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Staff ReportSTAFF REPORT HEARING DATE: TO: FROM: SUBJECT: March 3, 2011 Planning & Zoning Commission Sonya Watters, Associate City Planner 208-884-5533 ~~Vl E IDIAN~., ZOA-11-001 -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 certain sections of the Unified Development Code (IJDC). The purpose of the zoning ordinance amendment is to modify, clean up, and add specific sections to the UDC that Staff believes will make implementation and use of the UDC more understandable and enforceable. Please see Section VII below for a complete list of the proposed UDC amendments. II. SUMMARY RECOMMENDATION Staff is recommends approval of the proposed text amendments to the UDC based on the analysis provided below and the Findings of Fact and Conclusions of Law listed in Exhibit B. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number ZOA-11-001 as presented in the staff report for the hearing date of March 3, 2011 with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number ZOA-11-001 as presented during the hearing on March 3, 2011 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- 003, 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 requests 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: February 14, and 28, 2011 C. A public service announcement was broadcast faxed on February 11, 2011 regarding this application. VI. COMPREHENSIVE PLAN POLICIES AND GOALS The City's Comprehensive Plan is a vision and policy document for guiding development and the transportation needs in the City of Meridian. Staff finds that the subject Unified Development Code Amendment complies with and furthers the goals and objectives of the 2002 Comprehensive Plan. The specific objectives and actions that support the proposed amendment are listed below: • "Amend the zoning ordinance and map to implement the provisions of this plan" (referring to comprehensive plan). (Chapter VII, Goal II, Objective A, Action 5, page 111) • "Eliminate vague/unclear standards in development ordinances." (Chapter VIT, 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 as follows: Chapter 1 Article A: Definitions Chapter 2 Article A: Residential 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 B: Landscape Requirements Chapter 3 Article G: Common Open Space and Site Amenity Requirements Chapter 3 Article H: Development along Federal and State Highways 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 proposes to amend certain UDC sections as follows: Section Text Reason for Change 11-1A DEFINITIONS 11-1A-1 DEFINITIONS OF TERMS: Storage Facilities Outdoor: The use of a site where equipment, inventory, Clean-up/clarifications supplies, or other similar items are stored outside, including a building with a Variance applicability section roof but without walls completely enclosing the building. only references certain Variance: A relief from certain ~~ standards as allewre development standards, not all "Arlminie}r~}inn° set forth in section 11-56-4B of this title and as enabled by standards. Idaho Code section 67-6516. 11-2A RESIDENTIAL DISTRICTS 11-2A-1 PURPOSE: Clean-up: Not needed -11-3A- The purpose of the residential districts is to provide for a range of housing 21 C requires all development opportunities consistent with the Meridian comprehensive plan. Gsr~estier~te to connect to City water and sewer systems.) tt+strist~ Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the 0-T, TN-C, and TN-R districts as set forth in article D of this cha ter. 11-2A-2 Permitted uses and accessory uses in residential districts shall be reviewed in Clarifies that homes are accord with chapter 3, "Regulations Applying To All Districts", chapter 4, reviewed as part of the "Specific Use Standards", and chapter 5, "Administration", of this title e, xcept building permit process rather that single family detached homes and secondary dwellings shall be reviewed in than a CZC. accord with the standards established in Title 10, Meridian City Code. Any person establishing, operating, or carrying on a home occupation or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such erson first obtains each and eve a licable ermit from the ci . 11-2C INDUSTRIAL DISTRICTS 11-2C-2 ALLOWED USES: Allows for caretaker dwellings A. Permitted uses and accessory uses in industrial districts shall be reviewed in in industrial districts. accord with chapter 3, "Regulations Applying To All Districts", chapter 4, "Specific Use Standards", and chapter 5, "Administration", of this title. Any person establishing, operating or carrying on any permitted and/or accessory use in an industrial distract, including a single family detached dwelling used as a caretaker dwelling, 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 . 11-2D TRADITIONAL NEIGHBORHOOD DISTRICTS Section Text Reason for Change 11-2D-2 ALLOWED USES: A. Permitted uses and accessory uses in traditional neighborhood districts shall Clarifies that homes are be reviewed in accord with chapter 3, Regulations Applying To All Districts ~ reviewed as part of the chapter 4, Specific Use Standards ,and chapter 5, Administration , of this titles building permit process rather except that single family detached homes and secondary dwellings shall be than a CZC. reviewed in accord with the standards established in Title 10, Meridian City Code. Any person establishing, operating, or carrying on a home occupation or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a traditional neighborhood district any permitted or accessory use unless such person first obtains each and eve a licable ermit from the cit . 11-3A STANDARD REGULATIONS IN ALL DISTRICTS 11-3A-11 Outdoor Lighting: A.1. Light fixtures that have a maximum output of less than ~+re-kx~~#~ This is a more realistic one thousand eight hundred (1,800) lumens. standard since 1,800 lumens is closely equivalent to a 100 C ,. ~ ;,,~+ f„+„re~ ++,.,+ h,„e ., ,,,,+.,,,+ „f +,.,,, ~,,.,,+re,+ ~,,,+„ ~~~r-~ watt light bulb ~1_ Light fixtures that have a maximum output of one thousand eight hundred (1,800) lumens or more shall have an opaque top.. . Re-number 4.2. Light fixtures that have a maximum output of one thousand eight hundred (1,800) lumens or more shall be placed such that the effective zone of light .. . 11-36 LANDSCAPING REQUIREMENTS 11-36-11 STORMWATER INTEGRATION C. Standards: 3. Gravel, rock, sand, or cobble stormwater facilities are not permitted The proposed code exceptions on the surface of required landscape areas, unless designed as a in this section are provided at dry creek bed or other design feature, except this standard may be the request of ACHD. waived by city council for ACHD stormwater facilities that are not within a right of way. 6. Slopes shall be less than or equal to three to one (3:1) (horizontal:vertical) for accessibility and maintenance, except this standard may be waived by city council for ACRD stormwater facilities that are not within a ri ht of wa . 11-3G COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS 11-3G-3 STANDARDS: Limits credit for street buffers to the lar er ones re uired on Section Text Reason for Change B. Qualified Open Space: The following may qualify to meet the common open arterial roadways. As currently space requirements: written it would allow local 3. The full area of the landscape buffer area along collector streets may and/or collector buffers to count toward the ~e-inst~ed--+n required common open space #er roeirlcn+i~l ni ~hrli~iieinne count as well. 4. Fifty percent (50%) of the landscape buffer along arterial streets A ~~ tiu++nr wi+h ~ minimum of for fnn+ /1l1~1 in wirr+h ~n`I c+rno+ +rnnc u i Streets"-~",is-G<",apter may count toward the required common open space ° 11-3H-4C Design and construction standards for state highways: Add specific standards for 3. Along State Highway 55, the applicant shall be responsible for constructing ' pathway lighting. a ten-foot (10 ) wide multiuse pathway with a public use easement and installing streetl~#ts pedestrian lighting and landscaping consistent with the Eagle Road corridor study. For uniformity in lightinq levels and design, lightinq along the pathway shall meet the following specifications: a. Post & luminaires Historical type per Meridian City standard specifications, except height shall be fourteen feet (14'). b. Spacing: one (1) light pole per ninety-five linear feet (95') of street frontage c. Light source: one hundred fifty (150) watt high pressure sodium, photocell controlled d. Optics: shielded and Illuminating Engineering Society (IES) Type III with full cut-off optics e. Pathway lightinq shall not take the place of required safety lightinq at adjacent roadway intersections. f. Other lightinq options may be approved by the Director through the alternative compliance procedures set forth in chapter 5, "Administration", of this title. 11-4-3 SPECIFIC USE STANDARDS 11-4-3-9 DAYCARE FACILITY: Change is consistent with State licensing requirements A. General standards for all child daycare and adult care uses, including the classifications ofdaycare center; daycare, family; and daycare, group: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. In determining the type ofdaycare facility, the total number of clients cared for during the day including the operator's children, and not the number of clients at the facility atone time, is the determining factor. ~a r+u~e~ 11-4-3-11 DRIVE-THROUGH ESTABLISHMENT: er +rnm +hn +rnn rFn+inn n~~+hnrifii inrlino+inn +h~y nl~'+Jn ~ e Z The trans ortation authori}~~ p •1 .v. T T Ctt . Y~~'`'""~~ ~~ ~~`"' ~~ does not have jurisdiction on rivate roe 11-4-3-39 VEHICLE WASHING FACILITY: Change is consistent w/hours C. Any use that is not fully enclosed shall be located a minimum of one hundred of operation for businesses in feet (100') from any abutting residential district, and shall be limited in operating the L-0 & C-N districts where hours from six o'clock (6:00) A.M. to eleven ten o'clock (~10:00) P.M. operations are occurring outside an enclosed structure. Section Text Reason for Change 11-4-3-43 WIRELESS COMMUNICATION FACILITY: C.2. Collocation of New Equipment: Collocation of new equipment on an existing Clean-up: Change is consistent with definition of tower or structure within any district shall be deemed a principally permitted use "collocation" in UDC 11-1A-1. and shall re uire a certificate of zonin com liance rior to installation. 11-5A Administration ARTICLE A: GENERAL PROVISIONS 11-5A-2 E. Summary of Actions and Authority: The following is a summary list of the actions that the city shall take in administration of this title, the body responsible Clarification -staff recommends a decision for the action, and reference to the process under which the action shall be making authority & process be taken added for CUP's w/concurrent . AZ/RZ PP & PFP , , a lications Thic is nn4 in4nn~7or1 4n roni~iro #ho r~hnninn ~n'1 ~nninn nnmmieeinn fn rnviow pp . ~ e 11-5A-2 DECISION MAKING AUTHORITY AND PROCESS BY APP LICATION Clean-up/clarification (see Table Application Recommending Decision Process above) Bod Makin Bod Conditional Use PZ CC PH (concurrent with annexation, rezone, preliminary plat, and/or combination lat Private Street None D A 11-56-5 Alternative Compliance Consistent w/change to 11-3H- 4C.3cabove A. Applicability: TABLE 11-5B-5 ALTERNATIVE COMPLIANCE Permit Section Li htin standards for athwa alon State Hi hwa 55 11-3H-4C.3 11-56-8 ADMINISTRATIVE DESIGN REVIEW: Clarification B. Applicability: 1. Administrative design review shall be required for all new commercial, industrial, institutional, public or quasi-public development subject to conditional use, certificate of zoning compliance and/or building permit approval, except development meeting one or both of the following standards shall be exempt: a. The structure and/or addition is fully screened from view from all abutting property lines; and/or b. The structure and/or addition is less than one hundred twenty 120 s uare feet in area and is not visible form a public street, Section Text Reason for Change private street, or abutting residence. c. No exterior im rovements are ro osed. 11-66-5 SHORT PLAT PROCESS: Clarification of process A.2. A condominium plat application for property in any district may be processed as a short plat where all buildings are constructed or have received building permits for construction. A condominium plat amendment for interior alterations or modifications shall be exem t from further review. VIII. EXHIBIT A. Required Findings from the Unified Development Code Exhibit A -Required Findings from Unified Development Code 1. Unified Development Code Text Amendments: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the Council shall make the following findings: A. The text amendment complies with the applicable provisions of the comprehensive plan; Staff finds that the proposed zoning ordinance amendment complies with the applicable (limited) provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 6, of the Staff Report for more information. B. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and Staff finds that the proposed zoning ordinance amendment will not be detrimental to the public health, safety or welfare. C. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. Staff finds that the proposed zoning ordinance amendment does not propose any significant changes to how public utilities and services are provided to developments. All City departments, public agencies and service providers that currently review applications will continue to do so. Please rely on any written or oral testimony provided by any public service provider(s) when making this finding.