HomeMy WebLinkAboutMember Agency Mtg 11/18/04Will Berg
From: Karen Doherty [kdoherty~dohertyeng.com]
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Subject: Blueprint for Good Growth -Member Agency Meeting November 18
Importance: High
memb_agency_111
804.pdf
Please plan to attend the Blueprint for Good Growth Member Agency Meeting on
Thursday, November 18 at 7:30 AM at ACRD. The agenda is attached. Please
RSVP by close of business on Tuesday (Nov 16) to kdoherty@dohertyeng.com or
336-0420.
This week is a busy week for our project team. Your presence at one of the
scenario workshops on Wednesday, November 17 is critical and I challenge
each of you to attend. The Ada County workshops will be
held as follows:
Wednesday, Nov. 17
9 a.m. to noon or 6 to 9 p.m.
Best Western Vista Inn at the Airport
(Rocky Mountain Conference Center)
2645 Airport Way, Boise
Please contact us if you have any questions.
Respectfully,
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
Countywide Land Use and Transportation Guide Plan
AGENDA
Member Agency Meeting - ACHD Auditorium
Thursday, November 18, 2004 7:30 A.M. to 9:00 A.M.
1. Summary of Scenarios Workshops Michael Lauer 7:30 A.M.
Michael will review the November 7 7 scenario workshops.
2. Proposed Interim Ordinances Discussion* Dr. Robert Freilich 7:45 A.M.
Robert will discuss the proposed Interim Development Ordinances. Three draft ordinances have
been developed fo date - General City, Ada County, and A CHD.
3. Upcoming Meeting Dates Doherty & Associates 8:45 A.M.
* Attachments are included in the transmittal for this item. **All times are approximate.
Blueprint for Good Growth - c% Doherty & Associates - 575 E. Parkcenter Blvd, Suite 200 -Boise, ID 83706
Business (208) 336-0420 -Fax (208) 336-2407 -Email kdohertvCa~dohertvenp.com
www.blueprintforgoodgrowth.com
CITY OF
INTERIM DEVELOPMENT ORDINANCE
I. Generally .................................................................................................................:...1
II. Applicability ...............................................................................................................4
III. Development Review .............................................................................................. 5
IV. Standards .................................................................................................................5
VI. Notification ...........................................................................................................11
VII. Pending Ordinance Doctrine ................................................................................. 11
VII. Appeals .................................................................................................................12
Exhibit ttAtt: 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".
ACf~-Mmicipal interim ordinance clean copy #2 1 I-10-04.DOC/90885008 /November 9, ?004 1
B. Definitions
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 ('/) 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. Major arterial streets and
interstate highways 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 (1) within a commercial or industrial zoning
district, one-quarter (1/) of a mile (1,320 feet) of the right of way
of a Major Arterial Street or Interstate Highway, or (2) for a
residential zoning district, 250 feet of the right of way 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
recreational vehicle.
ACRD-Municipal interim ordinance clean copy #2 11-10-04.DOC/90885008 /November 9, 2004 2
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.
i. 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.
k. Interim Development Ordinance: Title _, Chapter _ of the
City Code.
1. 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
(25) 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
ownership interest is held by the same person, corporation,
association, partnership, association or trust.
s. Storefront: That portion of the ground floor of anon-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
ACRD-Municipal interim ordinance clean copy #? l 1-10-04.DOC/90885008 /November 9, ?004
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 ACHD 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:
uses or developments for which only a 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 asingle-family
dwelling;
home occupations, whether or not a use and occupancy permit is required;
or
ACID-Municipal interim ordinance clean copy #2 11-10-04.DOC/90885008 /November 9, 2004 A
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 ofpre-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.
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.
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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 Maximum Setback Line
measured from front lot line
Dwellin ,sin le-famil 30 feet
Dwellin ,multi le-famil 20 feet
Commercial buildin s 15 feet
4. Building Design
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
sidewalk in addition to any other access that maybe
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.
ACFID-Municipal interim ordinance clean copy #2 11-10-04.DOC/90885008 /November 9, 2004 L
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.
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.
ACRD-Municipal interim ordinance clean copy #2 I I-10-04.DOC/90885008 /November 9, 2004
c. Trees shall be planted along all frontages. Tree planting shall
comply with the following:
Fronta e e Location of tree S acin
Frontages abutting a Between the public sidewallc and the Minimum thirty (30)
residential dwellin unit back of street curb. feet on center.
Frontages abutting anon- Same as above, or within the public Minimum fifty (50)
residential building or a sidewalk with a minimum 10 square feet on center.
mixed use buildin feet of lantin area.
V, Impact Studies
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.
B. Confents.
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
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. Aland evaluation and site assessment ("LESA") analysis
for the preservation of agricultural land which has been in
agricultural during the past ten (10) years.
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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. Environmentallmpact.
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
impact, with less 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.
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
ACRD-Municipal interim ordinance clean copy #2 l 1-10-04.DOC/90885008 /November 9, ?004
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 o£
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 lmpacfs
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
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.
2. The Fiscal Impact Study shall identify measures to ensure that the
proposed development does not create a net cost to the 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:
The Planning Board and/or City Council makes one or more of the
following fmdings with respect to each significant effect:
ACEID-Municipal interim ordinance clean copy #2 11-10-04.DOC/90885008 /November 9, ?004 1 O
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 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."
B. Legal Effect
Any development approval with the conditional language cited 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. 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
ACRD-Mwicipal interim ordinance clean copy #2 11-10-04.DOC/90885008 /November 9, ?004 1 1
Council expressly invokes the Pending Ordinance Doctrine and directs the City 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
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Exhibit "A": Interim Zoning Map
ACRD-Municipal interim ordinance clean copy #2 11-10-04.DOC/90885008 /November 9, 2004 13
ADA COUNTY INTERIM DEVELOPMENT ORDINANCE
8-9-1 Generally .....................................................................
8-9-2 Applicability ...............................................................
8-9-3 Development Review Within Affected Areas............
8-9-4 Standards .....................................................................
8-9-5 Impact Studies .............................................................
8-9-6 Notification .................................................................
8-9-7 Pending Ordinance Doctrine .......................................
8-9-8 Appeals .......................................................................
Exhibit A: Interim Zoning Map ..................................................
........................................ 2
........................................ 6
........................................ 7
........................................ 9
...................................... 11
........:............................. 14
...................................... 15
...................................... 15
...................................... 16
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 critical corridors, centers and planned communities being
considered pursuant to the Framework for the Guide Plan be protected and enhanced in
order to carry out the purposes of the Idaho enabling statutes for planning subdivision and
zoning and the adopted Framework.
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 fmds that the Guide Plan is being prepared in part
for its county land use jurisdiction, and
Whereas, the Board of Commissioners fmds that the provisions of this Ordinance were
prepared pursuant to § 67-6524, Idaho Code,
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 amended by adding a new Chapter 9
thereto as follows:
ACFID-IDO wunty #2 1 L 10-04.DOC/90885008Movember 9, 2004 1
8-9-1 Generally
A. Title
This Ordinance shall be known as the "Interim Development Ordinance" ("IDO")
B. Defmitions
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: all land in the unincorporated area of the County
including city areas of impact.
c. Agricultural land: any land used for farming, dairying, pasturage,
apiaries, horticulture, floriculture, or animal husbandry. The term
"agricultural land" includes any prime agricultural land,
agriculture or agricultural use, or farm, as defined in § 8-lA.
d. Application: any application for Development Approval.
e. Center: An area of radius of one quarter (1/4) of a mile around the
intersection of a Major Arterial, Arterial or Interstate Highway
with another Major Arterial, Arterial or Interstate Highway.
f. Corridor: an area (1) within a commercial or industrial zoning
district, one-quarter ('/) of a mile (1,320 feet) of the right of way
of a Major Arterial Street or Interstate Highway, or (2) for a
residential zoning district, 250 feet of the right of way of a Major
Arterial Street or Interstate Highway. Major Arterial Streets and
Interstate Highways are designated on the Interim Zoning Map.
g. 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
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)
• Development Approval: approval of
ACHD-IDO county #2 11-10-04.DOC/90885008INovember 9, 2004L
h. Commercial District: any "commercial base district" as
designated in § 8-2-1.
i. 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.
j. Development Approval: approval of (1) an or amendment of a
zoning ordinance provision or map (rezoning), including base and
overlay districts; (2) anon-residential conditional or special use
permit or exception; (3) subdivision; (4) planned community; (5)
non-residential site plan; or (6) comprehensive plan amendment.
k. Dwelling: A building, or portion thereof, containing one or more
dwelling units, including motels, hotels, inns, guest house, bed
and breakfast dwellings, rooming and boarding houses, or mobile
home rental park or subdivision. The term "dwelling" does not
include a recreational vehicle.
1. Dwelling, Multiple Family: A building, or portion thereof,
containing two (2) or more dwelling units including attached
single family townhouse units located on individual lots.
m. Dwelling, Single Family: A building designed for use and
occupancy by no more than one family.
n. 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.
o. 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.
p. Environment:physical conditions which will be affected by a
proposed development, including land, air, water, minerals,
floodplains, flora, fauna, and environmentally-sensitive land.
q. Environmentally Sensitive Lands: any palustrine nontidal
wetlands, steep and severe slopes in excess of fifteen percent
(15%), highly erodible soils, hydrologic soil, and the one hundred
(100) year floodplain.
ACRD-IDO county #2 l 1-10-04.DOC/90885008Movember 9, 2004
r. 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.
s. 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.
t. Framework: The Framework For Developing A Countywide
Land Use and Transportation Plan incorporated as Exhibit "B" in
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.
u. 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.
v. Impact Study: A detailed statement setting forth the matters
specified in § 8-9-5. The purpose of an Impact Study is to
provide the applicant, County decisionmakers, the Ada County
Highway District, any city for applications located within a city
impact area, the Idaho Transportation Department 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 effects of such a
project might be mitigated or minimized; and to indicate
alternatives to such a project.
w. Impacts. See Effects.
x. Industrial District: any "industrial base district" as designated in §
8-2-1.
y. Interim Development Ordinance ("IDO"): Title 8, Chapter of the
Ada County Code (this Ordinance).
z. 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].
aa. Land evaluation and site assessment ("LESA"): A decision
making methodology that assists public officials in making sound
decisions about agricultural and environmental land use, and
provides a technical framework to numerically rank land parcels
based on County resource evaluation and site considerations. The
detailed land evaluation procedure is in the "National Agricultural
Land Evaluation and Site Assessment Handbook, 310-IV. Issue
ACRD-IDO county #2 11-10-04.DOC/90885008Movember Q ?004 A
1" issued by NRCS (formerly SCS) February 3, 1983, and in
"Soil Potential Ratings", National Soil Survey Handbook, Section
621, issued by NRCS July 2001.
bb. Mixed Use Building: A building that includes both residential and
non-residential uses or occupants.
cc. Planned Community Base District: any "planned community base
district" as designated in § 8-2-1, or any development in excess of
one hundred gross acres of contiguous or adjacent land touching
along a line or point in the same ownership.
dd. Project: Any change in land use that requires development
approval.
ee. Residential District: any "residential base district" as designated
in § 8-2-1.
ff. Rural District: any "rural base district" as designated in § 8-2-1.
gg. Reviewing Agency: the Board of Commissioners, Planning
Commission, Board or Official that reviews an application for
development approval subject to title 8 of the County Code.
hh. 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
ownership interest is held by the same person, corporation,
association, partnership, association or trust.
ii. Significant effect: A substantial, or potentially substantial,
adverse change in the environment. An application has a
"significant effect on the environment" if any of the following
conditions exist: (1) the proposed project has the potential to
degrade the quality of the environment, curtail the range of the
environment, or to achieve short-term, to the disadvantage of
long-term, environmental goals; or (2) the possible effects of a
project are individually limited but cumulatively considerable
with regard to d(1) above.
jj. Subdivision Regulations: Title 8, Chapter 6 of the County Code
and the Ada County Highway District Policy Manual and Interim
Development Ordinance.
kk. Vested right shall mean a right to use land under Idaho statute or
judicial decision that is exempt from subsequent change in land
use regulations in effect at the time of application for
development approval.
11. Zoning Ordinance: Title 8 of the County Code.
ACRD-IDO county #2 l 1-10-04.DOC/90885008/November 9, 2004
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. Affected Area.
This Chapter applies only to development approvals as follows:
1. Any development approval concerning land located within a Center or
Corridor; or
2. Any 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 County shall be required of County staff upon receipt by the County of
any application for subdivision or development approval as defined in this Ordinance.
Final determination of development approval shall remain with the County.
D. Exemptions
This Chapter does not apply to the following even if located within an affected area:
uses or developments for which only a 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
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 asingle-family
dwelling;
home occupations, whether or not a use and occupancy permit is required;
or
ACHD-IDOcounrytK111-10-04.DOC/90885008Movember9,?004 6
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 ofpre-existing
residential dwelling units and/or no increase in the square footage of pre-
existing non-residential development.
8-9-3 Development Review Within Affected Areas.
A. Applicability
Every application for development approval within an affected area shall comply with the
standards 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 Impact Studies 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;
c. All information required by a city for land within a city impact
area; and
ACRD-IDO county #2 1 I-10-04.DOC/90885008/November 9, 2004
d. All information required by ACHD for compliance with adequate
transportation facilities based on adopted level of service
standards.
C. Notice of public hearing
The Planning and Zoning Commission shall submit a report and
recommendation for any application for a development approval 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. 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 may be
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 Planning and Zoning
Commission shall find that the application complies with the standards established in this
Chapter. Every application for development approval shall also be referred to Ada
County Highway District for its determination that the project is in compliance with
adequate transportation facilities based on adopted level of service standards.. The
application for development approval shall be either approved, approved with conditions
or denied in whole or in part taking into and be consistent the findings of the Planning
and Zoning Commission and Ada County Highway District.
E. Development Agreement
No application for development approval shall be approved unless it includes a
development agreement pursuant to § 67-6511 A, Idaho Code. The development
agreement shall include the mitigation measures agreed to by the applicant pursuant to
the impact studies described below.
F. Appeals
Any action relating to an application for a development approval pursuant to this Chapter
may be appealed as provided in § 8-7-7 of this Chapter.
ACEiD-m0 county #2 1 I-10-04.DOC/90885008/November 9, 2004
8-9-4 Standards.
No application for a development approval within an affected area shall be approved
unless it complies with the following standards:
A. Consistency.
All Development Approvals shall be consistent with the Framework For Developing A
Countywide Land Use and Transportation Plan attached to the Intergovernmental
Agreement as Exhibit "B". Applicants must submit a detailed report of each applicable
Framework policy and how the proposal complies with the Framework Policy.
B. Adequate transportation facilities and services
A Development Approval shall not be granted unless the Ada County Highway District
certifies that the application assures adequate transportation facilities and service in
accord with the adopted level of service standard for the roadway system.
C. Standards
The minimum density of the entire development site shall be at least (6) dwelling units
per acre. The applicant for development approval within an affected area must comply
with the following standards in addition to all requirements contained in the County's
Comprehensive Plan and Land Development Regulations (zoning, subdivision and
related ordinances) which are not in conflict with this Ordinance.
1. Mixed Uses and Density
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 least (2) commercial uses.
c. All residential uses shall have an average minimum gross density
of six (6) units per acre.
2. Setbacks and Lot Design
Buildings shall abut a public or private sidewalk and street, and shall be
located within the maximum setback line established below:
Building Form Maximum Setback Line
measured from front lot line
Dwellin ,sin le-famil 30 feet
Dwellin ,multi le-famil 20 feet
Commercial buildin s 15 feet
ACRD-IDO county #2 11-10.04.DOC/90885008Movember 9, ?004 n
3. Building Design
a. Generally. Buildings shall be oriented to the street. A building is
"oriented to the street" where all of the following are complied
with:
(1) The setback standards established in subsection 2, 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
sidewalk in addition to any other access that maybe
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.
a 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.
4. Lot Design
At least eighty percent (80%) of the lineal area between the minimum and
maximum front setback must be occupied by buildings. Commercial and
mixed use buildings shall have a minimum height of at least two (2)
stories.
ACRD-m0 county #2 l 1-10-04.DOC/90885008/November 9, 2004 1 O
5. 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 subsection 3, above.
6. 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 dedicated by easement or fee simple deed to
Ada County Highway District if abutting a public street. Every
building or lot shall either abut a public sidewalk, or shall be
connected to a public sidewallc by a pedestrian walkway.
c. Trees shall be planted along all frontages. Tree planting shall
comply with the following:
Fronta e e Location of tree S acin
Frontages abutting a Between the public sidewalk and the Minimum thirty (30)
residential dwellin unit back of street curb. feet on center.
Frontages abutting anon- Same as above, or within the public Minimum fifty (50)
residential building or a sidewalk with a minimum 10 square feet on center.
mixed use buildin feet of lantin area.
8-9-5 Impact Studies
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;
ACRD-m0 county #2 11-I0.04.DOC/90885008Movember 9, 2004 1 1
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
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. Aland 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 Ada County
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.
The Impact Study shall succinctly describe the environment of the area(s)
to be affected or created by the alternatives under consideration. Data and
ACFID-IDO county #2 I 1-10-04.DOG90885008Movember 9, 2004 1
analyses in a statement shall be commensurate with the importance of the
impact, with less 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 o£
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. Fiscallmpacts
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.
ACEID-m0 county #2 I I-10.04.DOC/90885008/November 9, 2004 13
2. The Fiscal Impact Study shall identify measures to ensure that the
proposed development does not create a net cost to the County.
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:
The Planning Board and/or Ada County Board of Commissioners makes
one or more of the following fmdings 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 Board of
Commissioners finds that specific overriding economic, legal, social,
technological, or other benefits of the project outweigh the significant
effects on the environment.
8-9-6 Notification.
A. Notification.
Upon the effective date of this Ordinance, no application for development approval or a
building 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 unless the applicant has first
been notified of, and the applicable permit, plan, subdivision or plat 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 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 requirements that are in effect at
the time of final development approval."
ACRD-IDO county #2 l 1.10-04.DOC/90885008Movemba 9, 2004 1 A
B. Legal Effect.
Any development approval, building or grading permit approved with the conditional
language cited 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 Ada County
Board of Commissioners may withhold, suspend or revoke a certificate of occupancy
and/or take such other enforcement actions as may be authorized pursuant to the Zoning
Ordinance or Subdivision Regulations.
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
ACRD-IDO county #2 I 1-10-04.DOC/90885008Movember 9, ?004 1 S
Exhibit A: Interim Zoning Map
ACHI7-mO cowry #2 I 1-10-04.DOC/90885008Movember 9, ?004 ~ L
ADA COUNTY HIGHWAY DISTRICT INTERIM DEVELOPMENT ORDINANCE
I. Generally .....................................................................................................................1
II. Applicability ...............................................................................................................3
III. Development Review .............................................................................................. 4
IV. Standards ................................................................................................................ .5
V. Traffic Impact Studies ................................................................................................ . 7
VII. Pending Ordinance Doctrine ................................................................................. 11
Exhi bit ttAtt: Interim Zoning Map ..................................................................................... 12
ORDINANCE NO.
AN ORDINANCE ESTABLISHING INTERIM DEVELOPMENT STANDARDS AND
PROCEDURES DURING THE PREPARATION OF THE ADA COUNTYWIDE
TRANSPORTATION AND LAND USE GUIDE PLAN.
Whereas, the Ada County Highway District 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 an Intergovernmental Agreement
between Ada County, ("County") the incorporated Cities within Ada County, the Ada
County Highway District ("ACHD"); and the Idaho Transportation Department ("ITD")
Whereas, the ACHD fmds that the Guide Plan in part, is being prepared to assist ACRD
in the exercise of its statutory subdivision and land use approval jurisdiction to assure that
adequate transportation facilities are available at the time of subdivision or development
approval, and
Whereas, the ACHD fmds that the provisions of this Ordinance are necessary to assure
that the adopted Guide Plan will not be adversely affected by premature development
approvals without adequate transportation facilities available at the time of subdivision or
development approval as set forth in this Ordinance.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA
COUNTY HIGHWAY DISTRICT, IDAHO, AS FOLLOWS:
SECTION 1:
I. Generally
A. Title
ACHD-hi~lway district interim ordinance #2 11-10-04.DOC/90885002/NovemUer 9, 2004 1
This Ordinance shall be known as the "Interim Development Ordinance ("IDO")."
B. Defmitions
The words and terms used in this Ordinance are as defined in the ACHD
Policy Manual, unless a different meaning is provided in subsection 2.
below.
2. Words and terms in this Ordinance are defined as follows:
a. Affected Area: Any area within an incorporated or
unincorporated area in Ada County.
b. Application: any application for subdivision or development
approval.
c. Center: a "Center" includes all areas within one-quarter (1/) 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. Major arterial streets and
interstate highways are designated on the Interim Zoning Map.
d. Connectivity Ratio: the index of the connectivity of a street
system as described by the § IV.B of this Ordinance.
e. Corridor: an area within: (1) within a commercial or industrial
zoning district, one-quarter (I/) of a mile (1,320 feet) of the right
of way of a Major Arterial Street or Interstate Highway, or (2) for
a residential zoning district, 250 feet of the right of way 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 an application for: (1) a
preliminary or final subdivision plat, or (2) any development
approval in which ACRD has lawfully been conferred review
authority by statute, or by ordinance of Ada County or any City
within Ada County. ACHD shall review such application for
development review and shall recommend to the City or County
referring same, approval, approval with conditions, or denial in
accordance with the transportation level of service and traffic
impact studies required in this Ordinance. Final determination of
development approval shall remain with the City or County.
g. Dwelling, Single Family: A building designed for use and
occupancy by no more than one family.
h. 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 unit may be occupied by a
family (related by blood or marriage), or by up to five (5)
ACFID-highway district interim ordinance #2 11-10-04.DOC/90885002Movember 9, 2004 2
unrelated individuals or by a number of physically or mentally
handicapped or elderly persons as long as the residential character
of the dwelling is preserved. The physically and/or mentally
handicapped includes those currently undergoing rehabilitation
for drug and/or alcohol addiction.
i. Guide Plan: the Ada Countywide Transportation and Land Use
Guide Plan that is currently being prepared pursuant to an
intergovernmental agreement between Ada County, incorporated
cities within Ada County, the Idaho Transportation Department
and the Ada County Highway District.
j. Highway Capacity Manual: the document published by the
Transportation Research Board and entitled "Highway Capacity
Manual" and dated 2000, which document is hereby incorporated
by reference.
k. Policy Manual: The ACRD Policy Manual.
1. 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
ownership interest is held by the same person, corporation,
association, partnership, association or trust.
m. Subdivision: Any division of land into two (2) or more lots,
parcels or tracts whether residential or non-residential use, for
purpose of sale, lease, or development, including condominiums
and mobile home parks.
n. Subdivision Plat: Any preliminary or final subdivision plat.
o. Project: Any proposed development subject to an application for
development approval.
p. Trip Generation Manual: the document published by the Institute
of Transportation Engineers and entitled "Trip Generation ", and
dated 7th edition 2003, which document is hereby incorporated
by reference and made a part of this Ordinance.
II. Applicability.
A. Term of Ordinance.
This Ordinance shall remain in effect for twelve (12) months after its effective date or
from the date of adoption of a permanent ACRD ordinance implementing the provisions
of the adopted Guide Plan, whichever is earlier.
B. Subdivision plats, Development Approvals and Affected
Area.
This Ordinance applies to any application for subdivision approval that is filed within any
city located in Ada County, any city area of impact, or any unincorporated area of Ada
County. Applications for development approval other than a preliminary or final
ACRD-highway district interim ordinance #2 1 I-10-04.DOC/9088500yPlovember 9, ?004
subdivision plat shall be reviewed by ACRD upon the request of any City or Ada County.
ACRD shall submit a recommendation as to whether the application conforms to the
standards of this Ordinance as provided in Section 1.B.2.d.
III. Development Review.
A. Applicability
No application for a subdivision shall be approved or recorded unless it complies with the
standards established in this Ordinance and any other applicable requirement of this Title.
If the application is for a development approval other than a subdivision plat that is
forwarded to the ACHD by Ada County or a City within Ada County, ACHD shall
forward to the City or the County its recommendations as to whether the application
conforms to the standards of this Ordinance as provided in Section 1.B.2.d.
B. Contents of Application
An application for subdivision or development approval shall contain the
following in addition to all other requirements of the City or County in
which the land is situated:
a. The materials required for the underlying application;
b. The Traffic Impact Studies required by § V of this Ordinance; and
c. An affidavit demonstrating conformance with the informational
mailing requirements of this Ordinance.
2. No application for subdivision or development approval 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 Ordinance; and
b. All information required for the application by the ACHD Policy
Manual.
All information required by the City or County in which the land is
situated.
d. All information on ownership of adjacent lands.
D. Development Agreement
No application for preliminary or final plat approval shall be approved unless it includes
a development agreement pursuant to § 67-6511A, Idaho Code. The development
agreement shall include the mitigation measures agreed to by the applicant pursuant to
ACFID-hi~way district interim ordinance #? 1 ]-10-04.DOC/90885002Movember 9, ?004
the impact studies described below. ACHD may recommend inclusion of a development
agreement with mitigation measures to any City or County referring a development
approval application.
E. Reconsideration
If an application for subdivision approval is denied, or approved with conditions, the
applicant may request reconsideration or modification as provided in the ACRD Policy
Manual. If an application for development approval, referred to by a City or County, is
recommended for denial or approval with conditions, the applicant may request
reconsideration or modification as provided in the ACHD Policy Manual or this
Ordinance.
IV. Standards.
A. Level of Service
No application for subdivision approval or recommendation on anon-subdivision
development approval shall be granted if ACRD finds from the Traffic Impact Study that
the proposed project would cause a reduction in the transportation level of service below
the adopted transportation level of service. The adopted transportation level of service
shall be as follows:
Location Ado ted Level of Service
Any Corridor or Center as designated in a City Interim
Develo ment Ordinance D
All other locations C
B. Connectivity
All streets within the proposed subdivision or development approval project shall achieve
a connectivity ratio of not less than 1.8. For purposes of this subsection, "connectivity
ratio" is the number of street links divided by the number of nodes. A "link" is each
portion of a street defined by a node at both ends or at one end. A "node" is the
intersection of two (2) or more streets, a cul-de-sac head or a dead-end. Notwithstanding,
connections with existing streets and stubbed out streets to adjacent properties to
accommodate future street connections shall not be considered nodes.
(see example below)
ACHD-highway district interim ordinance #2 11-10-04.DOC/90885002Movember Q 2004
Example:
~ ~ 11 nodes
~q ~ ~ -blinks
= 1.8 (acceptable
1
2 Sib
ar
3 4 g Connecttan
8
~ 4
8 11 9 10
Q 6
~~
3tr~eetd
~ Node
--- Llnk
C. Access
1. Access shall be provided to the public street system from all lots or parcels. If
direct access to a public street is not provided, the developer shall get approval for
alternate access from Ada County or the city in which the development is located.
2. The number of access points on a collector or higher order street for any lot or
parcel shall not exceed the following:
Continuous Fronta a Maximum Number of Access Points
Less than 150 feet 1 access oint
150-600 feet 2 access oints
Greater than 600 feet 3 access oints
3. The applicant shall combine access points to collector or higher order streets with
abutting lots or parcels, unless the applicant demonstrates that:
a. the applicant demonstrates that the combined access point to a collector or
arterial street would impair traffic safety, and that no other design
modifications would mitigation the safety issue; or
b. the applicant demonstrates that requiring a combined access point is not
roughly proportionate to the impacts of the proposed development.
ACFID-highway district interim ordinance #? l I-10-04.DOC/90885002/November 9, 2004
4. Access points for proposed developments at intersections should be located as far
from the intersection as practical, and in no case closer than as illustrated on
Figure 72-F4, unless a waiver for the access point has been approved by the
District Commission.
5. Once the access points have been approved by the District, they are to be
identified as such on the construction drawings. The remaining street frontage on
collector and arterial roadways is to be identified as having no access.
V. Traffic Impact Studies
A. Applicability
This section applies to any application for subdivision or development approval.
B. Land Use
The classification ofnon-residential land use will be determined using the Trip
Generation Manual.
C. Traffic Study Impact Area
The impact study area shall include all roadways and intersections whether under ACHD
or state jurisdiction that abut the the proposed development and where traffic generated
by the proposed development comprises at least one percent (1%) of the average daily
traffic or P.M. peak hour traffic volumes.
D. Traffic Impact Considerations
The traffic impact study shall identify and analyze:
1. The continuation of local streets, residential collector streets, collector
streets, and arterial streets. The study shall cover streets from the
development boundaries, to an intersection with existing or proposed
local, collector or arterial streets.
2. Existing land use, roadways, traffic patterns, and roadway volume, and
turning movement volume within the study area. The study must consider
average daily traffic and traffic during at least two representative peak
hours.
3. Existing levels of service within the study area. This will be determined
using the Highway Capacity Manual and existing traffic control devices.
4. Planned road improvements and major land developments within the study
area.
ACFID-highway district interim ordinance #? I 1-10-04.DOC/90885002/November 9, ?004 7
Forecasts of future traffic patterns, roadway capacity, and turning
movements in the study area before the proposed development is built.
This establishes "background traffic." Traffic patterns and roadway
capacity shall be forecast for the build-out year and fora 20-year planning
period. Turning movements shall be forecast for the build-out year. Traffic
forecasts by the Communities-in-Motion Long Range Transportation Plan,
or other forecasts by the Community Planning Association ("COMPASS")
should be used, where available. Those forecasts shall be checked for
credibility and reconciled with independent forecasts. The study shall
include a reasonable rate of regional traffic growth. It shall estimate
additional traffic likely to be generated by vacant land development in,
and surrounding, the area including traffic from all approved
developments that have not yet been built out. The basis of development
projections will be current zoning, prepared with advice from the
appropriate City or County staff. The cumulative impact of all
development shall be required.
6. "Site traffic" consisting of trip generation and distribution expected for the
proposed development.
Forecast of future traffic patterns, roadway capacity volumes, and turning
movements in the study area after the proposed development is fully built
and occupied. These numbers are "site traffic" plus "background traffic."
8. Future levels of service in the study area, with "site traffic" plus
"background traffic." Forecast levels of service for roadway links at the
project build-out year and 20 years from the present. Intersection levels of
service shall be computed only for the project build-out year. Identify all
roadway/intersection configurations and traffic control devices.
9. Recommended roadway/pathway improvements and mitigation measures.
This includes location and design of driveways, intersections and traffic
control devices, including potentially viable non-roadway measures, such
as ridesharing, transit, bicycling incentives, and staggered or flexible work
hours, or any other transportation demand management techniques.
10. School crossings, safe routes to school, sidewalks, and bikeways.
11. Roadway access control that differs from the general requirements of the
ACRD Policy Manual, including special conditions such as unusually
heavy left turn storage requirements, high speeds, and high traffic
volumes.
ACFID-highway district interim ordinance #2 l 1-10-04.DOC/90885002Movember 9, 2004
12. The effects of the traffic from the proposed development on existing local
streets and the effects of traffic from existing local streets on the proposed
development.
E. Average Daily Traffic (ADT)
Estimate ADT for all roadway and street segments in the proposed development likely to
have volumes exceeding 1,000 vehicles per day. These estimates will help select the
proper street cross-section for each segment. Each proposed collector street shall be
broken into several segments, based on key intersections in the proposed street network
in order to reduce the length of the collector-width street required, and the extent of
collector traffic levels into the development.
Compare projected volumes on streets that provide access to the development with the
applicable threshold volumes. Use the ACHD Policy Manual and adopted planning
thresholds as references.
F. Trip Generation Rates
Trip generation rates used in the impact study shall be supported by appropriate data
presented in the Trip Generation Manual. Other studies recognized by the traffic
engineering profession may be used. Those conducting impact studies shall also consult
ITE's "Traffic Access and Impact Studies for Site Development" (A Recommended
Practice, 1991), and the Federal Highway Administration's, "Site Impact Traffic
Evaluation (S.I.T.E.) Handbook" (Report No. FHWA/PL/85/004, January 1985), or
current revisions and updates of those publications.
G. Preparation of Traffic Impact Study
The traffic impact study shall be prepared by a professional engineer with experience in
conducting traffic impact studies. ACHD shall certify the professional who will do the
study before the work begins. The ACHD Traffic Engineering Supervisor, or designated
staff member, will confirm the qualifications of the proposed professional(s). The
qualified professional will serve as the District's primary contact during the study.
H. Study Boundaries
The boundary of the study area shall be identified jointly by the professional conducting
the study and the District staff.
1. Cooperative Traffic Studies
When a development is proposed within 500-feet of an existing or future collector or
arterial street or intersection (including state roads and intersections) for which ACHD
does not have abuild-out plan, projected traffic volumes, and directional movements,
ACRD may contract for a Cooperative Traffic Study. The study will determine required
right-of--way, location of improvements, acceptable location of driveways in the
ACHD-hi~rway district interim ordinance #2 I I-10-04.DOC/90885002Movember Q 2004 n
development, and any special restrictions for those driveways (for example, "right turn in
and out only" by design or median installation). The cooperative traffic study also will
include the elements of the traffic impact study required of the developer. The applicant
must pay half the cost of the study.
J. Master Transportation Plans
Subdivisions or development approval projects that are to be platted or built in multiple
phases will require a master transportation plan. The master transportation plan shall
address broad community development and street network issues, and all the elements
required in a traffic impact study.
An update of the traffic study may be required when future phases of the project are
submitted if conditions in the area have changed significantly in AHCD's determination,
or if the future phases deviate significantly from the approved master transportation plan.
K Mitigation
The applicant or ACHD may propose mitigation measures to be incorporated in a
development agreement or as conditions to subdivision or development approval as
described herein as an alternative to conditional approval or denial of the application.
Mitigation measures may be approved which would achieve the IDO adopted level of
service (LOS) so that the transportation network functions more efficiently or advances
the construction of necessary transportation facilities concurrent with the impacts of the
development. Roadways and intersections, within the study area, that are expected to
operate below the adopted LOS under traffic conditions including projected traffic plus
site-generated traffic must be identified and viable recommendations made for
maintaining conditions at the adopted LOS. Roadways and intersections within the
project site and along its boundary streets that are projected to operate below the adopted
LOS, must be brought up to the projected LOS that would exist without the site-
generated traffic, by altering on-site and/or off-site traffic demands and/or capacities.
L. Implementation
For phased projects, implementation of traffic improvements must be accomplished no
later than the completion of the project phase for which the capacity analyses show that
they are required. Project phases subsequent to a phase for which a traffic improvement
is required may be approved only if the traffic improvements are completed or bonded.
M. Cumulative Impacts
In computing background traffic pursuant to subsection A, above, the applicant shall take
into consideration the anticipated buildout of approved, but unbuilt, subdivision plats, site
plans, and other zoning approvals within the impact area established in subsection C.
ACHD-highway district interim ordinance #2 I I-10-04.DOC/90885002/November 9, ?004 1 O
VII. Pending Ordinance Doctrine.
In order to protect the public health, safety and welfare and to implement traffic safety
and air quality consistent with the adopted Intergovernmental Agreement, the
Commissioners expressly invoke the Pending Ordinance Doctrine and direct the clerk of
ACHD to publish this Ordinance.
PASSED AND APPROVED by the Ada County Highway District Board of
Commissioners this day of , 2004.
ADA COUNTY HIGHWAY DISTRICT
By:
John S. Franden, President
ATTEST:
William J. Schweitzer, Director
ACHD-hi~way district interim ordinance #2 11-]0-04.DOC/90685002/November 9, 2004 11
Exhibit "A": Interim Zoning Map
ACF{D-highway district interim ordinance #2 I 1-10-04.DOC/90885002/November 9, ?004