PZ Rec / Staff ReportSTAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
September 7, 2010
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
E IDIAN~--
IDAHO
ZOA-10-001 -Temporary Portable Classroom Text Amendment
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The City of Meridian Planning Department has applied for a Zoning Ordinance Amendment (ZOA)
to amend the Unified Development Code (UDC). The purpose of the ZOA is to add language to the
Specific Use Standards for an Education Institution (UDC 11-4-3-14F) that outlines the process and
standards for establishing the use of portable classrooms.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed text amendment to the UDC based on the analysis
provided below and the Findings of Fact and Conclusions of Law listed in Exhibit A. The Meridian
Planning & Zoning Commission heard this item on August 5.2010. At the public hearing the
Commission moved to recommend approval of the subiect ZOA request.
a. Summary of Commission Public Hearing:
i. In favor: Eric Exline
ii. In opposition: Keith and Marva Watson
iii. Commenting: Keith Watson and Marva Watson, Wayne Harmers
iv. Written testimony: Keith Watson. Whitney and Eric Wood
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Pete Friedman, Bill Nary
b. Kev Issue(s) of Discussion by Commission:
i. The portable classroom compatibility with surrounding residences and the school
building.
ii. The color and roofing material for portable classrooms.
c. Kev Commission Change(s) to Staff Recommendation:
i. The Commission modified staff s recommendation and proposed standards 4e. and 4f as
follows•
4e. Exterior colors of the portable classrooms shall be compatible with the color of
the primary school building;
4f. The roofing material on the portable classrooms shall be of a finish that emits a
minimal amount of glare.
d. 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 ZOA-10-
001 as presented in the staff report for the hearing date of September 7, 2010 with the following
modifications: (add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number ZOA-10-001
as presented during the hearing on September 7, 2010 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 ZOA-10-
001, to (insert specific hearing date), and direct staff to make the following changes: (insert comments
here.)
IV. APPLICATION FACTS
A. Site Address/Location: City wide.
B. Applicant:
City of Meridian Planning Department
33 E. Broadway Avenue, Ste. 210
Meridian, Idaho 83642
C. Applicant's Statement/Justification: Staff continuously tracks the UDC in order to identify issues
that hinder the code's ability to function efficiently. See applicant's narrative for more
information.
V. PROCESS FACTS
A. The subject application is for a UDC amendment. Based on 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: July 19, 2010 and August 2, 2010 (Commission); August
16 and 30, 2010 (City Council)
C. A public service announcement was broadcast faxed on July 16, 2010 (Commission) and August
12, 2010 (City Council) regarding this application.
VI. COMPREHENSIVE PLAN POLICIES AND GOALS
The City's Comprehensive Plan is a vision and policy document for guiding development and the
transportation needs in the City of Meridian. Staff finds that the subject Unified Development Code
Amendment complies with and furthers the goals and objectives of the 2002 Comprehensive Plan.
The specific objectives and actions that support the proposed amendment are listed below:
• "Amend the zoning ordinance and map to implement the provisions of this plan" (referring to
comprehensive plan). (Chapter VII, Goal II, Objective A, Action 5, page 111)
• "Eliminate vague/unclear standards in development ordinances." (Chapter VII, Goal V,
Objective C, Action 5)
Staff finds that the intended purposes of the subject ZOA application are harmonious with and in
accordance with the applicable objectives of the Comprehensive Plan.
VII. UNIFIED DEVELOPMENT CODE
The subject application proposes changes to the specific use standards in UDC 11-4-3-14F for
Education Institutions. Because the UDC does not adequately address the temporary or permanent
status of portable classrooms, the Planning Department is proposing the amendment that outlines the
process and standards for establishing the use of portable classrooms and the necessity for design
review.
With the implementation of design review, portable classrooms are subject to the design review
standards outlined in UDC 11-3A-19. These structures are meant to be temporary and maybe
removed once new schools are constructed. However, there maybe instances where the structures
become permanent on the site. Because the design of these structures do not comply with the design
review standards and would more than likely require City Council Review to provide relief from the
design standards; Staff was tasked by Council to find a solution to adequately address this concern.
Staff believes that the proposed changes better define the requirements for establishing the use of
portable classrooms on either a temporary or permanent basis. Further, it clearly defines the
timeframe for the removal of the structure and outlines the standards necessary for establishing the
portable classrooms as a permanent use. Planning Staff has drafted the changes which included input
from the Joint School District No. 2. To Staff's knowledge, there are no objections to the proposed
text amendment.
The Planning Department is proposing to amend the UDC as follows: (Note: The proposed text
changes are highlighted in a strike-out and underline format above.)
Chapter 4: Specific Use Standards
11-4-3-14: EDUCATION INSTITUTION:
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F. Portable classrooms (temporary and permanent): *'~ * + ' a' ~t..d ........ """°`' °..==''=::c==c'- :-~- ~_
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1 A temporary_portable classroom shall be an accessory use valid for a maximum period of four (4) years
from the date of issuance of a certificate of occupancy
a Temporary portable classrooms that meet the standards as set forth in subsection 4 shall require a
certificate of zoning compliance approval but shall not be subLct to design review.
b Tem~orar~portable classrooms that do not meet the standards as set forth in subsection 4 shall require a
conditional usepermit but shall not be subject to design review.
2 Prior to the termination of the four (4) year permit the applicant may request to convert a temporary
portable classroom to a permanent portable classroom.
a Permanent portable classrooms that meet the standards as set forth in subsection 4 shall reauire a
certificate of zoning compliance and design review approval.
b Permanent portable classrooms that do not meet the standards as set forth in subsection 4 shall reauire a
conditional use permit and design review approval.
3 Upon termination of the four (~ year permit the temporaryportable classroom approval shall be null and
void and the applicant shall remove the structure immediately.
4. Standards:
a~. The portable classroom shall not be Located in the front yard of the principal school structure.
b~. The portable classroom shall not be located in any required yard.
c~. The lacement of the portable classroom shall not reduce the number of required off street parking
spaces.
d4. The portable structures shall comply with the building code in accord with title 10 of this code.
e. Exterior colors of the portable classrooms shall be compatible with the color of the primary school
building.
f. The roofing material on the portable classrooms shall be of a finish that emits a minimal amount of lg_are.
VIII. 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 zoning ordinance amendment complies with the
applicable (limited) 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 fmds that the proposed zoning ordinance amendment will not be
detrimental to the public health, safety or welfare.
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 rely on any written or oral testimony provided by any public
service provider(s) when making this finding.