Loading...
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. _-. -- _ - _ Height maximum in TN-C distract 11-2D-4 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. Gnr nrninn+c wi+h mnl+inln nh~cne +h° °inh+°°n /1 Q1 mnn+h rf°7t~l;n°_ch^II '3 . r ~~, +n +h° fire4 nhn~ In +h° n"nn+ +h ~+ +h° rln"nlnnm°n+ ;~ .+.°,+ a hold over from when Thi i s s eunnncci"n nnn+innnnc conm°n+c nr mnn+in~n nh~o°c ei~nh nh~e°e eh~ll h° h hased lanned d p we a p ti n l t li d eve opmen app ca o s y~nrn„~~ ~4 +h° o~~nn°cei„n nh~e°e ~r° nn+ cid+m;++°rl u,i+hin +h° ^nn "n~r v d as conditional uses `"Y . appro e bli Th t d t h , e curren co e es a s es 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.