ARTICLE B. SPECIFIC PROVISIONS
SECTION:
8-6B-5: Development Code Amendment
8-6B-7: Planned Unit Development
8-6B-8: Minor Planned Unit Development
8-6B-10: Zoning Map Amendment And Annexation
8-6B-1: PURPOSE:
The purpose of this article is to set forth the requirements for certain types of application reviews that are distinct for the specific application, including review procedures, standards for review and findings for approval. The provisions included in this article are in addition to those set forth in article A, "General Provisions", of this chapter. (Ord. 898-08, 9-8-2008)
8-6B-2: CONDITIONAL USE:
A. Purpose: The purpose of this section is to establish procedures that allow for a particular use on a particular property subject to specific terms and conditions of approval.
B. Applicability: The provisions of this section apply to all conditional uses identified throughout this title.
C. General Provisions:
1. Commission Approval Required: Conditional uses, as have been designated throughout this title, shall be allowed only upon the approval of an application by the commission, subject to the requirements of this chapter and such conditions as the commission may attach. Such approval shall be in the form of a written permit.
2. Precedent Not Created: A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits.
3. Transferability: Conditional use permits shall not be transferable from one parcel of land to another. Unless otherwise stated in the conditions attached to a permit, the permit shall be granted to the applicant and successors in interest to the premises for which it was approved.
4. Conditions Of Approval: Upon the granting of a conditional use permit, the commission may attach conditions to said permit including, but not limited to, those:
a. Minimizing adverse impact on other development;
b. Controlling the sequence and timing of development;
c. Controlling the duration of development;
d. Assuring that development is maintained properly;
e. Designating the exact location and nature of development;
f. Requiring provision for on site or off site public facilities or services;
g. Requiring more restrictive standards than those generally required in an applicable ordinance;
h. Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision providing services within the planning jurisdiction.
5. Terms Of Permits:
a. At the discretion of the commission, a conditional use permit may contain an expiration date. If no extension is requested pursuant to this section, the original permit shall expire at the end of its stated term.
b. A conditional use permit is deemed void if the use has ceased for a continuous period of one year or more.
6. Revocation:
a. The commission shall have the authority to review any conditional use permit based upon a written complaint; a change in any applicable city ordinances; or the conditions attached to the permit by the commission.
b. If the commission finds that there is a probable cause for revoking a conditional use permit, the commission shall give notice of a hearing to the applicant and the public in the same manner as a notice of a hearing for an application for a conditional use permit. The commission shall hold a hearing on the question of revoking the permit and, if it finds that grounds for revocation exist, it may revoke the permit.
c. The commission may revoke a conditional use permit for any of the following grounds:
(1) Violation of this code;
(2) Violation of the conditions of the permit after written notice of the violations and a ten (10) day period to correct said violations; or
(3) Causing or allowing a nuisance, as determined in title 4, chapter 3 of this code, in connection with the use for which the permit was granted.
D. Required Findings: In order to grant a conditional use permit, the commission shall make the following findings:
1. The use is appropriate to the location, the lot, and the neighborhood, and is compatible with the uses permitted in the applicable zoning district;
2. The use will be supported by adequate public facilities or services to the surrounding area, or conditions can be established to mitigate adverse impacts;
3. The use will not unreasonably diminish either the health, safety or welfare of the community; and
4. The use is not in conflict with the comprehensive plan or other adopted plans, policies, or ordinances of the city. (Ord. 898-08, 9-8-2008)
8-6B-3: DESIGN REVIEW:
A. Purpose: The purpose of this section is to establish the specific process and findings for approval of design review applications.
B. Objectives: The objectives of the design review process are to involve the city in the earliest possible time in the development and design of a project, and to work with the applicant in an iterative process of review and design to better the design of a project. The review process is intended to be flexible and tailored to the needs of the project and the applicant.
C. Applicability: This process shall apply to all development as more specifically described below. Provisions of title 8, chapter 4 (“Design and Development Regulations”) shall be reviewed as follows:
1. The following development shall be reviewed by the design review consultant(s) and utilize the administrative with notice procedures:
a. Nonresidential Development:
(1) New principal structures;
(2) Accessory structures visible from the right-of-way;
(3) Additions that add more than twenty-five percent (25%) of the gross floor area of an existing principal;
(4) Renovations visible from the right-of-way where more than twenty-five percent (25%) of the facade is altered, replaced, rehabilitated, or restored;
(5) Site expansions or reconfigurations exceeding twenty-five percent (25%) of the existing site’s gross square footage;
(6) Any improvement within seventy feet (70') of the Boise River’s ordinary high water mark; and
(7) Developments requiring design review consultant(s) consultation elsewhere in code.
b. Residential Development:
(1) More than two (2) dwelling units on the same property, including, but not limited to, multifamily dwelling units;
(2) Dwelling units where there are more than two (2) proposed units attached to one another on separate properties; and
(3) New detached accessory dwelling units.
2. The following development shall be reviewed under the procedures set forth in section 8-6A-6, “Administrative Process Without Notice”:
a. Nonresidential Development:
(1) Accessory structures not visible from the right-of-way;
(2) Structural additions that add up to twenty-five percent (25%) of the gross floor area of an existing principal structure and are not visible from the right-of-way;
(3) Renovations, visible from the right-of-way, where more than twenty-five percent (25%) of the facade is altered, replaced, rehabilitated, or restored so long as there are no reductions in glass; and
(4) Site expansions or reconfigurations less than or equal to twenty-five percent (25%) of the existing site’s gross square footage, where there is no additional curb cut, reduction in landscaping, or new structures.
b. Residential Development:
(1) Up to two (2) attached dwelling units on the same property; and
(2) Accessory structures that do not otherwise require design review consultant(s) recommendation as defined by this title.
c. The thresholds identified are cumulative within a twenty-four (24) month time period.
3. Any applications that are noncompliant with code will be denied.
D. Design Review Consultant(s):
1. When design review consultant(s) consultation is required, the consultation shall be timely scheduled with the consultant(s) as established by resolution.
2. The purpose of the consultation is for expert(s) to assist the decision maker by providing direction to the applicant on the city-adopted design criteria.
3. The consultation is between the design review consultant(s) and the applicant. Timely written public comment shall be incorporated into the materials reviewed during the consultation.
4. The applicant may meet with the design review consultant(s) one (1) or multiple times before an application is ready for a recommendation.
5. Appropriate fees for design review consultation shall be established by resolution.
E. Required Findings: In order to approve a design review application after a recommendation by the design review consultants, the decision maker shall make a determination with written reasoned statements on the following findings:
1. The proposed design shall comply with all design standards in this title;
2. The proposed design shall provide effective bicycle and pedestrian access and movement to, from, within, and across the site;
3. The proposed design shall be compatible with or improve the public’s use of existing and planned public spaces, including but not limited to the greenbelt and pathways, sidewalks, parks, roadways, open space, public facilities, Boise River and waterways, canals, and other surface irrigation;
4. The proposed design shall be compatible with the neighborhood in scale and intensity;
5. The proposed design shall not create an adverse impact on the surrounding neighborhood;
6. The proposed architecture and site improvements shall have facades, features, materials and building form, and other physical improvements that are compatible with or enhance the neighborhood;
7. The proposed design and landscape shall improve the design and function of the site and be consistent with southwest Idaho climatic conditions; and
8. The proposed design shall be compatible with applicable natural, scenic, and historic features, including but not limited to wetlands, the Boise River, waterways, and historic structures.
F. Limitations Of Design Review Authority: Except for development on substandard lots of record, the design review consultant(s) is prohibited from requiring reductions in height, density or floor area ratio, or other general bulk regulations. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 944-12, 5-14-2012; Ord. 975-15, 4-27-2015; Ord. 1024-22, 9-12-2022; Ord. 1026-22, 9-12-2022)
8-6B-4: DEVELOPMENT AGREEMENT:
A. Purpose: The purpose of this section is to establish a procedure for accommodating specific land uses in the city while continuing to provide for the protection of the public health, safety and welfare in accordance with Idaho Code section 67-6511A.
B. Applicability: A development agreement may be used in the annexation; specific area plan; or base or overlay rezoning process in any zoning district, regardless of lot size, subject to the standards provided for in this section.
C. General Provisions:
1. Subsequent Actions: A development agreement shall not prevent the city in subsequent actions applicable to the property, from applying new standards, regulations or policies that do not conflict with the written commitments within the development agreement.
2. Compliance With Codes: Nothing in this section shall be construed as relieving the property which is subject to development agreement restrictions from further compliance with all other permit and code requirements of the city.
3. Obligation Of The City: By permitting or requiring commitments pursuant to this section, the city does not obligate itself to approve a proposed zone change or annexation that is requested concurrent with a proposed development agreement.
4. Encumbrance: The owner, lessee, or owners of a valid interest in the property and all subsequent property owners of the property encumbered by the development agreement shall comply with all conditions, terms, obligations and duties contained in the development agreement. Failure to comply shall result in termination of the agreement specified in subsection D8 of this section.
D. Procedures:
1. Request For A Development Agreement: At any time during the processing of an annexation, specific area plan, or a rezone application, a request to enter into a development agreement for the subject property may be submitted by the applicant, or may be recommended by the commission at the commission’s public hearing, or may be required by the council at the council’s public hearing.
a. In the event an applicant seeks to enter into a development agreement, the development agreement shall be taken to the commission at the time of the scheduled rezone, specific area plan, or annexation hearing. The commission shall forward its recommendation to the council regarding the applicant’s requests.
b. In the event of a recommendation by the commission that a development agreement should be required, the rezone or annexation request shall be forwarded to the council with that recommendation.
2. Actions Of The Council: The council after receiving a recommendation from the commission may: a) approve, b) reject or c) modify the recommendations and include as a condition of annexation, specific area plan, or rezoning the property that the city enter into a development agreement with the applicant.
3. Form: The form of the agreement shall be established by the Garden City attorney.
4. Recording: The development agreement shall be attached to the ordinance establishing the zoning map amendment. The agreement shall take effect and shall be recorded in the office of the Ada County recorder within ten (10) days of adoption of the ordinance establishing the zoning map amendment by the council.
5. Modification: A development agreement shall only be modified after public hearing by the council. Major modifications as determined by the planning official shall require a hearing and recommendation by the commission prior to hearing by the council.
6. Revocation: In the event the city believes that grounds exist for revocation of the development agreement, the applicant or their successors and assignees shall be given written notice, by certified mail, of the apparent violation or noncompliance, providing a statement of the nature and general facts of the violation or noncompliance and providing the property owner fifteen (15) calendar days to furnish evidence:
a. That corrective action has remedied the violation or noncompliance;
b. That rebuts the alleged violation or noncompliance; and/or
c. That a request to amend the development agreement has been submitted.
7. Revocation Hearing: In the event that the applicant or their successors and assignees fails to provide evidence reasonably satisfactory to the city as provided in subsection D6 of this section, the planning official shall refer the apparent violation or noncompliance to the council for a public hearing as set forth in section 8-6A-7 of this chapter.
a. The council shall provide the applicant or their successors and assignees notice and reasonable opportunity to be heard concerning the matter; and a public hearing shall be conducted.
b. The council shall issue a written decision terminating the development agreement or remanding it back to the commission for the amendment process pursuant to the public hearing process as set forth in section 8-6A-7 of this chapter.
8. Termination Of Agreements: In the event that a development agreement is terminated or amended by the council, after public hearing, for failure to comply with any of the commitments expressed in the agreement, the city shall take the following actions:
a. The property shall be rezoned to its prior zoning designation. In the case of an initial zoning designation established at the time of annexation, termination of the agreement shall result in a city zoning designation deemed appropriate by the council and set forth in the terms of the development agreement.
b. All uses that are not compatible with the subsequent zoning designation following termination of the development agreement shall cease. The owner of the property shall apply for a conditional use permit for the property, if the use(s) is conditionally allowed within the subsequent zoning district.
9. Enforcement: Development agreements may be enforced by the city through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, monetary damages, criminal penalties and/or termination of the development agreement. Such enforcement options shall not be considered exclusive, but may be combined as deemed appropriate by the city.
10. Binding On Successors: Unless modified or terminated, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring interest in the property.
11. Official Zoning Map: Upon approval of the rezone, the official zoning map of Garden City shall be amended showing the affected property zoned as development agreement (DA).
E. Standards: The standards identified in this subsection shall apply to all annexations, specific area plan, and rezones involving development agreements, unless otherwise specified.
1. Comprehensive Plan Compliance: Compliance with the goals and policies of the city’s comprehensive plan shall be demonstrated in a written narrative.
2. Neighborhood:
a. There shall be compatible transition in scale, building form, and proportion between the proposed structure/use and existing structures and landscape.
b. The proposed use(s) and development of the subject property shall be appropriate for the location, the lot and the neighborhood.
c. The proposed use(s) and development shall not adversely affect the character, public health, safety, and/or general welfare of the neighborhood or the community.
3. Infrastructure:
a. The proposed use and development of the subject property shall not cause undue traffic congestion, or dangerous traffic conditions.
b. The proposed use(s) and development of the subject property shall not adversely impact other infrastructure such as, but not limited to, public utilities and communication systems, water, wastewater, and drainage systems. (Ord. 898-08, 9-8-2008)
8-6B-5: DEVELOPMENT CODE AMENDMENT:
A. Purpose: The purpose of this section is to establish procedures for amendments to the text, tables and graphics of this title, including supplements, changes, modifications or repeals.
B. Applicability: The provisions of this section shall apply to all text within this title.
C. Procedures:
1. Development Code Amendment Initiated By The City: Any member of the council, the design review consultant(s), or the commission may propose to amend this title following notice and public hearing procedures set forth in article A, "General Provisions," of this chapter.
2. Development Code Amendment Not Initiated By The City: The prospective applicant for a development code amendment shall complete a preapplication conference with the planning official. The planning official shall make a recommendation to the commission on the merits of considering the applicant’s request. The commission shall review the request at a public hearing and then determine if an application should be brought forward to amend the development code. Upon approval of the request by the commission, an application, fees, and public notice in accord with article A, "General Provisions," of this chapter, shall be provided.
3. Public Hearings: The commission and council shall hold public hearings on the development code amendments as set forth in article A, "General Provisions," of this chapter.
4. Effective Date: The amendment shall become effective by a favorable vote of a majority of the members of the council.
D. Required Findings: In order to grant a text amendment to the development code, the council shall make the following findings:
1. The text amendment complies with the applicable provisions of the comprehensive plan;
2. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and
3. 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. (Ord. 898-08, 9-8-2008; amd. Ord. 975-15, 4-27-2015; Ord. 1026-22, 9-12-2022)
8-6B-6: SPECIFIC AREA PLAN:
A. Purpose: Establishing a specific area plan district (SAPD) for a property provides a means to create zoning regulations and a master plan for unique areas and developments where a different zoning district may not achieve desired results.
Each SAPD includes its own nontransferable set of zoning regulations. The regulations may include design guidelines, site plan, infrastructure plan, phasing plan, and other elements. The type of uses, form standards, location and amount of development, and design criteria for a particular property shall be established by adopting the SAPD into the Development Code by specific area plan project ordinance (SAPPO).
The goal of this section is to ensure the orderly planning and development of land, by requiring new development to:
1. Implement the goals and objectives of the city’s comprehensive plan, as amended, including the future land use map, the land use designations and the land use goals and policies, if applicable;
2. Contribute to the social, economic and environmental sustainability of the city;
3. Develop in a manner that is highly respectful of the natural setting, that is at a human scale and ensures neighborhood compatibility;
4. Provide for a safe and comfortable integrated transportation system which prioritizes a pedestrian-bicyclist environment and mass transit and reduces vehicular trips;
5. Result in a contribution of amenities to the community including maintaining public access to the Boise River and recreational facilities;
6. Designate and protect open site area in perpetuity;
7. Provide for a mix of uses, including housing types;
8. If necessary, plan for the coordinated and phased construction of infrastructure, including public facilities and transportation system components; and
9. Remain consistent with the intent of this title.
B. Applicability: An SAP may be utilized anywhere within the city on properties that would benefit from a master plan and phasing approach. An SAP application is encouraged for the development or redevelopment of properties defined in the comprehensive plan as TOD activity nodes, or as neighborhood destination activity nodes, or as future planning areas. An SAP application shall be required prior to the development or redevelopment of properties defined in the comprehensive plan as future planning areas that are not incorporated into the city on or before February 8, 2021.
C. General Provisions:
1. Approval of an SAP application will constitute approval of a master plan meeting the elements of section 8-7B-1.I, which establishes a framework to guide all future development within the area defined by the SAP application.
2. Development applications may be filed in conjunction with an SAP application; however, no construction shall commence on any component of an approved SAP application except upon receipt of design review, conditional use, variance, or subdivision approval consistent with the adopted SAPPO.
3. All development within an approved SAP application site shall be regulated by applicable provisions of this title and other code provisions in effect at the time the SAP application is submitted and certified as complete by the city, except as modified by the adopted SAPPO. Development applications may be processed concurrently and include, but are not limited to, design review, conditional use, variance, and/or subdivision. Omission of criteria from the SAPPO that are found elsewhere in the development code are not considered a conflict between the SAPPO and the development code.
4. Specific Area Plan Application Components:
a. The SAP application shall be comprehensive enough to adequately guide the development or redevelopment of a property to achieve the vision of the proposed SAP district.
b. The SAP application shall identify street cross section design (excluding Ada County Highway District and Idaho Transportation Department adopted street sections), road alignments, setbacks, interface with adjacent neighborhood, allowed, conditionally allowed and prohibited uses, and general mix of uses and provide a general utility plan.
c. The SAP application shall identify:
(1) Setbacks, setback exceptions, lot coverage, and height;
(2) Density;
(3) Uses that are permitted, conditionally permitted, and prohibited. If any uses are different than section 8-7A-1 defined uses, the definition of such uses shall be provided.
d. The SAP application should adhere to the general design standards concepts in Garden City Code specifically related to the development interface with street and public realms and street trees.
e. The seventy-foot (70') minimum setback to the ordinary high water mark of the Boise River cannot be amended.
f. The provisions of the development code of Garden City such as, but not limited to, relating to drainage and floodplain, shall govern all standards and/or processes that are not specifically identified, set forth, or modified by the SAP application.
g. If there is a conflict between other provisions of the development code of Garden City and the adopted SAPPO regulations, the SAPPO regulations shall govern.
5. Design criteria shall repeat the standards of chapter 8-4 of this title in the SAP application unless there are proposed SAP application standards that would contradict existing city standards. The following SAP application components may be different than what is contained in existing city code, but shall be included in the SAP application:
a. Parking and off-street loading provisions required number and allowable sizes; and
b. Design criteria including but not limited to:
(1) Architectural guidelines;
(2) Transportation and connectivity;
(3) Sign provisions;
(4) Landscaping and tree protection; and
(5) Open space.
D. Procedures:
1. Neighborhood Meeting; Preapplication Conference: The applicant shall hold a neighborhood meeting prior to holding a preapplication conference with the city. A preapplication conference shall be held with the planning official and, as appropriate, other city and public agency staff in order for the applicant to become acquainted with the SAP application procedures, any related city requirements and schedules, and allow for scoping the SAP application required elements. The staff will give preliminary feedback to the applicant based on information available at the preapplication conference and will inform the applicant of issues or special requirements which may result from the proposal. A preapplication conference is not the same as a formal review and may not result in all issues being identified.
2. Application: The SAP application shall be submitted in accordance with article A, "General Provisions," of this chapter.
3. Public Hearings: Public hearings shall be held on the SAP application as set forth in article A, "General Provisions," of this chapter.
4. Official Zoning Map: Upon approval of the SAP application, the official zoning map of Garden City shall be amended showing the affected property zoned as an SAPD zone.
5. Development Code: Upon approval of the SAP application, this title shall be updated to include the SAPPO.
6. Development applications shall be administered as required by section 8-6A-2, Table 8-6A-1, Authorities and Processes.
7. Amendments: A previously adopted SAPD zone may be amended at any time and may be amended simultaneously with the processing of a development application.
Amendments that include the following will follow the procedures for a development code amendment:
a. Changes which would modify or reallocate the allowable building height, allowed uses, mix of uses, or density of a development; or
b. Changes which would substantially alter the function, use and enjoyment or amount of land dedicated to open space, amenities, trails, natural areas or public facilities; or
c. Modify any other aspect of the SAPD zone that would significantly change the overall character of the SAPD zone; or
d. A series of minor amendments that cumulatively change the overall character of the SAPD zone; or
e. A change or series of changes that would change the character of the interface of the SAPD zone with the surrounding neighborhood; or
f. Any change that the planning official deems a major change to the intended nature of the SAPD zone.
8. Design Review Amendments: Amendments that include the following will be reviewed by the design review consultant(s):
a. Modifications to the layout and design elements, such as design guidelines, landscaping, and amenities, that do not modify SAPD zone regulations or the phasing plan; or
b. Modifications to the infrastructure plan not tied to the phasing plan.
E. Required Findings: In order to grant approval of an SAP application, the deciding body shall make the following findings in writing:
1. The SAP application, as conditioned, is consistent with the city comprehensive plan, as amended, including the future land use map and the land use planning area guidelines and land use designations, if applicable;
2. The SAP application, as conditioned, meets the minimum requirements of this chapter;
3. The SAP application promotes the orderly planning and development of land, as set forth in the purpose for this process;
4. The SAP application will create a district that is identifiable as a distinct area of the city with a distinguishing character;
5. The SAP application has been noticed and public hearing held in accordance with this code;
6. The SAP application complies with all city zoning regulations and codes in effect at the time of the SAP application.
If an application does not meet one or more of the criteria above, the application shall be denied, and the reason the application does not meet the finding or findings shall be in writing. (Ord. 898-08, 9-8-2008; Ord. 1018-20, 2-8-2021; Ord. 1026-22, 9-12-2022)
8-6B-7: PLANNED UNIT DEVELOPMENT:
A. Purpose: The intent of this section is to provide for well planned developments which conform to the objectives of this title, but may deviate in certain respects from the zoning map and the district regulations. It is not the intent that the planned unit development process be used solely for the purposes of deviation from the dimensional standards in the district unless the following objectives are also achieved:
1. Provide a maximum choice of living environments by allowing a variety of housing and building types, and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements;
2. Create a more useful pattern of open space and recreation areas; and, if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services;
3. Establish a development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns;
4. Use land more efficiently than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and
5. Develop a land pattern in harmony with land use density, transportation, and community facilities objectives of the comprehensive plan.
B. Applicability: The planned unit development process may be used in any district.
C. General Provisions:
1. Uses Permitted: All uses that are allowed within the land use district are permitted within a PUD. Also, up to ten percent (10%) of the gross land area may be applied to other uses that are not allowed within the land use district upon findings by the commission, as set forth in subsection E of this section.
2. Arrangement Of Uses:
a. Open Space: Every property developed under the PUD approach should be designed to abut upon common open space or similar areas.
b. Commercial: Commercial uses and buildings shall be planned as groups having common parking areas, and common ingress and egress points in order to reduce the number of potential accident locations at intersections.
c. Industrial: Industrial uses shall provide for an efficient use of land and services by grouping buildings in parklike surroundings, utilizing landscaping and existing trees as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products.
d. Residential:
(1) With ten (10) or more dwelling units, a variety of housing types shall be included including attached units (townhouses, duplexes), detached units (patio homes), single-family and multi-family units; provided, that the overall density limit of the district is maintained.
(2) A clustering of dwellings is encouraged.
(3) For townhouses, no more than eight (8) townhouse units shall be located in any contiguous group.
3. Minimum Size: Minimum size of a planned unit development shall be as follows:
a. Fourteen thousand five hundred (14,500) square feet for residential development;
b. One (1) acre for mixed use;
c. One (1) acre for commercial use; and
d. Five (5) acres for industrial use.
4. Setbacks: All applications which propose reduced or zero setbacks from what was set forth in section 8-2B-3, "Form Standards", of this title shall comply with the following development standards:
a. Lots with a reduced or zero lot line shall provide drainage easements of sufficient size to maintain drainage on the site.
b. The PUD plat shall indicate the reduced or zero setback lines and all easements shall be shown on the plat and incorporated into each deed transferring the title of the property.
c. In no case shall a property with a reduced or zero lot line be allowed adjacent to a property that is not part of the PUD.
d. The minimum separation between detached structures shall be ten feet (10') unless greater separation is required by fire or building codes.
e. All development located on a parcel with a reduced or zero lot line shall comply with all applicable building and fire codes.
5. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner.
D. Procedures:
1. An application for a PUD may be filed by a property owner or a person having an existing interest in the property to be included in the PUD. The PUD application shall be filed in the name or names of the recorded owner or owners of property included in the development. However, the application may be filed by the holder(s) of an equitable interest in such property.
2. A planned unit development (PUD) shall be processed as a conditional use permit with the submission of a preliminary development plan and approval of a final development plan as set forth below. A planned unit development application shall take the place of a preliminary plat application in cases where utilized for subdivision purposes.
a. In addition to the application requirements set forth in section 8-6A-4, "Required Application Information", of this chapter, the application submittal for a preliminary development plan for a PUD should contain the following:
(1) Proposed schedule for the development of the site; and
(2) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years.
b. The commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this title; whether the proposed development advances the general welfare of the community and neighborhood and the surrounding area to justify the deviation from standard district regulations.
c. The commission’s approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels or engineering feasibility.
d. Upon approval of a preliminary development plan, an application for a final development plan may be filed.
e. The commission shall recommend to the council approval or denial of a PUD. Such action shall be in the form of written findings of fact, conclusions of law and in the case of approval, conditions of approval. Action shall occur only after the required public hearing is held.
3. When a PUD also qualifies as a subdivision, the processing of the PUD permit and subdivision application shall occur at the same time.
4. Before approval is granted to the final development plan, the entire project shall be under single ownership or control and legal title must be presented with the final development plan.
E. Required Findings:
1. In order to grant approval of a planned unit development, the commission and council shall make the findings for a conditional use permit as set forth in section 8-6B-2 of this chapter and the following:
a. The applicant has demonstrated that the proposed development can be initiated within two (2) years of the date of approval;
b. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the council;
f. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
2. In allowing for uses not otherwise permitted in the district, the commission shall make the additional findings:
a. The uses are appropriate with the residential uses;
b. The uses are intended to principally serve the residents of the PUD;
c. The uses are planned as an integral part of the PUD;
d. The uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; and
e. A minimum of fifty percent (50%) of the residential development occurs prior to the development of the related commercial or industrial land uses. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 975-15, 4-27-2015)
8-6B-8: MINOR PLANNED UNIT DEVELOPMENT:
A. Purpose: The purpose of the provisions for a minor planned unit development (PUD) is to allow for flexibility in the design and development on small residential lots of record that were platted prior to the adoption of the city’s zoning ordinance. Specifically, these provisions are intended to:
1. Through more flexible standards, encourage innovation and creativity in residential lot development;
2. Through innovative site design, create usable open space areas, a sense of place and neighborhood;
3. Provide for a variety of housing products that respond to changing demographics and housing needs including cottages, compact housing, residential courts, co-housing, and attached units;
4. Encourage interconnectivity within blocks and between lots of record;
5. Create an incentive for residential development that is designed with consideration for future development on adjoining lots and for combining lots of record;
6. Establish provisions for quality and sustainable design; and
7. Provide a tool and process that expedites the development review process on smaller lots of record.
B. Applicability:
1. These provisions shall apply to any lot of record that is at least plus or minus one hundred feet (100') by plus or minus one hundred fifty feet (150') in size in the C-2, R-2, and R-3 zoning districts.
2. The provisions of this article shall apply only when requested by an applicant and are in lieu of the underlying zoning district requirements.
C. Allowed Uses:
1. Uses allowed in a minor PUD shall include all residential uses that adhere to the provisions for a minor PUD as set forth in this chapter.
2. Uses allowed shall be: attached and detached single-family; townhouse, two-family duplex; or multiple-family dwelling units; cottages; co-housing development; or any combination of these housing uses.
D. General Provisions For The Site Layout Template:
1. Site Layout Template: All minor planned unit developments (PUDs) shall be based on an approved site layout template, prepared by a licensed architect and reviewed as set forth in section 8-6B-3, Design Review, of this chapter and adopted through a public hearing process as set forth in section 8-6A-7 of this chapter.
2. The site layout template shall provide for the following elements:
a. Location of proposed building footprints, common areas, private open space, paved areas, service areas, access lanes, parking, pedestrian walkways and linkages;
b. Calculation of the number of units, building stories, parking spaces and amount of common area; and
c. A plan that shows the opportunities for future connectivity with adjoining properties.
3. The site layout template shall meet the following criteria:
a. Fire access and protection shall be in compliance with the International Fire Code;
b. The common area shall be a minimum of eight percent (8%) of the site with a minimum dimension of twenty feet (20');
c. The minimum width of the access lane shall be twenty feet (20');
d. Interconnectivity shall be designed to allow for shared access or shared common area with adjoining property. Shared access may be one (1) of the following:
(1) An access lane that has the ability to be widened or extended;
(2) Multiple pedestrian connections;
(3) A common area that has the ability to be widened or extended.
e. The minimum dwelling unit size shall be five hundred fifty (550) square feet;
f. Minimum Setbacks:
(1) Between condominiums and multifamily structures without a firewall separation shall be ten feet (10');
(2) Between townhouse structures shall be six feet (6');
(3) To property lines external to the original lot of record shall be five feet (5');
(4) To an internal access lane shall be five feet (5').
g. Maximum Building Height: Maximum building height shall be thirty feet (30') except, where requirements of the International Fire Code can be satisfied, a maximum height of fifty-five feet (55') shall be allowed.
E. General Provisions For A Minor Planned Unit Development (Minor PUD):
1. The minor PUD for an individual property shall be in substantial conformance with an adopted site layout template. The site design may deviate from an adopted site layout template with fewer units, less density, less building footprint or greater open space. Relocation of building footprints, common areas, access lanes, parking, private open space may deviate up to ten percent (10%) from the adopted design layout template.
2. In addition to the requirements for the template identified in the general provisions for the site layout template, the minor PUD shall also include the following elements:
a. A site plan showing the location of utility, meter boxes, fire hydrants, trash enclosures, street addresses, and site identity marker;
b. A landscape and surface materials plan showing the location and type of plants and hard surface materials;
c. Public street elevations of all buildings located adjacent to a public street;
d. Property dimensions, dimensions of all buildings, access lanes and common areas; and
e. A legal description.
3. The minor PUD for an individual property shall meet the following criteria:
a. The requirements for the design layout template identified in the general provisions for the site layout template.
b. Landscaping and irrigation shall be in compliance with the city’s code.
c. Street trees shall be located at thirty-five foot (35') centers in the parkway with a detached sidewalk; or within five feet (5') of the building side of an attached sidewalk; or within the sidewalk area in ten foot (10') tree cutout areas.
d. Landscaping shall be provided around all building foundations.
e. Common Area:
(1) Up to fifty percent (50%) of the common area requirement may be satisfied in private open space.
(2) Common areas may be constructed of turf; pavers; or colored, stamped or decorative concrete.
f. Private Open Space: Any private open space shall be a minimum of eighty (80) square feet and may be a patio, lawn, porch, or deck.
g. Building Orientation: The front doors and primary facades of all buildings shall be on either a public street or common area.
h. Public Street Elevation: The buildings facing a public street shall have a minimum transparency of ten percent (10%), excluding uninhabitable space. Blank, unrelieved walls shall not be allowed facing the public streets.
i. Site Identity Marker: A site identity marker shall be required and integrated into the design of the site at a prominent location.
j. Access Lane:
(1) The access lane may be a private street, a public alley, or a public minor local street in compliance with code.
(2) The access lane may also be constructed as a private street at one-half (1/2) the dimensional requirements for a public street, if there exists the opportunity to fully develop and dedicate a public street with the adjacent property owner.
(3) The access lane shall be dedicated as a public street if the street is shown on the city’s adopted neighborhood street plan.
(4) Shared access with adjoining property shall be a condition of approval; or a plat condition on the final subdivision or condominium plat. The condition may include but is not limited to a requirement for a cross access agreement, easement or dedication.
k. Service Areas: Service areas shall not be visible from the public street.
l. Utility Vaults: Utility vaults shall be integrated into the overall site design and landscaping plan.
m. Storm Drainage: Storm drainage shall be in compliance with the city’s adopted design and construction guide.
F. Procedures:
1. Applications for a site layout template shall follow the provisions for a public hearing as set forth in section 8-6A-7 of this chapter.
2. Applications for a minor PUD shall follow the provisions for an administrative decision with notice as set forth in section 8-6A-5 of this chapter.
3. Applications for a minor PUD in combination with a site layout template, subdivision, or any other application may be processed concurrently. The minor PUD application shall follow the review procedures for a public hearing, if required by the other application.
G. Required Findings:
1. The planning and zoning commission shall base their determination to adopt a site layout template based on the recommendation of the design review consultant(s) as approved by the planning official and the following findings:
a. The layout is in conformity with the purpose and intent of this article and the city’s comprehensive plan;
b. The layout demonstrates innovation and creativity in residential lot development;
c. The layout creates usable open space areas and the opportunity to create a sense of place and neighborhood on a site;
d. The layout could provide for a variety of housing products that respond to changing demographics and housing needs including cottages, compact housing, residential courts, co-housing, and attached units;
e. The layout provides for interconnectivity within blocks and between lots of record; and
f. The layout creates an incentive for residential development that is designed with consideration for future development on adjoining lots and for combining lots of record.
2. The planning official or the planning and zoning commission shall base their determination to approve a minor PUD on the following findings:
a. The minor PUD is in general conformance with an adopted site layout template and any deviations are minor as defined in this section;
b. The minor PUD meets all the findings for a site layout template as set forth in this subsection G;
c. The minor PUD complies with requirements of the city and other agencies with jurisdiction; and
d. The minor PUD has been designed to minimize impacts on adjacent properties.
3. In approving a minor PUD, the decision maker may prescribe appropriate conditions and limitations in conformity with this title which:
a. Minimize adverse impacts on adjacent properties; and
b. Provide a guarantee for interconnectivity between the site and adjacent properties. (Ord. 898-08, 9-8-2008; amd. Ord. 904-08, 11-24-2008; Ord. 905-09, 3-23-2009; Ord. 944-12, 5-14-2012; Ord. 975-15, 4-27-2015; Ord. 1024-22, 9-12-2022; Ord. 1026-22, 9-12-2022; Ord. 1034-22, 6-12-2023)
8-6B-9: VARIANCE:
A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title.
B. Applicability:
1. The provisions of this section shall apply to requests to vary from the requirements of this title with respect to lot size, coverage, width, and depth; front, side, and rear setbacks; parking spaces; building height; and all other provisions of this title affecting the size and shape of a structure or the placement upon properties.
2. A variance does not relieve an applicant from any of the procedural provisions of this title, nor does it allow establishment of a use that is not otherwise permitted in the applicable zoning district.
C. Process: A variance shall be allowed only upon the approval of an application by the commission, subject to the requirements of this chapter, a showing of undue hardship because of unique physical characteristics of the site, and that the variance is not in conflict with the public interest.
D. General Provisions:
1. Conditions Of Approval: Upon the granting of a variance, the commission may impose any conditions it considers necessary to assure:
a. That the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the applicable zoning district in which the subject property is located; and
b. Secure substantially the purpose of city regulations and give effect to the comprehensive plan.
2. Conforming Variance: Any structure, building, fence, sign or use built, erected, reconstructed, used, maintained, established, existing or occupied under an approved variance as herein provided shall be deemed in conformity with the provisions of this title to the extent it complies with the provisions of said variance.
3. Precedent Not Created: Approval of a variance shall not be considered as establishing a binding precedent to grant other variance requests.
E. Required Findings: A variance shall be granted by the commission only if the applicant demonstrates all of the following:
1. The subject property is deprived, by provision of this title, of rights and privileges enjoyed legally by other properties in the vicinity and under the applicable zoning district because of the unique size, shape, topography or location of the subject property (a finding of undue hardship);
2. The need for the variance is not the result of actions of the applicant or property owner;
3. The variance will not unreasonably diminish either the health, safety or welfare of the community neighborhood;
4. The variance is the only reasonable alternative to overcome the undue hardship; and
5. The variance is the minimum relief necessary to allow reasonable use of the subject property. (Ord. 898-08, 9-8-2008)
8-6B-10: ZONING MAP AMENDMENT AND ANNEXATION:
A. Purpose: The purpose of this section is to establish procedures for amendments to the official zoning map and annexations of land.
B. Applicability: The provisions of this section shall apply to all lands within the city limits, the area of city impact, and all other annexable land as set forth in Idaho Code section 50-222.
C. Initiation Of Map Amendment And Annexation: The process for official zoning map amendment or the annexation of land can be initiated by the council or an applicant.
D. Procedures:
1. Official Zoning Map Amendment And/Or Annexation Initiated By Council: The council shall follow the procedures for amendment to the zoning maps as set forth in Idaho Code section 67-6511 and for annexation of land as set forth in Idaho Code section 50-222.
2. Official Zoning Map Amendment And/Or Annexation Initiated By An Applicant: The applicant shall complete a preapplication conference with the planning official prior to submittal of an application for zoning map amendment and/or annexation of land. An application, fees, and public notice in accord with article A, "General Provisions", of this chapter, shall be provided. The procedures of Idaho Code sections 67-6511 and 50-222, as applicable, shall be followed.
3. Public Hearings: The commission and council shall hold a public hearing on the zoning map amendment and/or annexation of land as set forth in article A, "General Provisions", of this chapter.
E. General Provisions:
1. The subject property shall meet the minimum dimensional standards of the proposed district.
2. The city may require a development agreement in conjunction with the annexation or rezone pursuant to Idaho Code section 65-6711A and section 8-6B-4, "Development Agreement", of this article.
F. Required Findings:
1. The zoning map amendment complies with the applicable provisions of the comprehensive plan;
2. The zoning map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;
3. The zoning map amendment shall not be materially detrimental to, or impacts can be mitigated that affect, the public health, safety, and welfare or impacts;
4. The zoning map 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; and
5. The annexation of land, if proposed, is in the best of interest of the city and complies with the procedures as set forth in Idaho Code section 50-222. (Ord. 898-08, 9-8-2008)