11-07-09: FOOTHILLS PLANNED DEVELOPMENT STANDARDS:

   1.   Purpose And Intent: To implement residential subdivision density and design elements of the Comprehensive Plan in the Foothills Planning Area. It is also designed to protect and promote preservation of contiguous areas of Foothills open space that contain important and significant natural and cultural resource values, as identified in The Plan and this ordinance.

   2.   Applicability: The Foothills Planned Development Ordinance shall apply to all proposed developments in the Foothills Planning Area where an annexation and/or rezone is required.

   3.   General Application And Development Requirements:

      A.   All developments shall be processed as Planned Developments (PDs) Section 11-03-04.7.

      B.   Planned development proposals shall include applications for an annexation, a development agreement, a preliminary plat subdivision, a "Hillside and Foothill Areas Development" permit, and where applicable, a floodplain permit. The initial applications may consist of conceptual applications as described in Appendix A, Phase II.

      C.   Upon annexation the buildable areas of the PD shall be zoned "R-1A," Single-Family Residential, with the density and design further controlled by the provisions of this ordinance. Slope protection and preserved open space areas shall be zoned A-1 or A-2.

      D.   Developments shall be required to connect to municipal water and sewer services and participate in other municipal service districts as applicable.

      E.   Density bonuses do not add to buildable area to be developed, they simply add to the number of units allowed.

   4.   Density Bonus:

      A.   Basic Provisions Of The Density Bonus:

         (1)   A density bonus pursuant to the formula in Table 11-07.9 shall be granted in return for preservation of open space.

         (2)   Density bonuses do not increase the area that may be developed. Rather, they increase the number of units that may be developed within the buildable area.

         (3)   The base density is according to that stated in the existing base zoning district(s).

         (4)   The bonus density units may be added to the density base units without the requirement for additional open space preservation.

         (5)   The density bonus is based upon the ratio of buildable area to be preserved as open space, to the buildable area to be developed. See Chapter 11-012, Definitions, for the definition of "Buildable Area."

         (6)   Open space or density bonus points are allowed between the numbers shown in Table 11-07.9, Density Bonus Formula, provided that the formula is unchanged.

         (7)   The density formula may be adjusted to allow density transfers from non-contiguous parcels after a Transfer of Development Rights (TDR) ordinance is in effect.

Table 11-07.9 - Density Bonus Formula
Built Area (percent)	Open Space Dedicated (percent)	Density Bonus (units/acre)	Buildable Area On 100 acres After Open Space Set-Aside (acres)	Number of Bonus Units
75	25	0.5	75.0	38
69	3	0.75	68.8	52
63	38	1.0	62.5	63
56	44	1.25	56.3	70
50	50	1.5	50.0	75
44	56	1.75	43.8	77
38	63	2.25	37.5	84
31	69	3.0	31.3	94
25	75	4.0	25.0	100

 

      B.   Eligible Preserved Open Space: Preserved Open Space Eligible for a Density Bonus as per the formula in Table 11-07.9, Density Bonus Formula, shall meet the following requirements:

         (1)   Slopes shall be 25 percent or less. Size shall be at least one acre with a minimum average width of 30 feet.

         (2)   Public rights-of-way that connect development pockets, and provide access to public open space may be included in the density calculation for open space, roads within a development pocket shall not be included. Rights- of-way that have dwelling units fronting or siding onto them shall not be included.

         (3)   Shall be classified as Priority Open Space in Section D below.

      C.   Ineligible Preserved Open Space: The following may not be considered as preserved open space in the density bonus calculation, except as may be provided in subsection D:

         (1)   Urban development such as club houses, tennis courts, swimming pools, dirt bike tracks, golf driving ranges, and similar uses that dramatically alter land from its natural state;

         (2)   Commercial land uses; and

         (3)   Internal park sites may only be included as eligible open space when in a primarily natural condition and include a significant opening from the subdivision into a larger designated open space area outside the subdivision.

      D.   Priority Open Space Eligibility:

         (1)   The city recognizes that the foothills provide a great degree of variability in landforms, environmental habitats and cultural resources. Some areas may have a combination of characteristics that cause them to be considered worthy of special incentives for preservation, even if they do not meet the normal size, slope, or dimensional requirements necessary to qualify as open space eligible for a density bonus as per paragraph B above. When these areas are identified on a property and proposed for preservation, the PZC may classify them as priority open space and allow all or a portion of them to qualify for the granting of a density bonus.

         (2)   In order to qualify for a density bonus, Priority open space lands demonstrating four of the characteristics listed below in (a) may qualify for a density bonus as high priority open space lands.

         (3)   Priority open space, when it exists, should be used in balance with other forms of eligible open space to meet the requirements of this Code. The amount allowed to qualify as open space eligible for a density bonus shall be discretionary based upon the degree to which it meets or exceeds the minimum criteria established in this section.

            (a)   Priority Open Space Characteristics: Four of the following characteristics of priority open space, must be present to be eligible for a density bonus:

               i.   Wetlands;

               ii.   Riparian areas;

               iii.   Rare plant communities;

               iv.   Critical deer and elk winter range and migration corridors;

               v.   Potential Public Preservation Sites as documented by the HPC;

               vi.   Unique geologic or visual features;

               vii.   Archeological or other historic sites;

               viii.   Designated trails and trail-heads in the Ada County Ridge to Rivers Pathway Plan;

               ix.   Other public trails and trail heads as approved by the Parks and Recreation Board;

               x.   Adjacent to publicly-held open spaces;

               xi.   Adjacent to areas that are, or have been identified for consideration as permanent public open space; and

               xii.   Dedicated or discounted sale to a public agency.

            (b)   Criteria For Determining Demonstrable Increase In Public Value Of Priority Open Space: In allowing density bonus credit for priority open space in steeply sloped areas or in fragmented pieces, there must be a demonstrable increase in the public value of the resource by such allowance. Demonstrable increase in value may include but is not limited to the following:

               i.   Allowance for public access.

               ii.   Protection from alteration of important vegetation, terrain, or scenic views and vistas that could otherwise occur from a permitted use such as mining, logging, grazing, or construction of utilities or infrastructure.

               iii.   Linkage of interspersed eligible open space areas into a more biologically complete and continuous wildlife corridor.

               iv.   Dedication or discounted sale to a willing public agency.

            (c)   PZC Consideration Of Priority Open Space:

               i.   It is not the intent of this section to broadly allow the designation of highly fragmented or steeply sloped land as open space to the total exclusion of the normal requirements of clustering and set aside of buildable area open space. Priority open space, when it exists, should be used in balance with other forms of eligible open space to meet the requirements of this code.

               ii.   When the applicant demonstrates that a portion of his property not otherwise qualified as open space eligible for a density bonus per Section 11-07-09.4, does meet the above-listed criteria, the PZC may classify it as priority open space and allow some or all of it to qualify for the granting of a density bonus. The amount allowed to qualify as open space eligible for a density bonus shall be discretionary based upon the degree to which it meets or exceeds the minimum criteria established in this section. The PZC shall seek the input of the Idaho Department of Fish and Game, the Parks and Recreation Board, and other public agencies with expertise in the issue at hand in determining the proper amount to be allowed to be set aside in return for a density bonus.

               iii.   Golf Courses Allowed In Open Space: Link type golf courses may be permitted in designated preserved open space areas, provided that the intervening spaces are maintained in a primarily natural condition. Golf courses shall use native plants and natural contours shall be left intact. Parking lots, club houses, driving ranges, maintenance facilities, and similar golf related uses shall not be counted as open space contributory to the density bonus. Designated trails and park sites must be preserved in or around the golf course.

      E.   General Design Criteria:

         (1)   Residential uses shall be clustered pockets rather than scattered throughout the property.

         (2)   Development pockets shall be designed in compliance with policies in the Comprehensive Plan concerning clustering, environmental protection, open space conservation, and scenic and aesthetic goals.

         (3)   Designated open space areas shall be linked wherever possible.

         (4)   Road and trail access to adjacent properties shall be provided to prevent landlocked parcels or breaks in the trail systems; and to provide the opportunity for future connectivity.

         (5)   Where possible roads and infrastructure shall not cross designated open space, floodways, wetlands, and areas of high wildlife habitat value.

         (6)   Disturbance of the land shall be minimized and development shall be avoided in areas that would necessitate excessive grading, cut, and fill.

         (7)   Fire safety and protection measures shall be incorporated into the design in accordance with the International Fire Code and Boise City Code Title 5. Such measures shall include residential sprinkling systems, defensible space around structures, and the provision of safe evacuation routes.

         (8)   Gated entrances to a PUD are prohibited due to the potential for such limited access to restrict or delay emergency response in the Foothills.

         (9)   Crossing designated open space, floodways, wetlands, and areas of high wildlife habitat value with roads and infrastructure shall be avoided to the greatest extent possible.

         (10)   A mixture of dwelling unit types is encouraged, including single family and multi-family dwelling units.

         (11)   Commercial and service commercial uses that serve the immediate neighborhood are allowed, but must be designed to be compatible with the height, mass, materials, and site design of the residential structures in the planned development.

      F.   Standards For Trails: Trails are required in accordance with the following:

         (1)   Public access to trails within and contiguous to the development shall be provided.

         (2)   Trail design should preserve the natural scenic and wildlife habitat values.

         (3)   The Ada County Ridge-To-Rivers Pathway Plan shall guide trail locations.

         (4)   Trails shall be secured through dedication, easement, or other such binding mechanism, and shown on the subdivision plat.

         (5)   If no contiguous or intersecting public trails exist or are proposed, private trails may be established through the common open space area, provided that the design preserves the natural character and wildlife habitat value.

      G.   Standards For Preserved Open Space:

         (1)   Preserve contiguous areas of open space, within the development and adjacent properties by aligning them along common corridors to the extent possible.

         (2)   Maintain indigenous plant species undisturbed to the extent possible. Noxious and invasive weeds are not considered indigenous and need not be preserved.

         (3)   Preserve areas of highest wildlife habitat value and migration corridors in designated wildlife habitat areas per the Comprehensive Plan.

         (4)   Preserve unique geologic and historic features, defined as heritage sites and sites designated for historic preservation by city, state, and federal agencies.

         (5)   Landslide areas and areas with unstable soils shall not be developed.

         (6)   Agricultural or utility uses may be permitted in open spaces, including livestock grazing, community gardens, irrigation ponds, or storm water retention ponds. These uses shall not include buildings or structures except those necessary appurtenances required by those uses, such as dams and irrigation or drainage systems.

         (7)   Fencing shall not encroach into preserved open space areas.

      H.   Ownership And Maintenance Of Open Space:

         (1)   Open space areas may be owned and maintained as follows:

         (2)   Owned and maintained by and for the use of the homeowners' association of the project of which it is a part;

         (3)   Joined with preserved open space lands held by any neighboring homeowner's association, or, preservation through an organization with adjacent lands held in permanent open space that would then be jointly maintained under an agreement contained in the conditional use permit or development agreement with the city;

         (4)   Dedicated or sold to the city, if recommended for approval by the Board of Parks and Recreation PZC, or other public agency, or private land trust for open space uses as may be approved in the development agreement or the conditional use and approved by the Council; or

         (5)   Other open space preservation strategies under sole or joint ownership, such as deed restrictions, or conservation easements, may be set up, and executed when approved by the city.

         (6)   Where the goals and policies of adopted plans specify the need for public trails or open space, easements for public lands or trails may be required. Trails or open spaces may be held in private ownership subject to an easement, or may be purchased by the city, or dedicated by the landowner(s) to the city.

         (7)   Specific agricultural or utility use exceptions may be permitted in open spaces, including livestock grazing, community gardens, irrigation ponds, or storm water retention ponds. These uses shall not include buildings or structures except those necessary appurtenances required by those uses, such as dams and irrigation or drainage systems. These use exceptions shall comply with the policies of the Foothills Policy Plan, shall be shown on the conditional use site plan, and shall not degrade the value of the permanent open space.

         (8)   The city will accept no responsibility for the costs for maintenance of open space or recreational facilities unless the Board of Parks and Recreation PZC and the Council specifically approve such charges.

      I.   Building And Grading Disturbance Envelopes:

         (1)   Building envelopes may be required on the final site plan for a conditional use. If required, the building envelopes shall be recorded or referenced in the notes on the final plat.

         (2)   Slopes greater than 25 percent shall be shown on the conditional use permit site plan with a disturbance envelope that defines the area outside of which no grading will be allowed.

      J.   Appendix A:

         (1)   Application Submitting Requirements: The following items are required for a Foothills Planned Development application, in addition to those items required for submitting of a standard Planned Development application under Section 11-03-04.7, and a "Hillside and Foothill Area Development" permit application under Section 11-03-04.17.

         (2)   A slope analysis in map and table form depicting areas and polygon labels for:

            (a)   All buildable areas, based on two foot contour intervals;

            (b)   All non-buildable areas based on five foot contour intervals;

            (c)   Buildable areas equal to, or greater, than one acre in size labeled as such on map and table.

         (3)   A special area analysis in map and table form depicting the general locations of:

            (a)   Floodways, floodway fringes, wetlands and riparian areas;

            (b)   Deer and elk migration corridors as determined by the Idaho State Fish and Game Department and found on maps referenced in The Plan;

            (c)   Location of rare, threatened and endangered plant species and communities regulated under the Endangered Species Act of 1973, and administered by U.S. Fish and Wildlife Service Division of Endangered Species;

            (d)   Geologic and/or historic features of note and sites designated as Heritage sites.

            (e)   Potential buildable ridge tops visible as skyline features from below the Foothills.

         (4)   A capital improvements/infrastructure analysis and map of existing and proposed locations of roads, sewers, drainage and storm water facilities, utilities, schools, parks and fire stations.

         (5)   A recreation analysis in map and table form as appropriate showing locations of existing or proposed trails as established in the Ada County Ridge-to-Rivers Pathway Plan, existing or proposed trail heads, interpretive areas and other facilities.

         (6)   An adjacent parcel analysis of lands within 300 feet of the subject property, in map form, depicting:

            (a)   Existing lots and dwellings;

            (b)   General topography;

            (c)   Existing and proposed public trails designated by the Ada County Ridge-To-Rivers Pathway Plan;

            (d)   Geologic and/or historic features of note and sites designated as Heritage sites;

            (e)   Public rights-of-way and potential road access points.

         (7)   Foothills Planned Development Design Process And Application Form Checklist: The intent of the process is to allow the applicant and staff to work together to insure that there is a clear understanding about the critical issues prior to the application submitting and throughout the hearings. The applicant should follow this order of events in analyzing, designing and applying for the project.

         (8)   Phase I - Pre-Application:

            (a)   Meet with the city staff about basic design issues before development of a conceptual design.

            (b)   Meet or confer with surrounding landowners about the potential for cooperative development plans.

            (c)   Do a sketch map of the project area and adjacent parcels showing general soil characteristics, slopes, wildlife habitat, permanent open space and/or public lands, drainage courses, unique geologic and historic features, public trails, and other features of note.

            (d)   Meet with city staff about design issues based on sketch map findings.

         (9)   Phase II - Preliminary/Conceptual Design Requirements For Annexation, Development Agreement, Conceptual Conditional Use, Conceptual Preliminary Subdivision Plat, Conceptual Hillside And Floodplain Permit Applications:

            (a)   Map potential buildable areas.

            (b)   Determine which preserved open space/cluster density formula will be applied based upon site characteristics, access and market constraints.

            (c)   Identify proposed preserved open space area(s) based upon site characteristics including wildlife habitat values, soil conditions, geologic hazards, access constraints, drainage patterns, unique features, etc.

            (d)   Apply the density bonus formula to the remaining buildable area, according to the Table 1, to determine how many dwelling units may be permitted.

            (e)   Lay out the cluster subdivision with roads, drainage system and the appropriate number.

            (f)   of lots in the development pockets.

            (g)   Prepare a fire protection plan following guidelines set by the Boise City Fire Department.

            (h)   Prepare a traffic analysis and traffic plan consistent with requirements of the Destination 2020 Regional Transportation Plan for Ada County and its subsequent amendments and updates.

            (i)   Prepare a traffic mitigation plan including appropriate neighborhood protection, traffic calming and buffering techniques.

            (j)   Prepare a general grading plan under the conceptual "Hillside and Foothill Area Development" ordinance.

            (k)   Prepare an infrastructure phasing plan.

            (l)   Prepare a building and grading disturbance envelope plan.

            (m)   Complete any other items required by The Plan, Planned Unit Development Standards, Section 11-07-06.5, the Flood Hazard Regulations, Chapter 11-08, and the Hillside and Foothill Development Standards, Section 11-07-08.

         (10)   Phase III - Final Conditional Use, Hillside Permit, Floodplain Permit, Annexation, Development:

            (a)   Agreement and Preliminary Plat Subdivision applications;

            (b)   Meet with city staff about design issues based on conceptual approval findings;

            (c)   Prepare the applications for preliminary plat and final conditional use, Hillside permit, Floodplain permit, a revegetation and reclamation plan and other required applications and plans.

      K.   Appendix B:

         (1)   Sample Conservation Easement Document And Deed Restriction Statement: In reference to the requirements for ownership and maintenance of open space in Section 11-07-09.4.H, a sample conservation easement document is provided. This example is taken from the New Hampshire State Code.

            (a)   Conveyances Of Realty And Interests Therein, Conservation And Preservation Restrictions: A conservation restriction shall mean a right to prohibit or require, a limitation upon, or an obligation to perform, acts on or with respect to, or uses of, a land or water area, whether stated in the form of a restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the area or in any order of taking, which right, limitation, or obligation is appropriate to retaining or maintaining such land or water area, including improvements thereon, predominantly in its natural, scenic, or open condition, or in any other use or condition consistent with the protection of environmental quality.

      L.   Appendix C: Maps and guides to the regulated features in the Foothills: In reference to the requirements for submitting applications in Section 11-03-04.17, maps and guides to the features noted will be available to applicants. Boise City Foothills Policy Plan Goal 1 Objective 2 Policy 1:

         (1)   The Foothills Land Use Map provides a generalized depiction of potentially buildable areas based upon slope. At the time of zone change or development application, the developer shall submit detailed documents depicting wildlife habitat areas, existing slopes, geology and soils. This data shall be used to make more detailed determinations regarding the extent of the buildable area governed by the policies of this plan and the Hillside and Foothill Area Development ordinance;

         (2)   Figure 2-1 Wildlife Habitat Areas;

         (3)   Deer and Elk migration corridors;

         (4)   Boise City Heritage Preservation Committee: Potential Public Preservation Sites.