Staff Report PZItem #41: UDC Text Amendment (ZOA 14-002)
Application(s):
➢ Text amendment to the Unified Development Code
Size of property, existing zoning, and location: City Wide
Adjacent Land Use & Zoning: N/A
History: City staff periodically brings UDC Text Amendments forward to the t Planning and Zoning Commission for review and
recommendation to the City Council.
Summary of Request: The Planning Division of the Community Development Department has applied for a Zoning Ordinance
Amendment (ZOA) to amend the text of certain sections of the Unified Development Code (UDC) pertaining to landscape buffers,
fencing for daycares, the public meeting process, parkways along arterial and collector streets, posting for public hearings, cul-de-sac
measurement, and the removal of construction sand and gravel mining as a conditional use in residential zone and other miscellaneous
clean-up items.
Written Testimony: None
Staff Recommendation: Approval
Notes
STAFF REPORT
HEARING DATE: July 17, 2014 E IDIAN*--
TO: Planning & Zoning Commission I D A H O
FROM: Justin Lucas, Planning Supervisor
208-884-5533
SUBJECT: ZOA-14-002 Unified Development Code Text Amendment
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Planning Division of the Community Development Department has applied for a Zoning
Ordinance Amendment (ZOA) to amend the text of certain sections of the Unified Development Code
(UDC) pertaining to landscape buffers, fencing for daycares, the public meeting process,
parkways along arterial and collector streets, posting for public hearings, cul-de-sac
measurement, and the removal of construction sand and gravel mining as a conditional use in
residential zone and other miscellaneous clean-up items. Please see Section VII below for a
complete list of the proposed UDC amendments.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed text amendments to the UDC based on the analysis
provided in Section VII 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-14-002 as presented in the staff report for the hearing date of July 17,
2014 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-14-002 as presented during the hearing on July 17, 2014 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-14-
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:
Planning Division, Community Development Department
City of Meridian
33 E. Broadway Avenue, Ste. 102
Meridian, Idaho 83642
C. Applicant's Statement/Justification: 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: June 30, 2014 and July 14, 2014 (Commission)
C. A public service announcement was broadcast faxed/emailed on July 2, 2014 regarding this
application.
D. The proposed amendments were shared with the Building Contractors Association of
Southwest Idaho at their official meeting on June 10, 2014. No comments related to these
changes have been received from the development community which is not atypical for
clean-up items. Staff is forming a UDC Workgroup consisting of various members of the
development community to deal with more complex changes to the UDC over the next few
months.
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 Unified Development Code and Future Land Use Map to implement this plan."
Staff finds that the intended purpose of the subject ZOA application is harmonious with and in
accordance with the applicable objectives of the Comprehensive Plan.
"Keep current the Unified Development Code and Future Land U se Map to implement the provisions
of this plan."
The proposed UDC amendments reflect the current trends in development, so as to implement the
intent of the Comprehensive Plan, while not compromising life, safety or the general welfare of
the community.
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 includes changes to the following sections of the UDC:
Chapter 1, Article A: DEFINITIONS
Chapter 2, Article A: RESIDENTIAL DISTRICTS
Chapter 2, Article B: COMMERCIAL DISTRICTS
Chapter 3, Article B: LANDSCAPING REQUIREMENTS
Chapter 4: SPECIFIC USE STANDARDS
Chapter 5, Article A: GENERAL PROVISIONS
Chapter 5, Article B: SPECIFIC PROVISIONS
Chapter 6, Article C: SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS
The proposed changes are presented in the table on the next several pages in strike-out/underline
format. The columns marked "Issue/Problem" indicate the intended purpose or reason for the text
amendment. There were some very minor changes to the table that occurred after the
application was submitted these changes are highlighted in yellow.
3
Proposed UDC Text Amendments "Clean-Up Items" - June 11, 2014
UDC Section Issue Problem Potential Fix
Modify 11-26-3A.1 as follows:
Requirements: Table 11-213-3 of this section shall be used for determining
required setbacks, street and residential landscape buffers and maximum building
height standards for development in each of the respective commercial districts.
Subsections A2 and A3 of this section and 11-3B-7C.1c set forth certain exceptions
and additional clarification for the dimensional standards."
Landscape
Landscape buffers are listed as a
11-26-3, 11-
buffers and
dimensional standard but at times it makes
Modify 11-2C-3A.1 as follows:
Y
313-7C, 11-
56-5
alternative
sense to reduce them through the
alternative
Requirements: Table 11-2C-3 of this section shall be used for determining
compliance
compliance process. Currently
this link in the UDC is not clear.
required setbacks, street and use landscape buffers and maximum building height
standards for development in each of the industrial districts. Subsection A2 of this
section and 11-3B-7C.1c sets forth certain exceptions and additional clarification
for the dimensional standards.
Add a footnote to Tables 11-2A-4, 11-2A-5, 11-2A-6, 11-2A-7, 11-2A-8, and 11-
2D-6 as follows, "A reduction to the width of the buffer may be requested as set
forth in UDC 11-3B-7C.1c."
B. Additional standards for daycare facilities that serve children:
T11-4-3-9B.1The
current reference in the UDC to "Title
1. All outdoor play areas shall be completely enclosed by
10" for standards that daycare fencing must
minimum six foot (6')
nonscalabie fences to secure against exit/entry by small children and to screen
meet is not accurate.
abutting properties. The fencing material shall meet the swimming peel fence
TABLE 11-213-3
Landscape
Required landscape buffer dimensions in
Notes:
11-26-3
buffers and
the UDC conflict with street sections in the
TMISAP
Ten Mile Interchange Specific Area Plan
(TMISAP)
1. All setbacks shall be measured from the ultimate right of way for the street
classification as shown on the adopted transportation plan.
2. Minimum setback only allowed with reuse of existing residential structure.
3. Where the adjacent property is vacant, the director shall determine the
adjacent property designation based on the comprehensive plan designation.
4. Dimensional standards for setbacks landscape buffers building heights and
parking requirements within adopted specific area plans take precedence
over standards provided in this table
11-5A-5: PUBLIC MEETING PROCESS:
A. Scope: Decisions on requests for action requiring a public meeting are based on
standards that allow limited discretion Applicants for public meeting items are
not required to have a preapplication meeting neighborhood meeting or post
the site. The city does not mail radius notices or publish legal notices for public
meetings.
B. Where the process specified by section 11-5A-2 table 11-5A-2 of this article is a
public meeting:
The UDC does not contain a clear
1. Upon submission of a complete application the community development
director or designee shall review such application and shall:
11-5A-2
Public
Meeting
process
description of the Public Meeting Process
(as opposed to the Public Hearing Process).
At times there has been some confusion
related to this process and how it should be
a. Place the application on a City Council meeting agenda
b. Refer the application to other agencies and prepare a report and
recommendation:
administered.
c. The decision making body (see section 11-5A-2 table 11-5A-2 of this article)
shall provide the applicant a written decision in accord with Idaho Code sections
67-6519 and 67-6535 stating the reasons for the decision reached Conditions of
approval shall be attached to the written decision or recommendation
11-5A-5.6: PUBLIC HEARING PROCESS
11-5A-67: CITY COUNCIL REVIEW PROCESS
11-5A-78: FEES
11-5A-89: MEDIATION
11-1A-1
Recorded
Plat
Definition
The UDC currently only lists final plats in the
definition of Recorded Plats. This is too
specific and the word "final" should be
removed.
PLAT, RECORDED: A final plat including certificates, descriptions, approvals and
requirements as set forth in chapter 6, "Subdivision Regulations", of this title and
the Idaho statutes, and recorded with the Ada County recorder.
5. Parkways Along Collectors and Local Residential Streets: Parkways along
collectors and local residential streets that meet all of the following standards
may count toward the common open space requirement:
a. The parkway meets the minimum width standard as set forth in
subsection 11 -3A -17E of this chapter.
b. The parkway is planted with street trees in accord with section 11-313-7,
"Landscape Buffers Along Streets", of this chapter.
c. Except for alley accessed dwelling units, the area for curb cuts to each
residential lot or common driveway shall be excluded from the open
space calculation. For purposes of this calculation, the curb cut area shall
be a monornum aFea of twenty six feet (26') by the width of the parkway.
Parkways
Currently the UDC does not explicitly state
6. Parkways Along Collector And Parkways along end -arterial
along
that parkways along arterials and collectors
streetss that meet all of the following standards may F F
11 -3G -3B
arterials
have to have trees to be counted as open
(10) inwidth frem street cuFb to sidewalkbe counted toward the common
and
space. The local street standards are much
open space requirement_
collectors
clearer.
a. The parkway is a minimum of ten feet (10') in width measured between
edge of sidewalk and back of curb Where ACHD is anticipating future
widening of the street the width of the buffer shall be measured from
the ultimate curb location as anticipated by ACHD• and
(1) The parkway is planted with street trees and other materials in
accord with section 11 -3B -7C "Landscape Buffers Along Streets"
of this chapter: or
(2) The parkway contains planter beds which meet the following
requirements:
i. Lawn areas account for no more than 50% of parkway.
ii. Massed shrubs which at maturity provide vertical relief
between minimum of one foot (1') and maximum of three
feet (31 in height cover at least 25% of parkway area during
growing season. Shrubs must be planted as a continuous edge
or in a distinct repeating pattern to create vertical visual
break between roadway and pedestrian areas
-iii. Planter beds must meet Mulching and Vegetation Coverage
requirements listed under 11-313-51-1 and 11-313-5N
D. Posting Of Public Hearing Notice:
There are some instances when requiring
3. Sign Placement: The signs shall be posted on the land being considered along
public hearing signs to be posted on stub
each roadway that is adjacent to the subject property boundaries. The sign(s)
Posting
streets does not appear to enhance the
shall be located on the property, outside of the public right of way. If the sign
11-5A-5D.3
stub streets
public notice for a project. The
cannot be placed on the property and still be clearly visible, the sign may be
development community has requested
placed within the right of way if the applicant can obtain the consent of the
that the City provide some flexibility within
owner of the right of way. In circumstances where placing signs per the standards
the code to remedy this issue.
listed herein is not practical the applicant may request a Directors Determination
to identify an alternative sign placement strategy.
B. Preapplication Meeting: No more than four (4) months prior to submitting an
11-5A-513
Clarify that requests for City Council Review
application, applicants for permits requiring a public hearing are required to
do not require a preapplicaiton meeting.
conduct a preapplication meeting with the department. Requests for city council
review do not require preapplication meetings (Ord. 07-1325, 7-10-2007)
Use R-2 R-4 R-8 R- R-40
11-2A-2
Gravel
Many questions have been raised about the
15
(Table)
Mining in
appropriateness of allowing a gravel mine in
- ------ - -
Residential
a residential zone even with a CUP.
GORStFUGfiGR sand G S
5. Cul -De -Sacs: No street or series of streets that end in a cul-de-sac or a dead
end shall be longer than four hundred fifty feet (450'). (Ord. 05-1170, 8 -30 -
Cul -de -sac The UDC is not explicit in how cul-de-sacs 2005, eff. 9-15-2005)
11 -6C -3B.4 length are measured.
E3
VIII. EXHIBITS
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
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. It is the intent of the text amendments to further the health,
safety and welfare of the public.
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.
10