted to recommend approval of the subject UDC Text Amendment. a. Summary of Commission Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. The Commission discussed the need to prohibit indoor/outdoor live entertainment with operating a retail store for beer and wine sales; if restricted, would special events be allowed through the approval of a temporary use permit. d. Commission Change(s) to Staff Recommendation: 2017 UDC Text Amendment – H-2017-0044 2 i. None e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H- 2017-0044 as presented in the staff report for the hearing date of June 6, 2017 with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0044 as presented during the hearing on June 6, 2017 for the following reasons: (You should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number H-2017- 0044, to (insert specific hearing date), and direct staff to make the following changes: (insert comments here.) IV. APPLICATION FACTS A. Site Address/Location: Citywide B. Applicant: Planning Division, Community Development Department City of Meridian 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 C. Applicant's Statement/Justification: See narrative and Exhibit A for more information. V. PROCESS FACTS A. The subject application is for a Unified Development Code Text 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 5, 2017 (Commission); May 19, 2017 (City Council C. A public service announcement was broadcast via email on April 7, 2017 (Commission) and May 9. 2017 (City Council) regarding this application. D. The proposed amendment was shared with the UDC Focus Group and the Building Contractors Association of Southwest Idaho. No comments were received on the subject application. VI. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the subject Unified Development Code Text Amendment complies with and furthers the goals and objectives of the Comprehensive Plan. The specific objectives and actions that support the proposed amendment are listed below: 2017 UDC Text Amendment – H-2017-0044 3 • “Keep current the Unified Development Code and Future Land Use Map to implement the provisions of this plan.” (7.01.01A) The proposed UDC amendment is meant to keep the UDC relevant with current development trends in the City without compromising life, safety or the general welfare of the community. Staff is seeing a trend in the production of adult beverages and feels there should be standards in place to adequately regulate the establishment of such a use. • “Enforce City Codes.” (3.05.02D) Staff has received several inquiries about operating breweries, distilleries and wineries within the City. Depending on the operational characteristics of the business, these types of uses can be defined in various ways in the UDC as follows: restaurant, drinking establishment, food products processing and retail beer and wine store. Because there is a national trend, staff has taken a proactive approach and recommends establishing a set of standards for regulating this type of land use. The proposed additions to the UDC represent changes that City Staff believes will make the implementation of this use more understandable and enforceable. VII. ANALYSIS The Planning Division respectfully submits a zoning text amendment application. The subject application is meant to serve two (2) purposes: 1) The first is to update certain sections of the Unified Development Code (UDC) modifying several definitions in Chapter 1 (accessory use, drinking establishment, home occupation, food products processing, heavy industry, restaurant retail store, wine and beer servings); clarifying the requirements for establishing a permitted and accessory use in all of the zoning districts in Chapter 2; modifying the specific use standards of food products processing, home occupation and retail store, wine and beer sales and servings in Chapter 4; and restructuring some of the existing surety verbiage in Chapter 5 to improve the administration of this section of the code. 2) The second is to incorporate new standards to allow for the establishment of food and beverage products processing, minor. In recent months, the Planning Division has received multiple inquiries to operate breweries, distilleries and wineries within the City. Depending on the operational characteristics of the business, these types of uses can be defined in various ways as follows: restaurant, drinking establishment, food products processing and retail beer and wine store. To efficiently administer this type of land use, City Staff is proposing several new changes to the UDC as follows: new definitions for brewery, distillery, winery and food and beverage products processing, minor; modifying the schedule of use table to allow for this type of use in the Commercial, Industrial and Traditional Neighborhood Districts; and proposing new specific use standards that apply to the establishment of this type of use. All of the proposed changes to the UDC including the support documents are attached for your review in PDF format. Further, Staff has shared the proposed UDC changes with the UDC Focus Group and the BCA to increase transparency as the City embarks on modifications to the UDC. To date staff has not received any feedback from either group on the proposed changes. In summary, the changes proposed in this application represent changes that City Staff believes will make the implementation and use of the UDC more understandable and enforceable. VIII. EXHIBITS A. Strike-out/Underline Version of the Proposed Changes (DRAFT FORM) B. Required Findings from the Unified Development Code 2017 UDC Text Amendment – H-2017-0044 4 Exhibit A. – Strike-out/Underline Version of the Proposed Changes Proposed UDC Text Amendments UDC Section Topic Problem/Question Potential Fix 11-1-11D Process for revocation of accessory use permit City Council has primary jurisdiction over the question of whether to revoke accessory use permits; this should be a director-level decision, with appeal to City Council. D. 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 at a public hearing before the City Council. 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 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. 11-1-11E Process for revocation, modification, or denial of accessory use permit Allows director to determine whether to revoke accessory use permit, with option to appeal to City Council. E. Revocation, modification, or denial of accessory use permit: 1. An accessory use permit may be revoked or modified by the director upon a finding of breach or violation of any condition of approval or limitation of the permit. An accessory use permit application may be denied by the director upon a finding that the proposed use cannot or will not be conducted in compliance with applicable specific use standards. The director shall provide the permit holder written notice of the revocation, modification, or denial, and shall provide the permit holder with information regarding the opportunity to appeal such action. 2.The permit holder or applicant may appeal the director’s revocation, modification, or denial of an accessory use permit. Such appeal shall be made in writing, shall state th e reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of such revocation, modification, or denial. Upon receipt of such written appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. The clerk shall provide fifteen (15) days’ notice of the hearing to the permit holder or applicant and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 3. Following public hearing on the appeal, city council shall affirm, modify, or reverse the director’s action and shall issue written findings supporting such decision. The city council's decision on such appeal shall be a final decision. 11-1A-1 Define accessory use Further define this term. ACCESSORY USE, NON-RESIDENTIAL: A use or activity that is incidental and secondary subordinate to the principal use and is conducted upon the same property. 11-1A-1 Define Brewery New term BREWERY: The use of a sit e that manufactures beer or malt liquor. The use may include the ancillary sale or dispensing of beer or malt liquor by the drink or glass. 11-1A-1 Define Distillery New Term DISTILLERY: The use of a site that manufactures distilled beverages. The use may include the ancillary sale or dispensing of liquor by the drink or glass. 11-1A-1 Drinking Establishment Remove the term brewery from the definition. DRINKING ESTABLISHMENT: The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. Thise use includes, but is not limited to, is commonly referred to as a bar, brewery, lounge, nightclub, and tavern. 11-1A-1 Food products processing Bifurcate food and beverage products processing into two (2) separate categories; major or minor similar to the UDC vehicle repair definition. FOOD AND BEVERAGE PRODUCTS PROCESSING; MAJOR (NAICS Code 311): The use of a sit e for producing, manufacturing, processing or storage of food products. The use includes, but is not limited to, beverages, coffee, ice, snacks, fruits, vegetables, spices, confectionery, and dairy products. Excluded uses are animal products, seafood, milling and refining. 11-1A-1 Define food and beverage products processing; minor New term FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: The use of a site or portion thereof for small scale operation of producing; manufacturing; processing and storage of food and beverage products. The use must contain a tasting room, dining area, retail showroom or any combination of these areas. The term includes brewery; distillery and winery. A use that does not meet the specific u se standards listed in Chapter 4 shall be defined as Food and Beverage Products Processing, Major. 11-1A-1 Define home occupation Modify the term home occupation. ACCESSORY USE, HOME OCCUPATION: An occupation, profession, activity, or commercial use or activity that is clearly an conducted on the premises of a residential dwelling unit in addition to use of the residential use of such residential dwelling unit. and that does not alter the exterior of the property or affect the residential character of the neighborhood. This term shall not include “Daycare Facility” as herein defined. 2017 UDC Text Amendment – H-2017-0044 5 11-1A-1 Industry, heavy Minor revision to the existing definition. INDUSTRY, HEAVY: A. A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; B. A use engaged in storage or manufacturing processes using flammable or explosive materials; C. Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Included uses are animal products, seafood, milling and refining. 11-1A-1 Restaurant Minor revision to the existing definition. RESTAURANT: A. The use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking facilities, and where meals are regularly served 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 and/or beer and wine licen se that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.074. 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, brewpubs and wine bars. 11-1A-1 Retail store, wine and beer sales and servings Minor revision to the existing definition. RETAIL STORE, WINE AND BEER SALES AND SERVINGS: The use of a site that offers wine and/or beer to the public for monetary compensation for off-site consumption as well a s and offers servings of such for purchase by the bottle or glass. The use includes, but is not limited to, wine shops and brewing supply stores. Th e use does not include, brewery, distillery, drinking establishments, or restaurants or win ery as herein defined. Th e use does not include stores that sell wine and beer but do not offer servings. 11-1A-1 Define Winery New term WINERY: The use of a site that manufactures alcoholic beverages from the fermented juice of grapes, fruits, or other liquid bearing plants. The use may include the ancillary sale or dispensing of wine by the drink or glass. 11-2A-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the residential zoning districts. 11-2B-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the commercial zoning districts. A. Permitted uses and accessory uses in residential district s shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. , except that single-fa mily detached homes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code. Any person establishing, operating, or carrying on a home occupation or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single-family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful a nd a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Ssingle-family detached homes, single family attached homes, townhomes and secon dary dwellings shall be reviewed in accord with the standards established in title 10 of this code and shall not require certificate of zoning compliance and/or accessory use approval. 2. Any person establishing, operating, or carrying on Aa home occupation accessory use or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the inherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the applicant. A. Permitted uses and accessory uses in commercial districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. Any person establishing, operating, or carrying on a home occupation or family daycare in a commercial district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a commercial district shall obtain a certificate of zoning complian ce prior to establishing, operating, or carrying on such use. 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 permit from the city. 1. Any person establishing, operating, or carrying on Aa home occupation accessory use or family daycare in a commercial district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. 2. Any person establishing, operating, or carrying on any other permitted and/or non-residential accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. 2017 UDC Text Amendment – H-2017-0044 6 Table 11-2B-2 Add new use to table Allow small scale operations of food and beverage products processing in the commercial districts. Use C-N C-C C-G L-O M-E H-E Food and beverage products processing; minor1 P/C P/C P/C - P/C P/C Table 11-2B-2 Allowed uses in the commercial districts Remove home occupations from operating in the L-O and C-N zoning districts. Residential uses are typically not allowed in these zoning districts. Use C-N C-C C-G L-O M-E H-E Home occupation accessory use 1 A A A A - - 11-2C-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the industrial zoning districts. Table 11-2C-2 Add new use to table Allow small scale operations of food and beverage products A. Permitted uses and accessory uses in industrial districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. Any person establishing, operating or carrying on any permitted and/or accessory use in an industrial district, including a single-family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning complian ce prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in an industrial district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Any person establishing, operating, or carrying on any permitted and/or non-residential accessory use in an industrial district, including a single-family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. processing in the industrial districts. Use I-L I-H Food and beverage products processing; minor1 P/C - Food and beverage products processing; P P major1 11-2D-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the traditional neighborhood zoning districts. A. Permitted uses and accessory uses in traditional neighborhood districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Stan dards", and 5, "Administration", of this title. except that single-family detached homes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code. Any person establishing, operating, or carrying on a home occupation or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a traditional neighborhood district shall obtain a certificate of zoning co mpliance prior to establishing, operating, or carrying on such use, except that single- family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains ea ch and every applicable permit from the city. 1. Ssingle-family detached homes, single family attached homes, townhomes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code and shall not require certificate of zoning compliance and/or accessory use approval. 2. Any person establishing, operating, or carrying on Aa home occupation accessory use or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. 3. Any person establishing, operating, or carrying on any other permitted and/or non-residential accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. 2017 UDC Text Amendment – H-2017-0044 7 Table 11-2D-2 Add new use to table Allow small scale operations of food and beverage products processing in the traditional neighborhood districts. Use O-T TN-C TN-R Food and beverage product processing; minor1 P/C P/C - 11-4-3-19 Food products processing Existing standards in Chapter 4 needs to be re-titled a s food and beverage products processing “major”. 11-4-3-19: FOOD AND BEVERAGE PRODUCTS PROCESSING; MAJOR: A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of six hundred feet (600') from any abutting residential districts. B. Food processing shall be lo cated a minimum o f one thousand feet (1,000') from any hospital. C. The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the U.S. environmental protection agency, the U.S. department of agriculture, Idaho department of environmental quality (DEQ), Idaho department of agriculture, Idaho department of water resources, and Central district health department. 2017 UDC Text Amendment – H-2017-0044 8 11-4-3-21 Home Occupation Modify the specific use stand ards to have more expressed standards to eliminate vague requirements and make the standards more enforceable. Recently there h ave been uses approved as home occupations that have been more commercial in nature however; the current standards as writt en make it difficult for the City to enforce. 11-4-3-21: HOME OCCUPATION ACCESSORY USE: The following standards apply to all home occupation accessory uses: with the exception that strict adherence to the standards contained in subsections B, C, E, and F of this section in the TN-C and TN-R district s is not required: A. In no way shall the home occupation accessory use cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation accessory use shall be conducted entirely in the dwelling, and not more than ten twenty five percent (1025%) or 500 square feet, whichever is more restrictive, of the overall living area of said dwelling shall be used for a home occupation accessory use, including home occupation or for storing goods, materials, or products associated with the home occupation accessory use. An attached garage may be used for a home occupation provided it shall not reduce the required off street parking below the standard established for that district and the area being used for the home occupation is calculated to be no greater than twenty five percent (25%) of the overall living area of the dwelling. C. No activity associated with the home occupation accessory use, including or any storage of goods, materials, or products connected with an the home occupation accessory use, shall be allowed in any detached accessory structure. D. (Rep. by Ord. 07-1325, 7-10-2007) Allowed home occupation accessory uses include but are not limited to: art, dance and music lessons; personal training lessons; personal and professional services; and artisan craft production. Prohibited home occupation accessory uses include but are not limited to: vehicle repair; vehicle rental; equipment repair; equipment rental; pet boarding; or any other uses that are prohibited by the UDC or are in violation of the purpose statement of this code, as determined by the Director. E. The home occupation accessory use shall not have more than two (2) outgoing pick-ups per day from a common carrier. F. The home occupation accessory use shall be conducted by the inhabitants of the dwelling. G. The home occupation accessory use shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. 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 accessory use; or 2) products secondarily related to the personal or professional service aspect of the home occupation accessory use; or 3) products sold online that are delivered to customers by mail. I. Off street parking for the home occupation accessory use shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. J. All visits by clients, customers, and/or employees shall occur between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. K. The home occupation accessory use shall only be allowed as an incidental, secondary use to an allowed residential u se. The permit holder shall be responsible for obtaining all applicable permit s prior to commencing the home occupation accessory use. L. No more than one (1) nonresident employee shall be permitted on the premises of the home occupation accessory use, except that a home occupation accessory use operating from a multi-family dwelling shall have no clients, customers or employees on the premises of the home occupation accessory use at any time. M. No more than two (2) clients and/or customers shall be at the premises of the home occupation accessory use at any one time, except that a home occupation accessory use operating from a multi-family dwelling shall have no clien ts and/or customers on the premises of the home occupation accessory use at any time. 2017 UDC Text Amendment – H-2017-0044 9 11-4-3-44 Retail store, wine and beer sales and servings Add additional specific use standards to ensure this use does not operate primarily as a drinking establishment. 11-4-3-44: RETAIL STORE, WINE AND BEER SALES AND SERVINGS: A. The applicant shall maintain a current wine and beer sales permit for on premises consumption (which includes retail sales). Liquor sales shall be prohibited. B. Applicant shall comply with all state, county, and local laws regarding serving alcohol, including, but not limited to, designating specific areas for consumption and posting such areas as age restricted. C. Wine and beer servings shall be limited to the following time periods: eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. Store hours of operation are not limited unless otherwise restricted by this title. D. The use shall not include a ny indoor/outdoor live entertainment. E. The use shall not include food service as defined by the term restaurant. 11-4-3-46 Specific use standards for food and beverage products processing; minor New specific use standards for food and beverage products processing; minor. 11-4-3-46: FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: A. The building or tenant space shall not exceed a gross floor area of 5,000 square feet. In the commercial, industrial and traditional neighborhood districts additional square footage may be approved with a conditional use permit. In no case shall the maximum square footage in any of these districts exceed 10,000 square feet. B. In the commercial districts, a conditional use permit shall be required when the use is located within three hundred feet (300’) of a residential district or existing residence. C. In the commercial and traditional neighborhood districts, the dining area, tasting area, retail showroom or any combination thereof, shall comprise a minimum of twenty-five percent (25%) of the building and/or tenant space, as applicable. D. In the industrial districts, the dining area, tasting area and the retail showroom or any combination thereof, shall not exceed more than twenty- five percent (25%) of the building and/or tenant space, as applicable. E. Storage of materials used in the production process shall only be permitted within a completely enclosed structure. Other outdoor storage areas not associated with the production process shall co mply with section 11-3A-14, "Outdoor Storage As An Accesso ry Use", of this title. Outdoor storage is prohibited in the traditional neighborhood districts. F. Mechanical equipment associated with the manufacturing of the beverage may be reviewed and approved as an integrated architectural element of the building through administrative design review as a design standards exception. 2017 UDC Text Amendment – H-2017-0044 10 11-5C-3 Surety Agreements There isn’t any new language being proposed for this section. All of the proposed changes are restructuring existing language in a more efficient chronological order t o improve the ad ministration of this section of the code. 11-5C-3: PROCESS: A. The city may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly. B. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. W here approved by the city engineer, an owner may post a performance surety for such improvements that are needed to protect the public life, safety and health including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving) in order to obtain city engineer signature on the final plat. The amount of the performance surety shall be established by city council resolution. Th e estima ted cost shall be provided by the applicant and reviewed and approved by the city engineer. In addition to the performance surety, all such improvements shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. The amount of the performance surety shall be established by city council resolution. C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth 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. The amount of surety called for shall be established by city council resolution. The estimated cost for landscape and fencing sureties shall be provided by the applicant and reviewed and approved by the director. The amount of surety called for shall be esta blished by city council resolution. D. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. E. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall b e drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. F. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the city to lease the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two (2) sets of prints of the as built plans and specifications for all improvements. 2. The city engineer and/or director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accepted by the city at the end of the warranty period. The as built plans shall be reviewed and approved by the city engineer or director. 2017 UDC Text Amendment – H-2017-0044 11 Exhibit B. – 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: A. The text amendment complies with the applicable provisions of the comprehensive plan; The Commission finds that the proposed UDC text amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 6, of the Staff Report for more information. B. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and The Commission finds that the proposed zoning ordinance amendment will not be detrimental to the public health, safety or welfare. It is the intent of the text amendments to further the health, safety and welfare of the public. C. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. The Commission finds that the proposed zoning ordinance amendment does not propose any significant changes to how public utilities and services are provided to developments. All City departments, public agencies and service providers that currently review applications will continue to do so. Please refer to any written or oral testimony provided by any public service provider(s) when making this finding.