ZOA-14-001 UDC TEXT AMENDMENTVY
E IDIAN
It/ayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Flountree
David Zaremba
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
To ensure that your comments and recommendations will be considered by
the Meridian Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, Gity Clerk, by: 13-Feb-14
Transmittal Date: January 27, 2014 File No.: ZOA,14-001
Hearing Date: February 20,2014
Request: Public Hearlng: UDC Text Amendment to modify the dlmensional standards of the R-15
zoning district for Medium H igh Density Residential (R-15) Unified Development Code Text
Amendment
By: Tahoe Homes
Location of Property or Project:
Your Concise Remarks
_Joe Marshall (No FP)
_Scott Freeman (No FP)
_ Steven Yearsley (No FP)
Vacant
Macy Miller (No FP)
_Tammy de Weerd, Mayor
Charlie Rountree, C/C
-Brad Hoaglun, C/C
_Keith Bird, C/C
David Zaremba C/C
Sanitary Services
_ Building Department / Rick Jackson
_ Fire Department
_Police Department
_City Attorney
_ Community Development
_City Planner
_Parks Department
_ Economic Dev.
City Engineer
Meridian School District (No Fp)
Meridian Post Office (FplpplsHp only)
-Ada
County Highway District
_Ada County Developmenl Services
Central District Health
COMPASS (Comp Plan only)
_Nampa Meridian lrrig. District
_ Seltlers lrrig. District
ldaho Power Co. (Fp,pp,cup/sHp onty)
Qwest (FP/PP/SHP only)
lntermountain Gas lrelRR/sHp onty)
-
ldaho Transportation Dept. (No Fp)
_Ada County Ass. Land Records
Downtown Projects:
_ Meridian Development Corp.
Historical Preservation Comm.
Planni4g Department
UDC TEXT AMENDMENT I Application Checklist
Z-oAJ4-oot
IAN
File #
Tahoe Homes/Jim
All applications are required to contain one copy of the following:
Note: Only one cop)- of the above items need be submitted when submitting multiple applications
Additional Requirements for UDC Text Amendment Applications:
APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED.
33 E. Broadway Avenue, Suite 210 o Meridian, Idaho 83642
Phone: (208) 884-5533 o Facsimile: (208)
888-6854 o Website: www.meridiancity.org
(Rev. I l/4/08)
9(
name: UDC Text Amendment Sections ll-2{-7 & ll
Applicant
(!) Description
Staff
({)
{ { Completed Narrative fully & signed describing Commission the proposed & Council request Review Application
{ Pre-application meeting notes (All applications that require a public hearing are required to conduct a
pre-
application { Fee meeting with the Planning Department.)
Applicant
({) Description
Staff
({)
€
Include the following additional information in the project narrative:
) Any other data and information that would support this request
Item #7F: R-15 UDC Text Amendment (ZOA-14-001)
Application(s): UDC Text Amendment
Summary of Request: The applicant is proposing to amend the dimensional standards of the R-15 zoning district.
Specifically, the requested change is to reduce the intenor side yard setback from 5 feet to 3 feet. The applicant has
provided a street scene rendenng that depicts the difference between the current interior side yard setback and
proposed setback.
The applicant believes the requested change would align with other adopted City codes (e.9. lnternational Building
Code, lnternational Fire Code and lnternational Residential Code). Staff has discussed the proposalwith the City's
Building Official and the Fire l\,4arshall and both have confirmed that the proposed changes would be allowed under
the above-mentioned adopted codes.
Staff has analyzed the request with other provisions in the UDC to ensure the proposed change does not conflict with
other sections of the code. ln summary staff believes other sections of the UDC will be unaffected by the proposed
text change, however, the developer and City staff will have to coordinate more closely on the front end of the
development review.
2fCommission Recommendation:
Approval at the February 20rh meeting. ' 'bCA
Summary of Commission Public Hearing:
r. ln favor: Jim Conger
ii. ln opposition: None
iii. Commenting: None
iv. Written testimony: Jim Conger
Key lssue(s) of Discussion by Commission: None
Key Commission Change(s)to Staff Recommendation: Commission modified the text in Exhibit A to allow a 1-
foot encroachment in the interior side yard if the setbacks are below five (5) feet.
Outstanding lssue(s) for City Council: None
Written Testimony since the Commission Hearing: None
Notes:
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v\/
ChangestoAgenda: ltemll4A:TenMileCenter(A2.14-001) -TheapplicantrequestscontinuanceofthisitemtoMarch
20,l.,.
Item #4B: R-15 UDC Amendment (ZOA-14-001)
Application(s): UDCAmendment
Summary of Request: The applicant is proposing to amend the dimensional standards of the R-15 zoning district.
Specifically, the requested change is to reduce the interior side yard setback from 5 feet to 3 feet. The applicant has
provided a street scene rendering that depicts the difference between the current interior side yard setback and proposed
setback.
The applicant believes the requested change would align with other adopted City codes (e.9. lnternational Building Code,
lnternational Fire Code and lnternational Residential Code). Staff has discussed the proposal with the City's Building Official
and the Fire Marshall and both have confirmed that the proposed changes would be allowed under the above-mentioned
adopted codes,
While staff supports many of the statements the applicant has presented for juslificalion of why the change
is good for the
community, staff has analyzed the request with other provisions in the UDC to ensure the proposed change does not
conflict with other sections of the code. ln summary staff believes other sections of the UDC will be unaffected by the
proposed text change, however, the developer and City staff will have to coordinate more closely on the front end of the
development review.
Originally, staff recommended prohibition of encroachments in the required side yard setback if less than 5 feet.
The applicant has submitted written testimony asking for an allowed encroachment of 1 foot. Staff is amendable to
this request and asks the Commission to modify the language to allow the 1-foot encroachment.
Written Testimony: Jim Conger submitted written testimony in support of the amendment however; he is requesting the
Commission allow a lJoot encroachment into the required side yard setback,
Staff Recolmendation: Ap
Notes: J, - Co,n
* frez-
proval
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ilry14A Sterling Codifiers, lrrc. EXHIBIT
11-2A-T : MEDIUM HIGH-DENSITY RESIDENTIAL DISTRICT (R-l 5):
The maximum gross density allowed is flfteen (15)dwellings per acre. Dimensionalstandards for
development in the R-15 residential district shall be as follows: (Ord. 0B-1372,7-8-2008, eff. 7-8-
2008)
TABLE 11-24.7
DIMENSIONAL STANDARDS FOR THE R-15 DISTRICT
R-15 Standard
lt4inimum propefiy size/dwelling unit (in square feet)
il/i nimum street frontage
Street setbackl to garage (in feet):
Local
Collector
Street setbackl to living area (in feet):
Local
Requirement
2,400
0
20
25
10
Collector 20
Side setback {F- 3
Rear setback 12
Street landscape buffer (in feet)
Collector 20
Arterial 25
Entryway corridor 35
lnterstate 50
lt4aximum building height (in feet) 40
Note:
1.lt/easured from back of sidewalk or property line where there is no adjacent sidewalk.
:. All building setbacks must comply with currently adopted building code.
(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd' Ord, 07-1325,7-10-2007)
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l1-2A.3: STANDARDS: EXHIBIT B
The standards fbr development in all residential dish'icts shall be as fbllows:
A. Minimum Property Size:
1. Each property shall be of sufficient size to meet the minimum setbacks as established in this
section and dwelling unit size requirements in accord with subsection F of this section.
2. Minimum property size shall be deter:rnined exclusive of land that is used for the conveyarLce
of irigation water, drainage, creek or river flows unless: a) the wateris conveyed through
pipe or tile; and b) included as part of a utility easement that generally runs along the property
lines.
3 . When two (2) or mol'e parcels of land, each of which is of inadequate area and dimension to
quali$, for a permitted use underthe requirements of the district in whichthe parcels are
located, are held in one ownership, they shall be used as one propetty for suchuse. (Ord. 05-
11,70,8-30-2005, eff. 9-1 5-2OA5)
B. Minimum Street Frontage:
1. Properties with street frontages on cul-de-sacs or at approximately a ninety degree (90)
angle shallbe a minimum of thirty feet (30') measu'ed as a chord measurement.
2. Properties with street frontages on street knuckles shall be a minimum of thirtyfeet (30')
measured as a chord measurement.
3. Street fl'ontage for two (2) properties sharing a common drive shall be a minimum of fifteen
feet (15') for each property.
4, Street frontage for three (3) or four (a) properties sharing a commondrive shall be a
minimum of ten feet (10') for eachproperty.
5. Street frontage for flag properties that do not share a colrunondrive shall be a minimum of
thirty feet (30'). (Ord. 13-1555, 5-14-2013)
C. Corner Lot Setbacks: Cornerproperties shall have one interior side setback and one rear
setback. (Ord. 05-1 i70, 8-30-2005,eff. 9-15-2005)
D. Encroachments Allowed krAny Setback:
1. Open structures such as porches, canopies, balconies, platforms, covered patios, cornices,
eaves or other projections, which do not increase the volume of space enclosed by the
building and do not project into any required setback by more than two feet (2').
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313
Summarv
With the approval of the requested UDC Text Amendment Application it will align the City of Meridian's
UDC with the lnternational Building Code and fire code. The applicant believes that the overall benefit
of increased revenue for the City of Meridian and new home ownership opportunities for residents are
necessary for future growth and development, Side yard space is not utilized and rnaybe viewed as
wasted space. ln today's world and market, we have to be as efficient as possible and cannot afford to
be wasteful with land planning.
Attached for your review is a street rendering showing the visual differences between the proposed
three foot (3') side setback and the current five foot (5') side setbacl<. ln the next few days, the
applicant will submit supporting letters from the Meridian City Building Department, City Fire
Department, the Building Contractors Association of Southwest ldaho, ldaho Smart Growth and other
local industry supporters.
uDc rExr AMENDMENT 7L-2A-7 & 11-2A-3 D(2) - NARRATIVE
Summarv of Application
The City of Meridian's current UDC Section 11,-2A-7 allows for a minimum of five foot (5') side yard
setbacl<s or zero in the R-15 residential district. The applicant is requesting a modification to the table in
this section of the current code to allowfor a minimum of three foot (3')side yard setbacks in the R-15
residential district, The three foot (3') setback is allowed by the lnternational Building Code that
regulates building code in Meridian City. With this modification, further clarification is needed in UDC
Section 1,1,-2A-3 D(2) to avoid any potential access issues between structures specifically in the R-15
residential district. Upon acceptance of this modification, all building setbacks will comply with
currently adopted building codes.
Summarv of Changes
The attached Exhibit A reflects the changes that the applicant is requesting be made to Section 7L-2A-7
The modifications within the table are as follows:
r Side Setback
o Note 2 below the table
The attached Exhibit B reflects the changes that the applicant is requesting be made to Section 7L-2A-3
D(2).
o The addition of structure projection offset language
Public Need and Benefit
These modifications to the UDC will provide several benefits to Meridian City and its residents.
. Provides for medium-high densities projects in urban areas that will provide an
opportunity for single family detached home ownership in lieu of apartment living.
. Will minimize commuter traffic by putting greater density closer to the City's core
services,
o Will allow landowners more flexibility in developing future parcels.
. Higher density projects minimize the per house cost of tax dollars required for
replacement and maintenance of sewer, Water, parks, roadways and emergency
services to name a few,
. The reduced setback requirements will allow for more medium-high density projects
in the City of Meridian's core. These types of projects will generate more revenue in
building and impact fees to help pay for city infrastructure, i.e. parks, fire, police,
water and sewer.
2. Chimneys, pop out windows, direct vent gas flreplaces, entertainrnent centers, window seats
and other projections which do not increase the usable floor area and do not exceed eight
feet (8') in width may project up to two feet (2') into any required setback. In R-15 zoning,
these pro,iections which do not increase the usable floor area may project up to two
feet (2') into the required side setback tmt these projections must be offset from tlre
adjacent stmcture.
3. One detached accessory building that does not exceed one hundred twenty (120) square
feet in area arrd eight feet (8') or less in height shall be allowed inthe required rear yard. In no
case shall an accessorybuilding be allowed inthe street yard or the required side yard. (Ord.
l2-I 5 I 4, 5 -l 6-20 12, eff. 5 -21 -20 12)
E. Maximum Height Limit:
1. The maximum height limitations shallnot applyto the following architectural features not
intended for human occupation: steeple, belfiy, cupola, chimney, Such architechl'al feafures
shall have a maximum height limit of twenty feet (20') as measr-red fi'om the roofline.
2. Ttre maximum height limitations shall not apply to the following: spire; amateur radio antenna;
bridge tower; fire and hose tower;observationtower; power line tower; smokestack; water
tank or tower; ventilator; windmill; wireless communication facility, or other commercial or
personaltower and/or antenna structure; or other appurtenances usualiyrequired to be
placed above the level of the ground and not intended for human occupancy. (Ord, 10-1439,
I -12-2010, eff. 1 -1 8-20 1 0)
3. Notwithstanding other height limitations as set forth in this chapter, the maximum heigtrt for
education facilities shall be forry feet (40').
4. No exception shall be allowed to the height limit where the height of any structru'es will
constitute ahazardto the safe landing and takeoff of aircraft in an established airport.
F. Living Space: Excluding the garage, all detached residential dwelling units in the R-2 and R-4
districts shall meet minimum living space size requirements in accord with sections I 1-2A-4
and 11-24- of this article. (Ord. 05-1170, 8-30-2OO5, eff. 9-15-2005)
G. Roof Design: All residential dwelling sturctures shall have a pitched roof not less than thlee feet
(3') in height for each twelve feet (12') in length. Alternative roof designs for attached single-
family, duple>g townhouse, and multi-family residential dwelling sfirrctures may be approved
ttuough administrative designreview. (Ord. 09-1394,3-3-2009, eff. retroactive to 2-4-2009)
H. Drainage:
1. ln no case shall a development propose less than a five foot (5') setback adjacent to a
properly that is not part of the development application.
2. Properties shall provide adequate area to maintain drainage onthesite. (Ord.05-1170, 8-
30-2005, eff. 9-15-2005)
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313
CONGER em!MANAGEMENT @ GROUP
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February 15, 2014
City of Meridian - Planning and Zoning Department
Bill Parsons
33 E. Broadway Ave.
Meridian, lO 83642
Re: ZOA-14-001: UDC Text Amendment
Dear Mr. Parsons,
We are in receipt of the Slaff Fleport lor this UDC Text Amendment that recommends approval of
the reduced side yard setbacks in an R15 zone.
Our only dispute would be with "Section UDC 1 1-2A-3D Encroachment Allowed in Any Setback".
We respectfully disagree with the recommended condition that no encroachments would be
allowed in the Rl5 Zone with setbacks less than 5 feet. As we understand it, the basis of this
recommendation is lhat Staff believes the administration of encroachments would be difficult.
We have discussed this issue internally and believe that there is an easy approach to allowing
these encroachments with the text amendment and it is as follows:
Encroachment in an 815 Zone wilh side yard setbacks less than 5
feet shall be allowed with a
maximum encroachment ol 1 foot.
The reasoning and support ol this encroachment condition is as follows:
The maximum 1 foot encroachment would be part of lhe UDC and would be simple
lor stalf to
review and approve during lhe building permit process. This would eliminate statf's concern
that the administration would be diflicult.
The current code allows for a 2 loot encroachment with a side yard selback ol 5leet
that
typically has a fence on lhat lot line. The allowable "access space" is 3
feet per the current
code requirements. With the reduced setback not allowing side yard fencing, the proposed
allowable "access space" would be 4 feet (6' between structures less the two 1'
encroachments). ln this proposal we would be increasing the "access space" lrom 3 feet to 4
leet.
One final note is that we would like to correct the Applicant's (Tahoe Homes) noticing address.
This address should be 1979 N. Locust Grove, Meridian 83646. We apologize for placing this
incorreclly on the application lorm.
ln summary, we request that the conditions of approval be modified to allow for a maximum 1 foot
encroachment wth the UDC Text Amendment. Thank you lor your consideration on this matter,
please contact me with any questions aI208'713-2527 .
Sincerely,
Jim D. Conger
President
J DC/dj
fi0ied l,hflolemefll / Sils &yelqnellt /
tfirtrl)di0n trl0n0$Ile[ll
January 9,2074
City of Meridian
Planning and Zoning Department
Justin Lucas
33 E. Broadway Ave. Meridian, lD 83642
Re: UDC Text Amendment
Sections t1-ZA-7 and 11-24-3 D(2)
Mr. Lucas,
On behalf of Tahoe Homes, the applicant, please find attached the application for a UDC Text
Amendment to Sections L1-2A-7 and 11-24-3 D(2).
The applicant is requesting that an amendment be made to the current Meridian City code to
allow for three foot (3') side setbacks in the R-15 residential district, which is currently allowed
under the residential building code and fire code. Currently, the Meridian City code requires
either five foot (5') side setbacks or allows for zero in the R-15 residential district, With the
approval of this UDC Text Amendment Application, this change will align the Meridian City code
to the residential building code and fire code.
Thank you for your time and consideration of this matter, Should you have any
questions
regarding these applications, please and feel free to contact me by e-mail at
jconger@ co ngergroup.com o r at 208-7 13-2527 .
Best regards,
Jim *#{'-7
Attachments
CONGERGROUP NT
JC/d)
Conger Management Group 1627 S' Orchard Street, Ste. 24, Boise, ldaho83705 www.congergrouP.com
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Notes I
City of Meridian Development Review
Agency Comments Meeting
n Date: 7-L"l Date of List:
fl|un
1-* ecl
A B C D I
1 2 J1 4 5 6 7 8 9 l0 ll t2 l3 t4 15 l6 17 18 l9 20
2t 22 23 24 25 26 27 28 29 30 31 32 JJ aa 34 35 36 3t 38 39 40
41 '42'
43 44 45 46 47 48 49
Police
Notes:
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A B C D E
7l 72 73 74 75 76 77 78
L{;,
&,b 0
Notes:
A B C
1 2 1
J 97 98
Parks
Notes
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6 46 47 79 80 8l v2 83 84 85
Public Works
Notes
I 2 J 4 5 6 7 8 9 10 ll t2 l3 14 l5 16 l7 18 l9 20
2t 22 23 24 25 26 27 28 29 30
Ret.6/6/12
South of RR / SW Meridian:
_ NW Pipeline
_ New York lrrigation District
_ Boise-Kuna lrrigation District
Boise Project Board of Control / Tim Page
City Clerk's Office . 33 E, ldaho Avenue, Meridian, lD 83642
Phone 208-888-4433 rFax 208-888-4218
r www.meridiancity.org