The county shall review the particular facts and circumstances of each proposed CH-PUD application utilizing the following standards and shall find adequate evidence in the record that the proposed CH-PUD at the proposed location complies with each standard. These standards shall apply and supersede subdivision standards of title 10 of this code where such standards may conflict. Certain standards or parts thereof may not be applicable to particular applications upon specific finding by the county.
A. Community Housing Standards: The applicant shall meet the community housing obligation through one of the following methods: constructed on site, constructed off site, through land conveyance, or cash in lieu. Other methods of meeting the CH obligation may be considered only if recommended by BCHA. A CH plan shall be created following a preapplication meeting with BCHA regarding options for fulfillment of the community housing obligation, pursuant to subsection 9-35-12A of this chapter.
1. Constructed (Or Provided) By Applicant On Site Or Off Site: The CHUs may be for sale, for rent, or a mix of ownership and rental units. The applicant shall submit a CH plan based on input from BCHA that outlines the location, number, size and targeted average income category of the units based on evidence of current need. Units need not be of new construction, but shall meet all applicable standards as recommended by BCHA and approved by the board. On site CHUs may be provided in addition to the number of free market units calculated at the base density. The percentage of CH required is set forth in table 3 of this section:
TABLE 3
Average Income Category | Percentage CH Required |
1 (up to 50% AMI)1 | 15% of units |
2 (50% - 60% AMI)1 | 17% of units |
3 (60% - 80% AMI) | 21% of units |
4 (80% - 100% AMI) | 25% of units |
Note:
1. Categories 1 and 2 are often provided as rental units and not ownership units.
(On site residential example: 5 acre lot x 12 units per acre base density = 60 units. If CHUs average category 4: 60 units x 25% = 15 CHUs. 60 free market units shall be allowed plus the 15 CHUs.)
(On site commercial example for CH-C subdistrict: 25,000 commercial square feet proposed. 25,000/2,500 = 10 commercial units. If CHUs average category 2: 10 commercial units x 17% = 1.7 CHUs required.)
The community housing units (CHU) shall be generally comparable in appearance to the free market units in the subject development and shall meet the minimum construction standards of BCHA. The minimum size of CHUs shall be as set forth in the provisions of section 6.5 of the CH guidelines, as amended. The number of CHUs may be adjusted pursuant to section 6.5 of the CH guidelines, subject to approval through the CH-PUD process.
2. Land Conveyance: Land may be conveyed to a housing entity as recommended by BCHA and approved by the board, for the construction of CHUs by affordable housing development entities. Land to be conveyed may be located on or off site, as acceptable to BCHA. The area of land conveyed on site shall be twenty percent (20%) of the gross land area of the CH-PUD, which shall not be deducted from the total gross land area for the purpose of calculating the allowable density for the free market units. For CH-PUDs not developing to the maximum density, the land area conveyed shall be a minimum of seven hundred twenty six (726) net square feet per approved free market unit. Basic infrastructure including roads and water and sewer main lines shall be available or installed by the developer to, but not within, the conveyed land. The area of land conveyed off site shall be zoned to allow for single-family or multi-family dwellings as appropriate, be served by all necessary utilities and services, and as determined by BCHA have the same or greater impact on communitywide affordable housing needs. The minimum conveyed land area shall be of adequate size to accommodate at least one CHU. Land conveyed may only be utilized for the development of CH, and any recorded development agreement or plat shall include this restriction.
TABLE 4
Subdistrict | Base (Free Market) Density Per Acre | CH Density Per Acre (On Land Conveyed On Site) | Overall Maximum Density |
CH-C | 12 | 15 | 15 |
CH-S | 10 | 13 | 13 |
(On site land conveyance example: 5 acre parcel x 12 units per acre = 60 units. Land conveyed for CHUs shall be 5 acres x 20% = 1 acre. 60 free market units shall be allowed on the remaining 4 acres. On the 1 acre conveyed: 1 x 15 CH units per acre = 15 CHUs. The resulting overall average density for 75 total units on 5 acres is 15 units per acre.)
3. Cash In Lieu: The amount to be paid shall equal twenty percent (20%) of the appraised value of the gross land area. The date of the certified real estate appraisal shall be within six (6) months of the date of the CH-PUD application. Cash in lieu shall be deposited into the housing trust fund administered by BCHA.
4. Timing Of CH: When CHUs are to be provided on site, off site, or by cash in lieu, the timing shall be as set forth in the approved CH plan. When the CH obligation is met by conveyance of land, the land shall be conveyed prior to issuance of the first building permit within the development.
5. Maintaining Affordability Of CH: A deed covenant, community trust land lease, or other document shall be recorded for all rental or ownership community housing units, which shall be in a format acceptable to BCHA and shall set forth eligibility requirements and income categories served, with pricing established according to the CH guidelines. Alternatively, rental community housing units may be provided in compliance with HUD low income rental limits and IHFA management and compliance guidelines.
6. Homeowners' Associations: Homeowners' association regular dues and special assessments affect the initial selling price of a CHU according to BCHA pricing guidelines. CC&Rs shall allow future increase of dues and assessments only in accordance with BCHA guidelines to ensure the ongoing affordability of the CHUs.
B. Bulk, Parking And Open Space Standards:
1. Setbacks And Building Height: Setbacks and building height standards are set forth in table 5 of this section.
TABLE 5
Subdistrict | Minimum Setback From Highway 75 | Minimum Setback From Broadway Run | Minimum Setback From Exterior Property Lines | Internal Setbacks1 | Maximum Building Height |
CH-C | 25' | n/a | As approved | As approved | 42' (20' within 50' of Hwy. 75) |
CH-S | 100' | 50' | 20' | As approved | Per underlying zoning |
Note:
1. As approved through CH-PUD process and pursuant to fire district requirements.
2. Building Footprint: The maximum residential building footprint shall be ten thousand (10,000) square feet, including all enclosed space measured from exterior building walls.
3. Parking Standards: Parking standards shall be as established in chapter 28, "Off Street Parking And Loading Facilities", of this title except as follows:
Light industrial uses: 1 space per 1,000 gross square feet.
Uses not listed: 1 space per 500 gross square feet.
Multi-family developments shall provide bicycle parking at a ratio of at least 1 space per 2 units.
4. Common Open Space Standards:
a. A minimum of seven hundred fifty (750) square feet per free market unit shall be reserved for common open space. Common open space shall be convenient to and usable by residents of the development rather than existing as unrelated, isolated fragments, and shall include at a minimum finished grading and ground cover, trees and shrubs, trash containers and park bench(es).
b. Developments with more than twenty (20) free market units shall provide common open space at a rate of seven hundred fifty (750) square feet per free market unit and shall include at a minimum finished grading and ground cover, trees and shrubs, trash containers, park bench(es), and picnic tables and other active park space or recreational improvements.
c. Dedicated common open space located off site, within or directly adjacent to the overlay district and with improvements noted in subsection B4a or B4b of this section, may be permitted, subject to such conditions or limitations as the board may require to mitigate adverse impact or to ensure that the benefits derived from the proposed open space are of comparable value and benefit to residents of the community housing overlay district.
d. Additional improvements such as sports facilities may be considered in lieu of open space area when determined to be of equal value as recommended by the Blaine County recreation district (BCRD) and approved by the board.
e. All common open space and on site or off site improvements shall be maintained by the homeowners' association unless agreements are provided for maintenance by the BCRD or other public entity.
C. Design Standards:
1. Architectural Design:
a. Consider natural light reaching public streets, sidewalks and open spaces.
b. Provide continuity of materials, colors and signing within the project; use primarily nonreflective materials and avoid colors that conflict with the natural surrounding setting.
c. Provide undulation/relief in building walls, thus reducing the appearance of bulk and flatness.
d. Give multi-unit structures the appearance of small neighborhood units; provide a mix of housing types and styles.
e. Design roofs to minimize the visual impact of the structure using nonreflective materials. Exception to the use of nonreflective materials may be made when use of solar panels is proposed.
f. Include weather protection which prevents water and snow from dripping and sliding onto areas where pedestrians gather and circulate or onto adjacent properties.
g. Provide enclosed or covered storage areas for household goods, bicycles, boats, recreational vehicles, trailers on site for each residential unit, according to CH guidelines, and/or provide plan for storage which may include requirement to store large items off site. Screen view of storage areas from public roads and from adjoining properties. Overhead doors should not face a public street.
h. All exterior lighting shall comply with the outdoor lighting requirements of chapter 29A of this title.
2. Site Design:
a. Preserve the site's significant natural features such as hillsides, natural drainage features, mature trees and landscaping. Minimize cuts and fills and conceal with landscaping. Natural drainage through the site shall be maintained; drainage from constructed improvements shall be retained on site.
b. Avoid repetitious design including streetscape setbacks, driveways, elevations, and landscaping. Provide a mix of lot sizes.
c. Locate storage areas for minimum adverse impact upon living areas and adjacent properties. Screen storage areas with fencing or landscaping.
d. Open space design shall facilitate wildlife passage where appropriate.
3. Circulation Design:
a. Provide vehicular and nonvehicular access which is adequate to satisfy demands relative to development size. These accesses shall be located to connect with existing and anticipated transportation networks, including public transit, easements and pathways. Walkways, pedestrian paths and bicycle paths should link residences with parking areas, recreation facilities, open spaces, existing bike paths, surrounding trails, and transit stops. Sidewalks (5 foot minimum width) shall be located along all MP ROWs and on at least one side of interior streets serving more than four (4) dwelling units.
b. Minimize access to Highway 75, eliminating highway access when access to Broadway Run or Hospital Drive is available and feasible.
c. Provide locations for school bus or other transit stops or shelters as needed by the school district or Mountain Rides.
d. Locate parking areas for minimum adverse impact upon living areas within the proposed development and upon adjacent properties with regard to noise, lights and visual impact. Break up large expanses of parking lots. All surface parking lots with more than thirty (30) vehicle spaces shall be divided into separate areas by landscaped areas of at least ten feet (10') in width. Parking lots shall not dominate the street frontage and shall generally not be located in front yards.
e. Provide adequate unobstructed access for emergency vehicles, snowplows, garbage trucks, and similar service vehicles to all necessary locations within the proposed project.
f. Provide snow storage areas for snow cleared from the parking areas, roadways, sidewalks, and transit stops within the project, at a rate of thirty five percent (35%) of these surfaces.
g. Locate large outdoor trash/solid waste receptacles on concrete or asphalt pads large enough to accommodate easy truck access not in conflict with residential parking or through traffic. Screen receptacles from view.
4. Landscape Design:
a. Provide substantial landscaping which is in scale with the development and which provides relief from and screening of hard surfaces.
b. Use landscaping to provide a substantial buffer and visual screening from neighboring properties and along major transportation corridors.
c. Utilize best practices to conserve the quantity of water used, maintain the quality of water returning to the ground/aquifer, minimize future maintenance and operation expenses, utilize low combustible plant species conforming to "firewise" recommendations (www.firewise.org), utilize native or native compatible and drought tolerant vegetation, and to conform to Blaine County water policy.
D. General Standards:
1. Maintenance: Design and construction materials to be used in commonly owned areas shall be durable and offer cost efficient management and maintenance. Responsibility for long term management and maintenance of common open space, amenities, and infrastructure is adequately defined in the CC&Rs, other owners' documents, and/or agreements with BCHA or other entities, and include initial developer responsibility, timing of change over to homeowners' association or other managing organization, and funding of said management and maintenance.
2. Phased Development: If the project is planned to be constructed in phases, the phasing plan shall include a schedule for the provision of community housing when CHUs are to be provided on site, off site, or by cash in lieu. The community housing obligation shall be reviewed at the end of each phase and prior to final plat if applicable. When the CH obligation is met by conveyance of land, the land shall be conveyed prior to issuance of the first building permit in the first phase. Project phases shall be self-sufficient in the event future phases are not constructed. Central water system and sewer system shall be complete and functional prior to sale of any lot or rental or sale of any community housing unit. Blaine County has full discretion to determine what improvements are appropriate for bonding and construction at a later date, if any.
3. Public Facilities And Services: The CH-PUD will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or the developer and as necessary thereafter the residents of the CH-PUD shall be able to provide adequately any such services. The CH-PUD will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. Providers of essential public facilities and services have reviewed and approved or provided comment that the CH-PUD can be adequately served at build-out. The developer has mitigated impacts on such facilities and services that cannot be met by providers and has demonstrated the ability to construct necessary improvements, facilities or infrastructure in the development schedule.
4. Detrimental Uses Prohibited: The CH-PUD will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of noise, smoke, fumes, glare, dust, odors, vibration, or water pollution.
5. State's Plans And Needs: The CH-PUD has taken into account the state's plans and needs. If the applicant or landowner with respect to an application for a CH-PUD under this chapter is the state of Idaho, or any agency, board, department, institution, or district thereof, the commission or the board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the state, or any agency, board, department, institution or district thereof, as required by Idaho Code section 67-6528. (Ord. 2013-01, 3-19-2013)