CC - Commission Recommendation to Council 8-18 STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT .►A H O
HEARING 8/18/2020
DATE: '
0
TO: Mayor&City Council 16 $$
26
FROM: Bill Parsons, Current Planning
Supervisor
208-884-5533
SUBJECT: H-2020-0072 —
2020 UDC Text Amendment Legend �.
LOCATION: City wide AOCI
County — 69
Line
Future
Road
I. PROJECT DESCRIPTION
The Meridian Planning Division has applied for a Unified Development Code (UDC)text amendment to
update certain sections of the City's Code(UDC) as follows:
• Code Enforcement and Penalties in Chapter 1;
• Specific Use Standards in Chapter 4;
• Public Hearing Process in Chapter 5; and the
• Subdivision Design and Improvement Standards in Chapter 6.
II. APPLICANT INFORMATION
A. Applicant:
City of Meridian Planning Division
33 E. Broadway Ave, Suite#102
Meridian, ID 83642
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III. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Notification published in
6/26/2020 7/31/2020
newspaper
Notification mailed to property
owners within 300' NA NA
Applicant posted public hearing
notice sign on site NA NA
Nextdoor posting 6/23/2020 7/28/2020
IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan)
A. Comprehensive Plan Text(https://www.meridiancity.org/compplan):
3.01.01B -Update the Comprehensive Plan and Unified Development Code as needed to
accommodate the community's needs and growth trends.
Many of the requested code changes below reflect the desire of the Community to have a more
transparent and inclusive process to address the current growth trend. Other changes are requested
by Code Enforcement to clarify procedural processes in the code and close "loopholes"to improve
enforcement of the code.
3.04.01B—Maintain and update the Unified Development Code and Future Land Use Map to
implement the provisions of the Comprehensive Plan.
The UDC changes are tracked through-out the year to ensure the code remains current. The
proposed changes are the first round of changes to address some of the concerns brought up
throughout the previous year,primarily related to the planning process.A second round of UDC
changes are envisioned later this year, after coordination and vetting through the UDC Focus Group.
V. UNIFIED DEVELOPMENT CODE ANALYSIS(UDC
In accord with Meridian City Code 11-5,the Planning Division has applied to amend the text of the
Unified Development Code(UDC). For purposes of this application,both the Planning Division and
the Code Enforcement Division have work closely to compile a host of changes and combine them
into one application. Staff believes these changes are fairly straight-forward and largely
administrative in nature; related to process primarily and not development improvement
requirements.NOTE: Code Enforcement changes are first in the table and pertain to Chapter 1
of the UDC.
The text amendment includes updates to multiple sections and the addition of new provisions that
pertain to the following:
• Code Enforcement and Penalties in Chapter 1;
• Specific Use Standards in Chapter 4;
• Public Hearing Process in Chapter 5; and the
• Subdivision Design and Improvement Standards in Chapter 6. And other miscellaneous sections
to improve the administration of the code.
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Exhibit VII below includes a table of the requested changes/additions and supporting commentary
explaining the purpose of the change to the UDC. Many of these changes have been vetted with City
Council before the application submittal and the draft changes were shared with the UDC Focus
Group and others to solicit feedback. As of the print deadline of this report, Staff received one email
from one of the members of the UDC Focus Group pertaining to the submittal timeframes for public
testimony(see public record).
In summary, Staff believes the changes proposed with this application will make the implementation
and use of the UDC more understandable,useable and enforceable,while greatly improving the
transparency and efficiency of the planning and development process.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed text amendment to the UDC based on the analysis provided
in Section IV and V, modifications in Section VII and the Findings of Fact and Conclusions of Law
listed in Section VIII.
B. The Meridian Planning&Zoning Commission heard this item on July 16,2020.At the public
hearing,the Commission voted to recommend approval of the subject ZOA request.
1. Summary of Commission public hearing_
a. In favor: Planning Division
b. In opposition:None
C. Commenting. None
d. Written testimony: Laren Bailey Sally Reynolds and Dave Yor ag son
e. Staff presentinggpplication: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) testimony
a. None
3. Ke, ids)of discussion by Commission:
a. Staff report and agency comment deadlines
b. Placement of public hearing signs
C. Review of common driveway standards with phase 2
d. Review of parking standards with phase 2
e. Plan for communicatingto o the public the timeline for receiving written testimony
f Keeping the timeframes of written testimony to I day instead of 2 days as proposed in
the submitted written testimony
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandingissue(s)ssue(s) for City Council:
a. None
C. City Council:
Enter Summary of City Council Decision.
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VII. EXHIBITS
A. Table of Proposed Text Changes
Proposed UDCText Amendments
nmCSeawn Tvpic Reason for Change Proposed Change
11-1-11 Code Enforcement Code Enforcement would like to clarify some of the grey 11-1-11:CODE ENFORCEMENT:
areas or close loop-holes in various sections of code.
A_Duty Ta Enforce:
1.It shall be the duty ofthe Community Development Director or designee to interpret this title.
2.It shall be the duty ofthe Code Enforcement Division ofthe Police Department to enforce the
regulations of this title,as set forth in this section.Code Enforcement Officers may call upon the
services of the Planning,Fire,Parks or other appropriate City departments to assist in enforcement
3.It is the intent of this title to place the obligation of complying with its requirements upon the owner,
occupier or other person responsible for the condition of the land and buildings within the scope of
this title.
investiffa4ion`
11-1-11 Cont Code Enforcement
nC 1170,9 3D 2095,s[9 115 200gr.amEL n
-1514-e--1,5-e9 2012jr
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2005 e{r m_15-200Cr
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BD.Revocation Of Conditional Use Permit:
1 A conditional use permit may be revoked or modified by the City Council,upon notice and hearing,
for breach or violation of any condition of appruval or limitation of the permit
2.If the City Council decides to r ke a conditional use permit,either on its own action or upon
complaint to the City Couna 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 C15]days'prior notice of the hearing shall be given to the permit holder and all property
owners within three hundred feet(3C 01 of the boundaries ofthe land for which the permit was
issued.
4.The City Council shall nuke findings offact and conclusions oflaw supporting its decision to revoke
the conditional use permit If the Council does not decide to revolve the permit no findings of fact
and conclusions oflaw shall be made.
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11-1-11Cont Code Enforcement LE.Revocation Modification,Or Denial Of Accessory Use Permit:
L An accessory use permit maybe revoked or modified by the Director upon a finding of breach or
violation of any condition ofapproval or limitation ofthe 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 ofthe 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 derma]ofan
accessory use permit Such appeal shall be made in writing,shall state the 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 ordenial.Upon receipt of such written appeal.the City Clerk shall
schedule a public hearing on the appeal at a City Council meetingwithin thirty(30)days The Clerk
shall provide fifteen Cl 5)days'notice of the hearipgto the permit holder or applicant and all
property owners within three hundred feet(300')ofthe boundaries of the land for which the
permitwas issued.
3 Following public hearing on the appeal City Council shalt afs—k modify,ar reverse the Directors
action and shall issue written findings supporting such decision.The City Council's decision on such
appeal shall be a final decision.(Ord 18-1762,1-23-2n113)
11-1-1Z Penalties Code Enforcement would like to clarify some of the grey 11-1-12:PENALTIES:
areas or close lump-holes m various sections of code,
A.
A violation of,or failure to comply
with,mW provision ofthis title shall be un]awfuL Any person violating cr failing to mmplly with say of
the provisions ofthis title shall be subject to the following penalties:
1.A first conviction of a violation or fdolL to cm 00)with a court
c sion of this title shall be an infraction
punishable by a fine of twenty-five dollars($25.00}plus court costs.
2.A second conviction-within a period nFfive(S)year,nfa violation or failure to cnmrlvwith a
provision ofthis title shall be an infraction punishable by fine offifry dollars CS5C.110Jplus court
costs.
3.A third or subsequent conviction within a period offive[5)ye=oFa violation of or Edlure to
comply with a provision of this title shall be a misdemeanor.
4.The failure to pay a fine for an infraction penally as sed pursuant to this section shall be a
misdemeanor.
Hach daynfne ni fiance.with any ofthe provisions ofthix titleshall mnatih:t.a separate o ense-
11-4-3-38 Specific land use name Consistency with use name in Allowed Use tables(Ch.2j. 114-3-3t3:Vehiele Sales cr Rental and So—
change-Vehicles Today,the name ofthis land use in Chapter 2 includes
Sales/Rental/Service vehicle service;add to name in specific use standards
(Ch.4).
11- -6D2a public Hearing posting Instead of 4'x 4'which seems to be overkill,require 18"
requirements For x24"for"smaller"applications. a.Conditional use perosit applications for daycare,group:citveouncil review ofaccessory uses in
Council Review residential districts:and anne—d.u,preliminary plat,variance,rezone,and comprehensive plan
daycares and other, amendment applications for properties of land less than thwo(3)Lwo121 acres in size:The applicant
similar,Accessory Use shall pasta sign consisting.f—l l-i,-bye-7-imsh one(1]18-inch by 24-inch piece of paper mounted
applications to a rigid surface of at least equal size,or other material statingthe name ofthe applicant,a statement
concerning the proposed development,and the date,time and location ofthe public hearing.
11-SA-6C Invite property owners The public wants to be involved earlier in the project C.Neighborhood Meet'nrgs:
From Further away to development process so their voice can be better
neighborhood meetings considered in design particularly For residential 1.Applicants for applications requiring a public hearing are required to hold a neighborhood meeting to
9,hold the meeting no projects.Five days does not really provide much Beano opportunity For public reviewof the used project prior to the submittal ofan
closer than 10 days opportunity for an applicant to consider Feedback from provide ppo ty P prof prof
before submittal the neighbors to potentially incorporate into their plans application except a neighborhood meeting is not required for city council review,a vacation and/or
before submittal short plat
2.Notice ofthe neighborhood meeting shall be provided to all propertyawners of record within three
-
h—dred five hundred Feet P5003 of the exterior boundary ofthe application property.Notice oFthe
meeting shall be either hand delivered or mailed to the recipients.
3.Notice ofthe meeting shall be provided at least five(5)days�prior to the meeting.The meeting shall be
held not more than three(3)months or less than five ten(SIC)days prior to the submittal of an
application.
.The neighborhood—4hi shall be held on a Mo Tuesday,Wednesday,or Thu excludin
holidays),and the meeting shall start between 6:00 pan and 8:00 p.m.
5,The neighbarbood meeting must b e held at a location within&e(5)mll�ofthe proposed pronect site,
or at Meridian city hall.
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11- -6E Similarto 11-A-6C- E.Mailing And Publishing of The Public Hearing Notice:
notice property owners
For public hearings .Legal Notice:At least Fifteen(15)days prior to the public hearing,the city shall publish a notice ofthe
within 500' time and place and a summary of the application in the official newspaper oFgeneral circulation in Ada
County.
.Radius Notice:
Time Of Notice:At least fifteen(15)days prior to the public hearing,the city shall send a notice by first
class mail cfthe time and place,and a summary ofthe application to property owners or purchasers of
record(as listed in the current records ofthe Ada County assessor]owning property within three
-
haudm five hundred Feet[3M of the property being considered.
.Notice Extended:The noticing shall be extended to property owners within one thousand feet(1,000')
of the external property boundaries For heavy industries and wireless communication facilities.
Notice To properties Farther From Exl a nal Boundaries:The director may determine,or other
applications provided for in this title may require,that notices be sent to properly owners or purchasers
of record whose properties are farther
from the external boundaries of the property-than those listed hercim
11-SA-6H Timeline and Standards The City is receiving a lot of information,from the public.H. Written Testimon5a Written testimony submitted for inclusion in the record ofany public hearing A
[NEW for Receiving Public applicant and otheragencies,late in the process.To be submitted to the city clerk by noon on the day prior to the day on which the public hearing is
SECTION) Testimony ensure written testimony is received in a timely manner scheduled.
to be considered bythe decision making body,a deadline
for submittal is needed.
11-6C-334 Subdivision street To clear up the intent of restricting dead-end street
lengths and names lengths to 500'. B.Streets'
m
4.QJ-Be-Sass:Terminal CulDe-Sacs and Read End Streets:
a.No streets or series of streets that ends in a cul-de-sac or dead end shall be longer than five hundred
feet(5001 except as allowed in subsection b of this section.
b.The City Council may approve a dead end street up to seven hundred Fifty feet C750)in length where
an ernergeE cy n mess is pmposed:or where there is a physical harrier such as a sheep slope,railroad
tracks,an arterial roadway.or large waterway that prevents or makes i mnmactical extension;and where
a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility.
c.Cul-de-sac streets may serve a maximum of thirty(30)dwelling units.
d.The length of a cul-de-sac street shall be measured from the near edge of the right oFway to the center
of the turnaround.
VIII. FINDINGS
1. UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: (UDC 11-513-3E)
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 IV, 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 if the changes to the text of the UDC are
approved as submitted. It is the intent of the text amendment 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
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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.
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