PZ Recs / Staff ReportSTAFF REPORT
HEARING DATE: October 26, 2010
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
E IDIAN~--
IDAHO
SUBJECT: 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.
The Meridian Planning & Zoning Commission heard this item on September 16, 2010. At the
public hearing they moved to recommend approval of the subiect ZOA request.
a. Summary of Commission Public Hearing:
i. In favor: Planning Department
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Pete Friedman
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. Discussion pertaining to changes to the definition of adult entertainment.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. Staff has included a minor change to the text in UDC 11-4-3-14A.3 that came to light
when we discussed the recent portable classroom revisions approved by Council last
month (changes noted in bold).
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number ZOA-10-
002 as presented in the staff report for the hearing date of October 26, 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-10-002
as presented during the hearing on October 26, 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 (Commission);
October 4, and 18, 2010 (City Council)
C. A public service announcement was broadcast faxed on August 19, 2010 (Commission) and
September 29, 2010 (City Council) regarding this application.
VL 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
ubdivisions
r
i f
.
amen
o
s
ADULT: Adult entertainment shall be as defined in title 3,
ENTERTAINMENT We've had some confusion on
,
chapter 10 of this code and shall include adult theaters, establishments with this matter. This is a
temporary fix until the Legal
adult arcade machines, and satege~~A adult stores, excluding adult stores Department can develop a
having only a segment or section devoted to the sale or display of 1) stock or d
new SOB (sexually oriente
trade books magazines or films which are distinguished or characterized by
business) ordinance.
their emphasis on matter depicting describing, or relating to adult entertainment
and/or 2) devices designed to stimulate sexual arousal by contact with the skin
or orifices.
CLOSED VISION: A fence that does restrict or impede vision or sight
FENCE This cleans up an overly p with
,
through the fence by more than twenty percent (20%)~ere. open vision fence at 20 /°.
PARK: A public or private open space that is primarily used for active recreation This clarification is currently in
the temporary use section, but
and community events. is not reflected in the
definition.
PROPERTY: A c°~-d°'~;n;tioH-ef Lot or Parcel as herein defined. Clarification
CONSTRUCTION SAND AND GRAVEL MINING (NAILS Code 212321): The This is related to the changes
necessary to address
use of a site for one or more of the following activities: (1) operating commercial
construction activities that go
grade (i.e. construction) sand and gravel pits; (2) dredging for commercial grade
beyond typical and acceptable
sand and gravel• and (3) washing screening or otherwise preparing commercial
site preparation.
grade sand and gravel.
Section Text Reason for Change
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 caminq 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
Include construction sand and
----
Vii-
~ 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.
minin
Tomnmm~i „ec
~
~
~
~
~
~
~
~
~-
11-26-2 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
---- -- ---- ---
Use
C-N -----
C-C ----
C-G
L-0 ` --
M-E
H-E Include construction sand and
gravel mining as a conditional
use in all commercial districts;
" (~
~~" C
~ C
~ C and remove temporary uses
Construction sand and gravel CC
- I C
- C
~ - as an accessory use from the
table.
Section Text Reason for Change
Tomnnr~ni uec I ~ ( ~ I ~ ~~ ~ ~-
11-2C-2 ALLOWED USES:
A. Permitted uses and accessory uses in industrial 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 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
~~Use _ ~1-L I-H Include construction sand and
gravel mining as a conditional
Construction sand and gravel mining ~ C ~ P use in the I-L district &
~.~~-- (~ ~ 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.
Anv 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. Anv 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 eve a licable ermit from the cit .
Table ALLOWED USES IN TRADITIONAL NEIGHBORHOOD DISTRICTS:
11-2D-2
- ction sand and
tr
l
I
d
---- -T -
-
,---
Use ~
0-T
-
TN-C
TN-R
nc
u
e cons
u
gravel mining as a conditional
l
Construction sand and gravel mining ( C ~ C C use in the Traditiona
Neighborhood districts; and
r- - remove temporary uses as an
~-~~ *~ *~ '~ 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 desi ned in accord with the Ci of Meridian Downtown Streetsca a for the Old Town district.
Section Text Reason for Change
Desi n Guidelines.
11-3A-5 BIKEWAYS
Bikeways shall be constructed The reference to the Bicycle
~e~, ~ , sensister~t in Pedestrian Design Manual is
accord with the city's comprehensive plan and the Ada County Highway District no longer accurate. We have
Master Street Map. removed it for now, and we
~~ recommend just keeping the
.
comprehensive plan reference.
As part of the plan update, we
s-sfaall-fie
o^~ire°~Qik~a
+
ith }"
~^~i~
'
aa
;
r
a o will be adding portions of the
y
-~w~r
-P
.
,
er~s
~
~
w master street map and street
typologies. This will address
which streets should have on-
streetbikeways
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.
e,ee, m..imum.,
front setback
/ 3fest maximum closed NSion
n Naion
<f
t
i
m ope
ee
max
N required (rant yard
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 l
d
f f
ll
d
i
4 f
i
T" or
eve
ope
ew o
u
y
rev
nr
r°m°n
° r°ni'
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 required on both sides of the public 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 ma be allowed. Sidewalks shall not be re uired alon rivate
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 DIMENSIONS~B~I-ANB
I CAI(_T4.1 RV DADIIIAI(_ AAI(_I C
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. 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 ~ 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
hofiunnn ~nncee ~n17 n~r~n 2
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, z
townhouse)
2/314 4 per dwelling unit; at least 2 in
an enclosed garage, other
spaces may be enclosed or a
minimum ~+ le..~+ ~ ~...,,.o~ tie,.,,.
a ~A10 foot by 20 foot parking
pad 2
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.
5+ 6 per dwelling unit; at least 3 in
an enclosed garage, other
spaces salt Abe enclosed or
a minimum 10 foot by 20 foot
parking pad
e2
1 a-peg-dweNiag-ua+t As set forth
. above for single-family dwellings
Dwelling,
secondary as determined by the total
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 car ort.
2.The parking pad shall be measured from e~ase~e 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 district amendments is to clarify the
' rocess for accesso
uses
p
ry
' and to address concerns
related to "normal"
construction activities vs
.
those that become a de-facto
' , ' . ~qey industrial use. We have
moved the bulk of this section
as-~-~sieess: See ' ~ ^' +"~° ^^~'° +^~ °"^~•~°~' ^^^°°°^^~ ~ ~^°^ °^~' 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 addit+eaat 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, aradmultj-family modify the code to allow
developments and gated 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 ernes 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 apptisaf~le 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 Abe allowed: subject
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 (21 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 stackin distance the ate shall
be located a minimum of fiftv (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 mice 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 ment.
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
within developments; 2) allow
e. Picnic area; sr business centers to meet
f. Additional five percent (5%) open space;: needs of telecommuting
a. Communication infrastructure meeting the following minimum workers and/or home
standards: two (2) conduits running side-bv 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) doa
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 dog park and trash
receptacles and baps for doa waste disposal. The open space shall
count toward anV 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
X1,000) 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 printing facilities.
(4) The business center may be leased to a private entity for operation and
maintenance, however the property shall be owned by the owners
association.
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 pedestrian or bicycle
routes outside the development, as designated in the Meridian ffarks
depar#feer-~Pffathways Master Pplan; 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 determined by the total number of bedrooms proposed change to UDC 11-
on the property. °:;rlea~; ^~ ~h^~~ he ^r^"i,+e,+ n^ ei+n fnr +h 3C-6 above
roeir+o^I~r The conversion of a covered parking area (garage/carport) into a
seconda dwellin unit is not allowed unless the re uired severed 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, special communi 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. It just
1. Community events shall include, but are not limited to, events organized by Pulls out & expounds upon
language currently found in the
an association of persons for a social, literary, political, educational or
temporary use section of the
recreational purpose. Community events shall not include retail or other services
UDC.
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 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 and site modifications are not
proposed andlor required 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:
65. 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. ldaheBroadway).
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 epe 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 eFle two 2 year approval period.
11-56-5 ALTERNATIVE COMPLIANCE:
TABLE 11-5B-5 This makes it consistent with
ALTERNATIVE COMPLIANCE existing text in Chapter 2.
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11-56-6 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 pafir 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
period of two (21 nears eig~teeer~s unless otherwise approved by Council requested that all
the city. During this time, the applicant shall commence the use as approvals move to a
permitted in accord with the conditions of approval, satisfy the requirements consistent time frame. Please
set forth in the conditions of approval, and acquire building permits and note that phases are still at
commence construction of permanent footings or structures on or in the one year.
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 °~nh+°°n /, u\ mnn+h
period.
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4. Upon written request and filing by the applicant prior to the termination of the the conditional use in the first
period in accord with subsection F1 of this section, the director may authorize a phase.
single extension of time to commence the use not to exceed one two 2 ear
°inh+°°n /, a\ .nnn+h period. Additional time extensions up to two (2) years
°inh+nnn /1 Q\ mnn+hc 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
map amendments at any time.
time. Most planners in the Valley
°~~°^~ °~~ /~\ ^'^^+h~. Amendments to the text of the comprehensive plan strongly opposed the
amendment and we were able
may be recommended by the commission consistent with section 11-5A-5 to get the state code to
of this title. 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) nears °~^"}°°^ ~1 Q\ mnn}ham after approval.
11-66-7 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 sne-year
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) nears °~^"}°°^ ~~ a\ 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 °~^"}°°^ ~' °1 m^^}"°. Additional time extensions up to two 2
nears p1nh}°°n /4u\ mnn}hc 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;
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.