11-013-02: BARBER VALLEY:

   1.   Applicability Of Ordinance: This Barber Valley Specific Plan Zoning Ordinance applies to all property designated on the Barber Valley Specific Plan Zoning Map (Figure 11-013.6 below) and the Barber Valley Specific Plan Land Use Sub-Districts Map (Figure 11-013.7 below) in lieu of Chapter 11-04, Zoning Districts, except where noted herein. All remaining chapters of this Code still apply, except where noted herein. If any provision of this section conflicts with any provision of the Code, the provisions of this section shall control.

   2.   Interpretation Of Districts:

      A.   Sub-Districts Established:

         (1)   Low-density Residential (SP02-LR).

         (2)   Medium-density Residential (SP02-MR).

         (3)   High-density Residential (SP02-HR).

         (4)   Mixed Use: Office and Medium-density Residential (SP02-OMR).

         (5)   Mixed Use: Office and Commercial (SP02-OC).

         (6)   City Park (SP02-P).

      B.   District Boundaries: The location and boundaries of the Barber Valley Specific Plan (SP02) District are shown on the Barber Valley Specific Plan Zoning Map (Figure 11-013.6 below). The location and boundaries of the Barber Valley Specific Plan Sub-Districts established herein are shown on the Barber Valley Specific Plan Land Use Sub-Districts Map (Figure 11-013.7 below). Where any uncertainty exists as to the boundary of any such district, the following rules shall apply:

         (1)   Where any such boundary line is indicated as following a street, alley or public way, it shall be construed as following the centerline thereof.

         (2)   Where a boundary line is indicated as approximately following a lot line, such lot line shall be construed to be such boundary line.

         (3)   Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be as indicated upon the Barber Valley Zoning Map.

   3.   Conformity Required:

      A.   General: Except as otherwise provided herein, all land, buildings and premises in any district established herein shall be used only in accordance with the regulations established herein for that district. Additionally, no property shall be allowed to maintain an attractive or public nuisance as defined by this Code and/or state code at any time.

      B.   Purpose Of SP02-LR Sub-District: The purpose of the SP02-LR Sub-District is to provide for the development of diverse urban housing products at a net density of approximately 2 to 6 units per acre. This area may include a variety of lot sizes, with lots as small as 3500 square feet allowed, but overall gross density cannot exceed 6 units per acre. Attached units are allowed within the overall density limitations. Accessory dwelling units and uses are also allowed, along with community uses such as parks, community centers and recreational facilities.

      C.   Purpose Of SP02-MR Sub-District: The purpose of the SP02-MR Sub- District is to (a) accommodate medium density residential uses at a net density of approximately 6 to 18 units per acre; (b) provide an orderly transition from more intensive, higher density uses to less intensive, lower density uses; and (c) allow limited cottages and quasi-residential uses, including senior housing and care facilities. The SP02-MR Sub-District includes significant flexibility in lot sizes and restrictions, and anticipates residential uses ranging from row houses and townhouses to condominiums and multi-story apartments. A range of civic and recreational facilities is allowed, along with office, medical and personal service commercial uses that are ancillary to senior housing and care facilities.

      D.   Purpose Of SP02-HR Sub-District: The purpose of the SP02-HR Sub-District is to (a) accommodate higher density residential uses at a net density of approximately 18 to 40 units per acre; and (b) encourage residential uses that are convenient to shopping, recreation, cultural and other concentrated community facilities. The range of uses is similar to the SP02-MR Sub-District, with the addition of hotels, restaurants, cafes, coffee shops and theaters as allowed uses.

      E.   Purpose Of SP02-OMR Sub-District: The purpose of the SP02-OMR Sub- District is to accommodate medium density residential uses, business and professional office uses, and complementary commercial uses such as hotels, restaurants and theaters, together with necessary off-street parking facilities. The SP02-OMR Sub-District will emphasize high quality design, pedestrian orientation, and flexible development standards.

      F.   Purpose Of SP02-OC Sub-District: The purpose of the SP02-OC Sub- District is to provide a significant commercial and office component in Barber Station, together with necessary off-street parking facilities. The SP02-OC Sub- District will emphasize high quality design, pedestrian orientation, and flexible development standards. Large office buildings are allowed in this area, along with retail, shopping, service, lodging, and civic uses.

      G.   Purpose Of SP02-P Sub-District: The purpose of the SP02-P Sub-District is to accommodate City park uses, including indoor and outdoor recreational facilities and any necessary parking. The SP02-P Sub-District may also include dedicated open spaces, protected environmental sites such as wetlands and riparian areas, and hazardous areas such as floodways and steep slopes.

      H.   Design Review:

         (1)   Creation Of BVD Design Review Overlay District: This section creates an overlay district within portions of Barber Valley called the Barber Valley Design District ("BVD District"). The BVD District overlays the SP02-MR, SP02-HR, SP02-OMR and SP02-OC Sub-Districts.

         (2)   Applicability: Any visible exterior improvements to a site, building or structure (including new facilities, remodeling, rehabilitation projects and expansion projects) within the BVD District shall require submittal of a Design Review application and fee in accordance with Section 11-03-04.12, except where expressly modified herein.

         (3)   BVDR Board Review: Development applications within the BVD District must be submitted to the Barber Valley Design Review Board ("BVDR Board") prior to submission to the City for design review approval. The BVDR Board shall forward their decisions on to the City for their consideration for all projects.

         (4)   Application Content: Any BVD District application to the City shall be accompanied by the information required by Section 11-03-04.12 and by the findings, conclusions and any conditions of approval issued by the BVDR Board.

         (5)   Level Of Review: The Planning Director shall determine whether an application shall be processed at the administrative level or Design Review Committee ("Committee") level; provided, however, (i) all applications for projects that have less than 5,000 square feet of gross building area and less than 20,000 square feet of site improvements shall be administratively reviewed by the Planning Director and (ii) all applications for a Continuing Care Retirement Community shall be reviewed at the Committee level.

         (6)   Procedures: With due consideration to the decision of the BVDR Board, the Planning Director or Committee, as appropriate, shall review the application to determine whether the proposed application complies with the design review objectives, considerations and guidelines set forth in Section 11-03-04.12, Chapter 11-07, Development and Design Standards and the design criteria for the BVD District as set forth in the Barber Valley Specific Plan. Upon making such determination, the Planning Director or Committee shall issue its findings of fact, conclusions of law and conditions of approval. Any action of the Planning Director or the Committee may be appealed pursuant to the appeal provisions of this Code.

      I.   Allowed Uses: Table 11-013.8 sets forth the allowed uses in each Sub- District established herein. Allowed uses are designated with a "•". Uses listed but not designated as allowed in Table 11-013.8 are prohibited. Uses not listed in Table 11-013.8 are allowed only upon a determination by the Planning Director that such uses are similar or compatible in nature to the allowed uses in Table 11-013.8. Any affected person may appeal such a determination of the Planning Director to the Planning and Zoning Commission within 10 calendar days following the date the decision is mailed in accordance with Chapter 11-03, Review and Decision Procedures.

TABLE 11-013.8: Uses Allowed in Sub-Districts
	SP02-LR	SP02-MR	SP02-HR	SP02-OMR	SP02-OC	SP02-P
RESIDENTIAL
Apartment or Multiple Family Dwelling*		•	•	•
Row House (Townhouse)	•	•	•	•
Duplex House	•	•	•	•
Single Family Residence or Cottage	•	•	•	•
Condominiums	•	•	•	•
Home Occupation
Continuing Care Retirement Community*		•	•	•	•
Assisted Living Apartment*		•	•	•	•
Skilled Nursing Care Facility*		•	•	•	•
Memory Care Facility*		•	•	•	•
Accessory Dwelling Unit	•	•
Accessory Use	•	•	•	•
Common Areas to Support Allowed Uses	•	•	•	•	•
LODGING
Hotel (no room limit)			•	•	•
Hotel (up to 12 rooms)			•	•	•
Inn (up to 5 rooms)	•		•	•	•
Motel
OFFICE/RETAIL
Office - Business, Professional, Medical			•	•	•
Retail Store (convenience, clothing, video rental, sundries, pharmacy, etc.)					•
Personal Service Store (dry cleaning, Laundromat, barber shop, etc.)			•	•	•
Service Station					•
Automobile Service					•
Lot, Automobile Sales
Drive-Up Window					•
Billboard
Shopping Center, Convenience Commercial, Neighborhood Commercial or Community Commercial					•
Shopping Center, Regional Commercial
Car Wash					•
Grocery (up to 60,000 square feet)					•
Bank					•
Building Materials Supply					•
Wholesale Business					•
Restaurant, Cafe, Coffee Shop			•	•	•
Tavern					•
Liquor Store					•
Adult Cabaret, Adult Motion Picture Theater, Adult Theater, Bikini Bar
Temporary Sales Offices	•	•	•	•	•
Model Homes or Units	•	•	•	•	•
Health Club Facility			•	•	•
Spa/Resort				•	•
Nursery (retail or greenhouse)*		•	•	•	•
CIVIC (PUBLIC AND PRIVATE)
Bus Shelter	•	•	•	•	•
Fountain or Public Art	•	•	•	•	•	•
Library	•	•	•	•	•
Theater				•	•
Outdoor Auditorium			•		•	•
Park	•	•	•	•	•	•
Playground	•	•	•	•	•	•
Parking Lot		•	•	•	•	•
Parking Structure		•	•	•	•
Conference Center				•	•
Community Center	•	•	•	•	•
Religious Institution	•	•	•	•
Clubs, Lodges, Social Halls	•	•	•	•	•
Private Open Space	•	•	•	•	•
Recreation Center				•	•	•
Outdoor Recreation Facility	•	•	•	•	•	•
Swimming Pool	•	•	•	•	•	•
Golf Course
Golf Driving Range
CIVIL SUPPORT
Fire Station	•	•	•	•	•
Police Station		•	•	•	•
Cemetery
Funeral Home				•	•
Hospital				•	•
Medical Clinic (accessory use only in MR and HR)*		•	•	•	•
Rehabilitation Clinic				•	•
Hospital. Large Animal or Small Animal				•	•
EDUCATION
School (public, private or parochial)	•	•	•	•	•
School, Trade or Vocational			•	•	•
Family Child Care Home (1 - 6 children)	•	•	•	•	•
Group Child Care (7 - 12 children)		•	•	•	•
Intermediate or Large Child Care Center (13+ children)			•	•	•
INDUSTRIAL
Heavy Industrial Facility
Light Industrial Facility
Agriculture
Livestock
Laboratory				•	•
Public Utility Facility - Minor		•	•	•	•
Public Utility Facility - Major
Wireless Communication Facility, Micro-Cell or Visually Unobtrusive/Attached		•	•	•	•
Other Wireless Communication Facility
Mini-Storage
Warehouse
Manufacturing Facility
Power Production Facility
Broadcasting Facility (e.g. TV, radio), Micro-Cell or Visually Unobtrusive/Attached				•	•
Other Broadcasting Facility (e.g. TV, radio)
* This use is not allowed in the 8-acre parcel in the SP02 MR Sub-District.

 

      J.   Lot And Structure Dimensions: Table 11-013.9 sets forth the lot, yard, density and structure height requirements for uses within each Sub- District established herein.

TABLE 11-013.9: Lot and Structure Dimensions in Sub-Districts
	SP02-LR		SP02-MR 1		SP02-HR	SP02-OMR	SP02-OC	SP02-P
a. MAXIMUM DWELLING UNITS PER ACRE	6		182		40	18	0	--
	Attached	Detached	Attached	Detached
b. MIN. LOT AREA (square ft.)
Interior Lot	3500	4000	2000	2500	0	0	0	--
Corner Lot	4000	4500	2500	3000	0	0	0	--
c. MIN. AVG. LOT WIDTH (lineal ft.)
Interior Lot	35	40	20	25	0	0	0	--
Corner Lot	40	45	25	30	0	0	0	--
d. MIN. STREET FRONTAGE (flag lot)	10/203	10/203	0	0	0	0	0	--
e. MIN. BUILDING SETBACKS (lineal ft.)
Front Yard & Side Yard Abutting Public St.4	105	105	55	55	0	0	0	--
Abutting public park	5	5	5	5	5	5	5	--
Rear Yard	156	156	5	5	0	0	0	--
Side Yard - Interior	0	5	0	4	0	0	0	--
f. MIN. PARKING LOT/SERVICE DR SETBACKS (lineal ft.)
Front Yard & Side Yard - Adj. to St.	--		7		7	7	7	--
Rear Yard & Side Yard - Interior	--		5		5	5	5	--
g. MAX. FLOOR AREA RATIO	--		--		--	--	--	--
h. MIN. LOT AREA PER UNIT (square ft.)	--		--		--	--	1000	--
i. MAX. BUILDING HEIGHT (ft.)	35		45		55	55	55	35
1 Skilled nursing and memory care facility beds are each counted as 1/3 of a dwelling unit. 2 The following standards shall apply to the 8-acre parcel in the SP02 MR Sub-District only: (i) the maximum density shall be 12 units per acre; (ii) on perimeter lots adjacent to existing residential alleys, structures shall be no more than 2 stories and rear yard setbacks shall be 6 feet; (iii) alley access shall 22 feet of backup space; and (iv) the maximum building height shall be 35 feet. 3 10' allowed with shared access easement agreement. 4 Measured from back of sidewalk. 5 20' setback required for garages accessed from public streets. 6 5' setback allowed on corner lots with garages accessed from the side yard street (see Figure 11-013.8); 30' setback required on lots abutting the existing Riverland Terrace Subdivision.

 

      K.   Property Development Standards: Except as follows, the Property Development Standards for the Sub-Districts established herein shall be the same as those set forth in the Section 11-04-03 for residential uses and Sections 11-04-04 and 11-04-05 for office and commercial uses:

         (1)   For attached single-family units, the minimum frontage requirement in Section 11-04-03 is reduced to 18 feet.

         (2)   For lots with 0 feet frontage on a public right-of-way, drive aisles will provide access to the public street with perpetual ingress/egress or cross access easements recorded against the property. An owner's association or other agreed upon arrangement among the affected property owners will maintain the drive aisles in accordance with a recorded declaration. The easements and declaration must be reviewed by the Boise City Attorney's office at the time of preliminary plat approval to ensure the access and maintenance obligations of this paragraph are addressed. The Ada County Highway District must approve installation of any required street signs. Buildings will be addressed to the public street from which the drive aisles extend. Addresses will be clearly delineated with appropriate monuments or signs.

         (3)   Off-street parking and loading facilities shall be provided in accordance with Section 11-013-02.4 below.

         (4)   The maximum number of residential units allowed within the Barber Valley Specific Plan District is 1025. The maximum combined office and commercial square footage allowed within the Barber Valley Specific Plan District is 541,500. To exceed either of these limits, the Barber Valley Specific Plan Applicant must follow the rezone procedures of the Boise City Code to amend the Barber Valley Zoning Ordinance. In so doing, the Applicant need not amend the entire Barber Valley Specific Plan so long as the City finds that the revised limits are generally in accordance with the Barber Valley Specific Plan.

         (5)   Civic uses are limited to no more than 20 percent of the developed area in the SP02-LR Sub-District.

         (6)   A private management company must be responsible for maintenance of sprinkler systems within mixed use buildings.

   4.   Off-Street Parking And Loading Requirements: In the SP02-LR, SP02-MR and SP02-HR Sub-Districts, off-street parking and loading facilities shall be provided in accordance with Section 11-07-03, except as noted herein. In the SP02-OMR and SP02-OC Sub-Districts, off-street parking and loading facilities shall be provided in accordance with the Pedestrian Commercial Zoning District parking requirements in Section 11-07-06.2.C, except as noted herein. In lieu of the off-street parking ratio requirements in Sections 11-07-03 and 11-07-06.2.C, non-residential uses in the SP02-MR, SP02-HR, SP02-OMR and SP02-OC Sub-Districts must meet an overall parking density of 3.5 per 1000 square feet. Assisted living apartments, independent living residences within the Continuing Care Retirement Community, and similar uses shall be subject to the off-street parking requirements for "Housing for Elderly" uses listed in Section 11-07-03. Memory care facilities, skilled nursing care facilities, and similar uses shall be subject to the off-street parking requirements for "Nursing Home" uses listed in Section 11-07-03.

   5.   Administrative Provisions:

      A.   Plat Approval Criteria: Development within the Barber Valley Specific Plan District shall be subject to the subdivision and other related provisions of the Boise City Code. Additionally, the City Council must find that each preliminary plat proposed and/or amended within the Barber Valley Specific Plan District substantially conforms to the adopted Barber Valley Specific Plan and complies with all applicable provisions of the Barber Valley Specific Plan Zoning Ordinance. Plats must still proceed through the normal hearing process with review by the Planning and Zoning Commission and City Council.

      B.   Annexation Into SP02 District: Any property owner or authorized representative may seek to reclassify their property for inclusion within the Barber Valley Specific Plan District pursuant to Section 11-05-08.

      C.   Amendments: Any property owner within the Barber Valley Specific Plan District may seek to amend the Barber Valley Specific Plan Zoning Ordinance or the Barber Valley Specific Plan pursuant to the Boise City Code provisions for zoning amendments.

      D.   Exceptions:

         (1)   The Planning Director may grant exceptions to any setback, frontage, parking or height restriction up to 20 percent of the applicable limit and may grant exceptions to any use restrictions on a case by case basis.

         (2)   The Planning and Zoning Commission may grant exceptions to any setback, frontage, parking or height restriction greater than 20 percent of the applicable limit.

         (3)   Any approval pursuant to this section shall be supported by each of the following findings:

            (a)   The exception is consistent with the Barber Valley Specific Plan; and

            (b)   The exception is justified based on unique circumstances of the proposed use or exceptional design features or the shape of the land.

            (c)   The exception would not cause undue adverse impacts on any other property.

            (d)   For any approval pursuant to subparagraph b, the exception meets the general conditional use criteria in the Boise City Zoning Ordinance.

         (4)   Applications pursuant to this section shall include such information as the Planning Director determines is necessary to make the applicable findings in subparagraph c.

         (5)   The decision on any requested exception may be appealed pursuant to the appeal provisions of the Boise City Code.

      E.   Periodic Review: The Planning Director may perform a review of the implementation of the Barber Valley Specific Plan not more frequently than every 1 year after approval of first final plat. The review may address any matters the Planning Director deems appropriate regarding the progress of the development, including but not limited to (a) the Transportation Management Association; (b) the Barber Valley Wildlife Mitigation Plan; and (c) traffic impacts until 2016. Any modification of the Barber Valley Specific Plan Zoning Ordinance may only occur after review by the Barber Valley Specific Plan Applicant and the Planning Director and in compliance with the applicable Boise City Code sections for zoning amendments and Idaho Code Section 67-6511(d).

   6.   Definitions: The following definitions apply to this Section. If any conflict exists with definitions in other parts of the Code, the following definitions control.

      A.   Assisted Living Apartment: A residential apartment or apartment complex that provides personal care services to senior citizens for daily living needs. Assisted living services are a coordinated array of supportive personal and health services available 24 hours a day to residents who have been assessed to need these services, including residents who require long term care. Assisted living services promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy and dignity in a home-like surrounding.

      B.   Barber Valley Specific Plan Zoning Ordinance: Section 11-013-02 of the Boise City Code or successor section specifically setting forth zoning regulations for the Barber Valley Specific Plan District.

      C.   Barber Valley Specific Plan: The Specific Plan adopted for the Barber Valley Specific Plan District by the City of Boise on March 18, 2008, as maintained in the official records of the City, including subsequent modifications.

      D.   Barber Valley Specific Plan Applicant: Brighton Corporation or successor entities.

      E.   Barber Valley Specific Plan District: The area designated as the SP02 zone or successor designation on the City of Boise's zoning map and as shown on the Barber Valley Specific Plan Zoning Map (attached as Figure 11-013.6).

      F.   Continuing Care Retirement Community: A campus-style facility (multiple buildings on a single lot) that provides housing, personal services and health care, including nursing home care to people of retirement age. The community must provide a continuum of care to meet the needs of the individual residents, from independent living to assisted living to skilled nursing care and, possibly, memory care support. Meals, housekeeping, linens, 24-hour security and recreational services usually are provided. Each individual resident enters into a contract with the retirement community that defines the type of housing and services to be provided and the fees that will be charged.

      G.   Memory Care Facility: Same as Skilled Nursing Facility except the residents also receive care for some form of memory impairment.

      H.   Skilled Nursing Facility: A residential facility that provides 24-hour supervision by licensed nurses. The care usually is prescribed by a physician. Emphasis is on medical care, supplemented by physical, occupational, speech and other types of therapies. Personal care services, such as help with meals, bathing, dressing and grooming are also provided along with social services, religious services and recreational activities. A nursing facility offers care for individuals suffering from chronic diseases or conditions that do not require the constant attention of physicians. Services are provided that address the individuals' personal care and social-emotional needs.

Figure 11-013.6: Barber Valley zoning map

Figure 11-013.7: Barber Valley land use Sub-districts

Figure 11-013.8: Barber Valley site plan