HomeMy WebLinkAboutInterim Devel. OrdinancesPage 1 of 1
Will Berg
From: Karen Doherty [kdoherty@dohertyeng.com]
Sent: Thursday, December 16, 2004 2:25 PM
To: 'Chad Bell'; 'Will Berg'; 'David Bieter ; 'Keith Bird'; 'Vern Bisterfeldt'; 'David Bivens ; 'Diana Cavigliano';
'Dustin Christopherson ; 'Elaine Clegg ; 'Sean Conklin'; 'Tammy Weerd'; 'Karen Doherty'; 'Christine Donnell';
'Scott Dowdy'; 'Susan S. Eastlake ; 'David Eberle'; 'David Ekern'; 'Ted Ellis'; 'Tom Erlebach'; 'John Evans';
'Kelli Fairless'; 'Wayne S. Forrey'; 'John Franden'; 'Robert Freilich ; 'Mary Gabriel'; 'Peggy Gardner'; 'Steve
Guerber'; ?racy Hall'; 'Sheri Horton'; 'Linda Ihli'; 'Zella Johnson'; 'Mary Ann Jordan'; 'Jeff Lang'; 'Michael J.
Lauer, AICP'; 'Dee Mahaffey'; 'Jerome Mapp ; 'Tammy McDaniel'; 'Nancy Merrill'; 'Nathan Mitchell'; 'Jerry
Nielson ; 'Colleen Nixon'; 'Scott Nordstrom'; 'Dean Obray ; 'Traci Osborn'; 'Judy Peavey-Derr'; 'Steve Price';
'Craig Quintana'; 'Jade Riley'; 'Charlie Rountree'; 'Lynne Sedlacek'; 'Alan Shealy'; 'Barbara Skopec'; 'Susan
Slaughter'; 'Matt Stoll'; 'Dave Szplett'; 'Fred Tilman'; 'Charles Trainor'; 'Cathy Ward'; 'Shaun Wardle'; 'Kandy
Weaver'; 'Phil) Worth'; 'David E. Wynkoop ; 'Rick Yzaguirre'
Cc: 'Heather Carroll ; 'Karen Doherty'; 'Eric Hackett'; 'Christina Nemec'
Subject: Blueprint for Good Growth: Interim Development Ordinances
Please find the attached Interim Development Ordinances that were discussed at this morning's Consortium meeting. The
tracked changes are not displayed in the documents. I will be distributing these newer versions to both the Steering and
Technical Committees per your direction.
Thanks,
Karen Doherty, P.E.
Project Coordinator
Blueprint for Good Growth
www.blueprintforgoodgrowth.com
email kdoherty@dohertyeng.com
c/o Doherty & Associates, Inc.
575 E Parkcenter Blvd, Suite 200
Boise, ID 83706
ph (208) 336-0420
fax (208) 336-2407
cell (208) 863-2746
website www.dohertyeng.com
12/16/2004
ADA COUNTY INTERIM DEVELOPMENT ORDINANCE
8-9-1 Generally .............................................................................................................2
8-9-2 Applicability ..................................................................................................... ..6
8-9-3 Development Review Within Affected Areas .................................................. .. 8
8-9-4 Standards ........................................................................................................... ..9
8-9-5 Impact Studies ................................................................................................... 12
8-9-6 Notification ....................................................................................................... 15
8-9-7 Pending Ordinance Doctrine ............................................................................. 16
8-9-8 Appeals ............................................................................................................. 16
Exhibit A: Interim Zoning Map ........................................................................................ 18
ORDINANCE NO.
A ZONING ORDINANCE TEXT AMENDMENT TO TITLE 8 OF THE ADA
COUNTY CODE TO ESTABLISH INTERIM DEVELOPMENT STANDARDS AND
PROCEDURES DURING THE PREPARATION OF THE ADA COUNTYWIDE
TRANSPORTATION AND LAND USE GUIDE PLAN.
Whereas, Ada County ("County") is participating in the preparation of the Ada
Countywide Transportation and Land Use Guide Plan (hereinafter the "Guide Plan");
and during the preparation of the Guide Plan, the County has determined that it is
essential to assure that: (a) adequate transportation capacity exists for all development
approvals until the Guide Plan has been completed and considered for incorporation into
the County's comprehensive plan and land development regulations and (b) that the Ada
County Highway District be authorized to review development approval applications for
adequate transportation capacity; and (c) that applicants for development approval are
hereby placed on notice that each development approval requires a separate application
which shall be considered under the land development regulations in existence at the time
each subsequent application is submitted.
Whereas, the Guide Plan is being prepared pursuant to an Intergovernmental Agreement
entered into by and between Ada County, the incorporated cities within Ada County, the
Ada County Highway District; and the Idaho Transportation Department; and
Whereas, the Board of Commissioners finds that the Guide Plan is being prepared in part
for its county land use jurisdiction, and
Whereas, the Board of Commissioners finds that the provisions of this Ordinance were
prepared pursuant to § 67-6524, Idaho Code,
65275.doc90885008iDecember 16, 2004 1
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA
COUNTY, IDAHO, THAT TITLE 8 OF THE ADA COUNTY CODE, AS ADOPTED
BY ORDINANCE NO. 391 IS HEREBY AMENDED AS FOLLOWS:
SECTION 1: Title 8 of the Ada County Code is hereby amended by adding a new
Chapter 9 thereto as follows:
8-9-1 Generally
A. Title
This Ordinance shall be known as the "Interim Development Ordinance" ("IDO")
B. Definitions
1. The words and terms used in this Chapter are as defined in § 8-lA, unless
a different meaning is provided in subsection B.2., below.
2. Words and terms in this Chapter are defined as follows:
a. ACHD: The Ada County Highway District
b. Affected Area: Any development approval within the
unincorporated area of the County including designated areas of
the city impact.
c. Application: any application for Development Approval.
d. Cumulative Effect: the incremental effects of projects
cumulatively considered including built projects, pipeline projects
that are approved but not built out, the effects of other current
pending projects, and the effects of probable future projects.
e. Development Approval: approval of (1) an amendment of a
zoning ordinance provision or map (rezoning), including base,
planned community base, and overlay districts; (2) a residential or
non-residential conditional or special use permit or exception; (3)
a preliminary subdivision plat; (4) a final subdivision plat; (5) a
planned community; (6) anon-residential site plan; (7) a
comprehensive plan amendment; (8) or a building permit. A
separate individual application must be filed for each of these
eight (8) development approval types at the appropriate stage of
the development approval process and each development
approval and the application for it are separate and distinctive
from any other development approval type. An applicant for
development approval shall only have a right to utilize the
existing land development regulations for the specific application
65275.doc90885008/December 16, 2004 2
being filed and shall comply with the land development
regulations existing at the time of any subsequent development
approvals.
f. Effects. "Effects" and "impacts" as used in this Chapter are
synonymous. Effects include: (1) direct or primary effects which
are caused by the project and occur at the same time and place;
and/or (2) indirect or secondary effects which are caused by the
project and are later in time or further removed in time, but
reasonably foreseeable. Indirect or secondary effects may include
growth-inducing effects and other effects related to induced
changes in the pattern of land use, population density, or growth
rate, and related effects on air and water and other natural
systems, including ecosystems. Effects analyzed under this
Chapter must be related to a physical change.
g. Feasible: capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
fiscal, environmental, social, and technological factors.
h. Final Order: any final determination issued by the Board or other
appropriate agency, commission or official pursuant to §8-7-7 for
which the period for appeal to the district court has expired, or an
order of the district court or court of appeals after all avenues for
appeal have been exhausted.
i. Guide Plan: the Ada Countywide Transportation and Land Use
Guide Plan that is currently being prepared pursuant to the
Intergovernmental Agreement between Ada County, Cities within
Ada County, the Ada County Highway District and the Idaho
Transportation Department.
j. ITD: the Idaho Transportation Department.
k. Transportation Impact Study: A detailed report setting forth the
matters specified in § 8-9-5. The purpose of an Impact Study is
to provide the applicant, County decisionmakers, ACHD, any city
for applications located within a city impact area, ITD and other
state agencies, COMPASS, and the general public with detailed
information about the effects which a proposed project is likely to
have and to list methods by which the significant transportation
effects of such a project might be mitigated or minimized; and to
indicate alternatives to such a project.
1. Impacts. See Effects.
65275.doc90885008/December 16, 2004 3
m. Interim Development Ordinance ("IDO"): Title 8, Chapter of the
n. p~ehat(i~l~ti~inai~stitute: (1) subdivision
regulations; (2) the zoning ordinance; (3) all ordinances
establishing fees; or (4) all regulations affecting the public health,
safety, welfare and environment.
o. Planned Community Base District: any "planned community base
p. ~istj>oct" e~nalni>~c~~~hat requires a development
approval.
q. Reviewing Agency: the Board of Commissioners, Planning
Commission, Board or Official that reviews an application for
r. B~~fi13~pr~,d3lisai2jautG;orttt~a6uld~b~~i~-d~cing a
line or point which are owned by the same person, corporation,
partnership, association or trust, or in which 5% or more of each
ownership interest is held by the same person, corporation,
association, partnership, association or trust.
s. Subdivision Regulations: Title 8, Chapter 6 of the County Code
and the Ada County Highway District Policy Manual and Interim
Development Ordinance.
t. Zoning Ordinance: Title 8 of the County Code.
8-9-2 Applicability.
A. Term of Ordinance.
This Ordinance shall remain in effect for twelve (12) months after its effective date or to
the date of adoption of a permanent County Zoning ordinance amendment implementing
the provisions of the adopted Guide Plan, whichever is earlier.
B. ACHD Review and Recommendations.
This ordinance confers upon ACHD authority to review and recommend approval,
approval with conditions, or denial of any development approval application in the
County's unincorporated area including designated areas of city impact in accordance
with the transportation level of service and traffic impact studies required in ACHD
adopted Ordinances. Referral to ACHD by the County shall be required of County staff
upon receipt by the County of any application for development approval as defined in this
65275.doc90885008iDecember l6, 2004 4
Ordinance or Policy Manual. Final determination of development approval shall remain
with the County.
D. Exemptions
This Chapter does not apply to the following:
a use or development for which only a single residential building permit or
certificate of occupancy is required; or
2. 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 lots;
4. any porch, deck, family room or garage that is accessory to a residential
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
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 ofpre-existing
residential dwelling units and/or no increase in the square footage of pre-
existing non-residential development.
65275.doc90885008/December 16, 2004
8-9-3 Development Approval Within Affected Areas.
A. Applicability
Every application for development approval within the same ownership and within the
unincorporated area of the County including designated areas of city impact, shall
comply with the procedural requirements of this section established in this Chapter and
any other applicable requirement of this Title.
B. Contents of Application
An application for development approval shall consist of the following:
a. The materials required for the underlying application;
b. The Transportation Impact Study required by § 8-9-5; and
c. An affidavit demonstrating conformance with the informational
mailing requirements of this Chapter.
2. No application shall be deemed complete unless it includes the following
for the entire development site, including all phases of development:
a. All information required by this Chapter;
b. All information normally required for the application;
All information required by a city for land within a city impact
area; and
d. All information required by ACRD in its Policy Manual or
Ordinances for compliance with adequate transportation facilities
based on adopted level of service standards.
C. Notice of public hearing
1. The Planning and Zoning Commission shall submit a report and
recommendation to the Board of Commissioners for any application for a
development approval within the unincorporated area of the County
including designated areas of city impact subject to this IDO.
2. The Planning and Zoning Commission shall conduct a public hearing
using the procedures established in § 67-6509, Idaho Code. The Director
of Planning shall submit a recommendation to the Planning and Zoning
65275.doc90885008/December I6, 2004 6
Commission as to whether the application complies with this Chapter and
any other applicable requirements of this Title. The Planning and Zoning
Commission shall submit a recommendation to the Board of
Commissioners that the application be approved, approved with
conditions, or denied. The Board of Commissioners shall not render a
decision on the application until the Planning Commission has submitted
its recommendation. The hearing required by this section maybe
combined with any other Planning and Zoning Commission hearing that is
required for the development approval.
D. Required findings for approval
Prior to approving an application for a development approval, the' Board of
Commissioners shall find that the application complies with the standards established in
this Chapter. Every application for development approval shall be referred to ACHD for
its recommendation as to whether the project has adequate transportation access and
capacity and is in compliance with adequate transportation facilities based on adopted
level of service standards in ACHD's Interim Development Ordinance or Policy Manual.
The application for development approval shall be either approved, approved with
conditions or denied in whole or in part taking into account the findings of the Planning
and Zoning Commission andACHD.
E. Development Agreement
An application for development approval maybe approved with the condition that a
development agreement be adopted between the County and the applicant pursuant to §
67-6511 A, Idaho Code. The development agreement may incorporate the mitigation
measures agreed to by the applicant or recommended by ACHD, the Planning and Zoning
Commission and County staff.
F. Appeals
Any action relating to an application for a development approval pursuant to this Chapter
maybe appealed as provided in § 8-7-7 of this Chapter.
8-9-4 Standards.
An application for a development approval within an affected area shall be subject to the
following requirements:
A. Consistency.
All such Development Approvals shall be consistent with the County's Comprehensive
Plan.
65275.doc90885008/December 16, 2004 7
B. Adequate transportation facilities and services
All such Development Approvals shall take into consideration, in the absolute discretion
of the Board of Commissioners, ACHD's recommendations concerning adequate
transportation access and capacity, and adequate transportation facilities and services at
the time of development, in accord with the adopted level of service standard for the
roadway system in ACHD Ordinances and/or Policy Manual.
8-9-4 Transportation Impact Study
A. Applicability.
No application fora development approval in an Affected Area subject to the provisions
of this Ordinance shall be accepted unless it is accompanied by a Transportation Impact
Study that conforms to the requirements of this Section and is otherwise a complete
application for the entire project including all contiguous properties under the same
ownership and includes all phases of the entire project.
B. Alternatives.
The Transportation Impact Study shall include a statement of transportation alternatives
and mitigation measures including the proposed action. 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;
65275.doc90885008/December 16, 2004 8
5. Include appropriate mitigation measures not already included in the
proposed action or alternatives; and
6. Be prepared on the forms required by ACHD consistent with ACHD's
policy manual and ordinances.
C. Approval.
No project shall be approved for which a Transportation Impact Study has been certified
which identifies one or more significant effects that would occur if the project is
approved or carried out unless the Board of Commissioners determines in written
findings of fact that the following standards have been complied with:
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant effects on the
environment; or
2. Specific economic, legal, social, technological, or other
considerations, override and make infeasible the mitigation
measures or alternatives identified in the Impact Study.
3. Any finding under this section shall require substantial evidence to
support it in the record.
8-9-5 Notification.
A. Notification.
Upon the effective date of this Ordinance, no application for development approval, nor
grading permit shall be approved by the Ada County Board of Commissioners, the
Planning Commission, County staff, the Ada County Highway District, the Building
Inspector or any other County official until the applicable permit, plan, subdivision or
plat has been stamped with the following language:
"This project is subject to, and shall be required as a condition of any 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 regulations that are in effect at the time of any
subsequent for development approval required for the project."
65275.doc90885008/December 16, 2004 9
B. Legal Effect.
Any development approval, building or grading permit approved with the conditional
language set out in subsection A., above, during the term of the IDO shall obligate the
applicant to perform in accordance with the conditions imposed. Failure to perform will
result in invalidation of the development approval or permit. In addition, the Board of
Commissioners may withhold, suspend or revoke a certificate of occupancy or building
permit and/or take such other enforcement actions as maybe authorized pursuant to the
Zoning Ordinance or Subdivision Regulations, including injunctive or other equitable
relief.
8-9-7 Pending Ordinance Doctrine.
In order to protect the public health, safety and welfare and to implement the planning
objectives of the County as set forth in the Comprehensive Plan and related documents,
the Ada County Board of Commissioners expressly invokes the Pending Ordinance
Doctrine and directs the County Clerk to publish this Ordinance.
8-9-8 Appeals.
An applicant may appeal any decision that denies or imposes a condition to a permit
pursuant to section 8-7-7 of this chapter. The appeal shall be filed within 30 (thirty) days
after written notice of the action.
PASSED AND APPROVED by the Board of Ada County Commissioners this day of
2004.
BOARD OF COUNTY COMMISSIONERS
Judy M. Peavey-Derr, Chairman
Rick Yzaguirre, Commissioner
Fred Tilman, Commissioner
ATTEST:
J. David Navarro, Ada County Clerk
PUBLISHED: , 2004
65275.doc90885008/December I6, 2004 1 O
Exhibit A: Interim Zoning Map
65275.doc90885008/December 16, 2004 1 1
CITY OF INTERIM DEVELOPMENT ORDINANCE
- 1 Generally .................:........................................................................................... 2
- 2 Applicability ..............:................................................................................ 6
- 3 Development Approval Within Affected Areas ............................................. 8
- 4 Standards ....................................................................................................... 10
8-9-4 Transportation Impact Study ............................................................................. 13
8-9-5 Notification .......................................................................................................16
8-9-7 Pending Ordinance Doctrine ............................................................................. 16
8-9-8 Appeals .............................................................................................................17
Exhibit A: Interim Zoning Map ........................................................................................ 18
ORDINANCE NO.
A ZONING ORDINANCE TEXT AMENDMENT TO THE CITY OF
CODE TO ESTABLISH INTERIM DEVELOPMENT STANDARDS AND
PROCEDURES DURING THE PREPARATION OF THE ADA COUNTYWIDE
TRANSPORTATION AND LAND USE GUIDE PLAN.
Whereas, ("City") is participating in the preparation of the Ada Countywide
Transportation and Land Use Guide Plan (hereinafter the "Guide Plan"); and during the
preparation of the Guide Plan, the City has determined that it is essential to assure that:
(a) adequate transportation capacity exists for all development approvals until the Guide
Plan has been completed and considered for incorporation into the City's comprehensive
plan and land development regulations and (b) that the Ada County Highway District be
authorized to review development approval applications for adequate transportation
capacity; and (c) that applicants for development approval are hereby placed on notice
that each development approval requires a separate application which shall be considered
under the land development regulations in existence at the time each subsequent
application is submitted.
Whereas, the Guide Plan is being prepared pursuant to an Intergovernmental Agreement
entered into by and between Ada County, the incorporated cities within Ada County, the
Ada County Highway District; and the Idaho Transportation Department; and
Whereas, the City Council finds that the Guide Plan is being prepared in part for its land
use jurisdiction and for the City's designated areas of impact;
65274.doc/90885008iDecember 16, 2004 1
Whereas, the City finds that the provisions of this Ordinance were prepared pursuant to §
67-6524, Idaho Code,
BE IT ORDAINED BY THE CITY AS FOLLOWS
SECTION 1: The City Code is hereby amended by adding a new Chapter
thereto as follows:
- 1 Generally
A. Title
This Ordinance shall be known as the "Interim Development Ordinance" ("IDO")
B. Definitions
1. The words and terms used in this Chapter are as defined in the City Code
unless a different meaning is provided in subsection B.2., below.
2. Words and terms in this Chapter are defined as follows:
a. ACHD: The Ada County Highway District
b. Affected Area: any development within the City's jurisdiction or
a designated area of City impact.
c. Application: any application for Development Approval.
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), including the following as
designait~vhla$~SD~~f~~i~~, 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)
65274.doci90885008iDecember 16, 2004 2
e. Cumulative Effect: the incremental effects of projects
f. ~ata~p~i~>~ClagQl~d~l9~i~~j pno~¢~c~i}~aifit~larojects
t~tia~ed ~i~~rielclni~lR rn~lp i(~e~n~)thelrc~ir~,
~di~gr~j~~e~i (t~aef~~mlfi~drobad~fa~aale~.tie~ ects.
conditional or special use permit or exception; (3) a preliminary
subdivision plat; (4) a final subdivision plat; (5) a planned
community PUD; (6) anon-residential site plan; (7) a
comprehensive plan amendment; (8) or a building permit. A
separate individual application must be filed for each of these
eight (8) development approval types at the appropriate stage of
the development approval process and each development
approval and the application for it are separate and distinctive
from any other development approval type.
g. Effects. "Effects" and "impacts" as used in this Chapter are
synonymous. Effects include: (1) direct or primary effects which
are caused by the project and occur at the same time and place;
and/or (2) indirect or secondary effects which are caused by the
project and are later in time or further removed in time, but
reasonably foreseeable. Indirect or secondary effects may include
growth-inducing effects and other effects related to induced
changes in the pattern of land use, population density, or growth
rate, and related effects on air and water and other natural
systems, including ecosystems. Effects analyzed under this
Chapter must be related to a physical change.
h. Feasible: capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
fiscal, environmental, social, and technological factors.
i. Final Order: any final determination issued by the City Council or
other appropriate agency, commission or official for which the
period for appeal to the district court has expired, or an order of
the district court or court of appeals after all avenues for appeal
have been exhausted.
j. Guide Plan: the Ada Countywide Transportation and Land Use
Guide Plan that is currently being prepared pursuant to the
Intergovernmental Agreement between Ada County, Cities within
65274.doc/90885008/December 16, 2004
Ada County, the Ada County Highway District and the Idaho
Transportation Department.
k. ITD: the Idaho Transportation Department.
1. Transportation Impact Study: A detailed statement setting forth
the matters specified in 5. The purpose of an Impact
Study is to provide the applicant, City decisionmakers, ACHD,
any city for applications located within a city impact area, ITD
and other state agencies, COMPASS, and the general public with
detailed information about the transportation effects which a
proposed project is likely to have and to list methods by which
the significant effects of such a project might be mitigated or
minimized; and to indicate alternatives to such a project.
m. Impacts. See Effects.
n. Interim Development Ordinance ("IDO"): (this Ordinance).
o. 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] .
p. Land development regulations constitute: (1) subdivision
regulations; (2) the zoning ordinance; (3) all ordinances
establishing fees; or (4) all regulations affecting the public health,
safety, welfare and environment.
q. Project: Any change in land use that requires a development
r. ~1ng Agency: the City Council, Planning Commission,
Board or Official that reviews an application for development
s. e~nership: 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
ownership interest is held by the same person, corporation,
association, partnership, association or trust.
t. Subdivision Regulations: Title of the City Code and the
Ada County Highway District Policy Manual and Ordinances.
u. Zoning Ordinance: Title of the County Code.
65274.doc/90885008/December 16, 2004 4
- 2 Applicability.
A. Term of Ordinance.
This Ordinance shall remain in effect for twelve (12) months after its effective date or to
the date of adoption of a permanent City Zoning ordinance amendment implementing the
provisions of the adopted Guide Plan, whichever is earlier.
B. ACHD Review and Recommendations.
This ordinance confers upon ACRD authority to review and recommend approval,
approval with conditions, or denial of any development approval application within the
City's jurisdiction including designated areas of city impact in accordance with the
transportation level of service and traffic impact studies required in ACHD adopted
Ordinances and this IDO. Referral to ACHD by the City shall be required of City staff
upon receipt by the City of any application for 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:
a use or development for which only a single residential building permit or
certificate of occupancy is required; or
2. 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 lots;
4. any porch, deck, family room or garage that is accessory to a residential
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
walls or fences; or
65274.doc/90685008/December l6, 2004
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 ofpre-existing
residential dwelling units and/or no increase in the square footage of pre-
existing non-residential development.
- 3 Development Approval Within Affected Areas.
A. Applicability
Every application for development approval within the same ownership and within the
City's jurisdiction and designated areas of city impact, shall comply with the procedural
requirements of this section established in this Chapter and any other applicable
requirement of this Title.
B. Contents of Application
1. An application for development approval shall consist of the following:
a. The materials required for the underlying application;
b. The Transportation Impact Study required by § -5; and
c. An affidavit demonstrating conformance with the informational
mailing requirements of this Chapter.
2. No application shall be deemed complete unless it includes the following
for the entire development site, including all phases of development:
a. All information required by this Chapter;
b. All information normally required for the application;
c. All information required by the county for land within a city
impact area; and
d. All information required by ACHD in its Policy Manual or
Ordinances for compliance with adequate transportation facilities
based on adopted level of service standards.
65274.doc/90885008iDecember 16, 2004 6
C. Notice of public hearing
The Planning and Zoning Commission shall submit a report and
recommendation to the City Council for any application for a development
approval within the City's jurisdiction including designated areas of city
impact subject to this IDO.
2. The Planning and Zoning Commission shall conduct a public hearing
using the procedures established in § 67-6509, Idaho Code. The Director
of Planning shall submit a recommendation to the Planning and Zoning
Commission as to whether the application complies with this Chapter and
any other applicable requirements of this Title. ACHD and the Planning
and Zoning Commission shall submit recommendations to the City
Council that the application be approved, approved with conditions, or
denied. The City Council shall not render a decision on the application
until ACHD and the Planning Commission have submitted
recommendations. The hearing required by this section maybe combined
with any other Planning and Zoning Commission hearing that is required
for the development approval.
D. Required findings for approval
Prior to approving an application for a development approval, the City Council shall find
that the application complies with the standards established in this Chapter. Every
application for development approval shall be referred to ACHD for its recommendation
as to whether the project has adequate transportation access and capacity and is in
compliance with adequate transportation facilities based on adopted level of service
standards in ACHD's Ordinances or Policy Manual. The application for development
approval shall be either approved, approved with conditions or denied in whole or in part
taking into account the findings of the Planning and Zoning Commission andACHD.
E. Development Agreement
An application for development approval maybe approved with the condition that a
development agreement be adopted between the City and the applicant pursuant to § 67-
6511 A, Idaho Code. The development agreement may incorporate the mitigation
measures agreed to by the applicant or recommended by ACHD, the Planning and Zoning
Commission and City staff.
65274.doc/90885008/December l6, 2004 '7
F. Appeals
Any action relating to an application for a development approval pursuant to this Chapter
maybe appealed as provided in the City Code.
- 4 Standards.
An application for a development approval within an affected area shall be subject to the
following requirements:
A. Consistency.
All such Development Approvals shall be consistent with the City's Comprehensive Plan.
B. Adequate transportation facilities and services
All such Development Approvals shall take into consideration, in the absolute discretion
of the City Council, ACHD's recommendations concerning adequate transportation
access and capacity, and adequate transportation facilities and services at the time of
development, in accord with the adopted level of service standard for the roadway system
in ACHD Ordinances and/or Policy Manual.
8-9-4 Transportation Impact Study
A. Applicability.
No application for a Planned Community development approval in an Affected Area
subject to the provisions of this Ordinance shall be accepted unless it is accompanied by a
Transportation Impact Study that conforms to the requirements of this Section and is
otherwise a complete application for the entire project including all contiguous properties
under the same ownership and includes all phases of the entire project.
65274.doc,~90865008iDecember l6, 2004
B. Alternatives.
The Impact Study shall include a statement of transportation alternatives and mitigation
measures including the proposed action. 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; and
6. Be prepared on the forms required by ACRD consistent with ACHD's
policy manual and ordinances.
C. Approval.
No project shall be approved for which a Transportation Impact Study has been certified
which identifies one or more significant effects that would occur if the project is
approved or carried out unless the City Council in written findings of fact that the
following standards have been complied with:
1. Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant effects on the
environment; or
2. Specific economic, legal, social, technological, or other
considerations, override and make infeasible the mitigation
measures or alternatives identified in the Impact Study.
3. Any finding under this section shall require substantial evidence to
support it in the record.
65274.doc/90885008/December 16, 2004 9
8-9-5 Notification.
A. Notification.
Upon the effective date of this Ordinance, no application for development approval, nor
any or grading permit shall be approved by the Ada County Board of Commissioners, the
Planning Commission, County staff, the Ada County Highway District, the Building
Inspector or any other County official until the applicable permit, plan, subdivision or
plat has been stamped with the following language:
"This project is subject to, and shall be required as a condition of any 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 regulations that are in effect at the time of any
pplication for development approval required for the project."
B. Legal Effect.
Any development approval, building or grading permit approved with the conditional
language set out in subsection A., above, during the term of the IDO shall obligate the
applicant to perform in accordance with the conditions imposed. Failure to perform will
result in invalidation of the development approval or permit. In addition, the City
Council may withhold, suspend or revoke a certificate of occupancy or building permit
and/or take such other enforcement actions as maybe authorized pursuant to the Zoning
Ordinance or Subdivision Regulations, including injunctive or other equitable relief.
8-9-7 Pending Ordinance Doctrine.
In order to protect the public health, safety and welfare and to implement the planning
objectives of the City as set forth in the Comprehensive Plan and related documents, the
City Council expressly invokes the Pending Ordinance Doctrine and directs the City
Clerk to publish this Ordinance.
8-9-8 Appeals.
An applicant may appeal any decision that denies or imposes a condition to a permit
pursuant to the City Code. The appeal shall be filed within 30 (thirty) days after written
notice of the action.
PASSED AND APPROVED by the City Council this day of , 2004.
65274.doc/90885008/December 16, 2004 1 O
ATTEST:
J. David Navarro, Ada County Clerk
PUBLISHED: , 2004
MAYOR
65274.doci90885008/December 16, 2004 q 1
Exhibit A: Interim Zoning Map
65274.doc/90885008/December 16, 2004