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07-1325 City Code UDC Ordinance Amendment CITY OF MERIDIAN ORDINANCE NO. 07 -I B 26 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11, Unified Development Code, ofthe Meridian City Code is amended to read as follows: Section 11-1-10 Subsection C 11-1-11 83 11-1-11 D Proposed Text Changes It is a violation of the unified development code for any person to not comply with speCific conditions of approval as stated in a certificate of zoning compliance, conditional use permit, accessory use permit. final plat, or planned development as set forth in this title. The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, r=egistered mail, or certifiet:l mail with r=etl:lFA r=eceipt r=eql:lesteEl addressed to the last known address of such person. If, after a time and effort is made to serve or mail Rotite witAol:lt sl:Icsess no address is known, then notice may be made by publication in the newspaper of record for the city of Meridian. The code enforcement officer will record all efforts made to effect service in person or by mail as part of their investigative report. Revocation of Conditional Use or Accessory Use Permit: 1. A conditional use or accessory use permit may be revoked or modified bv the city council. upon notice and hearina. 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 UDC ORDINANCE AMENDMENT - July, 2007 Page 1 of 11M 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. 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 findinas of fact and conclusions of law supportina its decision to revoke the conditional use or accessory use permit. If the council does not decide to revoke the permit. no findinQs of fact and conclusions of law shall be made. 11-1 A-1 5. An agQrieved 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. COMMERCIAL VE""ICLE: ~ee definitierl gf '.'el:licle, Commercial. MICRO_PATHWAY: A patA'.vaypedestrian passaaeway providing access by way of a short travel link between points of destination. MULTIUSE PATHWAY: A passaQeway that is desianed to provide walkina, bicycling and other non-motorized recreational opportunities between areas and facilities. 11-1 A-1 11-1A-1 11-1 A-1 RESTAURANT: A. The use of a site for the primary purpose of food preparation, having kitchen and cooking facilities, and where meals are regularly serve 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 license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.04. 11-1A-1 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, brew pubs and wine bars. SECTION LINE ROADS: The following roads are section line roads within the Meridian area of sity impactcomprehensive plan: Chinden, McMillan, Ustick, Fairview, Franklin, Overland, Victory, Amity, Lake Hazel. Columbia, Can-Ada, Star, McDermott, Black Cat, Ten Mile, Linger, Meridian, Locust Grove, and Eagle;. The term shall include other roadways that follow surveying section lines as additional areas are added to the Meridian area of city ~omprehensive plan. SIGN, MARKETING: A sian advertisinQ the developer, realtor, and/or future 11-1A-1 UDC ORDINANCE AMENDMENT - July, 2007 Page 2 ofU-lQ 11-1A-1 11-1A-1 11-1 A-1 11-1A-1 11-1A-2 11-2A-2 11-2A-3 Figure 1 Table 03 11-2A-4 Table 11-2A-5 Table 11-2A-5 Table 11-2A-5 Table 11-2A-6 Table 11-2A-6 Table 11-2A-6 Table 11-2A-6 Table 11-2A-7 Table 11-2A-7 Table 11-2A-8 Table 11-2B-2 Table 11-20-2 Table 11-20-4 03 11-20-4 F tenants of a site under development. STREET PUBLIC: A street that is subject to the jurisdiction of the Idaho department of transportation (ITO) or the tFJRsl'lor:tatioFl authority Ada County Hiqhway District (ACHO). VEHICLE, COMMERCIAL: I\RY cl:IFFeFltly licensed aRE! ol'leral3le motor vehicle witl=l a gross veRicle weigl=lt rating O'ler tv..enty six tl=lol:lsaFld (29,000) pounds and as ElefiFloEll3y IdaRo Code soctioFl 4 Q 123- YARD, STREET: An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure. On comer lots the street yard extends from the front property line and the street side property line to the nearest line of the principal structure. YARD, SIDE: An area extending from the fFeRt.-street yard to the rear yard between the interior side property line and the nearest line of the principal structure. Correct terms used for street yard and setbacks. See Attached Figure. Wireless communication facilityl, stealth -PIC -PIC -PIC PIC PIC One detached accessory building that is less than two hundred (200) 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 accessory buildina be allowed in the street yard or the required side yard. Note 1. Measured from back of sidewalk or property line where there is no adiacent sidewalk. Street setback to front loaded garage Street setback to living area andlor side loaded qaraae Note 1. Measured from back of sidewalk or property line where there is no adiacent sidewalk. Note 1. Measured from back of sidewalk or property line where there is no adiacent sidewalk. ... with shared driveway. 9F-alley loaded garage, or private street mew lots (two instances in table) ... attached. townhouse, & two-family duplex OU (in feet) Side setback 4Q Note 1. Measured from back of sidewalk or property line where there is no adiacent sidewalk. Side setback 4Q Note 1. Measured from back of sidewalk or property line where there is no adiacent sidewalk. Wireless communication facility1 Wiroless comml:lnicatioR facility, e:tealth Oaycare faGmtycenter Wireless communication facility, amateur radio antennal Wireless communication facilitYl, stealtl=l Any applications that do not meet the criteria in the Downtown Meridian QGesign 2guidelines. as determined by the Director, shall be subject to a conditional use permit as set forth in chapter 5, "Administration", of this title. L~mdscal'JiRg Reql:liFements: Soo chapter 3, artisle 8, "Landscaping -PIC P PIC PIC P P PIC P UDC ORDINANCE AMENDMENT - July, 2007 Page 3 of IJW 11-3A-6 83 11-3A-8 8 11-3A-8 C 11-3A-8 D 11-3A-8 E 11-3A-8 F 11-3A-17 D 11-38-6 E 11-38-7 C1a 11-38-7 C2b 11-38-8 C2d Reql:lir:ements", of this title. Except as allowed above, all other open irrigation ditches, laterals, canals, and drains shall be fenced with an open vision chainlink fence at least six feet (6') in height and having an 11-gauge, two inch (2") mesh or other construction.... The "Bicytle PeElestFian Dosign Manl:lal For AdJ COl:lnty" (as prepared by the Ada County Highway District) and the city of Meridian parks and recreation system masteF-plan should be considered when reviewing multiuse pathway designs. Right of way for micro pathways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks, other residential areas, and/or shopping areas. Micro P-Qathways shall have easements at least fifteen feet (15') in width in accord with article 8, "Landscaping Requirements", of this chapter. Micro_pathways shall be less than two hundred fifty feet (250') or two (2) lot depths in length, whichever is less restrictive, and have a walking surface of m least five feet (5') in width. LandscapinQ adiacent to MiGfepathways shall be installed comply with the landstaping r:eql:lir:ements in accord with article 8, "Landscaping Requirements", of this chapter. Sidewalks shall be required on both sides of the street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred fifty feet (150'); sidewalks on only one side of the street may be allowed. Sidewalks shall not be required alon!:! private streets in residential developments as set forth in article F, "Private Street Requirements", of this chapter. Subdivision Irrigation Systems: If ~t/:Ie-pressurized irrigation system is part of a plat, any irFigation pump station is required on the developed property, such station shall be on a Gammon lot solely dedicated to that pump station. Said lot The irFigation system shall be owned by the entity that owns and maintains the pressurized irriaation system.and maintaineEl ~y an irrigation distr.ict or an owneFS' assotiation. Street Buffers With AttJsheEl SiElowalksMeasurement: L All street buffers with attached sidewalks shall be measured from the pFCIperty line and not from tl:1e back of sidewalk. Where ACHD is anticipating future widenina of the street. the width of the buffer shall be measured from the ultimate sidewalk location as anticipated by ACHD. ii. All street buffers with detached sidewalks shall be measured from the back of -GF-curb. Where ACHD is anticipatinQ future wideninQ of the street. the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an averaae minimum separation of Qreater than four feet (4') to back of curb. All commercial, industrial, and other nonresidential street buffers shall be on a common lot or on a permanent easementdedicated buffer, maintained by the property owner or business owners association. Trees required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one ill tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. Each interior planter that serves a double row of parking spaces shall have at least two (2) trees and shall be covered with low shrubs, lawn, or other vegetative groundcover. Trees shall be UDC ORDINANCE AMENDMENT - July, 2007 Page 4 of 1J14 11-38-14 C 11-38-14 C2 11-3C-4 8 11-3C-4 81 11-3C-4 83 11-3C-5 81 11-3C-5 83 11-3C-6 Table 11- 3C-6 11-3C-6 G 11-30-3 8 11-30-4 A2 centered within the olanters. Deciduous shade trees shall be pruned to a minimum height of eight feet (8') above the adjacent parking areas. Evergreen trees and Class III trees are prohibited in interior planters. Extension Of Time For Installation: The buildinQ official, uoon recommendation of the director, may issue a temporary certificate of occupancy for a specified time period, not to exceed one hundred eighty (180) days when: The applicant has bORdDEl orovided surety to the city for the required improvements consistent with the provisions of chapter 5, article C, "Surety Agreements", of this title. The followina standards shall apply to all residential orooerties and to oP-arking areas for residential dwellings: PaFkiRg of ORe "commercial "ohicle" as ElefiRed iR SA;]flter 1. "General Regl:llatioRs", of tAis title par pFOpeFl:y may be allowed, !')FOviEled it is operated by the occupant and used to commute from home to work at an off site 10catioR Qr l:Ised as part of aR apPFO'leEl home Qccl:IpatioR. One boat and one travel trailer may be stored in the side or rear yard, where such yard is fully screened with a minimum six-foot (6') closed vision fence. Except as otherwise provided in this section, all 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 dustless material, including, but not limited to, asphalt, concrete, pavers, bricks, or recycled asphalt. TAis staRdaFCJ sRall Rot apply to tempoFJry l:Ises. Except as otherwise provided in this section, all off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. The Director may waive this requirement for internal parkina spaces not adioinina a prooerty boundary, landscape island, sidewalk, pathway, or any similar development feature. This standard shall not apply to temporary uses. Notes: 1. The size of the garage required for dwelling units shall be measured by exterior dimensions and shall be at least 10 feet by 20 feet for a 1 space garage and 20 feet by 20 feet for a 2 space garage. 2. The parking pad shall be measured from garage face to edge of sidewalk or edge of paved travel lane (public street, private street, common driveway, or alley). One bicycle parking space shall be provided for every twenty five (25) proposed vehicle parking spaces or portion thereof, except for single-family residences, two-family duplexes, and townhouses. Pennants, strings of lights, ribbons, streamers, spinners, twiners or propellers, ballooRs, bubble machines and similar devices of a carnival nature. TAD application shall GDRtaiR SI:lCR iRfoFFAatioR as may be rDql:lir:eEl by tho bl:lilEliRg coEle iR accorEl \\fitA title 1 Q of tRis code aREl all a!')!')FO!')Fiatc r:egl:llatioRs of tRe city. Upon tentative approval of the application by the director subiect to any applicable conditions of approval and the reaulations of chapter 5, "Administration", of this title, the applicant or owner shall have six months to UDC ORDINANCE AMENDMENT - July, 2007 Page 5 of U-W 11-30-4 ti 11-30-6 B1 11-30-8 B 11-30-9 A 11-30-10 Table 1 11-30-10 Table 1 through Table 6 11-3E-2 11-3E-4 C1 11-3E-5 11-3E-6 11-3E-7 11-3E-8 obtain a building permit. Existing Violations: No sian permit shall be issued for a property and/or business that have an outstandinQ notice of violation. Construction signs and/or marketing signs shall be allowed, provided that such signs are erected no more than thirty (30) days prior to the beginning of construction for which a valid building permit has been issued, are confined to the site of construction, and are removed five (5) days after completion of construction and prior to occupancy. Construction sign~ and/or marketina sians shall be a maximum of thirty two (32) square feet in area, unless legally required by a governmental contract to be larger. (See tables 1 through 6, section 11-30-10 of this article for other standards related to construction signs and marketing signs.) Construction Signs and/or Marketina Sians: The regulations in subsection 11- 3D-6A2 of this article shall also apply. ... If approved, a planned sign program may allow for increases to the background area, ~and other standards for wall signs. Rent, lease and sale signs. Permits Required ~N Construction and/or marketina (multiple instances in tables) APPLICABILITY: The regulations of this article shall apply to all temporary uses in all districts with the exception that Temporary Fireworks Stands. special events.l..and seasonal activlliates that are conducted as part of an education ~institution shall be deemed accessory uses and shall not be subiect to the provisions of this Article. A maximum of one temporary structure shall be allowed and may cover a maximum of five-seven hundred (leOO) square feet. STA~JOARDS FOR FIREWORKS STANDS: A The l:lse shall be pFOhibited in residential distFiGts. B. The appliGaFlt or oWFler shall obtaiFl \':FitteFl approval ef the Moridian city fire depaFtmeFlt. C. Dates of fireworks s:::lIes sl:1all cemply '.'lith h,laho Code section 39 2606. D. Applicant shall comply with the st3F1daFds for access as determined by the traFlspoRatioA al:lthoFity. E. PaFkiA~ areas shall be paved, iF! vo~etati'.{e cover, or impFO'Jed with a dustless mJtoFial. 11-3E~Q STANDARDS FOR SUBDIVISION MODEL HOME/REAL ESTATE SALES OFFICES: 11-3E-7Q STANDARDS FOR CONSTRUCTION SITES: 11-3E-8Z STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS: UDC ORDINANCE AMENDMENT - July, 2007 Page 6 of 1.114 11-3E-9 11-3E-10 11-3E-11 11-3G-3 A 1 11-3H-4 A 11-3H-4 B 11-3H-4 C4 11-4-3 2 11-4-3 9A4 11-4-3 9AQ 11-4-3 9Al 11-4-3 12D 11-4-3 12E 114-3 210 11-5A-2 Table 11-5A-2 Table 11-5A-2 Table 11-5A-5 B 11-3E..g~ STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENT: 11-3E~~ STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT: 11-3E-1~Q STANDARDS FOR PROMOTIONAL ACTIVITIES IN ~ NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OR GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE. The total land area of all common open space shall equal or exceed five-ten percent (W%) of the gross land area of the development. Access to and/or from 1-84_and McDermott Road (or future Highway 16 extension): No access shall be allowed except at specific interchange locations as established by the Idaho tlransportation eQepartment. Access to and/or from State Highway 69, State Highway 55, and State Highway 20-26: Along Highway 69 and HiQhway 20-26, the applicant shall be responsible for constructing a ten foot (10') multiuse pathway with a pUblic use easement. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. Upon tentative approval of the application by the director for aroup and center daycares. t+he applicant or owner shall secure and maintain a basic daycare license from the state of Idaho department of health and welfare, family and children's services division. Prior to submittal of an application for an accessory daycare facility in a residential district. the applicant or owner shall hold a neiohborhood meetino in accord with section 11-5A-5C of this title. Notice of the neiQhborhood meetinq shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subiect property. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this Title. whichever is more restrictive. Location: The secondary dwelling unit may be~ located within or attached to the primary dwelling.;..as-a detached structure; or above or beside a detached structure, such as a garage. Parking: At least one parking space shall be provided on site for the accessory secondary dwelling unit in addition to the required parking for the existing residential unit. TRe home oGGI:lf'latioFl sRall Flat iFlvolve tRe I:lse of mor:e tRan one (1) commer-cial ~ Application: Development aareement modification; Recommendino Body: D: Decision Makino Bodv: CC: Process: PH Application: Plat, final, modification-te-oote; Recommending Body: D; Decision Making Body: CC; Process: A PM Application: Plat. short; Recommending Body:-WaAe..Q; Decision Making Body: .g CC; Process: A PH Preapplication Meeting: No more than four (4) months prior to submittina an UDC ORDINANCE AMENDMENT - July, 2007 Page 7 of TIM 11-5A-5 C 11-5A-5 D1 11-5A-5 E & F application. aApplicants for permits requiring a public hearing are required to conduct a preapplication meeting with the department. Applicants for permits requirinq a public hearina are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application, except a neiahborhood meetina is not required for a vacation, and/or short plat. Required: All applicants for permits apfllieatioFlIs requiring a public hearing shall post the subject property, except posting is not required for a unified development code text amendment, a-comprehensive plan text amendment aAElfeF-vacation, comprehensive plan map amendment initiated by the City, and/or short plat. E. Mailing And Publishing Of The Public Hearing Notice: 1. Legal Notice: At least fifteen (15) days prior to the public hearing, the City shall pUblish a notice of the time and place and a summary of the application in the official newspaper of general circulation in Ada County. 2. Radius notice: a. At least fifteen (15) days prior to the public hearing, the City shall send a notice by first class mail of the time and place, and a summary of the application to property owners or purchasers of record (as listed in the current records of the Ada County Assessor) owning property within three hundred feet (300') of the property being considered. b. 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. c. The Director may determine, or other applications provided for in this Title may require, that notices be sent to property owners or purchasers of record whose properties are further than three hundred feet (300') or one thousand feet (1,000') from the external boundaries of the property. d. Notice To Other Jurisdictions: The city shall send notice of the application to other iurisdictions with interest and/or authority over the application, includinq but not limited, to the followinQ: i. Other iurisdictions with ioint iurisdiction; ii. Appropriate utility companies, irrlqation companies or districts and drainaae districts: iii. Health and transportation authorities; and iv. School district. L-Alternate fEorms eQf A,Motice: When posted or mailed notice is required of two hundred (200) or more property owners or purchasers of record, or when the city submits an application for a Comprehensive Plan Map amendment, alternate forms of notice may be provided as follows: a. IR Iiel:l of FRailocJ Rotiee, oQne (1) additional notice of the time and place of the hearing and summary of the proposal shall be pUblished in a newspaper of general circulation within the County, not less than ten (10) days prior to the hearing; and/or b. At least seven (7) days prior to the hearing, a public service UDC ORDINANCE AMENDMENT - July, 2007 Page 8 of UW 11-58-6 H announcement shall be made available to newspapers, radio, and television stations servicing the City. c. The city shall send notice to other iurisdictions in accord with section 11-5A-5E of this article. 4. Notice to other jurisdictions: The city shall send notite of the applitatioR to otl:1er jl:lrisEliGtioRs witl:1 intorest anclf.or 31:1tl:1ority over the application, including but not limited, to the following: a. Otl:1er jl:lFisElittioRs witl:1 joiRt jl:lrisclictioR; b. AppFOpriJte utility companies, irrigation companies or districts and ElraiRage Elistritts; G. ""9altl:1 aRe traRsportation 31:1tl=lorities; 3REl 8-:- Ssl:1ool clistFist. ~Q.. Public Hearing: After receipt of a request for review of the action of the director or commission, the council shall hold a de novaQ public hearing to reach a decision to uphold or overrule the action. MEDIATION. An aoolicant may reauest mediation consistent with Idaho Code ~ 67-6510. The city may require a development agreement in conjunction with the annexation or rezone pursuant to Idaho Code section 67-6511A. When reauired, said develooment aareement shall be sianed by the orooerty owner and returned to the city within one (1) year of the city council arantina annexation and/or rezone. Develooment Aareement: 1. The City and/or an aoolicant may reauest a develooment aareement or a modification to a develooment aQreement consistent with Idaho Code & 67- 6511A. The develooment aareement may be initiated by the City or aoolicant as oart of a request for annexation and/or rezone at any time orior to the adootion of findinas for such reauest. 2. A develooment aQreement may be modified by the City or an affected oarty of the develooment aareement. Decision on the develooment aareement modification is made by the city council in accord with chaoter 5, "Administration", of this title. For conditional use permit~ that also require platting, the final plat must be recorded within this eighteen (18) month period. No more tl:1JR two (2) ORe year time exwRsioRs may I:le granted to a single sORclitioRall:lse. Revocation: See Section 11-1-110. 11-5A-6 C 11-5A-~ 11-58-3 02 11-58-3 F 11-58-6 F2 11-58-6 F7 1. ^ cORclitioRall:lse peFFRit may I:le FElvekeel or moclified by the city council, I:IpOR Ratite aREll:1e3Fing, for breach or violatioR of any sonclition of Jpproval or limitatioR of tl:1e permit. 2. If tRe city couRcil clecicles to revoke a conElitioRall:lse permit, either on its own actioR or l:IpOR complaiRt to the city GOI:IAcil, tl:1e cOl:lncil 5 1:1 all Rotify tl:1e peFFRit l:1olEler of its intention to revoke tl:1o sonclitioRall:lse permit and provise tl:1e peFFRit holder with the opportl:lRity to contest tl:1e r:evocation. 3. FifteeR (15) clays' pFior notice of tl:1e l:1ear-iAg shall be given to the pOFFRit UDC ORDINANCE AMENDMENT - July, 2007 Page 9 of 11M 11-5C-1 11-5C-2 11-5C-3 8 11-5C-3 C 11-68-5 A1c 11-68-5 A1d 11-68-5 A2 11-68-5 8 11-68-5 D 11-68-7 A ~olt:!er aRt:! all [:lFOper:t:y QWRer:s wit~in t~r:ee ~l:IAt:!r:ed feet (300') of the 13ol:mdaFies of t~e laRt:! t~at was iS51:1et:! t~e peFmit. 4. T~e city cOl:lRcil 51:1311 make findings of fact and concll:lsions of law 51:1[:l[:lertiRfJ its decision to revoke t~c sORditioR::lll:lse peFmit. If the cOl:lRcil does Rot decide to m\'oke tho cORt:!itioRall:lse permit, no findings of fact ::lRd CORGll:IsioRS of law shalll:le mat:!e. 5. ^n afJfJFieveEl permit ~oldor or complaiR3Rt may appeal tl:le decision of tAe city cOl:lRcill:lRt:!er the administrative procedures act of the state of Idal:lo, Ida~o Code section 67 5270. Purpose: the purpose of this article is to establish procedures that guarantee the completion of improvements where city enaineer sianature on the final plat or occupancy of a structure is desired, but the improvements required by the city have not been completed. The provisions of this article shall apply 9Aly-to those improvements that are not needed to protect the public health, safety and life (includina but not limited to: " /\pplica13le impFOvBmeRts iRclude landscaping, fencing, pressurized irrigation systems and site amenitiesL The following improvements are needed to protect the public health, safety and life (includina but not limited tomust be iRstalled aRd am Aot elifJible for Sl:lFety: water, sewer, and power facilities; parking lot paving and striping; and street paving) and therefore shall be installed prior to occupancy. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the city enaineer, an owner may post surety for such improvements in order to obtain city enQineer siQnature on the final plat. In the event that an applicant and/or owner cannot complete the non-life, non- safety and non-health improvements, such as landscaping, pressurized irrigation, and fencing, INithiA the time sfJesifieEl iR tAe fiRal plat approvalprior to city enaineer sianature 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 proposed subdivision does not exceed four (4) lots (excluding landscaping lots) on previously platted property or does not exceed two (2) lots (excluding landscaping lots) on a parcel of land or is the CfElatioR of cORdomiRil:lm plat; aM No new street dedication, excluding widening of an existing street, is involved; and A condominium plat application for property in any district may be processed as a short plat where RO Rev: de'Jelepment is pFOposeElall buildinQs are constructed or have received buildina permits for construction. Preapplication Conference: The applicant shall complete a preapplication conference with the director or designee prior to submittal of an application for a pmlimiAary short plat. Decision: In accord with chapter 5, "Administration", of this title, a decision on a short plat is made by the director city council with recommendation from the director and/or city engineer. Failure To Submit Final Plat: Approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the UDC ORDINANCE AMENDMENT - July, 2007 Page 10 of 11-14 11-68-7 8 applicant fails to rocom 3 obtain the city enaineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one illyear of the combined preliminary and final plat or short plat. Phased Development: In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if sl:lbmittel:! sianed by the city enoineer within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Authorize Extension: Upon written request and filing by the applicant prior to the termination of the period in accord with subsection A and subsection 8 of this section, the director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Abutting Properties: Unless limited by ~significant geographical features, or separated by a minimum five-foot (5') wide landscaped common lot. all properties that abut a common driveway shall take access from the driveway. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary .Q@tand/or as an exhibit with the final plat application. Total easement width shall not be less than ten feet (10'), unless specifically approved by city council at the time of final plat approval or as approved throuah an easement vacation application. Mailbox Placement: The applicant shall provide a letter from the United States Postal Service statino that the mailbox location(s) for the development have been approved. Allows for innovative design that creates visually pleasing and cohesive patterns of development (includina but not limited to residential development at densities areater than eiaht (8) units per acre where desian auidelines are in place for development and where oarnoe doors are aenerally not fronting the street); and 11-68-7 C 11-6C-3 D5 11-6C-3 D7 11-6C-3 E2 11-6C-3 11-7-1 A2 UDC ORDINANCE AMENDMENT - July, 2007 Page 11 of 11M <I'l ll) ~ E-< ...... o ......:l "0 a <I'l~ ~ :>-< "0 tl) I-< 'g. ll) p::: ~~ cd o:S ll) (I') , , ........ ........ ll) ~ ~ / ...: / 11 $ ~ . ~ '/...: Jl ~ / I' <i5 . ~ U III <I'l ...: . .\:;3 ""C 'E/ "'"tl U / /:..~" . ofl Cii .$J .E (Q) >;;" >;;. ~ ~ H Cii ~ 'I . ~! :!l / C) ~ .8 ~ ~ -.." r/.l . ~ Q..1 Q,J w ~ / i .~ ] / ,..J i1l :5 i1l ~ , / i ~ ~ i @)@(Q)@' / ! @ i ._._____.!-. @ k- @ I / __mm_m__, I', .-.-.- ----------......... I ' ' ,_.__.._.hm__ : I'! ; ! .,.... 1$. i: : / '''''' :! 'I~~i '/ \~'" : / .~.~ , . '7<. : i / / "'. :, i \'" ...: I . ~. . 'I ~- m__m: (Q) ! . ~:,\-'" @ , '@ I . , I L.-.-.-.-.-. .1 }] no:) au I .V "1 :~) / / / (Q) / / @ @ i .~// i~ i@ :@ ! / i~ t / /,/ ""ia@!.,~, ~ i . ~\':':lI L ,---@---... E ' / I .-.-.-. 8 f"@'-'-'-'l' 'I ___~mm ; '-'-'-'T t' -- '~ @, i ~ il- ~ i I . ~ i@ ~ ~~@j : 1 i'mi ~ I . i C L : @ i 'I i L , : i i @ ! c_ QJ u: @ @ ~I 4-< o N ........ ll) ~ p., :-"'''.;'"0 t- o o N ~ ~ I ~ ~ Q Z ~ ::E < ~ u g ~ o u Q ~ :-v-;,,'J. Section 2. That all other provIsIons of Title 11 as they relate to the Unified Development Code remain unchanged. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this /0 -fh. day of ftd Af' ' 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this / O~ day of -1~ ,2007. APPROVED: \ \ \ \ \ I: I! I! I !III' \ \ \ -;\ ./, ATTEST: '\'\\....J Ck rit~f;'i.llr'~?I" ,...........' :"'\' .....----.....'~ .I,,,,., ~ $a'r~~'~~ ~df;if~=:j? ~, CA- f ~ >"0 \ CITY CLERK ' ~ SI:11L ~ %. 7~ ,,f?, j % ~q, r 15/ .:p ,f ..."......1 Q-.. - - 'f;)~ ",,-::- 11//.- '-"UNT'<. _\" 'It! 11\' I II;, I : I; \ \' I UDC ORDINANCE AMENDMENT - July, 2007 Page 13 of 13 ... NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07- 132 9- PROVIDING FOR AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE OF THE MERIDIAN CITY CODE An Ordinance of the City of Meridian amending Title I 1 of the Meridian City Code regarding Zoning and Subdivision Regulations codified at Title 11, Entitled the Unified Development Code of the Meridian City Coc( 1, ,, full text of this ordinance is available for inspection at City Hall, City of Meridian;`ica„Meridian, Idaho. This Ordinance shall b ome effective upon passag�ar�L City of Meridian v Mayor and City Council By: William G. Berg, Jr., City Clem First Reading ?—O — O % Adopted after first reading by suspension of t�iule�as allowed pursuant to Idaho Code § 50-902: YES_ NO Second Reading: — Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- 2 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the le d advisor of the City and has reviewed a copy of the attached Ordinance No. 07- 3 2 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of 2007. William. L.M. Nary City Attorney SUMMARY FOR UDC REVISIONS ORDINANCE - PAGE 1 OF 1