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Staff ReportChanges to Agenda: None Item #4A: Unified Development Code Text Amendment (ZOA-11.002) Application(s): - Unified Development Code text amendment Summary of Request: The Public Works Department requests an amendment to the surety section of the UDC (11- 5C) to accomplish the following objectives: - Distinguish sureties for essential public facilities such as water and sewer from development amenities such as landscaping; - Include bonds as a form of acceptable surety - Increase the amount for performance sureties for installation of facilities related to life, health and safety; - Include new language addressing warranty sureties as a necessary requirement for the release of performance sureties for installation of city infrastructure. Compliance w/Comp Plan? Yes Written Testimony: None Staff Recommendation: Approval Notes: STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: May 26, 2011 Planning & Zoning Commission Sonya Watters, Associate City Planner 208-884-5533 E IDIAN~-~- IDAHO ZOA-11-002 -Unified Development Code Text Amendment I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Public Works Department has applied for a Zoning Ordinance Amendment (ZOA) to amend the text of certain sections of the Unified Development Code (UDC). The purpose of the zoning ordinance amendment is to clarify surety requirements and to add bonds as an acceptable form of surety. 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-11-002 as presented in the staff report for the hearing date of May 26, 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-11-002 as presented during the hearing on May 26, 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-11- 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: Public Works Department City of Meridian 33 E. Broadway Avenue 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: May 2, and 16, 2011 C. A public service announcement was broadcast faxed on Apri129, 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) Stafffinds 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 The applicant 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 and the City. This application only includes changes to one section of the UDC, as follows: Chapter 5 Article C: Surety Agreements Staff is of the opinion the changes proposed in this report represent changes that will allow for more flexibility to applicants when posting sureties and also provide the City with financial assurance in the event improvements are not completed or do not function as required. The Public Works Department proposes to amend certain UDC sections as follows: The column marked `Reason for Change "indicates the intended purpose of the text amendment. Section Text Reason far Change 11-5C-1 PURPOSE: The purpose of this article is to establish procedures that guarantee the completion of improvements where city engineer signature on the final plat or occupancy of a structure is desired, but the improvements required by the city have not been com leted. 11-5C-2 APPLICABILITY: Includes reclaimed water & The provisions of this article shall apply to those improvements that are not stormwater facilities or needed to protect the public health, safety and life (including, but not limited to: improvements as landscaping, fencing, pressurized irrigation systems and site amenities) and improvements needed to those-Tge~eNew+ag improvements that are needed to protect the public health, protect the public health, safety and life (including, but not limited to, water, sewer, reclaimed water, safety & life that may be stormwater facilities or improvements, and power facilities; parking lot paving constructed at a later time with and striping; and street paving) °'~nefefe~° ^"°~~ "° ;n^+°~~°~+ °ry°r +° the submittal of surety. 11-5C-3 PROCESS: A. The city may withhold building, electrical or plumbing permits, certificates of Distinguishes sureties for zoning compliance, or certificates of occupancy on the lots or land being Public facilities from developed or subdivided, or the structures constructed thereon, if the development amenities; improvements required under this title have not been constructed or includes bonds as an installed, or if such improvements are not functioning properly. acceptable means of surety; increases the amount for B. All improvements related to public life, safety and health shall be completed performance sureties for prior to occupancy of the structures. Where approved by the city engineer, facilities related to life, health, an owner may post a performance surety for such improvements in order to & safety; and includes new obtain city engineer signature on the final plat. The amount of the language that addresses performance surety shall be equal to not less than one hundred and twenty warranty sureties as five percent (125%) of the cost of completing the required improvements. necessary requirement s for The estimated cost shall be provided by the applicant and reviewed and the release of performance approved by the city engineer. In addition to the performance surety, all sureties for installation of city such improvements shall also be subject to a warranty surety in the amount infrastructure. of twenty percent (20%) of the cost of improvements for a period of two (2) ey ars. C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth improvements, such as landscaping, pressurized irrigation, and fencing, prior to city engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. s: The amount of surety called for shall be equal to not less than one hundred ten twenty five percent (1a-A25%) of the cost of completing the required improvements. f°^^~^° ^~ ~~°+~°° The estimated cost for landscape and fencing sureties shall be provided by the applicant and reviewed and approved by the director. D€. ~qe-Surety Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and a able to, the order of the cit of Meridian, in accord with the Section Text Reason for Change regulations contained in the surety agreement by and between the guarantor and the city of Meridian. E~. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. F6. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the city to retlease the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two (2) sets of prints of the as built plans and specifications for all improvements. 2. The city engineer and/or director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accepted by the city at the end of the warranty period. The as built plans shall be reviewed and approved by the city engineer or director. 3. Upon certification of the city engineer and/or the director, the city shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the regulations of this article. 11-5C-4 PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION: In the event an applicant and/or owner shall, in any case, fail to complete the public improvements in the time period required, the city council may proceed to have such work completed and recover the city's costs by any legal means available, including: foreclosing its lien or, in the event financial guarantees have been re uired, to ursue the remedies rovided b those financial uarantees. 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 refer to any written or oral testimony provided by any public service provider(s) when making this finding.