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ApplicationMayorTammy de Weerd City Council Members: E IDIAN~- Keith Bird i+ Brad Hoaglun Charles Rountree IDAHO 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 Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: September 9, 2010 Transmittal Date: August 24, 2010 File No.: ZOA 10-002 Hearing Date: September 16, 2010 Request: Public Hearing -Unified Development Code (UDC) Text Amendment to modify and clean up certain sections of the UDC -See application for details of all sections proposed for amendments By: City of Meridian Planning Department Location of Property or Project: Joe Marshall (No FP) Scott Freeman (No FP) Wendy Newton-Huckabay (IVo FP) Michael Rohm (IVo FP> Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (No vaR, vac, FP) Building Department/ Rick Jackson Fire Department Police Department City Attorney City Public Works /Scott Steckline City Planner City Engineer Economic Dev. (cuP only) Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/sHP only> Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cuP/SHP only) QWeSt (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org E IDIAN~-- Planning Department 1 ~ A H o COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment ^ Conditional Use Permit ^ Conditional Use Permit Modification ^ Design Review ^ Final Plat ^ Final Plat Modification ^ Planned Unit Development ^ Preliminary Plat ^ Private Street ^ Rezone ^ Short plat ^ Time Extension (Commission or Council) X UDC Text Amendment ^ Vacation (Council) ^ Variance STAFF USE ONLY: File number(s): ZOA-10-002 Project name: Unified Development Code Text Amendment Date filed: 08/18/2010 Date complete: 08/18/2010 Assigned Planner: Sonya Wafters Related files: Hearing date: 09/16/2010 X Commission ^ Council ^ Other Applicant Information Applicant name: City of Meridian Plannin~~Department Phone: 884-5533 Applicant address: 33 E. Broadwav Avenue. Ste. 210 Zip: 83642 Applicant's interest in property: ^ Own ^ Rent ^ Optioned ^ Other NA Owner name: NA Phone: Owner address: Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Primary contact is: ^ Applicant ^ Owner X Agent ^ Other Zip: Phone: Zip: Contact name: Pete Friedman. Deputy Planning Director Phone: 884-5533 E-mail: pfriedman(c~meridiancity.org Fax: 888-6854 Subject Property Information Location/street address: NA Assessor's parcel number(s): Township, range, section: Current land use: Total acreage: Current zoning district: NA 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 Project Description Projectlsubdivision name: Unified Development Code Text Amendment General description of proposed project/request: Amendment to various sections of Title 11 of the Unified Development Code Proposed zoning district(s): Acres of each zone proposed: NA Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): NA Who will own & maintain the pressurized irrigation system in this development? NA Which irrigation district does this properly lie within? NA Primary irrigation source: Secondary: Square footage of landscaped areas to be Irrigated (if primary or secondary point of connection is city water): Residential Project Summary -- NA Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): GiOSS density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^SingIe-family ^ Townhomes ^ Duplexes ^MuIti-family Non-residential Project Summary -- NA Number of building lots: Other lots: Gross floor area proposed: Hours of operation (days and hours Percentage of site/project devoted to the following: Existing (if applicable): Building height: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant Applicant Date: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 August 18, 2010 MEMORANDCIM TO: Planning & Zoning Commission, Mayor, and City Council FROM: Sonya Wafters, Associate City Planner CC: City Clerk RE: Unified Development Code Text Amendment This memo is intended to explain and outline the fifth request by City Staff to amend the City's Unified Development Code (UDC). Since its implementation on Septernber 15, 2005, Staff has requested four other amendments to the UDC. Staff continually tracks specific sections of the UDC that need to be amended in order for the UDC to function efficiently. Some of these sections proposed for amendment include definitions, allowed uses, standards in the Old Town district, bikeways, sidewalks and parkways, parking and drive aisle standards, temporary use requirements, private street requirements, common open space and site amenity requirements, specific use standards, public hearing process, term of permits, alternative compliance, conditional uses, comprehensive plan amendments, and administrative design review. 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. Planning Department Staff is proposing to amend certain UDC sections as follows: Please see comments on right, for Staff's explanation of the proposed change 11-1A-1: DEFINITION OF TERMS: (BUSINESS CENTER: A neighborhood service area to meet the limited needs of residents running home occupations and/or telecommutina from home. ENTERTAINMENT, ADULT',: Adult entertainment shall be as defined in title 3t chapter 10 of this code and shall iinclude adult theaters, establishments with adult arcade machines, and sateger~-A adult stores, excluding adult stores having only a segment or section devoted to the sale or display of 1) stock or trade books magazines or films which are distin uished or characterized by their emphasis on matter depicting describin or COroment [ACl]: We are proposing [o allow business centers as a qualified amenity for subdivisions. J Comment [AC2]: We've had some confusion on this matter. This is a [empa'ary fix until the Legal Department can develop a new SOB ordinance. Planning Department 33 E. Broadway Avenue, Suite 210, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 relating to adult entertainment and/or 2) devices designed to stimulate sexual arousal by contact with the skin or orifices. theNence byOmore thanllOvN',: A fence that does restrict or impede vision or sight through enty percent (20%)e. 'PARK: A public or rivate open space that is primarily used for active recreation and community events. PROPERTY:'A fee-de#+e+t+e+~e# Lot or Parcel as herein defined. CONSTRUCTION SAND AND GRAVEL MINING (NAILS Code 212321): The use of a site for one or more of the following activities: (1) operating commercial grade (i.e., construction) sand and gravel pits (2) dredging for commercial grade sand and gravel; and 3 washin screenin or otherwise re arin commercial rade sand and ravel. '11-2A-2: ALLOWED USES: A. Permitted uses and accessory uses in residential districts shall be reviewed in accord with chapter 3, "Regulations Applying To All Districts", chapter 4, "Specific Use Standards", and chapter 5, "Administration", of this title. Anv 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 operatina or carrvinq on such use. Anv person establishing operating or carrvinq on any other permitted and/or accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing, operating or carrvinq on such use except that single family detached homes and secondary dwellings shall not require certificate of zonina 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 each and every applicable permit from the city. TABLE 11-2A-2: ALLIJWED USES IN RESIDENTIAL DISTRICTS: F~es~dept:iaE- Use R-2 R-4 R-8 R-15 R-40 Construction sand and Gravel mining C C C C C ~~ erse- ~ A- ,4- A- ,~ 11-2B-2: ALLOWED USES: A. Permitted uses and accessory uses in commercial districts shall be reviewed in accord with chapter 3, "Regulations Applying To All Districts", chapter 4, "Specific Use Standards", and chapter 5, "Administration", of this title. Anv 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. Anv person establishing operating or carrying on any other permitted and/or accessory use in a cormercial district shall obtain a certificate of zonina compliance 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 a licable ermit from the cit . TABLE 11-2B-2: ALLOWED USES IN COMMERCIAL DISTRICTS: COITIMCOt [AC3]: This cleans up an overlap with open vision fence at 20%. Page 3 Use C-N C-C C-G L-O M-E H-E Construction sand and gravel mining C C C C C C Tomr.~r-~r~i co i-~ f^r- ~ i'~ i-t- f't- ""' • ~b 11-2C-2: ALLOWED USES: A. Permitted uses and accessory uses in industrial districts shall be reviewed in accord with chapter 3, "Regulations Applying To All Districts", chapt~r_4, "Specific Use Standards", and chapter 5, "Administration", of this title. Any person establishing, operating or carrying on any permitted and/or accessory use in an industrial district shall obtain a certificate of zoning compliance 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. TABLE 11-2C-2: ALLOWED USES IN INDUSTRIAL DISTRICTS: Use I-L I-H Construction sand and gravel mining C P Ten}perse- ~ ~ ~~o .. _ 11-2D-2: ALLOWED USES: A. Permitted uses and accessory uses in traditional neighborhood districts shall be reviewed in accord with chapter 3, "Regulations Applying To All Districts", chapter 4, "Specific Use Standards", and chapter 5, "Administration", of this title. 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 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 and a violation of the unified development code for any person to conduct in a traditional neighborhood district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. TABLE 11-2D-2: ALLOWED USES IN TRADITIONAL NEIGHBORHOOD DISTRICTS: Use O-T TN-C TN-R ~! Construction sand and gravel mining C C C Tom.,.,r~r~, o ~ ~ i~ ~. ... ,..<.. a ... , ,.. `~ 11-2D-4: STANDARDS IN THE OLD TOWN DISTRICT (O-T): D Streetscape Improvements Streetscape improvements within the area bounded by Carlton Avenue E. Third Street Ada Street and Meridian Road shall be desi ned in Page 4 accord with the City of Meridian Downtown Streetscape Design Guidelines. 11-3A-5: BIKEWAYS: F~ Bikeways shall be constructed ~ , in accord with the city's comprehensive plan and the Ada County Highway District Master Street Map. r~ 11-3A-7 FENCES: 'FIGURE 1 -FENCE REGULATIONS (REPLACE DIAGRAM) / / / e ~ ` ' ~~ 6,~ rh ,~,~ .. ~~ 11-3A-17: SIDEWALKS AND PARKWAYS: C. Detached sidewalks shall be required along all arterial and collector streets. The director may waive this requirement to detach the sidewalk where: 1) there is an existing attached sidewalk; and/or 2) the sidewalk is less than three hundred (300) linear feet in length and between two (2) adjoining properties with attached sidewalks. The director may waive this requirement for a portion of the street frontage where there is a utility box mature tree or other impediment that prevents installation of a detached sidewalk. 11-3C-5: PARKING AND DRIVE AISLE STANDARDS FOR ALL OTHER USES NOT SPECIFIED: TABLE °~, ~-3C~5 REQUIRED STALL AND DRIVE AISLE DIMENSIONS`^nn-ru nnln I ~nl~TU Dv DADLIInI(_ nnl(_I C One-Way Two-Way Parking Angle Stall Width Stall Depth Drive Aisle Drive Aisle 0° (parallel) 9'0" 23'0" 12'0" 25'0" 45° 9'0" 19'0" 13'0" 25'0" 60° 9'0" 19'0" 17'0" 25'0" t;er accurate. We have removed it for v, and we recommend just keeping the ~prehensive plan reference. As part of plan update, we will be adding bons of the master street map and ~et typologies. This will address which COmm211t [C9]: This amendment allows utility boxes & meters to be located inside fence enclosure; utility companies do not require boxes & meters to be located outside fence enclosine. Comment [AC10]: This amendment facilitates review of fully developed or partially developed properties. Comment [ACll]: This amendment clarifies that drive aisle widths must be at least 20 feet. We generally rely on [he Fire Department standard, but we felt it would be best to reiterate it in the UDC. Page 5 90° 9'0" 19'0" 25'0" 25'0" Drive aisle only NA NA 12'0" 20'0" Notes: 1.Stalls designed for compact vehicles may be reduced in depth by 2 feet. 2. .The "drive aisle only" standards are for drive aisles that do not have any adjacent parking stalls. 11-3C-6: REQUIRED NUMBER OF OFF STREET PARKING SPACES: `TABLE 11-3C-6 REQUIRED PARKING SPAC ES FOR RESIDENTIAL USE Number Of Bedrooms Use And Form (Per Unit) Required Parking Spaces' Age restricted elderly 1 0.5 per bed housing (attached or detached)3 2+ 2 per dwelling unit; at least 1 in an enclosed garage, other space may be enclosed or a minimum 10 foot by 20 foot parking pad t,°'~•~^°^ ^ ^~' fez Dwelling, duplex and 1 2 per dwelling unit; at least 1 in an dwelling, single-family enclosed garage, other space may be (detached, attached, enclosed or a minimum '10 foot by 20 townhouse) foot parking pad fez 2/3/4 4 per dwelling unit; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum ^~ spa °°.~F 2810 foot by 20 foot parking pad ~~e2 5+ 6 per dwelling unit; at least 3 in an enclosed garage, other spaces shall may be enclosed or a minimum 10 foot by 20 foot parking pad aad-e2 1 well++t As set forth above for secondary Dwelling single-family dwellings as determined by , the total number of bedrooms on the property. fr..wsr€,. s ~~bs ~ >~*.z~~ ..max ,. . _ ~ _ „z .. u.:z: ,. ~ ~ ~ ~ ._. ~.~ ,~sr,~,.. iy~;3z2 Notes: COm01COt [AC12]: These changes make the standards consistent among different residential types and allow a bit more tlexibility in providing the parking pads. Page 6 1.The size of the garage or carport required for dwelling units shall be measured by exterior dimensions and shall be at least 10 feet by 20 feet fora 1 space garage or carport and 20 feet by 20 feet fora 2 space garage or carport. 2.The parking pad shall be measured from gauge-fase~e edge of sidewalk or edge of paved travel lane (public street, private street, or alley) where no sidewalk exists. ARTICLE E. TEMPORARY USE REQUIREMENTS', 11-3E-2: APPLICABILITY: The regulations of this article shall apply to all temporary uses in all districts~a+t#-fie uru-va~m~°c~.a °T. ~e-tit~e--~-- , 11-3E-3: PROCESS AND STANDARDS: may- See title 3 chapter 4 of this code for all a~+tie+~al procedures and standards. ARTICLE F. PRIVATE STREET REQUIREMENTS 11-3F-1: PURPOSE: The regulations of this article are intended to provide better circulation and safety within commercial, industrial, mew, a~ multi-family developments and gated residential developments by establishing a clear emergency vehicle travel lane and private street name addressing for properties that do not have internal public roads. It is not the intent to approve private streets for single-family, duplex and/or townhouse developments other than those that create a common mew through the site design or that propose a limited gated residential development. The applicability may be extended where the director or fire marshal determines that private streets will enhance the safety of the development. The fire marshal may require designation of a private street within existing developments where it is in the best interest of the public safety and health to be able to better locate a given property in the event of an emergency. 11-3F-3: PROCESS: 3. Create a perpetual ingress/egress easement or a single platted lot for the private street to all a~4+sable properties served by such private street; and 11-3F-4: STANDARDS: All private streets shall be designed and constructed to the following standards: A. Design Standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all a~4isable properties served by such private street. In instances where the subject property is being subdivided, the preference is that the private street be a lot within such subdivision. 2. Connection Point: The private street shall connect to a local or collector street. The private street shall not connect to an arterial street. Where the point of connection of the rivate street is to a ublic street, the rivate street connection shall be a roved b the posed amendments is ro clarify the cess for accessory uses and to address Gems related to "normal" constmctiot vities vs. those that become a de-fact ,istrial use. We have moved the bulk his section to Title 3 Chapter 4 under Outdoor sales and temporary uses tion. The proposed amendments are zd at [he end of this table. We have > fleshed out the allowed accessory s within the specific use standards for Comment [AC14]: Council requested that staff modify the code to allow limited gated communities while still providing appropriate connections to the community as set forth in the comprehensive plan and maintaining i appropriate access for the fire and police departments. Page 7 transportation authority. 4. Gates: Gates or other obstacles shall eet-be allowed.- subject to the following standards: a. The proposed development shall be for residential uses. b. The proposed development shall have no more than fiftv (50) dwelling units. c. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian Pathways Master Plan. e. The applicant shall provide access to the pate for emergency vehicles as determined_ and approved by the Meridian fire department and public works department. f. To allow sufficient stacking distance the gate shall be located a minimum of fifty (50) feet back from the ultimate edge of right of way to the connecting public street. 5. Cul-De-Sacs: No private street that ends in a cul-de-sac or a dead end shall be longer than four hundred fiftv feet (450'). 6. Common driveways: No common driveways shall be allowed off of a private street. 7. Street Network: The overall street network within the surrounding area shall allow for properties to connect at regular intervals in order to promote connected neighborhoods and traffic flow within the mile section. B. Construction Standards: 1. For conversion of an existing drive aisle facility to a private street at the direction of the fire marshal: 3. Alternative sCompliance: Upon recommendation of the city engineer and fire marshal, the director may approve, or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this article and shall not be detrimental to the public health, safety, and welfare. 4. Non-conforming Private Streets: Existing private streets that are not consistent with the standards as set forth in this section shall be deemed anon-conforming use. Applicants seeking to add additional lots and/or development accessing such private streets shall seek conditional use approval as set forth in 11-1 B-4A2 or improve the full length of the private street to meet the design and construction standards as set forth in this section. 11-3F-5: REQUIRED FINDINGS: In order to approve the application, the director shall find the following: D. The proposed residential development (if applicable) is a mew or gated development. ~4RTICLE G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS', 11-3G-3: STANDARDS: C. Qualified Site Amenities: Qualified site amenities shall include, but not be limited to, the following: 1. Quality of life amenities: Comment [ACTS]: The purpose of these atnendments are to I) encotrage developers to provide fiber optic services within developments; 2) allow business centers to meet needs of telecommuting workers and/or home occupations in the neighborhood; and 3) encourage dog facilities within neighborhoods. Page 8 e. Picnic area; er f. Additional five percent (5%) open space;.- q. Communication infrastructure meeting the following minimum standards: two (2) conduits running side-by side to and through the development; each conduit being two inches (2") in diameter. The applicant shall be eligible for a second amenity where one (1) such conduit includes a communication backbone with a minimum capacity equivalent to a thirty-six (36) strand single mode fiber optic cable h. Doq owner facilities meeting the following minimum standards: (1) dog washing station with drain to sanitary sewer system and trash receptacles and bags for dog waste disposal or (2) fencing to enclose a minimum of .75 acres of open space for an off-leash dog park and trash receptacles and bags for dog waste disposal. The open space shall count toward any required open space; or i. Neighborhood business center meeting the following standards: (1) The area devoted to the business center shall not exceed one-thousand (1,000) square feet. (2) The business center shall provide access to high speed Internet, fiber optic cable, or communication infrastructure and/or facilities with a minimum capacity equivalent to a thirty-six (36) strand single mode fiber optic cable. ~3) The business center shall at a minimum provide work spaces for three people, a meeting space for six people, and access to printing facilities. ~) The business center may be leased to a private entity for operation and maintenance however the property shall be owned by the owners association. (5) The business center operator may charge fees for use or membership, however members of the owners association should be given priority in use of the business center. _ I3. Pedestrian or bicycle circulation system amenities meeting the follawing requirementsa b. The system connects to existing or planned pedestrian or bicycle routes outside the development, as designated in the Meridian Ppathways Master Pplan; and c. The system is designed and constructed in accord with adopted city standards set 11-4-3-12: DWELLING, SECONDARY: E. Parking: Required parking for the property shall be as set forth in Tak~le 11-3C-6 for single-family dwellings as determined by the total number of bedrooms on the property. .,,+,+.+;,,., +„ +t,e .o .o~, .,.,r~,.,,, +„r +t,o o ~~+~., owe„+,~I , .,.+ The conversion of a covered parking area (garage/carport) into a secondary dwelling unit is not allowed unless the required severed parking can be provided elsewhere on site. 11-4-3-13: DWELLING, SINGLE-FAMILY: Only one single-family dwelling shall be allowed per property. Within the light industrial district a single family dwelling shall be allowed only as an accessory use for the purpose of a caretaker dwelling to monitor and/or manage a permitted or conditionally allowed use. 11-4-3-14: EDUCATION INSTITUTION: Comment [AC16]: These are just some clean up amendments I noticed. Comment [AC17]: The proposed text change does not represent a change in what is allowed for education institutions. It just pulls out and expounds upon lan~~tiage currently found in the temporary use section of the UDC. Page 9 A. Accessory uses: Accessory uses including, but not limited to, daycare facilities, special community events, community services, social services, curricular and extracurricular activities, meeting facilities for clubs and organizations, and school administration may be allowed. 1 Community events shall include but are not limited to, events organized by an association of persons for a social literary political educational or recreational purpose. Community events shall not include retail or other services that are customarily carried on as a business. 2. Curricular or extracurricular activities at a education institution shall include any sporting musical dramatic artistic fundraising or educational activities associated with an~,group association or classroom of said education facilities. Curricular or extracurricular activities shall not include retail or other services of businesses not directly associated with the education facility. 3 When conducted within an existing structure allowed accessory uses do not require a certificate of zoning compliance. 4 Uses not deemed as an accessory use by the director shall require approval as a principal permitted or conditional use consistent with this title or as a temporary use consistent with title 3, chapter 4 of this code. 11-5A-2: DUTIES AND AUTHORITY: B5. Conduct public hearings and make ~decislons and (recommendations based on the -- required findings and standards to the city council for applications in accord with table 11-5A-2 of this section. 11-5B-3: ANNEXATIONS AND REZONES: 11-5A-5: PUBLIC HEARING PROCESS: Size = six inches (6") Size = two inches (2") Size = one and one-half inches (1.5") CITY OF MERIDIAN PUBLIC HEARING NOTICE Meridian Planning and Zoning Commission THE CITY OF MERIDIAN will hold a public hearing on January 1, 2001, at 7:00 p.m. at the Meridian City Hall (33 E. lda#eBroadway). PURPOSE: Annexation and Zoning -You Name it Subdivision- Zoning R-4, Subdivision Preliminary Plat, 7.66 acres, 29 lots, single-family dwelling, 1 lot open space/drainage w/landscape entryway. PROPERTY LOCATION: SW corner of Ustick Rd. and Linder Rd. APPLICATION BY: John and Jane Doe Contact a City Planner at 884-5533 with any questions. 11-5B-3: ANNEXATIONS AND REZONES: ~D. Standardsa 2. The city may require a development agreement in conjunction with the annexation or COroment [AC20]: Council requested that staff make all approvals consistent. Staff proposes two years. Page 10 rezone pursuant to Idaho Code section 67-6511A. When required, said development agreement shall be signed by the property owner and returned to the city within two 2 eae years of the city council granting annexation and/or rezone. F. Development Agreement: 3. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the er'•e two 2 year approval period. 11-5B-5: ALTERNATIVE COMPLIANCE: TABLE 11-SB-5 ALTERNATIVE COMPLIANCE Height maximum in TN-C district 11-2D-4 11-56-6: CONDITIONAL USES: B. Applicability: The provisions of this section shall apply to: ~l. Site modification activities not deemed a temporary use as set forth in Title 3 section 3-4-3C9 of Meridian city code. E. Findings: The commission shall base its determination on the conditional use permit request upon the following: 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a~recedent for additional nonconforming uses within the area; and b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. 10. Additional findings for'construction sand and gravel mininq~: a. That the duration and intensity of the proposed mining activities are appropriately addressed in the conditions of approval; b. That the environmental impacts of the proposed mining activities are appropriately addressed in the conditions of approval including but not limited to dust, groundwater safety stormwater runoff, slope stability, and preservation of natural resources; c. That the noise impacts and hours of operation of the proposed mining activities are appropriately addressed in the conditions of approval; and d. That timing and responsible party of implementing approved reclamation plans are appropriately addressed in the conditions of approval. ~,F. Time Limitations And Extensionsa, 1. A conditional use permit, when granted, shall be valid for a maximum period of two 2 years a°^"+°°^ "Q` .°.^^+"° unless otherwise approved by the city. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. 2. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year °~^"+°°^ ~' °` ^,^^+" period. Comment [AC22]: This atnendment relates back to those proposed for temporary uses. Comment [AC23]: Scaff felt this section could benefit from having some direction on the purpose of the CU pennit. J Comment [AC24]: This also relates back to the temporary uses. Comment [AC25]: Council requested that all approvals move to a consistent time frame. Please note that phases aze still a[ one year. Page 1 1 3.' , 4. Upon written request and filing by the applicant prior to the termination of the period in accord with subsection F1 of this section, the director may authorize a single extension of time to commence the use not to exceed one two (2) year period. Additional time extensions up to two (2) years as determined and approved by the commission may be granted. With all extensions, the director or commission may require the conditional use comply with the current provisions of this chapter. ~11-5B-7: COMPREHENSIVE PLAN AMENDMENTS: ii C. Process: 4. Amendments to the text component of the plan may be submitted at any time. ~e . Amendments to the text of the comprehensive plan may be recommended by the commission consistent with section 11-5A-5 of this titlea~~y-t+~e. 54. The commission, prior to recommending the adoption, amendment, or repeal of the comprehensive plan to the council, shall conduct at least one public hearing in accordance with article A, "General Provisions", of this chapter and in accordance with the procedures in section 67-6509 of the Idaho Code. 11-5B-8: ADMINISTRATIVE DESIGN REVIEW: C. Process: 5. The administrative design review approval shall be exercised with the approval period of the underlying permit or the approval shall expire. For example, if the underlying permit is a conditional use permit, the design review approval will expire two (2) years ,."«°°., ~, Q` .~,^..«"~ after approval. 11-66-7: TERM OF PERMITS: I, __ A. 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 applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or epe-yea~e# the combined preliminary and final plat or short plat. B. Phased Development: In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and oonforms substantially to the approved preliminary plat, such segments, if signed by the city engineer within successive intervals of two (2) years ,may be considered for final approval without resubmission for preliminary plat approval. C. Authorize Extension: Upon written request and filing by the applicant prior to the termination of the period in accord with subsections A and B of this section, the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2) years °~^"«°°^'~ °` ^,^^«"° Additional time extensions up to two (2) years e'^"«°°^ ~' °` ^'^^«"° as determined and approved by the city council ma be ranted. With all extensions, the director or city council may re uire the Comment [AC26]: This is a hold over from when we had phased planned development applications approved as conditional uses. The current code establishes the conditional use iu the first phase. torment [AC27]: State code anged recently to allow comprehensive m map amendments at any time. Most inners in the Valley strongly opposed amendment and we were able to get state code to recognize that ~isdictions could limit changes to every months if they so desire. This iendment keeps the intent of our ginal amendment, but accommodates new state code in that they now erence that the Planning Commission ry "consider" projects every 6 months opposed to making a Comment [AC28]: Council requested that Staff' make all approvals the same lenbnh of time. Page 12 preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title.