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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