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Minutes - 2004 - City Council - 11/29/2004 - Regular v ORIGINAL EAGLE CITY COUNCIL Minutes November 29, 2004 1. 2. CALL TO ORDER: ROLL CALL: City Council: Present: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Planning & Zoning: Present: BANDY, MARKS. Absent: DECKERS, LIEN. 3. DISCUSSION ITEMS: Mayor introduces the item. A. Blue Print for Good Growth. City Staff, Baird-Spenser, reviews the proposed ordinance. General discussion regarding definitions within the proposed ordinance and changes they would like to see made. B. Area of Impact. The Mayor would like to amend the agenda to go into Executive Session to discuss pending or threatened litigation. Sedlacek moves to go into Executive Session to discuss threatened or pending litigation. Seconded by Bastian. BASTIAN, AYE: GUERBER, AYE: SEDLACEK, AYE: NORDSTROM, AYE. MOTION CARRIES. Council exits executive session. C. Miscellaneous discussion items. Marks discusses his attendance of a Communities in Motion meeting in Nampa. Mayor discusses a meeting she had with Vern Brewer regarding water issues. General discussion 4. ADJOURNMENT: Bastian moves to adjourn 8:50 p.m.. Seconded by Sedlacek. ALL AYE: MOTION CARRIES... Respectfully submitted: ~~ BÉ!fGJ~4~ CITY CLERK/TREASURER APPRÓVED: """""'" ....,..~ OF £ ""#. l'cJ'~~ -.~?< ~\- 9-I'OR-1 .. ~ ~ = ...9 ~~ \ ~ . ~ v.. -* . . : -.-. * : . . . \ ~C\.SEAL¿-Î i ,,1ft. ..0 ~ '.. 0 ~ II..~.:., ..~ÞORA~... .'\..' ,l' ~#. -l/ ~ ...... 1'>.-" .." ~"#. 4"1] OF \~~. ...." '" "" ",.......,., Page I K:\COUNCILIMINUTES\Temporary Minule, Work Area\CC-II-29-04spag.doc 5-10C MI04 CITY OF INTERIM DEVELOPMENT ORDINANCE I. Generally 1 II. Applicability 4 III. Development Review. 5 IV. Standards. 5 V. Notification 8 VI. Pending Ordinance Doctrine. 12 VII. Appeals 12 Exhibit "A": Interim Zoning Map 13 ORDINANCE NO. AN ORDINANCE ADOPTING A TEXT AMENDMENT TO THE CITY CODE TO ESTABLISH INTERIM DEVELOPMENT STANDARDS AND PROCEDURES DURING THE PREPARATION OF THE ADA COUNTYWIDE TRANSPORTATION AND LAND USE GUIDE PLAN. Whereas, the City is participating in the preparation of the Ada Countywide Transportation and Land Use Guide Plan (hereinafter the "Guide Plan"); and Whereas, the Guide Plan is being prepared pursuant to the Intergovernmental Agreement between Ada County, the incorporated cities within Ada County, the Ada County Highway District ("ACHD"); and the Idaho Transportation Department ("ITD") Whereas, the City Council finds that a portion of the Guide Plan is being prepared for its jurisdiction, and Whereas, the City Council finds that the provisions of this Ordinance were prepared pursuant to § 67-6524, Idaho Code, BE IT ORDAINED by the Mayor and City Council of the City of , Idaho, an Idaho Municipal Corporation: SECTION 1. INTERIM DEVELOPMENT ORDINANCE. Title _ of the City Code is amended by adding a new Chapter _ thereto as follows: CHAPTER . INTERIM DEVELOPMENT ORDINANCE. I. Generally A. Title This Ordinance shall be known as the "Interim Development Ordinance" or "IDO". ACHO.Mw.cgal iaeenm onlwv.s aksa airy (64530) IAa85003 /0.4014:4 21.2004 B. Definitions 1. The words and terms used in this Chapter are as defined in the City's Zoning Ordinance, ' , or Subdivision Regulations, ' , unless a different meaning is provided in subsection B.2, below. 2. Words and terms in this Chapter are defined as follows: a. Affected Area: the area subject to this Ordinance. b. Application: any application for Development Approval. c. Center: a "Center" includes all areas within one-quarter (1/4) of a mile (1,320 feet) of the right of way of the intersection of two major arterial streets, a major arterial street and an interstate highway, or two interstate highways. Centers are designated on the Interim Zoning Map. d. Commercial building: any structure that is classified under LBCS Structure Code 2000 (commercial buildings and other specialized structures), 3000 (public assembly structures), or 4000 (institutional or community facilities), and shall also include the following as designated in the LBCS Structure classification: • any warehouse or storage facility (LBCS Structure Codes 2700-2782 • any heavy industrial structures and facilities or oil refinery structure or facility (LBCS Structure Codes 2621 - 2636). • any jail, penitentiary, detention center, or other correctional facility (LBCS Structure Code 4600) • any cemetery, monument, tombstone, or mausoleum (LBCS Structure Code 4700) • any funeral home or cremation facility (LBCS Structure Code 4800) e. Corridor: an area within one-quarter ((/a) of a mile (1,320 feet) of the right of way of a Major Arterial Street or Interstate Highway as designated on the Interim Zoning Map. An area "within a conznmercial or industrial zoning district 1/ mile (1320 ft) of the row of a major arterial street or interstate highway or 2 - residential zoning district within 250 ft of the ROW of a major arterial street or interstate highway. Major Arterial streets and interstate highways are designated on the interim zoning map. f. Development Approval: approval of any comprehensive, neighborhood or area plan amendment; rezoning; subdivision; planned community; conditional or special use permit or exception; or non-residential site plan. g. Dwelling: A building, or portion thereof, containing one or more dwelling units. The term "dwelling" does not include any ACHDd tuaicip l inecrint onlizancc clean copy (64530)1/9081150011/ Ocmhrt 21.2004 2 recreational vehicle, motel, hotel, guest-house or boarding house as defined herein. h. Dwelling, Multiple Family: A building, or portion thereof, containing three (3) or more dwelling units excluding attached single family townhouse units located on individual lots. Dwelling, Single Family: A building designed for use and occupancy by no more than one family. j. Dwelling Unit: One or more rooms designed for, or used as, a residence for not more than one family, including all necessary household employees of such family, and constituting a separate and independent housekeeping unit, with a single kitchen permanently installed.-A"dwelling tit imay-ie ecciupied by-a ar :perriage), 3r by aj t3 fi- c(-5) s ar by a-amber-of phy:ioc.ly ar mentally ., as 1,7.g as the _ sidcntial character b - Cally andter me4:tclly karaloappe iudoc-taec e6ti: b €or-dfugandler-aleehc'. addiction. The ten,-..+eec :tet iFi;I j-er . _ _ ... .... 'b clubrserooFityrfFata.a ty er hetek k. Interim Development Ordinance: Title _, Chapter _ of the City Code. I. Interim Zoning Map: the map attached as Exhibit "A" to this Ordinance and incorporated by reference as if set forth in its entirety herein. The purpose of the Interim Zoning Map is to establish the locations where the requirements of this Ordinance apply. The Interim Zoning Map does not change the uses or development standards that apply to the existing zoning district designation of a property. m. Land -Based Classification Standards (LBCS): the document entitled Land -Based Classification Standards published by the American Planning Association, which document is hereby incorporated by reference [Reference: http://www.planning.org/lbcs/index.html]. n. Mixed Use Building: A building that includes both residential and non-residential uses or occupancies. o. Planned Community: any development in excess of twenty five ene-hundred-(-188) gross acres of contiguous land in the same ownership. p. Residential District: any "residential base district" as designated in § q. Reviewing Agency: the city council, planning commission, board or official that grants Development Approvals. r. Same Ownership: adjacent or contiguous lands touching along a line or point which are owned by the same person, corporation, partnership, association or trust, or in which 5% or more of each ACRD-MunwgW It11.1moni enu clean Lviry 16453O)1AOda5003 IOceulw 21.2001 3 ownership interest is held by the same person, corporation, association, partnership, association or trust. s. Storefront: That portion of the ground floor of a non-residential building consisting of an entryway and windows, and that is leased to or occupied by an individual tenant, business, or other entity. t. Subdivision Regulations: Title _, Chapter _ of the City Code. u. The Ada Countywide Transportation and Land Use Guide Plan "Guide Plan": The Guide Plan that is currently being prepared pursuant to an intergovernmental agreement between Ada County, the incorporated cities within Ada County, the Ada County Highway District and the Idaho Transportation Department. v. Zoning Ordinance: Title _ of the City Code. II. Applicability. A. Term of Ordinance. This Ordinance shall remain in effect for twelve (12) months after its effective date or until the date of adoption of the Guide Plan, whichever is earlier. B. Affected Area. This Chapter applies only to a Development Approval within the incorporated area of the City, or within an adopted area of city impact as defined by § 67-6526, Idaho Code and approved by Ada County in which the land is located (1) within a Center or Corridor as defined in this Ordinance; or (2) within a planned community. C. Ada County Highway District. This ordinance confers upon the Ada County Highway District authority to review and recommend approval, approval with conditions, or denial of any subdivision or any development approval in accordance with the transportation level of service and traffic impact studies required in the ACRD adopted Interim Development Ordinance. Referral to ACHD by the City shall be required of City staff upon receipt by the City of any application for subdivision or development approval as defined in this Ordinance. Final determination of development approval shall remain with the City. D. Exemptions This Chapter does not apply to the following uses even if located within an affected area: 1. uses or developments for which only a residential building permit or certificate of occupancy is required; or ACNO• M.n►.ryl wamo ordmar . kin copy (645301AOSIL500! / aiober 21.2004 4 uses and developments that are determined on appeal to have vested rights under Idaho Law; or 3. any Single -Family Dwelling on a lot that was recorded on or before the effective date of this Chapter, and not part of a subdivision containing two or more Tots; 4. any porch, deck, family room or garage that is accessory to a single-family dwelling; 5. home occupations, whether or not a use and occupancy permit is required; or 6. rehabilitation of an existing building, or structure which does not change the use or enlarge the building or structure; or 7. accessory uses; or 8. walls or fences; or 9. signs; or 10. any temporary use; 11. reconstruction of a damaged or destroyed building or structure so long as the reconstruction includes no increase in the number of pre-existing residential dwelling units and/or no increase in the square footage of pre- existing non-residential development. III. Development Review. No Development Approval shall be granted unless it includes a development agreement pursuant to § 67-6511A, Idaho Code. The development agreement shall include sufficient detail to demonstrate compliance with § IV of this Ordinance. IV. Standards. During the effective date of this Ordinance, no Development Approval for land within an affected area shall be granted unless it complies with the following standards: A. Consistency. The Development Approval must be consistent with the Framework For Developing A Countywide Land Use and Transportation Plan (Final Report) attached as Exhibit "B" to the Intergovernmental Agreement For Transportation and Land Use Planning adopted by Ada County, the Cities within Ada county, Ada County Highway District and the Idaho Transportation Department. Applicants must submit a detailed report of each applicable policy and how the proposal complies with the policy. AC11D•Mmucipal imerinf onlswwe skin copy (64530)18085300S / O 1olu 21.2004 5 B. Standards No Development approval shall be granted unless it complies with the following. 1. Mixed Uses a. An application that includes at least five (5) acres shall include at least one (1) residential use and one (1) commercial use. b. An application that includes at ten (10) acres shall include at least one (1) residential use and two (2) commercial uses. 2. Density a. The minimum density of the development site shall be at least six (6) dwelling units per acre. b. Commercial and mixed use buildings shall have a minimum height of at least two (2) stories. 3. Setbacks and Lot Design Buildings shall abut a public or private sidewalk or street, or shall be located within the maximum setback line from a public or private street established below: Building Form Dwelling, single-family Dwelling, multiple -family Commercial buildings 4. Building Design Maximum Setback Line (measured from front lot line) 30 feet 20 feet 15 feet a. Generally Buildings shall be oriented to the street. A building is "oriented to the street" where: (1) The setback standards established in subsection 3, above, are met. (2) Principal entrances to buildings face a street or open to a square, plaza, or sidewalk. The principal entrance does not open onto an off-street parking lot. (3) All street level uses with sidewalk frontage are furnished with an individual entrance and direct access to the ACIIO-Manic iracrim o kumx dm copy (64530)I1908115008 / Oaoba 21.2004 6 sidewalk in addition to any other access that may be provided. (4) Off-street parking does not lie between the building's principal entrance and the street. (5) Pedestrian access from the public sidewalk, street right-of- way or driveway to the principal structure is provided through a hard surface. b. Residential buildings Residential buildings shall include an entryway that either abuts the street, or that is connected to the street by a walkway. This section does not apply to mixed use buildings. c. Commercial or mixed use buildings Between fifty percent (50%) and ninety percent (90%) of the length and at least twenty- five percent (25%) of the surface of any street -facing facade shall consist of entryways or windows (including retail display windows). Where windows are used, they shall be transparent. All street level retail uses with sidewalk frontage shall be furnished with an individual entrance and direct access to the sidewalk in addition to any other access which may be provided. 5. Lot Design At least eighty percent (80%) of the lineal area between the minimum and maximum front setback must be occupied by buildings. a. Includes a street and pedestrian layout that enhances pedestrian walkability, distributes traffic to multiple points rather than a limited number of access points, and enhances the availability of transit. b. Promotes the principles of sustainable development as described in the environmental impact studies described below. 6. Parking Parking garages and parking areas shall not abut the front or street setback. Parking garages and parking areas may abut a property line along an alley, located between the principal building and an alley, or located on the first floor of a building that if the ground floor is occupied by storefronts that comply with all of the requirements of Section IV. B. ACHD•Muaicnpal auai.T onl.rce cksa g'y (6453011,90515033 / 0c10*e.21. 2004 7 7. Transportation Systems a. Blocks formed by public or private streets shall not exceed one - hundred fifty (150) feet in length. b. The development site shall include a pedestrian network that includes sidewalks. Every building or lot shall either abut a public sidewalk, or shall be connected to a public sidewalk by a pedestrian walkway. c. Trees shall be planted along all frontages. Tree planting shall comply with the following: Frontage type Frontages abutting a residential dwelling unit Frontages abutting a non- residential building or a mixed use building V. Impact Studies Location of tree Between the public sidewalk and the back of street curb. Same as above, or within the public sidewalk with a minimum 10 square feet of planting area. Spacing Minimum thirty (30) feet on center. Minimum fifty (50) feet on center. A. Applicability. No application for development approval subject to the provisions of this ordinance shall be accepted unless it is accompanied by an Impact Study that conforms to the requirements of this Section and is otherwise a complete application for all of the geographical boundaries of the entire project including all contiguous properties under the same ownership and includes all phases of the entire project. This section does not apply to any development approval within a Center or a Corridor unless it is a Planned Community. B. Contents. An Impact Study shall include a detailed statement of the following: 1. a description of the proposed development and its environmental setting; 2. the environmental impact of the proposed development including short-term and long-term effects; and 3. any adverse environmental effects which cannot be avoided should the proposal be implemented; and 4. alternatives to the proposed development; and ACH.Municipaluucruo°rai+unceckaacopy(64S30)1,9C28S008/Octoha21,2004 8 5. the relationship between local short-term uses of the environment and the maintenance and enhancement of the rural character; and 6. any irreversible and irretrievable commitments of resources which would be involved in the proposed development should it be implemented; and 7. the growth -inducing impacts of the proposed development; 8. A land evaluation and site assessment ("LESA") analysis for the preservation of agricultural land which has been in agricultural during the past ten (10) years. C. Format. The Impact Study shall include a statement of alternatives including the proposed action. The Impact Study shall describe the environmental impacts of the proposal and the alternatives in comparative form. In this section the applicant shall: 1. Objectively evaluate all reasonable alternatives, and for alternatives which were eliminated from detailed study, briefly discuss the reasons for their having been eliminated. 2. Describe each alternative considered in detail including the proposed action so that reviewers may evaluate their comparative merits. 3. Include reasonable alternatives that are not under the control of the applicant, with a detailed explanation of why the applicant cannot control the alternatives. 4. Identify the applicant's preferred alternative or alternatives, if one or more exists, in the draft statement and identify such alternative in the final statement unless another law prohibits the expression of such a preference. 5. Include appropriate mitigation measures not already included in the proposed action or alternatives. D. Plan consistency. The application shall include an analysis of whether it is consistent with the City's Comprehensive Plan and the purposes established in the Framework For Developing A Countywide Land Use and Transportation Plan attached to the adopted Intergovernmental Agreement as Exhibit "B." If any aspect of the proposed development is inconsistent with the Comprehensive Plan or Exhibit "B," the application shall include mitigation measures to ensure compliance with the Comprehensive Plan and/or Exhibit "B". E. Environmental Impact. 1. The Impact Study shall succinctly describe the environment of the area(s) to be affected or created by the alternatives under consideration. Data and analyses in a statement shall be commensurate with the importance of the ACNO-Maim ipal uxcrim ordinance ckm copy (6530) IA0115008 / Weber 2). 2004 9 impact, with Tess important material summarized, consolidated, or referenced. Technical information which would add unnecessary length to the discussion, but which is necessary to completely evaluate the environmental impacts of the project, shall be included in an Appendix. Applicants shall avoid useless bulk in statements and shall concentrate effort and attention on important issues. Verbose descriptions of the affected environment are themselves no measure of the adequacy of an Impact Study. 2. The discussion shall include the environmental impacts of the alternatives including the proposed action, any adverse environmental effects which cannot be avoided should the proposal be implemented, the relationship between short-term uses of the environment and the maintenance and enhancement of long-term productivity, and any irreversible or irretrievable commitments of resources which would be involved in the proposal should it be implemented. It shall include discussions of: a. Direct effects and their significance. b. Indirect effects and their significance c. Possible conflicts between the proposed development and the objectives of Federal, regional, State, and local land use plans, policies and controls for the area concerned. d. The environmental effects of alternatives including the proposed development. e. Energy requirements and conservation potential of various alternatives and mitigation measures. f. Natural or depletable resource requirements and conservation potential of various alternatives and mitigation measures. g. Rural quality, historic and cultural resources, and the design of the built environment, including the reuse and conservation potential of various alternatives and mitigation measures. h. Means to mitigate adverse environmental impacts. F. Traffic impacts The application shall include a traffic study consistent with § V of the Ada County Highway District Interim Ordinance, which is hereby incorporated by reference. If the application involves a subdivision, the traffic study shall be certified by the Ada County Highway District. G. Fiscal Impacts 1. All applications for a rezoning shall include a Fiscal Impact Study containing a comparison of the public revenues anticipated to be generated by the development and the anticipated capital, operations, maintenance and replacement costs for public facilities needed to service the project. ACHD.Municipal iotseim anlms circa copy (64SJO)U90tUS00E ! Qtober 21.2004 10 2. The Fiscal Impact Study shall identify measures to ensure that the proposed development does not create a net cost to the City City. H. Approval. No project shall be implemented for which an Impact Study has been certified which identifies one or more significant effects that would occur if the project is approved or carried out unless both of the following occur: 1. The Planning Board and/or City Council makes one or more of the following findings with respect to each significant effect: a. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment; or b. Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in the Impact Study. 2. With respect to significant effects which were subject to a finding under subsection 1, above, the Planning Board and/or Ada County -Beard -4 Commic^ieners City Council finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. VI. Notification. A. Notification Upon the effective date of this Ordinance, no application for a development approval shall be approved unless the applicant has first been notified of, and the applicable development approval has been stamped with language substantially similar to the following: "This development is subject to, and shall be required prior to and as a condition of final approval, to comply with all permanent Ordinances and regulations, including permanent zoning, subdivision, capital facility financing rates, charges, fees or taxes, right-of-way dedication or reservation, or other related police power ordinance and requirements that are in effect at the time of final development approval." ACIID-Mum..Oil interim mJw uc)rtnc1%(645301A Z85003/Ocnt6er21.2004 11 B. Legal Effect Any development approval with the conditional language cited in subsection A., above, during the term of the 00 shall obligate the applicant to perform in accordance with the conditions imposed. Failure to perform will result in invalidation of the development approval. In addition, the City may withhold, suspend or revoke a building permit or certificate of occupancy and/or take such other enforcement actions as may be authorized pursuant to the City Code. VII. Pending Ordinance Doctrine. In order to protect the public health, safety and welfare and to implement the planning objectives as set forth in the Intergovernmental Agreement and the Exhibit "B" Framework attached thereto, Comprehensive Plan and related documents, the City Council expressly invokes the Pending Ordinance Doctrine and directs the City Goanty Clerk to publish this Ordinance. VII. Appeals. An applicant may appeal any decision that denies or imposes a condition to a development approval. The appeal shall be filed within thirty (30) days after written notice of the action. The development approval shall be stayed during the pendency of the appeal. Section 2. Severability. The provisions of this Ordinance are hereby declared to be severable and if any provisions of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this Ordinance. Section 3. Effective Date. This Ordinance shall become effective upon its passage, approval and publication in the manner provided by law. PASSED by the City Council and APPROVED by the Mayor this day of 2004. Mayor ATTEST: City Clerk ACI(D•M..ieipil interim unlinana ckua tvpy (643301IAG145008 I0au6er 21.20W 12 SWAK-kale tC '&tuss),LI-L9 410(3 lw ClzaAnt f-?..astrvulk. 9tzd-e-/ *cc -I -- Exhibit "A": Interim Zoning Map Eatti-2-A. 'T>1 k,REE Key Interstate Major Arteriai Arterial ff4, 60! IC" \ , 4 1 :] Th rk.