Staff ReportItem 4.D: Unified Development Code Text Amendment (ZOA-10-002)
Application:
- Zoning Ordinance Amendment (ZOA) to amend the text of the Unified Development Code (UDC).
Highlights of the Application: The purpose of the ZOA is to modify, clean up, and add specific sections to the
UDC that Staff believes will make implementation and use of the UDC more understandable and enforceable.
Pertinent changes to the UDC are as follows:
• Include construction & gravel mining in definitions and allowed use tables as a conditional use in all
residential, commercial, and traditional neighborhood districts and 1-L district; permitted use in I-H
district.
• Remove temporary uses as an accessory use from the table in all residential, commercial, industrial, &
traditional neighborhood districts.
• Include additional qualified site amenities for subdivisions to include small business centers and fibre
optic cable.
• Include streetscape improvements in the standards for the Old Town district.
• Amendment to fence regulations to allow for utility boxes & meters to be located inside fence
enclosures.
• Modify private street requirements to allow for limited gated residential developments with
development standards.
• Modify term of permits for consistency (the same length of time) per request of City Council.
Please see Section VII of the staff report for a co~r7plete list of the proposed UDC amendments.
Outstanding Issue(s) for Commission: None
Written Testimony: None
Staff Recommendation: Approval
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT
September 16, 2010
Planning & Zoning Commission
Sonya Watters, Associate City Planner
208-884-5533
~~Vl E IDR IAN;..,
~J
ZOA-10-002 -Unified Development Code Text Amendment
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, 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 zoning
ordinance amendment is to modify, clean up, and add specific sections to the UDC that Staff believes
will make implementation and use of the UDC more understandable and enforceable. Please see
Section VII below for a complete list of the proposed UDC amendments.
II. SUMMARY RECOMMENDATION
Staff is recommends approval of the proposed text amendments to the UDC based on the analysis
provided below and the Findings of Fact and Conclusions of Law listed in Exhibit B.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number ZOA-10-002 as presented in the staff report for the hearing date of
September 16, 2010 with the following modifications: (add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number ZOA-10-002 as presented during the hearing on September 16, 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-
002, to (insert specific hearing date), and direct staff to make the following changes: (insert comments
here.)
IV. APPLICATION FACTS
A. Site Address/Location: NA
B: Applicant:
City of Meridian Planning Department
33 E. Broadway Avenue, Ste. 210
Meridian, Idaho 83642
C. Applicant's Statement/Justification: Since its implementation on September 15, 2005, Staff has
requested several other amendments to the UDC. Staff continuously tracks the UDC in order to
identify issues that hinder the ability to efficiently and effectively administer the code. See
applicant's narrative for more information.
V. PROCESS FACTS
A. The subject application is for a Unified Development Code amendment as determined by City
Ordinance. By reason of 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: August 30, and September 13, 2010
C. A public service announcement was broadcast faxed on August 19, 2010 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)
The column marked "Reason for Change" indicates the intended purpose of the text amendment.
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
Staff has identified specific sections of the UDC that should be amended for the code to function
efficiently and to more appropriately meet the needs of our customers. Because we have bundled
many of the "clean up" amendments in this application, it affects numerous sections of the UDC:
Chapter 1 Article A: Definitions
Chapter 2 Article A: Residential Districts
Chapter 2 Article B: Commercial Districts
Chapter 2 Article C: Industrial Districts
Chapter 2 Article D: Traditional Neighborhood Districts
Chapter 3 Article A: Standard Regulations in all Districts
Chapter 3 Article C: Off Street Parking and Loading Requirements
Chapter 3 Article E: Temporary Use Requirements
Chapter 3 Article F: Private Street Requirements
Chapter 3 Article G: Common Open Space and Site Amenity Requirements
Chapter 4: Specific Use Standards
Chapter 5 Article A: General Provisions (Administration)
Chapter 5 Article B: Specific Provisions (Administration)
Chapter 6 Article B: Subdivision Process
Staff believes the changes proposed in this report represent changes that will make the
implementation and use of the UDC more understandable, equitable and enforceable. The Planning
Department Staff is proposing to amend certain UDC sections as follows:
(An explanation of the reason for the proposed change(s) is included in the far right column under
Reason for Change. In addition to the requested revisions to the UDC contained in the applicant's
narrative, staff recommends additional subsequent revisions as noted in bold text below.)
Section Text Reason for Change
11-1A-1 DEFINITION OF TERMS:
BUSINESS CENTER: A neighborhood service area to meet the limited needs of We are proposing to allow
residents running home occupations and/or telecommuting from home. business centers as a qualified
ameni for subdivisions.
ENTERTAINMENT, ADULT: Adult entertainment shall be as defined in title 3, We've had some confusion on
chapter 10 of this code and shall include adult theaters, establishments with this matter. This is a
adult arcade machines, and sateger~A adult stores, excluding adult stores temporary fix until the Legal
having only a segment or section devoted to the sale or display of 1) stock or Department can develop a
trade, books, magazines or films which are distinguished or characterized by new SOB (sexually oriented
their emphasis on matter depicting, describing, or relating to adult entertainment business) ordinance.
and/or 2) devices designed to stimulate sexual arousal by contact with the skin
or orifices.
FENCE, CLOSED VISION: A fence that does restrict or impede vision or sight This cleans up an overly p with
through the fence by more than twenty percent (20%)~ere. open vision fence at 20 /o.
PARK: A public or private open space that is primarily used for active recreation This clarification is currently in
and community events. the temporary use section, but
is not reflected in the
definition.
PROPERTY: A ~°~;n'en-sf Lot or Parcel as herein defined. Clarification
CONSTRUCTION SAND AND GRAVEL MINING (NAILS Code 2123211: The This is related to the changes
use of a site for one or more of the following activities: (1) operating commercial necessary to address
grade (i.e., construction) sand and gravel pits; (2) dredging for commercial grade construction activities that go
sand and gravel; and (3) washing, screening, or otherwise preparing commercial beyond typical and acceptable
grade sand and gravel. site preparation.
11-2A-2 ALLOWED USES:
A. Permitted uses and accessory uses in residential districts shall be reviewed in Clarify the necessary
accord with chapter 3, "Regulations Applying To All Districts", chapter 4, approvals for permitted and
"Specific Use Standards", and chapter 5, "Administration", of this title. ~ accessory uses.
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, operating, or carrying on such use. Any person establishing,
operating, or carrying on any other permitted and/or accessory use in a
residential 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 residential district any permitted or accessory use unless such
erson first obtains each and eve a licable ermit from the ci .
Table ALLOWED USES IN RESIDENTIAL DISTRICTS
11-2A-2
Section Text Reason for Change
__..~_.~_.. .. -- Include construction sand and
"°°`~^`~~ gravel mining as a conditional
_____~ ___~ _ ~_ ~- -~~--- ---~--- ~ ~ ~~--~--
Use R-2 R-4 R-8 R-15 R-40 use in all residential districts;
and remove temporary uses
as an accessory use from the
Construction sand and gravel C C ', C C C
- - - - - table.
mining
11-2B-2 ALLOWED USES:
A. Permitted uses and accessory uses in commercial districts shall be reviewed Clarify the necessary
in accord with chapter 3, "Regulations Applying To All Districts", chapter 4, approvals for permitted and
"Specific Use Standards", and chapter 5, "Administration", of this title. ~ accessory uses.
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. Any person establishing,
operating, or carrying on any other permitted and/or accessory use in a
commercial 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 a
commercial district any permitted or accessory use unless such person first
obtains each and eve a licable ermit from the ci .
Table ALLOWED USES IN COMMERCIAL DISTRICTS:
11-2B-2
.._ _ . __. _.__ .. _ ......_ ~ ~-.:.~ ~.- ...... Include construction sand and
Use C-N C-C ~ C-G L-0 M•E ' H•E gravel mining as a conditional
use in all commercial districts;
Construction sand and gravel C C C C C C and remove temporary uses
as an accessory use from the
mining table.
^ ^ ^ ^
T°mnnroni nn° '. 1'~ !'F- A- ! tY ° fY fY
11-2C-2 ALLOWED USES:
A. Permitted uses and accessory uses in industrial distracts shall be reviewed in Clarify the necessary
accord with chapter 3, "Regulations Applying To All Districts", chapter 4, approvals for permitted and
"Specific Use Standards", and chapter 5, "Administration", of this title. ~ accessory uses.
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 eve a licable ermit from the cit .
Table ALLOWED USES IN INDUSTRIAL DISTRICTS:
11-2C-2
--- - - - ---- Include construction sand and
Use I-L I-H
~ gravel mining as a conditional
Construction sand
and gravel mining C P use in the I-L distract &
Tmm~nr~ni ..en ~ ,~ , ~ permitted use in the I-H
district; and remove temporary
uses as an accessory use
from the table.
11-2D-2 ALLOWED USES:
A. Permitted uses and accessory uses in traditional neighborhood districts shall Clarify the necessary
be reviewed in accord with chapter 3, "Regulations Applying To All Districts", approvals for permitted and
chapter 4, "Specific Use Standards", and chapter 5, "Administration", of this title. accessory uses.
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 accessoryr 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 eve a licable ermit from the cit .
Table ALLOWED USES IN TRADITIONAL NEIGHBORHOOD DISTRICTS:
11-2D-2
-,-~-~ -~---- -- ~ ~-~~~~~~~~ ~ ~ ~~-- ~ ~ ~-~ ------~ Include construction sand and
Use 0-T ~ TN C TN-R gravel mining as a conditional
use in the Traditional
Construction sand and gravel mining C C C Neighborhood districts; and
remove temporary uses as an
Tmm~nroni , sec ~ t
accessory use from the table.
11-2D-4 STANDARDS IN THE OLD TOWN DISTRICT 0-T
D. Streetscape Improvements: Streetscape improvements within the area Include streetscape
bounded by Carlton Avenue, E. Third Street, Ada Street, and Meridian Road improvements in the standards
shall be designed in accord with the City of Meridian Downtown Streetscape for the Old Town distract.
Desi n Guidelines.
11-3A-5 BIKEWAYS
Bikeways shall be constructed The reference to the Bicycle
mss, , ^^n in Pedestrian Design Manual is
accord with the city's comprehensive plan and the Ada County Highway Distract no longer accurate. We have
Master Street Map, removed it for now, and we
" ' recommend just kee
in
the
g
p
com
rehensive
lan reference
p
p
.
desi~s: As part of the plan update, we
~"
,,~~
~~ons~i°
'iih~~~ „,,„,,e
oR~e°~n~
~ " will be adding portions of the
~
~
~
~
--~- master street map and street
' typologies. This will address
which streets should have on-
street bikeways
11-3A-7 FENCES
This amendment allows utility
FIGURE 1 -FENCE REGULATIONS (REPLACE DIAGRAM) boxes & meters to be located
inside fence enclosure; utility
companies do not require boxes
& meters to be located outside
/ fence enclosure.
8 feel maximum .~
na,t ¢.m.¢x
~•
~•
`
I •
~•
• 3feet me mcloseE W¢ion
a t
t
i
~
i
ea
mez
inum open
s
on
/ • m,ea~o-ee o-a,t m,e
~•
11-3A-17 SIDEWALKS AND PARKWAYS:
A. All sidewalks around buildings and serving public streets shall be a Clarifies applicability of
minimum of five feet (5') in width, except if detached sidewalks are provided on sidewalk standards.
.local public streets in residential subdivisions, the minimum sidewalk width may
be reduced to four feet (4').
C. Detached sidewalks shall be required along all arterial and collector streets. This amendment facilitates
The director may waive this requirement to detach the sidewalk where: 1) there
4 f
i
T" review of fully developed or
r°mnn
nr
° r°ntt
is an existing attached sidewalk; and/or 2) the sidewalk is
partially developed properties.
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.
D. Sidewalks shall be re uired on both sides of the ublic street, exce t 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 along private
streets in residential developments as set forth in article F, "Private Street
Requirements", of this chapter.
11-3C-5 PARKING AND DRIVE AISLE STANDARDS FOR ALL OTHER USES NOT
SPECIFIED:
TABLE 11-3C-5
REQUIRED STALL AND DRIVE AISLE DIMENSIONSB
I cnlr_TU rzv oeol~lnlr_ enlr_I G
11-3C-6
Parking Angle
Stall Width
Stall Depth One-Way
Drive Aisle Two-Way
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"
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 All fiun u~w rlrivc ~ieloe eh~ll ho ~ minimum n4 7L. fec+ in wirl+h. The "drive
aisle only" standards are for drive aisles that do not have any adjacent parking
stalls.
REQUIRED NUMBER OF OFF STREET PARKING SPACES:
Number Of
Bedrooms
Use And Form (Per Unit) ;Required Parking Spaces
Age restricted 1 ~ 0.5 per bed
elderly housing
(attached or 2+ '' 2 per dwelling unit; at least 1 in
detached)3 ' an enclosed garage, other space
may be enclosed or a minimum
10 foot by 20 foot parking pad
~!. hefiunnn nnnncc ~nr) n~r~ne2
Dwelling, duplex ' 1 ' 2 per dwelling unit; at least 1 in
and dwelling, an enclosed garage, other space
single-family 'may be enclosed or a minimum
(detached, '' 10 foot by 20 foot parking pad
attached, 2
townhouse) _
2/314 4 per dwelling unit; at least 2 in
an enclosed garage, other
spaces may be enclosed or a
~'.. minimum °+ lo~o+ 7 cn~nne heinn
a 2810 foot by 20 foot parking j
This amendment clarifies that
drive aisle widths must be at
least 20 feet. We generally rely
on the Fire Department
standard, but we felt it would
be best to reiterate it in the
UDC.
These changes make the
standards consistent among
different residential types and
allow a bit more flexibility in
providing the parking pads.
_..... _ .
pad hefiunon ~nnece ~nA n~r~neZ
i
5+ 6 per dwelling unit; at least 3 in
an enclosed garage, other
spaces s#all Abe enclosed or
a minimum 10 foot by 20 foot
'; parking pad
e2
1 ' "fig-wit As set forth
:above for single-family dwellings
Dwelling, ' as determined by the total
secondary ' '', number of bedrooms on the
rp operty.
Notes:
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 garage-#ase-te edge of sidewalk or
edge of paved travel lane (public street, private street, or alley) where no
sidewalk exists.
11-3E TEMPORARY USE REQUIREMENTS
11-3E-2 APPLICABILITY: The regulations of this article shall apply to all temporary uses The purpose of the proposed
in all districts-uii+" +he e.,,.e.,+i,,., +h,+ 4roilorc ~n'1 n4her nnnc4n ~n4inn roe,+e,+ amendments is to clarify the
'~6AR ~^+inn ei+~ nnmm~ ini4~i o..o..+~
ui
ment ~ssesia+~
e
~ ~h an
°'
+i` rocess for accesso
uses
p
q
,
-
~
. p
ry
and to address concerns
related to "normal"
er7~ in~4inn ine4i4i ~+inn eh~ll ho rlcemnr) ~nnoonnni i goon (~nmmi ~nifii o„e.,+~ ,re construction activities v
s.
those that become a de-f
t
ac
o
. ~#ey industrial use. We have
moved the bulk of this section
~~ ~ hi ~einoee to Title 3 Chapter 4 under the
Outdoor sales and temporary
uses section. The proposed
amendments are noted at the
end of this table. We have
also fleshed out the allowed
accessory uses within the
specific use standards for
education institutions in
Cha ter 4.
11-3E-3 PROCESS AND STANDARDS:
. See title 3, chapter 4 of
this code for all add+tiepal procedures and standards.
11-3F PRIVATE STREET REQUIREMENTS
11-3F-1 PURPOSE: The regulations of this article are intended to provide better Council requested that staff
circulation and safety within commercial, industrial, mew, ark multi-family modify the code to allow
developments and sated residential developments by establishing a clear limited gated communities
emergency vehicle travel lane and private street name addressing for properties while still providing appropriate
that do not have internal public roads. It is not the intent to approve private connections to the community
streets for single-family, duplex and/or townhouse developments other than as set forth in the
those that create a common mew through the site design or that propose a comprehensive plan and
limited gated residential development. The applicability may be extended where maintaining appropriate
the director or fire marshal determines that private streets will enhance the access for the fire and police
safety of the development. The fire marshal may require designation of a private departments.
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
rivate street to all ro erties served b such rivate 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 apptisaffle 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 private
street is to a public street, the private street connection shall
be approved by the transportation authority.
4. Gates: Gates or other obstacles shall asi:-be allowed.- subiect
to the following standards:
a. The proposed development shall be for residential
uses.
b. The proposed development shall have no more than
fifty (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 gate for
emergency vehicles as determined and approved by
the Meridian fire department and public works
department.
f. To allow sufficient stackin distance the ate 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 fifty 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 bedeemed 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
develo merit.
11-3G COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS
11-3G-3 STANDARDS: The purpose of these
C. Qualified Site Amenities: Qualified site amenities shall include, but not amendments are to 1)
be limited to, the following: encourage developers to
1. Quality of life amenities: provide fiber optic services
e. Picnic area; of within developments; 2) allow
business centers to meet
f. Additional five percent (5%) open spacei: needs of telecommuting
g. Communication infrastructure meeting the following minimum workers and/or home
standards: two (2) conduits running side-by side to and through the occupations in the
development; each conduit being two inches (2") in diameter. The neighborhood; and 3)
applicant shall be eligible for a second amenity where one (1) such encourage dog facilities within
conduit includes a communication backbone with a minimum capacity neighborhoods.
equivalent to a thirty-six (36) strand single mode fiber optic cable;
h. Dog owner facilities meeting the following minimum standards: (1) dog
washing station with drain to sanitary sewer system and trash
receptacles and baps for dog waste disposal; or (2) fencing to enclose a
minimum of .75 acres of open space for an off-leash doA park and trash
receptacles and baps 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 intemet, 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 panting facilities.
(4~ The business center may be leased to a pavate 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.
3. Pedestrian or bicycle circulation system amenities meeting the following These are just some clean up
requirements: amendments
b. The system connects to existing or planned pedestaan or bicycle
routes outside the development, as designated in the Meridian ffa~s
depar#~ent-Pffathways Master Pfflan; and
c. The system is designed and constructed in accord with adopted city standards
11-4-3-12 DWELLING, SECONDARY:
E. Parking: Required parking for the property shall be as set forth in Table 11- Change is consistent with
3C-6 for single-family dwellings, as detem~ined by the total number of bedrooms proposed change to UDC 11-
on the property.
c°nnnrl~ni 'I,unllinn „ni4 in ~rle~lifinn fn 4hn rnnnirn~ n~rLinn far 4hn cvic4inn 3C-6 above
r°cifl,~ The conversion of a covered parking area (garage/carport) into a
seconda dwellin unit is not allowed unless the re uired seveFed arkin 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
ermitted or conditional) allowed use.
11-4-3-14 EDUCATION INSTITUTION:
A. Accessory uses: Accessory uses including, but not limited to, daycare The proposed text change
facilities, ~eeial community events, community services, social services, does not represent a change
curricular and extracurricular activities, meeting facilities for clubs and in what is allowed for
organizations, and school administration may be allowed. education institutions. Itjust
1. Community events shall include, but are not limited to, events organized by Pulls out & expounds upon
an association of persons for a social, literary, political, educational or language currently found in the
recreational purpose. Community events shall not include retail or other services temporary use section of the
that are customarily carried on as a business. UDC.
2. Curricular or extracurricular activities at a education institution shall include
any sporting, musical, dramatic, artistic, fundraising or educational activities
associated with any 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 decisions and recommendations based Other code in this section
on the required findings and standards to the city council for applications in makes it clear that the
accord with table 11-5A-2 of this section. Planning and Zoning
Commission does make
decisions on some
applications, but this further
clarifies the issue.
11-5A-5 PUBLIC HEARING PROCESS: Change reflects new address
Size = CITY OF MERIDIAN PUBLIC HEARING NOTICE
six inches (6") Meridian Planning and Zoning Commission
Size = THE CITY OF MERIDIAN will hold a public hearing on
two inches (2") January 1, 2001, at 7:00 p.m. at the Meridian City Hall
(33 E. JdafaeBroadway).
PURPOSE: Annexation and Zoning -You Name it Subdivision- Zoning R-4, Subdivision
Size = Preliminary Plat, 7.66 acres, 29 lots, single-family dwelling, 1 lot open space/drainage
one and one-half w/landscape entryway.
inches (1.5")
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. Standards: Council requested that staff
2. The city may require a development agreement in conjunction with the make all approvals consistent.
annexation or rezone pursuant to Idaho Code section 67-6511A. When Staff proposes two years.
required, said development agreement shall be signed by the property
owner and returned to the city within two 2 ene 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 e-ae two 2 year approval period.
11-5B-5 ALTERNATIVE COMPLIANCE:
TABLE 11-5B-5 This makes it consistent with
ALTERNATIVE COMPLIANCE existing text in Chapter 2.
Height maximum in TN-C distract 11-2D-4
11-5B-6 CONDITIONAL USES:
B. Applicability: The provisions of this section shall apply to:
4. Site modification activities not deemed a temporary use as set forth in Title 3 This amendment relates back
section 3-4-3C9 of Meridian city code. to those proposed for
E. Findings: The commission shall base its determination on the conditional use temporary uses.
permit request upon the following:
9. Additional findings for the alteration or extension of a nonconforming use: Staff felt this section could
a. That the proposed nonconforming use does not encourage or set a precedent benefit from having some
for additional nonconforming uses within the area; and direction on the purpose of the
CU permit.
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 mining: This. also relates back to the
a. That the duration and intensity of the proposed mining activities are temporary uses.
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 patty of implementing approved reclamation
plans are appropriately addressed in the conditions of approval.
F. Time Limitations And Extensions:
1. A conditional use permit, when granted, shall be valid for a maximum Council requested that all
period of two (2) vears °inh4nnn /1 Q1 mnn+he unless otherwise approved by approvals move to a
the city. During this time, the applicant shall commence the use as consistent time frame. Please
permitted in accord with the conditions of approval, satisfy the requirements note that phases are still at
set forth in the conditions of approval, and acquire building permits and one year.
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 ear °inh+°°^ /1 S21 mnn4h
period.
'3 Cnr nrni°ntc wi#h mul4inl° nh~e°e 4hn ninh#nnn /1 Q1 mnnlh it°~rllin° ch~~~ This is a hold over from when
a
h
~e-the ~rst
hase
~ +~~:e„t '"
~~~e~
~;t~
~
iR we had phased planned
pp
;
--ff
-
-~,
~
,
-
c~~nn°cci„° nnn4in~~nnn o°nm°n4c nr multinln nh~c°c cnnh nhx°c ~h,u h° development applications
approved as conditional uses.
The current code establishes
the conditional use in the first
4. Upon written request and filing by the applicant prior to the termination of the Phase.
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 ear
°inh4°°n ~, a. mnn4h period. Additional time extensions up to two (2) vears
°inh4°°n /1 Q1 mnn4hc~ as determined and approved by the commission may be
granted. With all extensions, the director or commission may require the
conditional use com I with the current rovisions of this cha ter.
11-5B-7 COMPREHENSIVE PLAN AMENDMENTS:
C. Process: State code changed recently
4. Amendments to the text component of the plan may be submitted at any to allow comprehensive plan
time. map amendments at any time.
Most planners in the Valley
°~~°^mer~##s. Amendments to the text of the comprehensive plan strongly opposed the
may be recommended by the commission consistent with section 11-5A-5 amendment and we were able
of this title. to get the state code to
recognize that jurisdictions
54. The commission, prior to recommending the adoption, amendment, or could limit changes to every
repeal of the comprehensive plan to the council, shall conduct at least one six months if they so desire.
public hearing in accordance with article A, "General Provisions", of this This amendment keeps the
chapter and in accordance with the procedures in section 67-6509 of the intent of our original
Idaho Code. amendment, but
accommodates the new state
code in that they now
reference that the Planning
Commission may "consider"
projects every 6 months as
opposed to making a
"recommendation" every 6
months.
11-56-8 ADMINISTRATIVE DESIGN REVIEW:
C. Process: Council requested that Staff
5. The administrative design review approval shall be exercised with the make all approvals the same
approval period of the underlying permit or the approval shall expire. For length of time.
exam le, if the under) in ermit is a conditional use ermit, the desi n review
approval will expire two (2) years °~^"+°°n /4 A~ mnn+hc after approval.
11-6B-7 TERM OF PERMITS:
A. Failure To Submit Final Plat: Approval of a preliminary plat, combined Council requested that Staff
preliminary and final plat, or short plat shall become null and void if the make all approvals the same
applicant fails to obtain the city engineer's signature on the final plat length of time.
within two (2) years of the approval of the preliminary plat or eae-yeas
of 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 conforms substantially to the approved
preliminary plat, such segments, if signed by the city engineer within
successive intervals of two (2) years °1nh+°°n /1 Al mnn+he 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 ears °'^"+°°^ ~,Q` m^^+"°. Additional time extensions up to two 2
years p1nh+°°n ~~Q~ mnn}he as determined and approved by the city
council may be granted. With all extensions, the director or city council
may require the preliminary plat, combined preliminary and final plat or
short lat to com I with the current rovisions of this title.
VIII. EXHIBIT
A. Required Findings from the Unified Development Code
Exhibit A -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;
Staff 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
Staff finds 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.
Staff 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.