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10-1463 City Code Amending Title 11 of MCC ZOACITY OF MERIDIAN ORDINANCE NO. ' BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11, Unified Development Code, of the Meridian City Code is amended to read as follows: 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 occuaationsand/or telecommuting from home. business centers as a qualified amenit 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 sex>~al 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 overlap with through the fence by more than twenty percent (20%)e open vision fence at 20%. 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. UL)C: 1 EXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 1 of 14 Section Text Reason for Change PROPERTY: ASee-de~itier~--ef Lot or Parcel as herein defined. Clarification CONSTRUCTION SAND AND GRAVEL MINING (NAILS Code 212321)• 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 carrvinG on a home occupation or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operatina, or carrying on such use Any person establishinq _ operating, or carrying on anv other permitted and/or accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishinq, 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 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. minina Tomnnrnni nc~e ~ ~ ~I ~ / ^ 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. ~ access©~ uses. person establishinq, operating, or carrying on a home occupation or family daycare in a commercial district shall obtain an accessory use permit prior to establishinq, operating, or carrying on such use. Any person establishinq _ operating, or carrying on anv other permitted and/or accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishinq, 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 an ermitted or accesso use unless such erson first UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 2 of 14 Section Text Reason for Change 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; Construction sand and gravel C C C C C C and remove temporary uses mining as an accessory use from the table lmm~nrnni ~~cn /~ f'Y' ~ A- /~ tr ~ /~ /-~ tr /~ A- . 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 Use I-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 & awe- ~ ,~ 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 operatina 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 UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 3 of 14 Section Text Reason for Change Use 0-T TN-C TN-R Include construction sand and gravel mining as a conditional Construction sand and gravel mining ( C ~ C C use in the Traditional Neighborhood districts; and T°m„„~.,„, „~e ~ ~ ~ ~ ~ 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 bounded by Carlton Avenue, E. Third Street Ada Street and Meridian Road Include streetscape improvements in the standards shall be designed in accord with the City of Meridian Downtown Streetscape for the Old Town district Desi n Guidelines. . 11-3A-5 BIKEWAYS Bikeways shall be constructed The reference to the Bicycle ~eqg, ~nnthin th„ r,,,,,; ,a9hror;;a~ro;~ "~at~eLTJGr7TGT7t, sensi~stent 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 Mag. ~ removed it for now, and we " recommend just keeping the comprehensive plan reference. As part of the plan update, we 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 FIGURE 1 -FENCE REGULATIONS (REPLACE DIAGRAM) This amendment allows utility boxes & meters to be located inside fence enclosure; utility companies do not require boxes & meters to be located outside / fence enclosure. 8 feet mezimum el (rant cetbeok e e 3 (set mexlmum closed vision 4 f l ee maximum open vision e in required frmt Wtl e 11-3A-17 SIDEWALKS AND PARKWAYS: A. All sidewalks around buildin s and servin ublic streets shall be a Clarifies applicability of UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 4 of 14 minimum of five feet (5') in width, except if detached sidewalks are provided on sidewalk standards. local ublic streets in residential subdivisions, the minimum sidewalk width may be reduced to four feet (4'). 11-3C-5 C. Detached sidewalks shall be required along all arterial and collector streets. The director may waive this requirement to detach the sidewalk where 11 there is an existing attached sidewalk and/or 21 the sidewalk is T"° r°n~~irnme~n# fnr less than three hundred (300) linear feet in length and between two (2) adjoining properties with attached sidewalks. The director may waive this reauirement 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 ublic 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 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. PARKING AND DRIVE AISLE STANDARDS FOR ALL OTHER USES NOT SPECIFIED: TABLE 11-3C-5 REQUIRED STALL AND DRIVE AISLE DIMENSIONS'"'""^,T,~AT:fl I CAIf`T4J DV DADIlIAIr` 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 All fiun u~nv `+rivn Miclnc c~h~+ll v°v n min'm ~m of 7f, fnn+ 'n 'rl+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 i elderly housing (attached or 2+ 2 per dwelling unit; at least 1 in detached)3 an enclosed garage, others ace This amendment facilitates review of fully developed or partially developed properties. 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. UDC, TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 5 of 14 i may be enclosed or a minimum 10 foot by 20 foot parking pad 2 Dwelling, duplex and dwelling, single-family (detached, .attached, 1 2 per dwelling unit; at least 1 in an enclosed garage, other space may be enclosed or a minimum 10 foot by 20 foot parking pad townhouse) 2/3/4 4 per dwelling unit; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum at4,w~+ ~ ~^^^^~ ~^?~^ - - -r.,..,... .. .y a X810 foot by 20 foot parking pad z 5+ 6 per dwelling unit; at least 3 in an enclosed garage, other spaces shall Abe enclosed or a minimum 10 foot by 20 foot parking pad -,o+,.,°°^ ~^^e~ ~^,+ 1 -~-per-~wellieg~nit As set forth Dwellin above for single-family dwellings g' secondary as determined by the total number of bedrooms on the rp opertY. Notes: 1.The size of the garage_or c by exterior dimensions and s arport required f hall be at least 1 or dwelling units shall be measured 0 feet by 20 feet fora 1 space garage or carport and 20 fee 2.The parking pad shall be m edge of paved travel lane (pu sidewalk exists. t by 20 feet fora easured from ge blic street, priva 2 space garage or carport. ~e~ase-te edge of sidewalk or te street, or alley) where no 11-3E TEMPORARY USE REQUIREMENTS 11-3E-2 APPLICABILITY: The regulations of this article shall apply to all temporary uses in all districts-~ +ho e.,,.o„+,,,„ +h.,+ +~ •~ M ,~.~ +-, + .• ~ ..~ ~ The purpose of the proposed amendment i t l if th ~ s s o c ar y e • process for accessory uses • and to address concerns " " related to normal . construction activities vs. > • those that become a de-facto ~ ~ ~ ~ ~ . they industrial use. We have moved the bulk of this section UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 6 of 14 „ ,,,,~;„e~~ to Title 3 Chapter 4 under the "'v~~~ ~ 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 additiegal procedures and standards. 11-3F PRIVATE STREET REQUIREMENTS PURPOSE: The regulations of this article are intended to provide better Council requested that staff 11-3F-1 circulation and safety within commercial, industrial, mew, aattmu/ti-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 maybe 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 STANDARDS: All private streets shall be designed and constructed to the 11-3F-4 following standards: A. Design Standards: 1. Easement: The private street shall be constructed on a perpetual ingresslegress easement or a single platted lot that provides access to all applisaf~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 co{tector 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 ro osed develo ment shall have no more than UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 7 of 14 fifty~501 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 sate for emeraency vehicles as determined and approved by the Meridian fire department and public works department. f. To allow sufficient stacking distance, the pate 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 (450'1. 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 andlor 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 asset 11-3F-5 REQUIRED FINDINGS: In order to approve the application, the director shall find the following: D The proposed residential development (if applicable) is a mew or gated development. UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 8 of 14 11-3G COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS f th STANDARDS: ese The purpose o 11-3G-3 qualified Site Amenities: Qualified site amenities shall include, but not C amendments are to 1) , be limited to, the following: encourage developers to Quality of life amenities: 1 provide fiber optic services . within developments; 2) allow e. Picnic area; er 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) ~~licant shall be eligible for a second amenity where one (11 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 dog 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. JJ The business center shall provide access to high speed Internet, fiber optic cable or communication infrastructure and/or facilities with a minimum capacity equivalent to a thirty-six (36) strand single mode fiber optic cable. (3) The business center shall at a minimum provide work spaces for three people a meeting space for six people and access to printing facilities. The business center may be leased to a private entity for operation and maintenance however the property shall be owned by the owners association. (51 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 cleanup requirements: amendments b. The system connects to existing or planned pedestrian or bicycle routes outside the development, as designated in the Meridian parrs depar~err~Ppathways Master Pplan; and c. The system is designed and cons~cted in accord with ado ted ci 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 propefir. 3C-6 above r~~~~+,~, ^+'~ The conversion of a covered arkin area ara a/ca ort into a UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - GUA I U-UUL Page 9 of 14 secondary dwelling unit is not allowed unless the required severed parking can be provided elsewhere on site. 11-4-3-13 DWELLING, SINGLE-FAMILY: Only one single-family dwelling shall be allowed per property. Within the light industrial district a single family dwelling shall be allowed only as an accessory use for the purpose of a caretaker dwelling to monitor and/or manage a ermitted or conditional/ allowed use. 11-4-3-14 EDUCATION INSTITUTION: A. Accessory uses: Accessory uses including, but not limited to, daycare The ro osed text chan e P p 9 does not represent a change facilities, spesia4 community events, community services, social services, 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 Communitv events shall include but are not limited to, events organized by pulls out & expounds upon uage currently found in the lan g an association of persons for a social literary political, educational or orary use section of the tem p recreational purpose. Communitv 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 anv sporting musical dramatic artistic fundraising or educational activities associated with anv 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 and/or 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: 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. tdaheBroadwa ). Size = PURPOSE: Annexation and Zoning -You Name it Subdivision- Zoning R-4, Subdivision one and one-half Preliminary Plat, 7.66 acres, 29 lots, single-family dwelling, 1 lot open space/drainage inches (1.5") w/landscape entryway. UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - GVH 1 U-UUG Page 10 of 14 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 The city may require a development agreement in conjunction with the 2 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 (2l 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 eae two (21 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 11-5B-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 Meradian 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 m~ireg: 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; UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 11 of 14 c That the noise impacts and hours of operation of the proposed mining activities are appropriately addressed in the conditions of approval; and d That timing and responsible party of implementing approved reclamation plans are appropriately addressed in the conditions of approval. F. Time Limitations And Extensions: 1. A conditional use permit, when granted, shall be valid for a maximum Council requested that all period of two (2) years ei^"+^"+°,er~t#s unless otherwise approved by approvals move to a the city. During this time, the applicant shall commence the use as Please consistent time frame 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 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 °~^"+°°^ ~1u\ m.,^~h period. 3• ~ This is a hold over from when • we had phased planned 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 ei^"+^"+°:,er~t# period. Additional time extensions up to two (2) years °;^"+°°^ ~,Q\ m°^fhc 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. 11-56-7 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 °~-°^~ ~:~ ~~\ mom. 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 tithe. 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 a~cco~e 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 0 osed to makin a UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 12 of 14 "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. example, if the underlying permit is a conditional use permit, the design review approval will expire two (2) years eig#+°°., /1 Al mnn+he 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 eee-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) years eight°°er>tbs, 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 °i^"+°°° ~, Q\ m^^+"~. Additional time extensions up to two 2 nears °inh+e~°n /1R\ 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 plat to comply with the current provisions of this title. Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 13 of 14 reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on ~J oye_nnhe „~- ~ 2010. PASSED by the City Council of the City of Meridian, Idaho, this ~ day of ~~m~~ ~ , 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~~~ ~ , 2010. APPROVED: ,s' TAMM ~ WEERD, MAYOR ATTEST: \\~~~~„~ ~, r~,,,,~,~,,,~ :,~•G,~~t OF MFR~d~~~. ~~'i JAYC . HOLMAN, CITY CLERK SEAL ,~ ~,. C' ~~ ,, O(INTY , ~~• UDC TEXT AMENDMENT ORDINANCE TO MODIFY AND CLEAN-UP CERTAIN SECTIONS - ZOA 10-002 Page 14 of 14 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10-~b~ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 11 OF THE MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinan ~v~ill~c~~ir,inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Ida ;,~"~his:~~~~shall become effective upon its passage and publication. U *~` '' .._ ~: =. v is . . ~°t :-~ °~ .e Mayor City cil ' ~ ``'~ ` ~ ~;~ ~ ' -~~c .- By: Jaycee Holman, City '1~~ ~ ,~-~y „ ®>~ :.:~:.3 First Reading: 1~S~~ev~nb~/ ~i cZ~=CC~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES ~'" NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- I b3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 10- 1 ~fo3 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of ~~~ , 2010. ~• l/~ William. L.M. Nar City Attorney