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1990 01-09 A G E N D A MERIDIAN PLANNING & ZONING JANUARY 9, 1990 MINVi~'S OF THE PREVIOUS MEETING HELD DECEMBER 12, 1989: 1: PUBLIC HEARING: REQUEST FOR REZONE WITH CCd~IDITIONAL USE PERMTT EUR PUD BY WAYME & MARY WILLIAbtSON: (FINDINGS TO BE PREPARED - NO RECOMMENDATION MADE) 2: PUBLIC HEARING: PROPC6ID AN~~IDMESTTS TC THE ZONII9G & DEVFSUPMENT ORDII~II+,NC~: (FINDINGS OF FACT TO BE PREPARED -FAVORABLE RECOMMENDATION TO CITY COUNCIL) MERIDIAN PLANNING & ZONING JANUARY 9, 1990 The Regular Meeting of the Meridian Planning ~ Zoning Commission was called to order by Chairman Jim Johnson at 7:35 P.M.: Members Present: Jim Johnson, Moe Alidjani, Tim Hepper: Members Absent: Jim Shearer, Charlie Rountree: Other Present: Mary Williamson, Wayne Williamson, Jack Murphy, Rita Weatherby, Denice Desilet, Rick Weatherby, Jeanne Meek, Larry Meek, Richard Newberry, Larry Paul, Mary Collins, Ellestine Guthmiller, Ken 6 Glenda Kork, Ranae Sanders, Willard Rowley, Gary Smith, Max Yerrington, Wayne Crookston, Michael Coch: The Motion was made by Alidjani and seconded by Hepper to approve of the Minutes of the previous meeting held December 12, 1989 as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: REQUEST FOR REZONE WITH CONDITIONAL USE PERMIT FOR PUD BY WAYNE & MARY WILLIAMSON: Johnson: I will now open the Public Hearing, if you wish to testify please come forward 5 be F~a°yne'Williamson,was sworn by the attorney. Williamson: We bought this in 1979, we would like to change it to build five triplexes, one story. We'd like to have more the older people, it would be one single dwelling. All the maintenance and water lines would be our responsibility, there would be no cost to the City. The engineer gave us some guidelines and we are going to comply with all these. We do have some very strict covenants. I have copies of the covenants if anyone would like to see them. We intend to have double car ports for each unit, the landscaping will be professionally done. There will be very few children and no pets in the units at all. There will be no junk cars, trash or any loud noises. This would be an asset to the community. There is a real need for rentals. Alidjani: You have no problem with any of the recommendations that have been made. Williamson: No. Alidjani: You said you bought the ground under the feeling that it was zoned. Williamson: We have a~rnest money stating that it was zoned for multiple units. Alidjani: My question to you is was it or was it not zoned that way. Williamson: It was not. I understand it was started but it was not finished. Hepper: How many parking spaces for each unit. Williamson: There would be two for each one. Hepper: You said you'd fence the whole project, all the way around? Williamson: That would be fine, I didn't know if it would be necessary to fence between that property and the LDS Ball Field. Hepper: What type of a fence would you have. MERIDIAN PLANNING & ZONING ~ • JANUARY 9, 1990 PAGE #2 Williamson: Either a six foot wooden fence or a six foot metal fence. There was discussion about the purchase of a unit. Alidjani: Is the street between W. 2nd and W. 4th going to be blacktop. Williamson: Private blacktop. Johnson: With respect to the recommendation by Nampa Meridian Irrigation District I went out and looked at that property and I didn't see a ditch on the south side. Williamson: There is no ditch on the south side, there is one on the north side. Kenny Cook, 1501 W. 2nd, was sworn by the attorney. Cook: Is 4th going to be put through or will it remain a dead end. If it remains a dead end, that will chase all the people right up on 2nd right out between the apartments. It will put all the traffic load right out onto 2nd Street. My main concern, is that all this traffic will be put out right in front of our housing. Johnson: Are there any plans with respect to that. Cook: What about the devaluation of property of the rest of us home owners who live adjacent to this. I've talked to two different Real Estate Company's and in their opinion it would make the property adjacent to this harder to sell. Alidjani: I am a licensed Real Estate Agent, you already have the duplexes there in front, so I feel personally that it would be that much devaluation on your property because the frontage is already there. Cook: I wonder if something is not done with 4th Street and all this traffic is put out onto our street, I don't think I'd be as willing to buy in this neighborhood. Alidjani: Also have in mind that Wayne does not have any control on any of the property beyond the 4th Street where it is a dead end now. Cook: I've been here for 3Z years and the field has always looked the same way, full of weeds and not taken care of. I am curious if it will have better maintenance. Willard Rowley, 1221 W. 4th, was sworn by the attorney. Rowley: My feeling is that thiswill mean alot more traffic on 4th Street, but we have real small lots across from us and that subdivision in there hasn't been to good it's devalued our property already. He can't control who comes in there and it will increase the traffic. Denice Desilet, 1502 W. 2nd Street, was sworn by the attorney. Desilet: I have small children and this traffic congestion concerns me. I would like to know what exactly the petition signifies that was passed around by Mr. Williamson. Johnson: It says on there that you do not object to the plan. MERIDIAN PLANNING 6 ZANING JANUARY 9, 1990 PAGE #3 Desilet: But don't you have to be a home owner to sign that. Johnson: The signatures are supposed to be the property owners. If they are not it would not count towards the percentage. Desilet: How can we be guaranteed that older people will be living in these dwellings. Johnson: There is no guarantee. There are places that cater to adults. I understand your concerns about having children and I wish I could say that we are going to shoot down every project that might have increased traffic flow, the facts are we just can't do that. Desilet: So you guys say this is okay already. Johnson: No, we are taking public testimony. What we do as a Commission is make a recommendation to the City Council. The City Council will then decide. Alidjani: Are you on the East side or West side of West 2nd. Desilet: I would be on the East side. Jack Murphy, 240 Maple, was sworn by the attorney. Murphy: I live on Maple Street, and we do not have any. sidewalks there now. On Sundays the traffic flow down in my area is outrageous. The land really hasn't been taken care of now and Mr. Williamson is in the Real Estate Business. Voiced concerns about once the zoning is changed what will Mr. Williamson do with the property. Crookston: If it's rezoned there is no restrictions necessarily saying he could go one or two story's. As long as the Plan Unit Development is with the application then there is restrictions on it. Richard Weatherby, 1426 W. 2nd St., was sworn by the attorney. Weatherby: First I'd like to ask the question, if I understood it correctly, you said that this whole thing would allow him only to build what he's proposed to build in terms of size. Crookston: Under the PUD application, he can only build what he applied for. Weatherby: What control is set as far as who he rents it out to or who he might sell them to. As far as I can see thereare no controls over that. Johnson: There is no control over that. Weatherby: This is one of my big concerns, house is directly across from izhat Z-~~eauld consider the main access. We've lived there~or approximately 12 years, and I've seen alot of different kinds of people come and go, I even had my car broken into. I have no wish to have more of that kind of thing happen. It is real easy to say what your best intentions are but I also know that the dollar speaks pretty well. If he has trouble renting them out, he will rent them out to whoever he wants to. If it stays zoned the way it is now he can still build homes there. I'm here to say that because of the traffic problem, the transient people and property values I advocate that you don't give him the zoning change. PLANNING 6 ZONING • • JANUARY 9, 1990 PAGE #4 Ranae Sanders, 1434 West 2nd, was sworn by the attorney. Sanders: Voiced concerns about school over crowding and traffic increases. Jeanne Meek, 1432 W. 4th, was sworn by the attorney. Meek: One of the concerns I have is that into those apartments there is just a single lane right now, is there room for him to make a double lane. Alidjani: It has to be 20 ft. wide. Meek: So what you are telling me is that he can do that with only one lane. Johnson: Twenty feet would be adequate. Meek: We talked about underground irrigation that runs under Maple, we've maintained the lot next to ours so we don't have to look at a weed patch or afire hazard. I have been concerned that a Real Estate Man would let those weeds get so high. I do hope that we maintain our irrigation rights. My husband and I stand for the homes. What if Mr. Williamson decides not to build then sells the land, is that rezone then up for grabs, someone could come in and do whatever. Johnson: Once it's rezoned, that's the zoning and its sold with that zoning. Meek: So then only he guarantees us this kind of a deal. Michael Lock, 1410 W. 2nd, was sworn by the attorney. Lock: My intentions by moving here from Boise was to get away from apartments complexes. Alot of the people that own these types of complexes don't live there so they don't have to be concerned with all of these concerns. Williamson: We bought the triplexes in June on W. 2nd, I've worked on them and am getting them cleaned up. Johnson: How old are they? Williamson: Twelve Years. There is nobody that has lived there for less than 6 months. 29~ere will be speed bumps. The covenants can't be changed can they. Johnson: The covenants can be changed at any time by the homeowners association. Crookston: The owner of the property to which to covenants apply can change any single residential family dwelling subdivision. A letter was received and entered into the record opposing this project from Eddie L. Hart. Johnson: I will now close the Public Hearing. Alidjani: We don't have any control over the covenants. We look at them. There was further discussion on the Covenants. Hepper: I sympathize with the homeowners, and also think Mr. Williamson has made a good effort. MERIDIAN PLANNING & ZONING • • JANUARY 9, 1990 PAGE #5 The Motion was made by Hepper and seconded by Alidjani to have the attorney prepare the Findings of Fact and Conclusions of Law for rezone with Conditional Use Permit for PUD by Wayne ~ Mary Williamson. Motion Carried: All Yea: Johnson: There will be no recommendation to the City Council at this time. ITEM #2: PUBLIC HEARING: PROPOSED AMEDIDP~Ti'S TO THE ZONING 6 DEVELOPMENT ORDINANCE: Johnson: I will now open the Public Hearing, is there anyone from the public who would like to testify. Being no response the Public Hearing was closed. The Motion was made by Alidjani and seconded by Hepper to have the attorney prepare the Findings of Fact and Conclusions of Law for the proposed amendments to the zoning & development ordinance. Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Hepper to recommend favorably to the City Council. Motion Carried: All Yea: Johnson: I've asked our City Engineer to give us a brief overview of our sewer system so we will be more in tune with what our city direction is. Smith: Addressed the Commission with a brief overview of the City's sewer system. The Motion was made by Hepper and seconded by Alidjani to adjo~sn at 9:00 P.M.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEIDINGS) APPROVID: JIM JOHNSON, CHAIRMAN ATTEST: Stuart, ACRD, NMID, ACC, Valley News, Statesman, CDH,Settlers Mail (2) File (2) P & Z Members, Atty, Eng., Building, Gass, Police, Fire, Ward, BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WAYNE AND MARY WILLIAMSON CONDITIONAL USE APPLICATION FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT 1400 BLOCK OF WEST 4TH STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 9, 1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the Conditional Use AMBROSE, FITZGERALO B CROOKSTON Attorneys end Counfelore R.o. eoa ~n Merlai,n, la.no axax Teleeeone SSBNeI Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 9, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 9, 1990 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS - PAGE 1 U 2. That this property is located within the City of Meridian, is owned the Petitioners, and is described in the application, which description is incorporated herein; the property is located between West 2nd Street and West 4th Street north of Maple Avenue; Petitioners initially proposed to rezone the property from R-4 Residential to R-15 Residential and develop the property with one single family dwelling, a club- house/maintenance building and five tri-plexes; the Applicant has submitted a letter changing his application to now be allowed to develop the property with six (6) single family dwellings still under a planned unit development but withdrawing the request to rezone the property from R-4 to R-15. 3. That the property is located in what is presently designated in the Meridian Comprehensive Plan as the Warrior Neighborhood; that the property is zoned R-4 Residential. 4. That a planned residential development (PD-R) is defined as follows: "PLANNED RESIDENTIAL DEVELOPMENT (PD-R) - Any deve opment which is pre omtnant y residential including those accessory purposes customarily relating to residential uses with the balance of such area, if any, being intended for such uses as reasonably relate to the support or convenience of the residential uses of other occupants." AMBR08E, FITZGERALO BCROOKSTON AGOmeye end Cooneebre P.O. Boy X47 MeriElen, IENa 418/4 TelePAOne B88~N81 5. That under the Zoning Schedule of Use Control, Section 11-2-409 A., a Planned Residential Development is allowed in R-4 Residential District as a conditional use. 6. That the property to the west is farm and vacant ground, the property to the east is residential property, the FINDINGS OF FACT AND CONCLUSIONS - PAGE 2 property to the south is residential, the property to the north is a play field and a church. 7. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 8. That the Applicant has submitted a petition signed by at least 75% of the people owning property within 300 feet of the property indicating their approval of the use of the property as initially requested by Applicant; that some parties who initially signed the approval petition appeared at the public hearing voicing their objection to the original petition which was for tri-plex development; that most people testifying did not want the tri-plex development, which now has been removed. 9. That the City of Meridian does have control, guidelines and requirements for planned developments in 11-9-607 and such are attached hereto as Exhibit "A" and incorporated herein as if set forth in full. 10. That there was testimony at the public hearing AMBROSE, FIT2G ERALD BCROOKSTON Attorneys end Couneelon P.O. Bos l2l MeriEisn, IONo ax~z TelaD~one BB8~s81 objecting to the development of the property with tri-plexes; that almost all persons testifying had no objection if development was in the form of single-family dwellings; that the testimony reflected concerns over the amount of traffic that would be generated by all the people living in the tri-plexes; concerns that people renting would be of a transient type who may not care for the property; there was concern over access to FINDINGS OF FACT AND CONCLUSIONS - PAGE 3 the property from W. 2nd Street and the small lane between the two existing tri-plexes; there was concern that Tri-plex development would devalue existing single-family homes; there was concern that irrigation water be maintained to the surrounding properties. 11. That there were comments submitted by City departments and other governmental agencies and they are incorporated herein as if set forth in full; that the Applicant testified he had no objection to those requirements and comments. CONCLUSIONS 1. That all the procedural requirerents of the Local AM BROSE, EITZGERALD B CROOKSTON Attorneys antl Couneelora R.O. Boz 12T Mm101en, ItleNo &Y812 Telepftone BBBd/8/ Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property, and having obtained the consent of 75% of the owners of property within 300 feet of the external boundaries of the Applicant's property; even though some individuals testifying at the hearing requested that their approval be withdrawn, the 75% signature requirement is a procedural requirement for a conditional use in a residential district and once the 75% approval has been obtained the procedural requirement is met; it is still the decision of the City as to whether the application itself will be substantively approved regardless of the procedural requirement being met. It would be unfair to Applicant's for conditional use permits in residential FINDINGS OF FACT AND CONCLUSIONS - PAGE 4 districts, where a 75% approval petition must be submitted as part of the application to allow persons to revoke or withdraw their approval once the application has been submitted. It is also concluded that since the Applicant obtained the approval of 75% of the neighbors owning property within a 300 foot radius for his initial development plan, and since he has deleted the rezone request and the ultimate use will be an R-4 residential type use, and since there will be another public hearing before the City Council, that another public hearing before the Commission is not required or necessary. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Complied Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled AM BROSE, FITZGERALD 6 CROOKSTON Atlomaye antl Counasloro P.O. Boz 1Y7 Mentllan, hallo Baeaz TelePNOne BBBJ/S1 Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: FINDINGS OF FACT AND CONCLUSIONS - PAGE 5 19~~988 auoVaa~el ZVSCB oyBp~'ugppep 9 39tld - SNOISfilON00 ONtl lOtl} d0 S9NIONI} a~•peoa 6,p~B9Y110'J pue sAawopy •ue~plaaW }o F;i0 ay; }o saoueuip.ao NOLSNOOtlO4 ay; }o lie ;aaw lleys pue `;uawdolana0 pauueld `L09-6-Ii .aapun °3sodeWly pallo.~;uoo pue papln6 aq lleys pue `maina,~ u6lsap rcq papin6 pue pallo.a;uo~ aq lleys ea,ae ay; ui ;uawdolanap lie 3ey1 '9 •pano.adde aq ;sow ue ld ;uawdolanap le ui} ay} pue asn IeUDL;lpUOJ e se pamolle Afluo sl ;uawdolanap ;iun pauueld E ;eyl '9 •aoue;,aodwl .~oCew }o a,an;ea} oluaos ,ao lean;eu a }o a6ewep .ro ssol `uol;onu;sap ay; ui ;lnsaa ;ou film sasn pue ;uawdolanap ayl •i •papinoad aq ;sow asn pasodo,ad ay; pue Af;.aado,ad ay; ,ao} 6ul~,aed ;uaiot}}nS •y •aslou .ao of}}ea; }o uol;onpo.rd anlssaoxa }o uoseaa Tq a.~e}faro le.aaua6 ay; ,ao ~';.aado.ad `uos.~ad o; le;uawl,a;ap aq plnom ;ey; uol;eaado }o suol;lpuoa .ro ;uawdlnba `lel.aa;ew `ssaooad `iS; LnL;fie `asn a anlonul ;ou plnom asn ayl •6 •rS;lunwwoo ay; }o a.ae}lam olwouooa ay; o; le;uawl.a;ap aq ;ou plnom asn ay; pue `saolnaas pue sal;llloe} ollgnd .AO} ;soo ollgnd ;e s;uawa.nlnba,a leuol;tppe anlssaoxa a;ea.~o ;ou plnom asn ayl •} algellene sl aoln,aas ,aa;em pue aamaS •a •sasn 6ul.aogy6lau a.an;n} ,a0 6ul;slxa o; 6ulq.rn;sip aq ,Cay; plnoys ,you snop.rezey aq ;ou plnoys sasn ay; ;eyl •p •saxald-la; uey; uay;e.~ s;fun 6ulllamp ~llwe}-al6uls ,no} sl mou lesodoad ay; souls `,C;luloln le,aaua6 ay; }o ,ra;oe,aeyo Papua;ul ay; y;lm aoue,aeadde ul snoluow.rey aq o; `pa;on,a;suoo pue pau6lsap aq plnom ~l;ua.aedde asn ayl •a •lel;uaplsa.r-;uawdolanap ;fun pauueld a se asn ay; molle o; ;lw.aad asn leuol;lpuoo e saalnba,a `papuawe se `aoueulp.ap 6uluoZ ay; ;nq `papuawe se ueld anlsuayaadwo0 ay; y;lm aouep.roooe ul pue y;lm snoluowaey aq plnom asn ayl •q •aoueutpao Fq pa.alnba,A sl ;lw.aad asn leuOL;LpUO~ a pUe asn leUOt;tpUO~ a a;n;l;suoo `;oe} ul plnom `asn ayl •e 7. That the granting of this application would be in the best interest of the City. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Hepper Voted~~ Commissioner Alidjani Voted ~' Commissioner Rountree Voted l' Commissioner Shearer VotedLY ~' Chairman Johnson (Tie Breaker) Voted~j.'~--,y DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby AMRROSE, FITZGERALD SCROOKSTON Attorneys and Counealore P.O. Box ~tT MetlGlen, IEaKo QTBIZ Telephone BBB~4~Bt recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application under the conditions contained herein, specifically 11-9-607 of the Revised and Compiled Ordinances of the City of Meridian, and subject to approval of the final development plan and design review and subject to approval of the home owners association documents and of the restrictive covenants. MOTION: APPROVED: ~ DISAPPROVED: /i' FINDINGS OF FACT AND CONCLUSIONS - PAGE 7 • .. 9-606 D PENALTY IN CASE OF FAILURE TO COMPLETE THE CONSTRUCTION OF A PUBLIC IMPROVEMENT In the event a subdivider and/or owner shall, in airy case, fail to complete the public improvements required as a condition of the final plat in the time period required, it strall be the responsibility of the Council to proceed to (rave such work completed either by foreclosing its lien or, in the event financial guarantees have been required, tp, pursue the remedies provided by those financial guarantees. 9-607 PLANNED DEVELOPMENT 9-607 A PURPOSE The City's policy is to encourage developers of laud development and . construction projects to utilize the provisions of this section to achieve the following: 1. A development pattern iu accord wi..r,)~ the goals, objectives and policies of the Comprehensive Plan;~~~ ~c 2. A development pattern which preserves and utilizes natural topographic and geologic features, scenic vistas, trees, and other vegetation and which maintains natural drainage patterns; 3. A maximum choice of living environments which allows a variety of housing and ,building types, which permits an increased density per acre,' and which allows a reduction in lot dimensions, yards, building setbacks, and area requirements; 4. A more useful pattern of open space, parks, and recreation areas; t ~ 5. A more convenient pattern of commercial, residential, and industrial uses as well as public services which support such t '~` uses; `' 6. :,A .more efficient use of land and reduced costs of streets and utilities than is generally achieved through conventional subdivisions; 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment; and 8. A development that encompasses maximum site design flexibility 9-607 B APPLICABILITY ~a, Whenever there is a conflict or difference between the provisions of Section 9-607 and other Sections of this Ordinance, the provisions ;, -30- of Section 9-607 shall prevail. Subjects not covered by Section 9-607 shall be governed by the respective provisions found elsewhere in this Ordinance. 9-607 C PLANNED DEVELOPMENT (PD) CATEGORIES The City of Meridian shall provide for four (4) PD categories: 1. Planned Development Residential (PD-R); 2. Planned Development Commercial (pD-C); 3. Planned Development Industrial (PD-I); and 4. ~Planned'Development General (PD-G). 9-607 D ~20CEDUf~ES~FOR PLANNED DEVELOPMENT (pD) Any person as.` the agent, or agent for the owner'of any property within .the City, may apply for Planned Development approval. All applicants shall follow the procedures as provided in Section 9-604 of this Ordinance, PROCEDURES FOR SUBDIVISION APPROVAL. In addition, the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following: 1. Architectural style and building design; 2. Building materials and color; 3. Landscaping; 4. Screening; 5. Garbage areas; 6. Parking; and 7. Open space. 9-607 E MODIFICATION OF DISTRICT REGULATIONS A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, siyt~s, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. -31- 9-6Q7 ~ F ...- GENERAL REGULATIONS FOR PLANNED DEVELOPMENT 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 2. A planned development shall not be reyuir-ed to contain a minimum number of acres. 3. ~"•Owners' Association - The Owners' Association Bylaws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open - space, shall meet with the approval of the Council. 4. Issuance of Certificate of Zoning and Building Permits shall be granted only after development plan and covenants have been approved by the Council. S. Conditions Run with Land - Any conditions attached to a Final Development Plan shall run with the' land and shall not lapse or be' waived as the result of any subsequent change in the tenancy '~ -oi ownership of any or all said lands. such conditions shall ` be deemed as requirements for the issuance of the Certificate of Occupancy for any use or structure. 6. Change of a PD - No change in the approved Final Development Plan shall be Permitted without prior approval of the Council except that minor changes in the location, siting, and height of buildings and structures may be authorized by the Building Inspector as required by engineering or other circumstances not foreseen a[ the time of plan approval. However, no such 'minor changes' may increase the volume of any building or structure ~~ by more than ten (10) percent or increase the gross ,density of ~~: ~~ 'the PD. ~ 1t G, 7 }~ -0 Bonus Density - beveloper is responsible for documentation of ""' ' ~ >. chan e. The followin bonus densities ma be 9 9 y granted within a '`Planned Development, but shall not be treated as cumulative: a. Provision for private, common open space in a PD shall be considered cause for density increases not to exceed twenty-five (25) percent; b. Character, identity, and siting variation incorporated in a PD shall be considered cause for density increases not to exceed twenty-five (25) percent. Factors which are deemed to make a substantial contribution to such character, identity and siting variation include, but are not limited to, the following: P ''`~ 1) Landscaping - Streetscape, open space and plaza use of existing landscape; pedestrian and bicycle ways and recreational areas; -32- ,. 2) Siting - Visual focal points, use of existing physical features such as topography, creeks, view, sun and ' wind orientation, circulation pattern, physical ~, environment, variation in building setbacks, building groups such as clustering; and 3) Design ~ Feature - Street sections, architectural styles, harmonious use of materials, parking areas broken by landscape features, and varied use of dwelling types and heights; c. Publicly dedicated land in a PD shall be considered cause for density increases not to exceed twenty-five (25) percent for facilities such as school, library, fire station, park, recreational facility; and d. Density increases, not to exceed twenty-five (25) percent, shall be considered when environmentally sensitive areas (creeks, wetlands, wooded areas) have been preserved in their natural state. 8. Financial Guarantees - The developer strap pust financial guarantees for all approved on-site improvements if required pursuant to 9-606 C. 9-607 G GENERAL STANDARDS FOR PLANNED DEVELOPMENTS (PD) 1. Accessibility of Site - All proposed streets, alleys, and driveways shall be adequate to serve the residents, occupants, visitors, or other anticipated traffic of the PD. Design elements shall be incorporated to discourage public through- traffic. Entrance points of streets, alleys, and driveways on previously existing roadways shall be subject to the approval of the Ada County Highway District. On-site vehicular circula- tion and parking shall be designed for adequate fire and police protection and shall be .adequate to serve the uses located in the proposed development. If it is determined that additional traffic control devices or other traffic regulating improvements are required, the developer shall be responsible for the cost of such provements. 2: Roadways - Design and dimensional standards for roadways shall be subject to standards set by the City Council. 3. Off-Street Parking - Off-street parking shall be conveniently accessible to all dwelling units and/or other uses. Where appropriate, common driveways, parking areas, walks, and steps may be provided, maintained, and lighted for night use. Design and dimensional standards for off-street parking shall be subject to provisions set forth in Title 2-414 of this Ordinance. ~ . ,. , -33- l~ 4. Utilities - All PD's shall provide underground installation of utilities (including streetlights, water, sanitary sewer, storm sewers, electricity, gas, and telephone) irr either the public right-of-way or utility easements. Provisions shall also be made for design and construction of adeyuate storm sewer facili- ties pursuant to review by the City Enyineer and the Ada County Highway District. 5. Open Space - All open space delineated or approved as common open space shall meet the following applicable standards: a. The location, size and shape of the common open spaces shall be suitable for the use proposed and shall enhance the common enjoyment of recreational pursuits, or provide visual, aesthetic, or environmental amenities; b. Common open space shall be suitably improved for its intended use, except that common space containing natural ' '~ features worthy of preservation may be left unimproved. Stru t i ..; - `_ c ures and mprovements to be located in or adjacent `-~_`~:.~ ' '~ to the common open space shall serve to enhance the ameni- ~.- ties of the common space and have rP.gaCd for the topography '` .~., , and natural features of [he common open space; s:; c. The development schedule shall coordinate the improvements of the common open space with the construction of the buildings, structures and other improvements in the PD. At the discretion of the Council, a dedicated fund shall be established by the developer and contributed to at the time of unit sales to insure the future improvement of the open space; d. Land shown on the Final Development Plan as common open space may be conveyed to a public body (if said public body agrees toaccept conveyance) to maintain the common open space and improvements placed thereon. In lieu of public dedication, it shall be conveyed to an owners' association or similar organization for the purpose of owning and maintaining said common area and improvements thereon; e. The total area of all common open space shall equal or exceed ten (10) percent of the gross land area of the PD; and f. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements which are accessible and available to all occupants of the private units within the PD. -34- A L 6. Landscaping - a. Screening of off-street parking, loading, and waste storage areas shall be required. b. Screening shall be required as a troffer between residential and non-residential uses or strut tares i.n a PD. c. All ground surfaces in a PD shall be covered wiCh a vegeta- tive cover growth or other ground treatment capable of preventing soil erosion under normal surface runoff conditions. 7, Irrigation Facilities and Drainage Systems Natural Streams, and Drainageways - Modification of existing irrigation and drainage systems, as well as natural streams and drainageways, shall be minimized, and shall not materially alter the natural or existing configuration or impair the normal operation thereof. 8: Design ,'Review - All PU's shall be subjeck'„'to design review by the City Staff and Council. .~ 9-607 H DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - RESIUEN'P I.AL (PU-R) 1. Storage Areas - Storage areas shall be provided for the antici- pated needs of boats, campers and trailers. Foe- typical residen- ce.. tial development, one (1) adequate space shall be provided ~ every two (2) living units. This may be reduced by City action if there is a showing that the needs of a particular development are less. 2: Parking Space - One (1) additional parking space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor 'parking.' 3. Maintenance Euilding or Approved Area - A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common 5. areas. 9-607 I,~. DESIGN'S'fANDARDS FOR PLANNED DEVELOPMENTS - COMMERCIAL (PD-C) +.,i: Buffering and Screening - When commercial structures or uses in a PD-C abut a residential use, sight-restricting screening or "buffering shall be provided. In no event shall any structure in a PD-C be located nearer than twenty (20) feet to a residen- tial use. Off-street loading and waste storage areas shall be visually. screened on all sides. 2. Lighting - Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas'. -35- 3. ,,; , ~ ~i ~d 1 Design of Site - A PD-C shall be designed tp harmonize with adjacent uses as to height, bulk, location, anal use of exterior materials. Sides and rears of all buildings shall be given treatment comparable in attractiveness to their principal frontage. Pedestrian walks, plazas, and open spaces shall be located to provide maximum accessibility among the various buildings of the PD-C. Open spaces shall be so located as to rovide for maximum visibility by customers and to create a harmonious relationship between buildings and exterior spaces throughout the project. DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - GENERAL (PD-G) 'BPD-Gshall be subject to all applicable standards as set forth in Section 9-607 of this Ordinance, with each land use conforming to the PD criteria for said land use. 2. All developments within Mixed Use Review Areas shall be developed as a PD-G. 9-608 MOBILE HOMES BY REFERENCE ` See Title 3, Chapter S of Ordinances of the CiCy of 11e ridian. 9-609+ A CEMETERY SUBDIVISION l~ ~, la Function - The developer shall provide the Commission with written documentation that will sufficiently explain the func- tions of the .propo'sed cemetery for either human or animal remains. 2. Compliance with Idaho Code - The developer sF~all submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural management requirements that are outlined in Title 27, Idaho Code: ; 9-610 FLOODPLAIN SUBDIVISION 9-610 A SUBDIVISION WITHIN A FLOODPLAIN 1. Flood Areas - For any proposed subdivision that is located within a floodplain, the developer shall provide the Commission with a development plan of adequate scale and supporting documen- tation that will show and explain at least the following: a. 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