4 CAR20-00019 / GGLO Summary The applicant requests a rezone of 0.36 acres from PCDD (Pedestrian Commercial with Downtown Design Review Overlay) to C-5DD/DA (Central Business District with Downtown Design Review Overlay and a Development Agreement). Prepared By David Moser, Associate Planner Recommendation Approval Reason for the Decision The rezone meets the approval criteria of Boise City Code Section 11-03-04.3(B)(7)(c). The subject property is located within the Downtown Planning Area, and the Westside Downtown Urban Renewal District. It is also designated as “Downtown Mixed Use” on the Land Use Map of Blueprint Boise and is identified as an area of “Significant Infill and Redevelopment Anticipated” within the Downtown Planning Area. Due to these factors the C-5DD/DA zone is appropriate within the neighborhood and precisely what was envisioned by the Comprehensive Plan and the Development Code for this site. The “Downtown Mixed Use” Land Use designation would allow all the zoning districts. However, most of these allowed zones would be considered an underutilization or not appropriate due to the context of the surrounding neighborhood. The proposed C-5 zone is the most appropriate given the mixed-use nature of the project and the proposed density of the project. The proposed rezone complies with the Comprehensive Plan. The subject property is located along State Street, which is a major transit corridor. High density residential developments are encouraged along transit corridors and close to bus stops (Policy CC 9.1(a)). The State Street Corridor Transit Oriented Development (TOD) Plan promotes mixed-use developments near Bus Rapid Transit (BRT) stations and the intersection adjacent to the site is identified as a secondary TOD station. In addition, the conceptual mixed-use project will activate the pedestrian environment along the street frontages. The building and project design is promoted with the Downtown Planning Area (Policies DT-CNN 1.4 and 1.5). The change of zoning with the Development Agreement (DA) is in the best interest of the public convenience and general welfare. The C-5DD/DA zone is appropriate for the area since it allows for the type of development and residential density anticipated for the neighborhood. It promotes an active urban pedestrian environment which activates the street frontage and allows for a mixed-use development (i.e. commercial and multifamily residential uses). The DA also commits the developer to provide affording housing on site which is in the best interest of the public. The rezone to C-5DD/DA maintains and preserves the compatibility between the property and the surrounding area. When considering the broader vision for Downtown, the C-5 (Central Business District) zone is specifically envisioned for this area. In addition, the DA will ensure the rezone is compatibility with the surrounding area. It will limit the building height and massing and identify specific uses in order to create a transition between the C-5 zone and adjacent properties. This report includes information available on the Boise City Website. The entire public record, including additional documents, can be viewed through P&L Portal.
Transcript
4 CAR20-00019 / GGLO Summary The applicant requests a rezone of 0.36 acres from PCDD (Pedestrian Commercial with Downtown Design Review Overlay) to C-5DD/DA (Central Business District with Downtown Design Review Overlay and a Development Agreement).
Prepared By David Moser, Associate Planner
Recommendation Approval
Reason for the Decision The rezone meets the approval criteria of Boise City Code Section 11-03-04.3(B)(7)(c). The subject property is located within the Downtown Planning Area, and the Westside Downtown Urban Renewal District. It is also designated as “Downtown Mixed Use” on the Land Use Map of Blueprint Boise and is identified as an area of “Significant Infill and Redevelopment Anticipated” within the Downtown Planning Area. Due to these factors the C-5DD/DA zone is appropriate within the neighborhood and precisely what was envisioned by the Comprehensive Plan and the Development Code for this site. The “Downtown Mixed Use” Land Use designation would allow all the zoning districts. However, most of these allowed zones would be considered an underutilization or not appropriate due to the context of the surrounding neighborhood. The proposed C-5 zone is the most appropriate given the mixed-use nature of the project and the proposed density of the project.
The proposed rezone complies with the Comprehensive Plan. The subject property is located along State Street, which is a major transit corridor. High density residential developments are encouraged along transit corridors and close to bus stops (Policy CC 9.1(a)). The State Street Corridor Transit Oriented Development (TOD) Plan promotes mixed-use developments near Bus Rapid Transit (BRT) stations and the intersection adjacent to the site is identified as a secondary TOD station. In addition, the conceptual mixed-use project will activate the pedestrian environment along the street frontages. The building and project design is promoted with the Downtown Planning Area (Policies DT-CNN 1.4 and 1.5).
The change of zoning with the Development Agreement (DA) is in the best interest of the public convenience and general welfare. The C-5DD/DA zone is appropriate for the area since it allows for the type of development and residential density anticipated for the neighborhood. It promotes an active urban pedestrian environment which activates the street frontage and allows for a mixed-use development (i.e. commercial and multifamily residential uses). The DA also commits the developer to provide affording housing on site which is in the best interest of the public.
The rezone to C-5DD/DA maintains and preserves the compatibility between the property and the surrounding area. When considering the broader vision for Downtown, the C-5 (Central Business District) zone is specifically envisioned for this area. In addition, the DA will ensure the rezone is compatibility with the surrounding area. It will limit the building height and massing and identify specific uses in order to create a transition between the C-5 zone and adjacent properties.
This report includes information available on the Boise City Website. The entire public record, including additional documents, can be viewed through P&L Portal.
N 16th Street view looking South towards to State Street (NW Corner)
W. State Street view looking towards to 16th Street (SE Corner)
State Street /16th Street Intersection view looking east
N 16th Street view Looking towards State Street (SE Corner)
site
site
site
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16th and State Multi-Family | Boise, ID | Re-zoning Package | 10.27.2020 2
SECTION 01 | EXISTING CONDITIONS
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16TH & STATE
MULTIFAMILY
DEVELOPMENT
Boise, ID
C4Investments
Re-zoning Package
October 27, 2020 SITE
EXHIBIT B | CONCEPTUAL PLANS
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16th and State Multi-Family | Boise, ID | Re-zoning Package | 10.27.2020 3
LEVELS 1 & 2
SECTION 02 | CONCEPT PLANS
West State Street
North 16th
Street Parking
Retail
West State Street
North 16th
Street
TYPICAL RESIDENTIAL LEVEL
Stair
Stair
Elev
Open Space
Type 3: Urban Concrete
Streetscape
Type 4: Neighborhood
Streetscape
Stair
Stair
Elev
RAMP UP
RAMP DOWN
Residential
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North
16th
Stree
t
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SECTION 03 | MASSING
CORNER VIEW
Wes
t State
Stre
et
North 16th Street
16th STREET LOOKING SOUTH
West S
tate Stree
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North 16th Street
STATE STREET LOOKING EAST
West State Street
STATE STREET LOOKING WEST
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CORNER VIEW
North 16th Street
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SECTION 03 | BUILDING CONCEPT
West Sta
te Stre
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16th and State Multi-Family | Boise, ID | Supplemental Information | 11.6.2020 1
SITE PLAN
S E C T I O N 0 4 | P R O J E C T DATA
West State Street
Nor
th 1
6th
Str
eet
Parking
Retail
Type 3: Urban ConcreteStreetscape
Type 4: NeighborhoodStreetscape
Stair
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Elev
RAMP UP
RAMP DOWN
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5th
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PR O J EC T DATA
- 100 to 105 units
- Parking per code
- Building steps down from 85’ to 60’
- 3,000 - 4,000 sf pedestrian-oriented commercial
- Street front improvements shall be per City standards
- Garage access from 16th Street (left in / left out) and from StateStreet (right in / right out)
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Recording requested by:
Planning and Development Services Department City of Boise City PO Box 500 Boise, Idaho 83701-0500
(Space Above for Recorder’s Use)
DEVELOPMENT AGREEMENT (CAR20-00019)
This Development Agreement (this “Agreement”) is made effective as of the date identified in Section 8 hereof (the “Effective Date”) by and between City of Boise City, an Idaho municipal corporation (“City”) and Cameron Investments, L.C., an Idaho limited liability company (“Developer”).
RECITALS
A. Developer owns the real property that is located at 1522 W. State Street, Boise,Idaho 83702, and legally described on Exhibit A, attached hereto (the “Property”).
B. The Property is currently zoned Pedestrian Commercial with Downtown DesignReview Overlay District (PCDD), which is intended for retail, office and residential mixed-use developments in a pedestrian friendly environment, but which has a height limit that is more appropriate for areas outside of the downtown area.
C. Developer has applied to City for a conditional rezone to Central Business –Downtown Design Review Overlay District with a Development Agreement (C-5DD/DA) so that Developer may construct a pedestrian-oriented retail/residential mixed-use development (and associated parking) with the height and density that is appropriate for the downtown area, all as set forth in more detail in Boise City Application No. CAR20-00019.
D. Pursuant to Boise City Code § 11-03-04.2 and Idaho Code § 67-6511A, City hasthe authority to conditionally rezone the Property and to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, but for which the requested zoning may not be consistent with Idaho Code and Boise City Code; and
E. City has held the public hearings required by law for the zoning and planneddevelopment of the Property, and for this Agreement; and
F. City and Developer desire to enter into this Agreement to allow the Property to bedeveloped as provided in this Agreement, subject to the terms and conditions hereof.
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AGREEMENT
NOW THEREFORE, in consideration of the above recitals and the covenants, duties and obligations herein set forth, the sufficiency of which consideration is hereby acknowledged, City and Developer agree as follows:
Location: 1522 W. State Street, Boise, Idaho 83702 Ada County APN: R1013008404 Description: As set forth on Exhibit A. Size: +/- 0.36 acres Prior Zoning: Pedestrian Commercial with Downtown Design Review (PCDD) Requested Zoning: Central Business - Downtown Design Review with a
Development Agreement (C-5DD/DA)
2. Permitted Uses. The sole uses of the Property that are allowed on the Property pursuant to this Agreement are (the “Permitted Uses”):
• Multi-family residential uses (including amenities related thereto); • General office uses; • Commercial uses, including retail and restaurant; • Parking for on-site uses; • Other uses that are customarily accessory to the above primary uses; and • The current lawful uses of the Property as interim uses until development of the
Property pursuant to this Agreement.
The Permitted Uses will not be changed without modification of this Agreement in accordance with Boise City Code.
3. Development of the Project. Any new improvements and site work to be constructed on the Property pursuant to this Agreement (the “Project”) will be:
a. Conceptually in accordance with the conceptual plan attached hereto as Exhibit B and made a part hereof (the “Conceptual Plan”);
b. In compliance with the conditions of approval set forth in Exhibit C (the “Conditions of Approval”);
c. Consistent with the development standards set forth in Section 4 below; and d. Otherwise in compliance with applicable law.
City may decline to grant any building permits for the Property for new improvements or site work on the Property that are not consistent with this Section 3. Construction of
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any new improvements or site work on the Property in violation of this Section 3 will constitute a material default of this Agreement.
4. Development Standards. The following provisions, requirements and conditions will apply to the development of the Project on the Property:
a. Variances from Conceptual Plans. The Conceptual Plans are intended to be conceptual only, and that some variances from the Conceptual Plans are normal and expected (1) for the design of the Project to be further refined in a manner that is functional and aesthetically pleasing; (2) to allow for normal input from City staff and the public during the Design Review process; and (iii) to allow the Project design to address practical and engineering issues that may arise during the development process. Accordingly, the Design Review Committee and City staff (as applicable) will have the authority to approve minor variances from the Conceptual Plans through the ordinarily applicable Design Review process (i.e., both staff level decisions and Committee level decisions). Substantial variances from the Conceptual Plans must be approved by the Boise City Council through an amendment to this Agreement. The Director of Planning and Development Services will have the discretion and authority to determine whether variances are “minor” or “substantial”, which decision will be final and not appealable.
b. Building Height Limit. The maximum building height on the Property may not exceed eighty-five (85) feet, as measured in accordance with the Boise City Code; provided, however, rooftop enclosures (such as elevator, stairway and mechanical penthouses), mechanical equipment (and any related screening elements) may exceed the foregoing height limitation to the extent permitted by the Boise City Code.
c. Sustainability Features. In the development of the Project, Developer will comply with the Sustainability Features Covenants set forth on Exhibit D, attached hereto.
5. Housing Covenant. In the operation of the Project, Developer will comply with the Housing Covenant set forth on Exhibit E, attached hereto.
6. Default
a. Developer will be in material default of this Agreement if Developer users or develops the Property in violation of the terms of this Agreement (e.g., changes or expands the use of the Property beyond that permitted by this Agreement), or if Developer otherwise fails to faithfully comply with all of the terms and conditions of this Agreement.
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b. Neither party will be deemed to be in default of this Agreement until the non-defaulting party gives the defaulting party a written notice specifying the asserted default in reasonable detail and providing the defaulting party thirty (30) days to cure such default; provided, however, if the default cannot reasonably be cured within such 30-day period, the defaulting party will have a reasonable period to cure such default. In the event of a default by Developer that creates an emergency that threatens public health and safety, then City’s notice obligations and the cure prior will be as City determines to be reasonable in light of the circumstances.
c. If Developer is in default, then City may (1) seek specific performance of Developer's obligations; (2) withhold issuance of any development permits or approvals until such default is cured; and/or (3) exercise the special remedies in Section 7 hereof.
d. If City defaults, Developer may seek specific performance of City's obligations.
e. City’s waiver of any default by Developer of any one or more of the covenants or conditions of this Agreement will apply solely to the defaults waived and will not affect City’s rights or remedies as to any subsequent default of the same or other covenants and conditions.
7. City’s Special Remedies. In addition to the remedies identified in Section 6.c, in the event of an uncured default by Developer, City may exercise any of the following special remedies after compliance with the applicable requirements of Boise City Code:
a. Amendment. If the Boise City Council determines that that Developer’s default warrants an amendment to this Agreement, then the Boise City Council will have the unilateral power to amend this Agreement to condition, restrict or eliminate any uses permitted by this Agreement. Upon adoption and recordation of such an amendment, Developer will comply with this Agreement as so amended, and any failure to comply will be a material default of this Agreement.
b. Termination. If the Boise City Council determines that that Developer’s default warrants the termination of this Agreement, then the Boise City Council will have the power to terminate this Agreement by adoption and recordation of a termination instrument. In such event, Developer will cause all uses which are not consistent with the Prior Zoning to cease, except as otherwise approved by City (but need not remove any then-existing structures on the Property). Developer hereby acknowledges and agrees (for itself and any future owner of the Property) that, if City terminates this Agreement for Developer’s default, then City will have the right to rezone of the Property to the Property’s prior zoning classification, or to any other lawful zoning classification that City deems appropriate for the Property.
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8. Effective Date. This Agreement will be effective on the date that City has adopted and published an ordinance by the Boise City Council zoning the Property pursuant to Boise City Application No. CAR20-00019 (the “Rezoning Ordinance”).
9. Notices. All notices required to be given by either party under this Agreement must be in writing and will be deemed delivered upon personal service (if delivered by hand or courier) or when mailed by United States certified mail, return receipt requested, addressed as follows:
To City: Director Planning and Development Services Department City of Boise City PO Box 500 Boise, Idaho 83701-0500
To Developer: To the then current fee simple owner(s) of the Property on the
records of the Ada County Assessor, at the address for the owner in the records of the City, Ada County Assessor or the Idaho Secretary of State.
City may change its address by notice to Developer or general notice to public (including updates on City’s public website). Developer agrees to keep its current mailing address on file with City, the Ada County Assessor and Idaho Secretary of State.
10. Attorneys’ Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party will be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys’ fees as determined by a court of competent jurisdiction. This provision will be deemed to be a separate contract between the parties and will survive any default, termination, or forfeiture of this Agreement.
11. Time is of the Essence. Time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder will constitute a breach of this Agreement by the party so failing to perform.
12. Modification. Except as set forth in Section 6, this Agreement may not be modified except with the consent of City and Developer, and then only by written instrument duly executed, acknowledged and recorded in the real property records of Ada County, Idaho.
13. Binding upon Successors. This Agreement will be binding upon every person or entity having any fee, leasehold or other interest in the Property. The term “Developer” means only the then-current fee simple owner of the Property. Each Developer is obligated to
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perform its obligations only during the time such Developer owns fee simple title to the Property. Any Developer who transfers its title to the Property is relieved of all liabilities for the obligations of Developer under this Agreement to be performed on or after the date of transfer. If Developer is composed of more than one person or entity, then all persons or entities comprising Developer will be jointly and severally obligated to perform the obligations of Developer under this Agreement.
14. Recordation. City will record this Agreement (including all exhibits attached hereto) in the real property records of Ada County, Idaho prior to adopting and publishing the Rezoning Ordinance. If for any reason after such recordation the Boise City Council fails to adopt such an ordinance, City will execute and record an appropriate instrument releasing this Agreement.
15. Invalid Provisions. If any provision of this Agreement is invalid, illegal or unenforceable under the applicable law, then then provision will be deemed to be excised from this Agreement and the validity and enforceability of the remaining provisions of this Agreement will not be affected thereby.
16. Force Majeure. Developer will not be in default of this Agreement for any reason beyond the reasonable control of Developer, such as casualty events or other damage to the Project or the Property.
17. Interpretation. Where the context requires, words importing the singular will include the plural and vice versa, and words importing persons will include entities. Headings are for convenience of reference only. Where the context requires, any reference to a person, entity or party will include the person’s, entity’s or party’s successors and permitted assigns. The word “include” or “including” are to be construed without limitation. Each party has been represented by legal counsel in drafting and negotiating this Agreement, so the parties agree that the normal rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement. All exhibits hereto as incorporated herein.
18. No Third Party Beneficiaries. City and Developer are the only beneficiaries of this Agreement. No person will be a third party beneficiary hereof, and no Tenant will have the right to enforce this Covenant. If any person who believes that Developer has not complied with the terms of this Agreement, then the person may notify City thereof. Nothing in this Development Agreement will give rise to a damages claim against Developer or City, it being the intent that the exclusive remedies for default are set forth in Section 6 and Section 7 hereof.
[ end of text – counterpart signature pages follow ]
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COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed.
Dated this day of _____________, 2021.
City: CITY OF BOISE CITY, an Idaho municipal corporation
By: Lauren McLean Mayor
ATTEST: By: Lynda Lowry Ex Officio City Clerk STATE OF IDAHO )
) ss. County of Ada ) This record was signed before me on ________________________ by Lauren McLean as Mayor, and by Lynda Lowry as Ex Officio City Clerk, of City of Boise City.
Notary Signature
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COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed.
Dated this day of _____________, 2021.
Developer: CAMERON INVESTMENTS, L.C., an Idaho limited liability company
By: Matthew Cameron Clark Manager
STATE OF IDAHO )
) ss. County of Ada ) This record was signed before me on ________________________ by Matthew Cameron Clark as Manager for Cameron Investments, L.C.
Notary Signature
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EXHIBIT A
LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF THE PROPERTY
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EXHIBIT B
CONCEPTUAL PLANS
[ Attached; ________ (___) Pages ]
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EXHIBIT C
ACTION LETTER FROM BOISE CITY COUNCIL (with Conditions of Approval)
[ Attached; ________ (___) Pages ]
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EXHIBIT D
SUSTAINABILITY FEATURES COVENANT “Sensible Sustainability” Standard
The Project must incorporate sensible sustainability features consistent with good design (i.e., function, appearance and durability) and good economics (i.e., cost efficient over the life-cycle). Developer must consult with City’s Public Works Department to identify sustainability features that may be appropriate or sensible for the Project.
Developer presently intends to incorporate the following sustainability features (or their equivalents):
(1) A storm water detention and infiltration system to capture and release the Project’s stormwater runoff;
(2) On-site bike storage and maintenance facilities for users of the Project to enhance the convenience of bicycles as an alternative mobility option;
(3) Electric vehicle charging stations in the parking garage to promote the use of electric vehicles that will reduce the impact of vehicle emission on the environment; and
(4) Use of sensible “green features” in the design of the Project, such as LED lighting throughout the building, Energy Star rated appliances, and low-flow plumbing fixtures.
Developer agrees to study the feasibility of incorporating the following sustainability features into the Project’ provided, however, Developer will not be obligated to incorporate any studied sustainability feature unless Developer concludes that the application of that sustainability feature is practical and makes economic sense for the Project:
(1) Active or passive solar panels on the roof of the Project; (2) Installing a “green roof” or “green wall” within the Project; and (3) A package receiving system to facilitate the on-line ordering and delivery of
products that may not be available from retailers within walking distance of the Property.
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EXHIBIT E
INCOME RESTRICTED HOUSING COVENANT “Attainable Housing” Standard
This Income Restricted Housing Covenant (this “Housing Covenant”) is made by Cameron Investments, L.C., an Idaho limited liability company (“Developer”) for the benefit of City of Boise City, an Idaho municipal corporation (“City”) pursuant to that certain Development Agreement between Developer and City that this Housing Covenant is made part of (the “Development Agreement”). Capitalized terms used in this Housing Covenant, but not defined herein, will have meaning for that term set forth in the Development Agreement.
1. Term. Developer’s obligations under this Housing Covenant will commence on the issuance date of the first certificate of occupancy (temporary or permanent) for a new multi-family housing project constructed on the Property pursuant to the Development Agreement (the “Commencement Date”). Subject only to Section 12 hereof, this Housing Covenant will automatically expire five (5) years from the Commencement Date (the “Expiration Date”). After the Expiration Date, City agrees to execute any confirmation of the expiration of this Housing Covenant that is reasonably requested by Developer.
2. Covered Units. From the Commencement Date, Developer agrees to market, lease and operate not less than five percent (5%) of the total number of dwelling units on the Property (each, a “Covered Unit” and collectively, the “Covered Units”) on the terms set forth in this Housing Covenant. To the extent reasonably practical (and subject to Tenant preferences), Developer will endeavor to have unit types for the Covered Units be a similar proportion to the mix of the same unit types in the Property. To the extent reasonably practical, Developer will endeavor to distribute the Covered Units throughout the Property. At least one Covered Unit must be accessible to individuals with mobility impairment or sensory impairment. Developer may exchange any Covered Units from time to time with another generally equivalent dwelling units of the same type on the Property.
3. Target Income Group; Income Restriction. For Covered Units, Developer will market
the units as “income restricted” for Tenants with incomes of at least 80% of the then-current “Area Median Income” (AMI) for Tenant’s family size published by the U.S. Department of Housing and Urban Development (HUD) “Boise City, ID HUD Metro FMR Area” (or its successor index) (“80% AMI”), but with incomes that do not exceed 100% of the then-current AMI for Tenant’s family size using the same index (“100% AMI”). Each Covered Unit must be occupied (or, if unoccupied, made available for occupancy) by a Tenant (defined below) with gross family income of at least 80% AMI but that does not exceed (“100% AMI”) (the “Income Qualification”). For reference, 80% AMI to 100% AMI for FY2020 for a one-person family (for efficiency units) is $41,900 to $52,360. Developer
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will verify that each Tenant meets the Income Qualification, which verification may be by any reasonable method, including Tenant self-certification that Tenant income statements to Developer are true and correct in all material respects. Developer must annually re-verify each Tenant’s Income Qualification. If a Tenant no longer meets the Income Qualification, then the Tenant is no longer eligible to renew or extend any lease for a Covered Unit. Developer may renew or extend the lease of a Tenant that is no longer eligible only if Developer exchanges the Covered Unit occupied by the Tenant with the next available, generally equivalent dwelling unit of the same type on the Property.
4. Rent Limitation. To maintain the Covered Units as affordable for the target income group,
Developer may not charge monthly rent for a Covered Unit that exceeds 30% of 80% AMI (regardless of the actual income of the Tenant) for the unit type. For reference, 30% of 80% AMI for FY2020 for a one-person family (for efficiency units) is $41,900, so the rent limit for FY2020 would be $1,047.50 per month (i.e., $41,900 x 30% / 12). As used herein, “rent” includes basic water, sewer and trash collection services, but excludes any charges for gas, electricity telephone, internet or other utilities and services. If Developer includes the cost of gas, electricity, telephone, internet or other utilities and services in the rent for other units in the Property, then Developer may provide the same utilities and services to the Covered Units and increase the rent for each Covered Unit to include Developer’s reasonable estimate of the Covered Unit’s proportionate share of the costs of the included utilities and services in the rent.
5. Tenant. As used herein, the “Tenant” for a Covered Unit means all persons that lease or
occupy the Covered Unit as a dwelling, whether or not the persons are related. Nothing in this Housing Covenant will require Developer to lease any Covered Unit to a Tenant that does not meet Developer’s then-current tenant selection criteria for the Property (other than limited income as permitted herein), and nothing in this Housing Covenant limits Developer’s right to enforce the terms of any lease or other agreement with a Tenant.
6. No Available Tenants. If Developer is unable to lease a Covered Unit to a qualifying
Tenant for a period of forty-five (45) days or longer despite commercially reasonable marketing efforts, Developer may lease the Covered Unit to another tenant, and that tenant will be deemed to be a qualifying Tenant for purposes of this Covent with respect to the Covered Unit. In that event, if another dwelling unit in the Property that is equivalent to the Covered Unit becomes available for lease, Developer will designate the available unit to be a Covered Unit for purposes of this Covenant (which designation releases the Covered Unit leased to a tenant that is not a qualifying Tenant from this Covenant), and Developer will use commercially reasonable efforts to lease the newly designated Covered Unit to a qualifying Tenant.
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7. Annual Reports. After the Commencement Date, Developer will provide City with a written report (in any form reasonably requested by City) by March 1 of each year that provides reasonable evidence that the Covered Units have been leased (or made available for lease) in compliance with this Housing Covenant (as applicable) during the prior calendar year. The final annual report will be due by March 1 of the year after the Expiration Date.
8. Force Majeure. Developer will not be in default of this Housing Covenant if any Covered
Unit is not occupied (or made available for occupancy) for any reason beyond the reasonable control of Developer, such as casualty events or other damage to a Covered Unit; provided, however, Developer covenants to restore the Covered Unit with reasonable diligence under the circumstances.
9. Compliance with Applicable Law. Developer covenants that the Covered Units will be
marketed, leased and operated in compliance with applicable laws, including laws related for fair housing.
10. Binding Effect. This Housing Covenant will be binding upon every person or entity having
any fee, leasehold or other interest in the Property. The term “Developer” means only the then-current fee simple owner of the Property. Each Developer is obligated to perform its obligations only during the time such Developer owns fee simple title to the Property. Any Developer who transfers its title to the Property is relieved of all liabilities for the obligations of Developer under this Housing Covenant to be performed on or after the date of transfer. If Developer is composed of more than one person or entity, then all persons or entities comprising Developer will be jointly and severally obligated to perform the obligations of Developer under this Housing Covenant.
11. Modification. This Housing Covenant may not be modified except with the consent of
City and Developer, and then only by written instrument duly executed, acknowledged and recorded in the real property records of Ada County, Idaho.
12. Default; Remedies. If Developer breaches the terms of this Housing Covenant and fails to
cure such breach within thirty (30) days after receipt of written notice from City stating specifically the violations of this Housing Covenant (the “Default Notice”); provided, however, that if the nature of the default is such that it cannot reasonably be cured within such thirty (30) day period, Developer will not be deemed to be in default if within such thirty (30) day period Developer commences the cure and thereafter diligently prosecutes the same to completion. In the event of Developer’s default, City may, in-lieu-of any other remedies, bring an action against Developer for (i) specific performance of this Housing Covenant and (ii) the extension of the term of this Housing Covenant for a period equal to the period that Developer was not in compliance of this Housing Covenant after the Default
DEVELOPMENT AGREEMENT – 1522 W. STATE STREET (CAR20-00019) PAGE 15 OF 16
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Notice. If event City prevails on any such claim, City and Developer will execute and record a written instrument against the Property setting forth the extension of the term of this Housing Covenant.
13. No Third Party Beneficiaries. City is the only beneficiary of this Housing Covenant. No
Tenant will be a third party beneficiary hereof, and no Tenant will have the right to enforce this Covenant. If any Tenant who believes that Developer has not complied with the terms of this Covenant, then the Tenant may notify City thereof. Nothing in this Housing Covenant will give rise to a damages claim against Developer or City, it being the intent that the exclusive remedies for default are set forth in Section 12 hereof.
14. Attorneys’ Fees. If any action is filed or instituted to interpret or enforce the terms of this
Housing Covenant, the prevailing party will be entitled to receive its reasonable attorneys’ fees and litigation costs from the other party.
15. General. This Housing Covenant will be governed and construed in accordance with the
laws of the State of Idaho. The failure of City to insist upon strict performance of any of the terms, Housing Covenants or conditions contained herein will not be deemed a waiver of any rights or remedies that City may have, and will not be deemed a waiver of any subsequent breach or default in any of the terms, covenants or conditions contained herein by the same or any other person. Whenever the context so requires, the use of a gender will include all other genders, the use of the singular will include the plural, and the use of the plural will include the singular.
[ end of Income Restricted Housing Covenant ]
DEVELOPMENT AGREEMENT – 1522 W. STATE STREET (CAR20-00019) PAGE 16 OF 16
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Letter of Application – 16th and State
10/27/20
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Planning and Development Services
City of Boise
Re: Record No. CAR20-00019
Dear Boise Planning Staff and Members of the Planning and Zoning Commission,
In pursuit of a mission to address the current housing challenges faced by our rapidly growing
Downtown, we are working to create a pedestrian-oriented, bicycle friendly, mixed-use, multi-family
housing development at the corner of 16th and State Streets. In addition to the goals of the
development team, we believe this project will address a number of specific goals set by the City for
the area. Our development plan will require a rezone to allow the density and height of the
proposed building, but we are not asking for an unfettered spot zone of the parcel. We propose in
the accompanying Development Agreement to limit the height of the development and also offer
the inclusion of Income Limited units in a commitment to affordability and access.
This Detailed Letter of Explanation will answer the questions outlined in the Submittal Requirement
Checklist.
a. Are there any existing Land Uses in the general area similar to the
proposed use?
Yes. The site is on the northwestern edge of the Boise’s Downtown Mixed-Use Zone
and the Boise Downtown Planning area (DT-1) as shown in Blueprint Boise. It is
across the street from the Boise Mixed Use Zone.
11/04/20 | CAR20-00019
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Letter of Application – 16th and State
10/27/20
2
The site is located on the most southern boundary of the current North End
Neighborhood District along State Street. However, the site is not in the current
North End Planning Area or the Historic District.
b. What are the adjacent property uses and zones?
Within a three-block radius there are four land use designations. The site is currently
in the PC-DD zoning with R-3DD to the north; C-2DD to the south and C-5DD to the
east.
11/04/20 | CAR20-00019
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Letter of Application – 16th and State
10/27/20
3
The site is also adjacent to a State Street Secondary TOD station.
The site is located in the Downtown Planning Area with access to the Regional
Activity Center
11/04/20 | CAR20-00019
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Letter of Application – 16th and State
10/27/20
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c. Why are you requesting a rezone?
The applicant is proposing a development that would offer needed housing for
Boise’s workforce. We are proposing housing for the “Missing Middle” with ground
floor pedestrian friendly uses. The current zone height and density restrictions limit
the ability to provide the needed housing in a cost-effective manner.
The current zone limits the following;
o Does not meet the goals for the Downtown Mixed-Use zone or
Blueprint Boise.
o Provides needed housing close to downtown employment.
o Locating more density near State Street and away from single family
zones
o Limited to a total of 15 units
o Limited building height that do not match efficient construction
practices.
o 30-foot rear yard setbacks restricting buildable area for housing.
o Ability to afford necessary accessible features (elevator).
o Density needed for workforce and affordable housing near TOD sites
The site is in one of the most walkable locations for housing services in Boise. It is
located near grocery stores, pharmacies, restaurants, banks, schools, transit, doctors,
churches, coffee shops, and employment. All within a 10-minute walk. Resulting in a
reduction of vehicular trips.
There is no better location within the West End and North End for a higher level of
density to accommodate affordable housing and housing for Boise’s workforce.
Therefore, the applicant is proposing the rezone from PC-D to C5-DA. The current
underlying zone only allows 43.5 units per acre resulting in the maximum density of
15 units of housing (0.358 acres x 43.5 units per acre). The current underlying density
restriction makes the project infeasible to develop therefore we are proposing the C5
zone with a Development Agreement (DA).
The C5 zone does not limit density and through a DA we can achieve the needed
density while limiting the use, height and number of stories. We are NOT proposing
an outright spot zoning change.
Blueprint Boise, the North End Neighborhood Plan and the State Street Corridor
Plan support more density closer to transit lines and away from existing single-family
zones.
11/04/20 | CAR20-00019
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Letter of Application – 16th and State
10/27/20
5
All the plans reference the need for the “missing middle”, housing for Boise’s
workforce and affordable housing through higher density housing near multimodal
transit corridors. Below is a list of goals that support the need for higher density
housing along State Street near multimodal transportation lines.
State Street Transportation Plan
Challenges -
“Lack of housing options and residential density. Planned BRT station areas currently
lack a concentration of housing options within a half-mile radius of the station.
Station areas are surrounded by mostly low density residential and commercial
zoning”.
“Underutilized areas have development potential. With population growth there are
opportunities to focus more housing units near stations to help preserve existing
single-family residential uses while still providing access to nearby services and
transit”.
“Providing opportunities to develop missing middle housing, such as duplex, triplex,
and apartments, allows a developer to take advantage of economies of scale and
requires less initial investment or access to capital, while providing more housing
diversity in the transition area between the station and existing single family
neighborhoods”.
“The regional long-range transportation plan, Communities in Motion, establishes
State Street/ Highway 44 as a priority corridor for increased land use densities with a
transit emphasis. The plan encourages less sprawl, mixed use development (housing
and businesses closer together), and multiple transportation options on the corridor”.
11/04/20 | CAR20-00019
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Letter of Application – 16th and State
10/27/20
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North End Draft Neighborhood Plan
Housing Goals:
“Support development applications for “missing middle,” ADUs and multi-family
housing, as appropriate”.
“Identify areas where more intense residential use is fitting”.
“Support zoning that would allow more mixed residential and commercial in the same
buildings and lots”.
“Encourage less single occupant vehicle (SOV) trips”.
1981 North End Plan
Goals of the Plan:
“In order to retain the socio-economic mix of neighborhood residents, low, moderate
and upper-income housing should continue to be available”.
North End Plan’s Zoning Map lists 16th and State is part of the Downtown Mixed-Use
zone. Our project is not currently inside the 1981 North End Neighborhood
boundaries.
d. What use, building or structure is intended for the property?
We are proposing high quality affordable housing and housing for the workforce as the
primary use.
o The first floor will have pedestrian friendly non-residential/commercial uses with
required parking located behind.
o The second floor will accommodate additional required parking located behind the
high-space non-residential/commercial use.
o The third through seventh floor will have residential uses.
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Letter of Application – 16th and State
10/27/20
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e. What changes have occurred in the area that justifies the request?
Boise is having an unprecedented need for affordable urban housing within walking distance
of employment, basic services and transit. Household often make trade-offs between
housing costs, transportation costs and basic needs. One of the most important ways to
balance the tradeoffs are to build efficiently and effectively with increased density in
locations that can provide these needs.
There are very few locations in the Boise Downtown Mixed-Use District that can achieve
these requirements. Our site at the intersection of 16th and State meets all the requirements
listed above except for density and the added height.
f. What Comprehensive Plan land use designation, goal or policies
support your request?
Goals for Downtown:
o NAC1: Provide opportunities for residents to meet most daily needs within walking
distance.
o NAC2.2: INCORPORATE HOUSING Encourage high-density residential development as
part of new activity centers and the revitalization of existing centers, provided that
the project is consistent with the Design Principles contained in Chapter 3.
o NAC9.1 (d): WORKFORCE HOUSING - Consider incentives to support workforce
housing, particularly within mixed-use activity centers and other areas that may be
readily served by transit.
o NAC11.3: ZONING UPDATES
o (a) Ensure that the zoning districts are updated to reflect the goals and
policies contained in this plan.
o (b) Remove barriers to desirable development patterns, particularly in
those areas identified as areas of change in Chapter 4: Planning Area
Policies. (Downtown Mixed-Use Zone)
o CC1.1: REDUCE VEHICLE MILES TRAVELED (VMT)
o (a) Encourage infill development in order to avoid costly extensions of
transportation facilities and to minimize travel distances.
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Letter of Application – 16th and State
10/27/20
8
o (b) Encourage compact development with a mix of uses as a means to
decrease VMT.
o GOAL SHCC9: Encourage the redevelopment or reuse of abandoned or underused
areas identified as “brownfields.”
o Downtown Mixed-Use Zone has typical FARs between 2 and 10, although may be
significantly higher in larger Community Activity Centers where transitions to
adjacent neighborhoods can be incorporated. Currently we are proposing between 4
and 5 FAR
o Principle GDP-MU.2: Housing
o (a) Encourage the incorporation of housing in activity centers either above
retail storefronts or as an adjacent, but well-integrated, use to provide
opportunities for residents to walk or take transit to shops, services, and
jobs.
o (b) Incorporate higher-density housing and a wider range of housing
choices in larger centers with existing or planned transit access.
o Principle GDP-C.3: Building Organization (b) Concentrate highest-intensity uses
within one-quarter mile of transit stops to promote increased ridership and help
support services.
o Principle GDP-C.5: Housing - Locate high-density residential along corridors,
particularly in areas with existing or planned transit service
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Letter of Application – 16th and State
10/27/20
9
o DT-CCN-2.3: WORKFORCE HOUSING Provide incentives to promote development of
housing affordable to people working in Downtown, so people can live closer to
work, reduce commute distances, make walking, bicycling and transit practical
alternatives to driving and allow a wide diversity of people to live in Downtown.
We believe our proposal meets or exceeds Blueprint Boise’s goals and objectives; supports our
mutual efforts to increase the availability of housing for Boise’s workforce and provides higher
density housing along the State Street transit corridor. We are proposing an increase in density,
number of stories and height close to services, transit and employment needed for affordable urban
housing. This project also provides a transition from the high traffic corridor along State Street to
the residential north end.
Thank you and we look forward to discussing our proposal in a public forum.
Sincerely,
Matthew Clark
Cameron Investments
11/04/20 | CAR20-00019
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David Moser
From: Matthew Clark <[email protected]>Sent: Wednesday, December 2, 2020 9:32 AMTo: David MoserCc: Tom Sheldon; Rick Clark; John ComickSubject: Re: [External] Re: CAR20-00019 - Affordable Housing
David,
Thank you for working with us on the affordable housing covenant. There is a housing affordability crisis in Boise that is driven by increased demand and limited supply. Given the desirability of our city as a place to live, we don’t think any solution will have a material effect on the crisis other than increasing the supply of housing (both for sale and for rent) to balance the demand. Our project, and the other projects like ours, will help.
As to your questions and comments:
1. It would be good to offer the income restricted units at less than 80% AMI and if you cannot then why not.The reason I ask is that there is need for this level of affordable house. Also the PZC and/or Council couldask this question.
There is a need for affordable housing for all income levels. We selected 80% - 100% AMI tenants as theappropriate target (with rent set at 30% of 80% AMI) for this project because the project receives no cashsubsidies or financial incentives. We are willing to offer 5% of the units in the project for five years at thatlevel. There are projects that target low income tenants (i.e., below 80% AMI) with a greater rent subsidy,but those projects typically receive financial incentives to target those tenants. It is possible for us to targetlow income tenants on this project, but that would require us to lower the rent limit, thereby reducing thenumber of affordable units that would be available. We view our proposed solution as the better balancebetween the per-unit subsidy and the number of units that will be offered on affordable terms.
We expect that some members of the PZC or Council will have questions and thoughts about how theywould balance the number of affordable units to offer, the target tenant groups and the amount of rentsubsidy. We are happy to be a part of that conversation. In the end, if the City really wants fewer units with agreater subsidy, we can consider that for this project. We don’t think it is the best policy, as it can distort themarket and lead to some tenants getting an excess benefit while other equally needy tenants get none. Webelieve that the better solution is a smaller subsidy offered to more tenants is better than a larger subsidyoffered to fewer tenants. However, we are open to working with the City Council on their thoughts.
2. When you talk about Self-Certification, what exactly do you mean? I assume you would be verifying thedocuments submitted by the tenant to make sure they are correct.
Tenant self-certification is widely used to in low income housing projects to verify that a tenant’s householdincome meets eligibility requirements. We would likely use a self-certification form similar to the onepublished by IHFA for their projects. There is no need to recreate a form when a convenient guide alreadyexists. There is always a chance that a tenant perjure themselves by undisclosed income. That would befraud. If we discover the fraud, then we would take appropriate action.
3. Please explain the language regarding the utilities in the Rent Limitation paragraph. It was suggested thatlanguage be added indicating that if the developer does not provide covered utilities than the tenant in theCovered Units should have rent reduced to provide a utility allowance. Could this wording be added and ifnot why?
We can add this language: “If Developer does not include basic water, sewer or trash collection services inthe monthly rent for a Covered Unit, then Developer will reduce the monthly rent for the Covered Unit by theamount Developer reasonably estimates to be ordinary charges for any of the foregoing services that are not
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included in the monthly rent.” This should address the issue. If not, please let us know. This shouldn’t be an issue, as we expect to include the three basic services as part of our monthly rent for tenant convenience. We have not yet made any decision on whether or not we will offer other utilities or services as part of the base rent for the other units in the project.
Thanks,
Matthew Cameron Clark Cameron Investments Campur Management [email protected] 208-724-4488
Thank you for the revised affordable housing document. I have a few questions and comments listed below:
It would be good to offer the income restricted units at less than 80% AMI and if you cannotthen why not. The reason I ask is that there is need for this level of affordable house. Also thePZC and/or Council could ask this question.
When you talk about Self‐Certification, what exactly do you mean? I assume you would beverifying the documents submitted by the tenant to make sure they are correct.
Please explain the language regarding the utilities in the Rent Limitation paragraph. It wassuggested that language be added indicating that if the developer does not provide coveredutilities than the tenant in the Covered Units should have rent reduced to provide a utilityallowance. Could this wording be added and if not why?
Thank You
<image002.jpg> David Moser Assoc Subdivision/Current Planning Planning and Development Services Office: (208)608-7087 [email protected] cityofboise.org
Creating a city for everyone.
City Hall is closed to the public, I am available through email, phone or you may schedule a virtual meeting
From: Matthew Clark <[email protected]> Sent: Thursday, November 19, 2020 6:06 PM To: David Moser <[email protected]> Cc: Tom Sheldon <[email protected]> Subject: [External] Re: CAR20‐00019 ‐ Affordable Housing
David,
Thanks for you feedback, it’s very much appreciated.
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I have reviewed your comments and Rhiannon's with my partners and our attorney. We have made a number of changes. Attached is a Copy of the DA with a revised Housing Covenant.
Take a look and let me know if you would like to arrange a time to discuss.
Thanks again,
Matthew Cameron Clark Cameron Investments Campur Management [email protected] 208-724-4488
225 N. 9th Street Suite 530 Boise, ID 83702
From: Tom Sheldon Sent: Friday, November 13, 2020 6:09 PM To: David Moser <[email protected]>; [email protected] Subject: RE: CAR20‐00019 ‐ Affordable Housing
David, I forwarded your email to the client group for comment. Thanks!!
Tom Sheldon AIA, NCARB, DBIA O +1 206.467.5828 D +1 206.902.5464 C +1 206.295.3790
Ask Rhiannon Avery With Housing Community Development (HCD) to review and comment of the Affordable Housing Section of the Development Agreement. I have attached Rhiannon’s comments to this email and I was wondering if ether of you could talk next week about adopting some of these changes to the DA wording. Please let me know.
<image001.jpg> David Moser Assoc Subdivision/Current Planning Planning and Development Services Office: (208)608-7087 [email protected] cityofboise.org
Creating a city for everyone.
<HCD Comments.docx>
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Address
Street No.: Street Name: Direction: Street Type: Unit Type: Unit No.:
City: State: Zip Code:
Parcel Number:
Additional Parcel Numbers:
Subdivision Name: Block: Lot:
Zoning District:
First Name:
Owner Information ̈ Primary Contact ̈ Same as Applicant?
Address: City: State: Zip Code:
Last Name: Company:
Email: Main Phone: Cell Phone:
First Name:
Applicant Information ̈ Primary Contact
Address: City: State: Zip Code:
Last Name:
Cell Phone:
Company:
Main Phone: Email:
First Name:
Representative Information ̈ Primary Contact ̈ Same as Applicant?
Address: City: State: Zip Code:
Last Name:
Cell Phone:
Company:
Main Phone: Email:
Annexation/Rezone
Record No.:
________________
For Office Use Only
Page 1 of 2
1522 W State St
Boise ID 83702 Downtown Mixed Use
R1013008404 BCOT (Boise City Original Townsite) 127 1, 2, & W 20' Lot 3& 1/2 of vac. Alleyadjacent
Project Proposal: - Please provide a brief narrative of your project in the Project Proposal field, and answer all other questionsto the best of your ability.
Each planning application includes a Required Submittal Checklist. If you do not already have a current checklist, please usethe links below to download the correct form for your application.
• Annexation and Rezone Submittal Checklist
By signing below:
1. The undersigned is the owner of the indicated property or acting as the owner's authorized representative.2. The undersigned declares that the above provided information is true and accurate, and acknowledges that failure toprovide true and accurate information may result in rejection of this application, possible revocation of the permit wherewrongfully issued and subject the undersigned to any applicable penalties.
Print Authorized Representative or Owner's Name Authorized Representative or Owner's Signature Date
Total Size of Property to be Annexed or Rezoned: - Acres
Property Information
Type of Application:¨ Rezone ̈ Annexation & Rezone
Existing Use:
General
Current Zone: - If you do not know the current zone of the
property, use City of Boise Zoning Search. A link to this searchis in the instructions at the top of the page.
Does this remove a Historic District designation:¨ Yes ̈ No
Annexation and Rezone
Requested Zone:
Will this Annexation and/or Rezone include a DevelopmentAgreement:¨ Yes ̈ No
Page 2 of 2
16th & State
Conditional re-zone to allow construction of a pedestrian-oriented mixed-use development withmulti-family housing and associated parking.
File Number CAR20-00019 Applicant Tom Sheldon / GGLO Property Address 1522 W. State Street
Public Hearing Date December 14, 2020 Heard by Planning and Zoning Commission
Analyst David Moser, Associate Planner Reviewed By Céline Acord, Current Planning Manager
Public Notification Neighborhood meeting conducted on: October 13, 2020 Radius notices mailed to properties within 300 feet on: November 27, 2020 Newspaper notification published on: November 27, 2020 Applicant posted notice on site on: November 24, 2020
Table of Contents 1. Project Data and Facts…………………………………………………………………….. 2 2. Land Use………………………………………………………………………………………. 2 3. Development Code……………………………………………………………………….... 3 4. Comprehensive Plan………………………………………………………………………... 3 5. Transportation Data…………………………………………………………………………. 4 6. Analysis…………………………………………………………………………….................. 57. Approval Criteria………..…………………………………………………………………… 8 8. Recommended Conditions of Approval……………………………………………….. 11
Exhibits Agency Comments
CAR20-00019| Boise City Planning & Zoning Commission | December 14, 2020| Page 2 of 11
1. Project Data and FactsProject Data Applicant Cameron Investments / Matthew Clark Representative GGLO / Tom Sheldon Property Owner 76 Properties LLC Location of Property 1522 W. State Street Size of Property 0.36 acres
Current Zoning PCDD (Pedestrian Commercial with Downtown Design Review Overlay)
Requested Zoning C-5DD/DA (Central Business District with Downtown DesignReview and Development Agreement)
Land Use Designation Downtown Mixed Use Planning Area Downtown Parking Overlay P-3Urban Renewal District Westside Downtown Neighborhood Assoc. North End
Procedure The Planning and Zoning Commission is a recommending body on the rezone where City Council renders the final decision.
Current Land Use The project site consists of a single story 1,813 square foot convenience store and gasoline station.
Description of Applicant’s Request A rezone of 0.36 acres from PCDD to C-5DD/DA. The DA identifies a conceptual plan for a 6-story mixed use building containing approximately 105 residential dwelling units with ground floor commercial space.
2. Land UseDescription and Character of Surrounding Area The area is comprised of low-rise commercial buildings along State Street and 16th
Street. In addition, there is an established residential neighborhood which contains some office uses approximately a block off State Street to the north.
CAR20-00019| Boise City Planning & Zoning Commission | December 14, 2020| Page 3 of 11
Adjacent Land Uses and Zoning North Office use / PCDD South State Street, then commercial use / PCDD East Medical office / PCDD West 16th Street, then commercial use / PCD
3. Development Code (Boise City Code Title 11)
4. Comprehensive Plan (Blueprint Boise)
Site Characteristics
The subject property is located at the northeast corner of the intersection of State Street and 16th Street. It is also located in close proximity to the Downtown Employment Activity Center. The site currently contains an 1,813 square foot convenience store and gasoline station and abutting the property to the north and east are office buildings.
History of Previous Actions CAR02-00008 & CAR02-00009 Westside Downtown Urban Renewal Plan
CAR06-00023 Parking Overlay expansion CAR19-00017 Rezone of the site to PCDD
Section Description 11-03-04.3 Specific Procedures: Rezone 11-04-07.2 Pedestrian Commercial District 11-04-05 Commercial Zoning Districts 11-07-06.3 Central Business Zoning District Specific Development Standards
CAR20-00019| Boise City Planning & Zoning Commission | December 14, 2020| Page 4 of 11
State Street Corridor Transit Oriented Development (TOD) – (2019)
Westside District Refresh 2016
Westside District Refresh 2016
5. Transportation DataThe Ada County Highway District (ACHD) does not typically provide comments for rezonerequests. However, ACHD did comment on the proposed rezone and noted that StateStreet is scheduled for pavement rehabilitation from 16th Street to 1st Street beginning2021. In addition, 16th Street is identified as a level 2 facility within the Bikeway Master Plan.
According to ACHD the rezone would generate an estimated 191 Vehicle Trips per Hour (VPH) during PM peak based on the proposed 105 dwelling units and restaurant (i.e. coffee shop) use. This estimated amount of traffic is similar to the current levels of traffic generated from the existing use. As for the proposed access points onto State Street (an arterial roadway), ACHD stated the applicant will be required to demonstrate that this access point is necessary to serve the site. The applicant will be required to provide this information with the future development applications.
Condition of Area Roadways: Traffic Count is based on Vehicles per hour (VPH)
Roadway Frontage Functional Classification
PM Peak Hour Traffic Count
PM Peak Hour Level of Service*
Existing Plus Project
State St 120-feet Principal Arterial 1,318 Better than “E” Better than “E”
16th St 130-feet Minor Arterial 520 Better than “D” Better than “D” * Acceptable level of service for a five-lane principal is “E” (1,780 VPH).* Acceptable level of service for a two-lane one-way street is “D” (1,360 VPH) “E” (1,700
VPH).* Acceptable level of service for a four-lane one-way street is “D” (2,720VPH) “E” (3,400
VPH)
Average Daily Traffic Count (VDT) • The VDT for State Street, west of 15th Street, was 22,866 on April 9, 2019.• The VDT for 16th Street, south of State Street, was 1,468 on June 3, 2015.
Chapter 4: Transit-Supportive Land Use and Urban Design Principles
• Improve Street Building and Orientation• Building Orientation• Encourage A Diversity of Land Uses• Provide Diverse Housing Options
CAR20-00019| Boise City Planning & Zoning Commission | December 14, 2020| Page 5 of 11
6. AnalysisThe applicant is requesting a rezone of 0.36 acres from PCDD (Pedestrian Commercialwith Downtown Design Review) to C-5DD/DA (Central Business District with DowntownDesign Review and Development Agreement).
The site is located on the northeast corner of State and 16th Streets, both arterial roadways. It is situated within the Downtown Planning Area, and within the Westside Downtown Urban Renewal District. It is also designated as “Downtown Mixed Use” on the Land Use Map of Blueprint Boise.
The property, currently occupied by a gas station and convenience store, was part of a recent City-initiated rezone that removed C-2 (General Commercial) zoning, from the State Street corridor. A key goal of that amendment was to promote a more compact, pedestrian-oriented development pattern, rather than the auto-centric development encouraged in the C-2 zone. PC zoning remains appropriate for much of the State Street corridor which includes the subject property. However, it does not accommodate the residential density allowed by the proposed C-5 zone. The existing zone would limit the property of approximately 15 units, whereas there is no limit on density in the C-5.
The appropriateness of C-5 zoning in select locations has been recognized for years. The development code was amended in 2005 with the specific purpose of accommodating additional residential development in the Downtown Planning Area, and more specifically within the urban renewal districts. The proposed change in zoning is precisely what was envisioned by that amendment and is not considered spot zoning. It allows individual sites, not contiguous to existing C-5 zoning to be rezoned with the inclusion of a Development Agreement (DA) to ensure compatibility with surrounding properties on a case by case basis.
The subject property is unique in that it is adjacent to both a principal and minor arterial roadway. In addition, the principal arterial roadway (i.e. State Street) is also classified as a gateway corridor.
CAR20-00019| Boise City Planning & Zoning Commission | December 14, 2020| Page 6 of 11
The overall block is bound by three arterials roadways, and a collector roadway. The remaining parcels on the block are occupied by office and commercial uses along with the associated surface parking. As such, there is potential for the rest of the block to redevelop in a similar fashion. However, the Boise City Canal bisects the block. While the Boise City Canal is not located on the subject property itself, it would present a challenge to the redevelopment of the surrounding properties. The surrounding area is a mix of uses which includes commercial along 15th, 16th, and State Street. These commercial uses transition into a mix of residential, multifamily, and offices about two blocks (i.e. ~500 feet) to the north of State Street. The transition of this residential neighborhood into a mix of uses has occurred over many years and includes a five-story multifamily building located two blocks away at 16th Street and Franklin Street. In addition, this mixed-use neighborhood creates a separation between the site and the established detached single-family historic neighborhood. As such, these residential neighborhoods are compatible with the proposed C-5 zone and DA. The DA attached to this rezone obligates the property owner to construct the building which is conceptually illustrated below. The six-story building contains approximately 4,000 square feet of commercial space on the ground floor with a ground floor and below grade parking garage. The parking garage will provide the required amount of parking as per the Development Code. The upper five floors will contain approximately 105 dwelling units.
Building Perspective
The absence of a height restriction in the C-5 zone could be a concern due to the context of the surrounding neighborhood. However, the DA will limit the building to no more than 85’ (see building perspective). It should also be noted the building steps down to four stories along the northern boundary of the site and five to the east.
CAR20-00019| Boise City Planning & Zoning Commission | December 14, 2020| Page 7 of 11
This concentrates the height at the intersection of State and 16th Streets and provides a measurable transition to adjacent properties, which is consistent with the Comprehensive Plan. Principe GDP-MU.4 promotes site designs and building orientation that enhances the character of the pedestrian realm. This includes locating the tallest portion of the building at the intersection of the two adjacent arterial roadways. State Street is a gateway corridor and locating the building at the corner of a major intersections is encouraged by the Comprehensive Plan (Principle GDP-CG.2). The State Street Corridor TOD Plan (2019) mentions that building location and orientations should be along the street frontage and this site design is an essential element of a vibrant mixed-use center. The building height and massing step down towards the adjacent properties and creates a transition with the surrounding area, as shown in the massing diagram below.
Massing Diagram The conceptual plans within the DA include a building perspective and generalized floor plans of the ground floor and upper residential floors. However, the project details (i.e. number of dwelling units, amount of parking, the exact amount of commercial space floor area, and streetscape improvements) will be determined during the future Design Review application. The DA allows for the approximately 4,000 square feet of ground floor commercial space to contain office, retail and restaurants uses. These commercial uses will promote an active pedestrian environment along the street frontage which is encouraged by the Comprehensive Plan. Policy DT-CCN 1.2 encourages a vibrant mixed-use downtown that includes office, retail and residential. The Comprehensive Plan also promotes an urban built form with the Central Business District.
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This includes structures being constructed to the sidewalk and the pedestrian activation of the street level (Policy DT-CCN 1.4). The DA also requires the developer to incorporate sensible sustainability features, such as on-site bike storage and maintenance facilities, electric vehicle charging stations and the use of green features (e.g. LED lighting, Energy Star rated appliance, and low flow plumbing fixtures). In addition, the developer has agreed to study the use of solar panels and “green roof” and/or “green wall” within the project design. The use of sustainability features and renewable energy is promoted by the Comprehensive Plan (Goal ES 12).
Finally, the applicant has committed to provide 5% of the units (i.e. approximately 5 units) at 80% to 100% of Area Mean Income (AMI) for a period of 5 years. The applicant will utilize self-certification to assure compliance with these standards. This assurance has been included as a provision in the DA. The Comprehensive Plan promotes the development of affordable housing within the Downtown area so people can live closer to work and reduce commute distance (Policy DT-CCN 2,3).
The rezone is compatible with the surrounding neighborhood. The development along State Street within this area consists of office, commercial, and residential uses. The proposed residential density and building height will not adversely impact the adjacent properties and development which consists of a large grocery store, retail pharmacy, and variety of commercial uses (i.e. retail, restaurants and office). In addition, the proposed zone and use will complement the adjacent properties by promoting the pedestrian activation of the street frontage. Multifamily residential and commercial developments are encouraged along major transit corridors and there are bus stops (i.e. Route # 9) within 300 feet of the subject property. Policy CC 9.1 encourages high density residential developments along transit corridors and close to bus stops.
In conclusion, the rezone is consistent with the standards for approval detailed below. This is precisely the location close to downtown where additional housing should be accommodated and it is in the best interest of the community to maximize density as long as it is not a detriment to the surrounding properties. The proposed project has been designed with these aspects in mind.
i. Comply with and conform to the Comprehensive Plan
The Planning Team’s analysis supports this finding. The subject property is locatedwithin the Downtown Planning Area, and the Westside Downtown Urban RenewalDistrict. It is also designated as “Downtown Mixed Use” on the Land Use Map ofBlueprint Boise and identified as an area of “Significant Infill and RedevelopmentAnticipated” within the Downtown Planning Area.
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Given these factors the appropriateness of C-5 zoning with a DA in this location has been recognized for years. In particular, the Development Code was amended in 2005 with the specific purpose of accommodating additional residential development in the Downtown Planning Area, and more specifically within the urban renewal districts. As such, the proposed rezone is precisely what was envisioned by the Comprehensive Plan and the Development Code.
The “Downtown Mixed Use” Land Use designation would allow all the zoning districts. However, most of these allowed zones would be considered an underutilization or not appropriate due to the context of the surrounding neighborhood. The proposed C-5 zone is the most appropriate given the mixed-use nature of the project, the density, and height of the building. The proposed rezone complies with the Comprehensive Plan. The subject property is located along State Street, a major transit corridor. Higher density residential developments are encouraged along transit corridors and close to bus stops (Policy CC 9.1(a)). The State Street Corridor TOD Plan promotes mixed-use developments near Bus Rapid Transit (BRT) stations and the intersection of 16th Street and State Street is identified as a secondary TOD station. In addition, the conceptual mixed-use project will activate the pedestrian environment along the street frontages. This building and project design are promoted within the Downtown Planning Area (Policies DT-CNN 1.4 and 1.5). The Comprehensive Plan also promotes a vibrant mix of uses (i.e. office, retail, service businesses, and residential) within this planning area (Policy DT-CNN 1.2). The comprehensive plan encourages vertical mix of uses in projects that includes a ground floor retail with residential units on the upper floors. It also concentrates the tallest part of the building at the intersection (Principles GDP-MU.1 and MU.2).
ii. Is in the best interests of the public convenience and general welfare.
The change of zoning with the proposed project specified with the DA is in the best interest of the public convenience and general welfare. The proposed C-5DD/DA zone is appropriate for the area since it allows for the type of development and residential density anticipated for the neighborhood. It promotes an active urban pedestrian environment which activates the street frontage and allows for a mixed-use development (i.e. commercial and multifamily residential uses). These types of mixed-use projects are encouraged along a major transit corridor. In addition, the subject property is located with a secondary TOD station as identified with the State Street Corridor TOD Plan. Through the DA, the applicant has committed to designating 5% of the dwelling units as income restricted for tenants with incomes between 80% to 100% AMI. Providing affordable housing close to downtown is in the best interest of the public.
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iii. Maintain and preserve compatibility of surrounding zoning and development.
The rezone request maintains and preserves the compatibility between property and the surrounding area. When considering the broader vision for Downtown, the C-5 (Central Business District) zone is specifically envisioned for this area. As illustrated below, C-5 (in dark red) is three blocks away to the southeast along State Street. However, the proposed C-5 zone is not required to be contiguous with other C-5 zoning provided it is within an Urban Renewal District (URD) and the “Downtown Mixed-Use” Land Use Designation. The subject property meets these criteria standards and is located within the Westside Downtown URD and Downtown Mixed-use Land Use Designation. Since the site is not contiguous with existing C-5 zoning a DA was included. The DA will ensure the rezone is compatible with the surrounding area. It will limit the building height and massing. These restrictions will provide a transition between the proposed C-5 zone and adjacent properties. More importantly, the change in zoning is consistent with the vision for the area. The State Street Corridor TOD Plan specifically identified the intersection adjacent to the site as a secondary TOD Station. In addition, the Westside Downtown Refresh 2016 Plan maintains a vison of this area as a “…rich mixture of urban style housing, office, shops, restaurants and public open space in a walkable environment where people live, work, visit and enjoy being part of the city center.” The C-5 zone promotes this vision of the Westside Downtown District.
Zoning Map
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8. Recommended Conditions of Approval
Site Specific
1. The following Development Agreement requirements shall be met:
a. Upon approval of the rezone, the applicant shall submit a final signed copy ofthe Development Agreement for review and ordinance passage.
b. Within one year of the date City Council approves the rezone, theDevelopment Agreement shall be recorded. The three required readings ofthe ordinance will not be scheduled until recordation has occurred. Failure torecord the Development Agreement within the one-year time frame shallautomatically render approval of this modification null and void.
CITY OF BOISE INTER-DEPARTMENT CORRESPONDENCE Date: November 5, 2020 To: Planning and Development Services From: Mike Sheppard P.E., Civil Engineer II Public Works Department Subject: CAR20-00019; 1522 W. State Street; Sewer Comments Upon development of the property, connection to central sanitary sewer is required. Sewers are available onsite. Prior to granting of final sewer construction plan approval, all requirements by Boise City Planning and Development Services must be met. If you have any further questions, please contact Mike Sheppard at 608-7504.
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Development Services Department
Project/File: State Street Rezone/ BOI20-0487/ CAR20-00019
This is a rezone application to rezone a 0.36-acre parcel to a Central Business District to include a residential use.
Lead Agency: City of Boise
Site address: 1522 W State Street
Staff Approval: November 24, 2020
Applicant: Cameron Investments Matthew Clark 225 N 9th Street Suite #530 Boise, ID 83702 Owner: 76 Properties LLC 10294 W Prairie Road Boise, ID 83702 Representative: GGLO Tom Sheldon 1199 Shoreline Drive Suite #290 Boise, ID 83702 Staff Contact: Brenna Garro Phone: 387-6346 E-mail: [email protected]
A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a rezone application to rezone
a 0.36 acre parcel from a PC/DD zone (Pedestrian Commercial) to a C-5 zone (Central Business District) to allow construction of a pedestrian-oriented, mixed-use development with multi-family housing and associated parking. This application includes a development agreement with the City of Boise. The parcel is located on the northeast corner of State Street and 16th Street in Boise, Idaho. The applicant’s proposal is consistent with the City of Boise’s comprehensive plan.
2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Downtown Mixed-Use R-3 South Downtown Mixed-Use C-2 East Downtown Mixed-Use C-5 West Mixed-Use PC
3. Site History: ACHD has not previously reviewed this site for a development application. 4. Transit: Transit services are available to serve this site, via route 9.
5. New Center Lane Miles: The proposed development includes 0.0 centerline miles of new public road.
6. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The impact fee assessment will not be released until the civil plans are approved by ACHD.
7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • State Street is scheduled in the IFYWP for road rehabilitation from 16th Street to 1st Street
beginning in 2021. 8. Roadways to Bikeways Master Plan: ACHD’s Roadways to Bikeways Master Plan (BMP) was
adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to implement the Planned Bicycle Network to support bicycling as a viable transportation option for Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of good repair in order to ensure they are consistently available for use, promote awareness of existing bicycle routes and features and support encouragement programs and to facilitate coordination and cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan recommendations.
• The BMP identifies 16th Street as a Level 2 facility that will be constructed as part of a future ACHD project.
B. Traffic Findings for Consideration 1. Trip Generation: The following table includes trip generation rates for anticipated land uses, based
on the Institute of Transportation Engineers Trip Generation Manual, 10th edition.
Land Use Unit of
Measurement Average Daily
Trips PM Peak Hour Trip
Generation Multifamily Housing (3-10 stories) Per Dwelling Unit 5.44 0.44
Wholesale Market Per 1,000 square feet N/A 1.76
Apparel Store Per 1,000 square feet 66.40 4.12
Coffee Shop Per 1,000 Square feet N/A 36.3
Hair Salon Per 1,000 square feet N/A 1.45
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2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH)
* Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH). *Acceptable level of service for a two-lane one-way street is “D” (1,360) “E” (1,700). *Acceptable level of service for a four-lane one-way street is “D” (2,720) “E” (3,400).
3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD’s most current traffic counts.
• The average daily traffic count for State Street west of 15th Street was 22,866 on 04/09/19. • The average daily traffic count for 16th Street south of State Street was 7,003 on 08/13/20.
C. Findings for Consideration This application is for a rezone only. Listed below are some finding for consideration that the District may identify when it reviews a future development application. The District may add additional findings when it reviews a specific development application.
1. State Street a. Existing Conditions: State Street is improved with 5-travel lanes, vertical curb, gutter, and 10-
foot wide concrete sidewalk abutting the site. There is 80-feet of right-of-way for State Street (42-feet from centerline).
b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within 96-feet of right-of-way. This width typically accommodates two travel lanes in each direction, a continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a principal arterial.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300.
Roadway Frontage Functional Classification
PM Peak Hour Traffic Count
PM Peak Hour Level of Service
State Street 120-feet Principal Arterial 1,318 Better than “E”
16th Street 130-feet Minor Arterial 520 Better than “D”
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Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of State Street is designated in the MSM as a Town Center Arterial with 5-lanes and on-street bike lanes, a 60-foot street section within 80-feet of right-of-way.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused driveways with curb, gutter, and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items.
c. Applicant Proposal: The concept plan submitted as part of the application shows the applicant is proposing to install street trees within grates in the sidewalk on State Street abutting the site.
d. Staff Comments/Recommendations: The applicant’s proposal to install street trees within grates in the sidewalk on State Street abutting the site does not meet District Policy which requires at least an 8-foot wide planter strip for street trees. However, if this is part of the City of Boise’s Streetscape Standards, please submit the applicable streetscape section for review with the future development application. Any landscaping within the right-of-way will require the applicant enter into a License Agreement with ACHD. State Street is already improved with 5-lanes, vertical curb, gutter, and 10-foot wide attached concrete sidewalk within 80-feet of right-of-way consistent with the MSM. Therefore, staff recommends that no further right-of-way dedication or improvements be required for State Street abutting the site with the future development application.
Consistent with the District’s Minor Improvements Policy, the applicant should be required to replace or repair any broken or deteriorated segments of curb, gutter and sidewalk abutting the site with the future development application.
State Street is scheduled in the IFYWP for pavement rehabilitation in 2021. Any new pavement cuts to this segment of State Street after the pavement rehabilitation is completed must be approved by the ACHD pavement cut committee until 2026. See the attached Standard Conditions of Approval for additional information.
2. 16th Street a. Existing Conditions: 16th Street is improved as a one-way (southbound) roadway with 2-lanes
and 4-lanes at the intersection of State Street, vertical curb, gutter, and 10-foot wide concrete sidewalk abutting the site. There is 80-feet of right-of-way for 16th Street (40-feet from centerline).
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b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design.
Street Section and Right-of Way Width Policy: District Policy 7205.2.1 & 7205.5.2 states that the standard 3-lane street section shall be 46-feet (back-of-curb to back-of-curb) within 70 feet of right-of-way. This width typically accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike lanes.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of 16th Street is designated in the MSM as a Town Center Arterial with 2-lanes and on-street bike lanes, a 50-foot street section within 80-feet of right-of-way.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused driveways with curb, gutter, and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items.
c. Applicant Proposal: The concept plan submitted as part of the application shows the applicant is proposing to install street trees within grates in the sidewalk on 16th Street abutting the site.
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d. Staff Comments/Recommendations: The applicant’s proposal to install street trees within grates in the sidewalk on 16th Street abutting the site does not meet District Policy which requires at least an 8-foot wide planter strip for street trees. However, if this is part of the City of Boise’s Streetscape Standards, please submit the applicable streetscape section for review with the future development application. Any landscaping within the right-of-way will require the applicant enter into a License Agreement with ACHD. 16th Street is already improved with 2-lanes, vertical curb, gutter, and 10-foot wide attached concrete sidewalk within 80-feet of right-of-way consistent with the MSM. Therefore, staff recommends that no further right-of-way dedication or improvements be required for 16th Street abutting the site with the future development application.
Consistent with the District’s Minor Improvements Policy, the applicant should be required to replace or repair any broken or deteriorated segments of curb, gutter and sidewalk abutting the site with the future development application.
3. Driveways 3.1 State Street a. Existing Conditions: There are two existing 30-foot wide paved curb-cut driveways from the
site onto State Street located 3-feet west of the east property line and 53-feet east of the west property line.
b. Policy: Access Points Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically prohibited. If a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. If it is necessary to take access to the higher classified street due to a lack of frontage, the minimum allowable spacing shall be based on Table 1b under District policy 7205.4.7, unless a waiver for the access point has been approved by the District Commission. Driveways, when approved on a principal arterial shall operate as a right-in/right-out only, and the District will require the construction of a raised median to restrict the left turning movements.
Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal arterial roadways to be located a minimum of 355-feet from the nearest intersection for a right-in/right-out only driveway. Full-access driveways are not allowed on principal arterial roadways.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7205.4.8.
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Temporary Access Policy: District Policy 7202.4.2 identifies a temporary access as that which “is permitted for use until appropriate alternative access becomes available”. Temporary access may be granted through a development agreement or similar method, and the developer shall be responsible for providing a financial guarantee for the future closure of the driveway.
Number of Driveways on Arterials Policy: District Policy 7205.4.4 states that the intent of this policy is to limit the number of access points to those that are warranted or necessary to serve the development, while maintaining the function and performance of the arterial. The guidelines below shall be used when more than one access point is being requested with a development.
Additional driveways may be considered when one or more of the following conditions are met:
• The daily volume using one access exceeds 5,000 vehicles (total volume for entering and existing traffic).
• Traffic using one driveway exceeds the volume to capacity ratio (v/c) equal to or greater than 1, of a STOP controlled intersection during either the peak hour of the street or the peak hour of the site traffic generation.
• A District approved traffic impact study and analysis determines that conditions warrant additional driveways.
c. Applicant’s Proposal: The concept plan submitted as part of the application shows that the applicant is proposing to close the driveway on State Street that is located 53-feet east of the west property line. The remaining driveway on State Street will serve as an access ramp to the second story parking garage. The remaining driveway is located approximately 130-feet southeast of the State Street and 16th Street intersection centerline.
d. Staff Comments/Recommendations: The applicant’s proposal to close the driveway that is 53-feet east of the west property line meets District policy. The applicant should close this driveway with vertical curb, gutter, and sidewalk to match improvements on either side with the future development application.
The applicant's proposal to keep the remaining driveway as an access to the second story parking garage does not meet the District’s Driveway Access and Location Policies which typically prohibits direct access to principal arterials if a property has frontage on more than one street, and notes that access should be taken from the street having the lesser functional classification. When allowed on principal arterial roadways, driveways are to be restricted to right-in/right-out only and be located a minimum of 355-feet from the nearest intersection. This site has frontage on 16th Street a minor arterial roadway. In addition, the applicant has also proposed access onto 16th Street. Access points for developments with street frontage on arterial roadways must demonstrate that a second access onto an arterial roadway is necessary to serve the site per District Policy 7205.4.4. The applicant should submit this information with the future development application for staff to evaluate per District Policy 7205.4.4.
3.2 16th Street a. Existing Conditions: There is an existing 40-foot wide curb-return type driveway onto 16th
street located at site’s north property line located approximately 137-feet north of State Street.
b. Policy: Access Points Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
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Access Policy: District policy 7205.4.6 states that direct access to minor arterials is typically prohibited. If a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. If it is necessary to take access to the higher classified street due to a lack of frontage, the minimum allowable spacing shall be based on Table 1a under District policy 7205.4.6, unless a waiver for the access point has been approved by the District Commission.
Driveway Location Policy: District policy 7205.4.5 requires driveways located on minor arterial roadways from a signalized intersection with a single left turn lane shall be located a minimum of 330-feet from the nearest intersection for a right-in/right-out only driveway and a minimum of 660-feet from the intersection for a full-movement driveway.
District policy 7205.4.5 requires driveways located on minor arterial roadways from a signalized intersection with a dual left turn lane shall be located a minimum of 330-feet from the nearest intersection for a right-in/right-out only driveway and a minimum of 710-feet from the intersection for a full-movement driveway.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7205.4.8.
Number of Driveways on Arterials Policy: District Policy 7205.4.4 states that the intent of this policy is to limit the number of access points to those that are warranted or necessary to serve the development, while maintain the function and performance of the arterial. The guidelines below shall be used when more than one access point is being requested with a development.
Additional driveways may be considered when one or more of the following conditions are met:
• The daily volume using one access exceeds 5,000 vehicles (total volume for entering and existing traffic).
• Traffic using one driveway exceeds the volume to capacity ratio (v/c) equal to or greater than 1, of a STOP controlled intersection during either the peak hour of the street or the peak hour of the site traffic generation.
• A District approved traffic impact study and analysis determines that conditions warrant additional driveways.
c. Applicant’s Proposal: The concept plan submitted as part of the application shows the applicant is proposing to use the existing driveway at the site’s north property line and reduce the width to approximately 30-feet.
d. Staff Comments/Recommendations: The applicant's proposal to keep the remaining driveway as an access to the second story parking garage does not meet District Driveway Location policy which states that driveways onto minor arterial roadways be located 330-feet from the nearest intersection for a right-in/right-out only driveway and a minimum of 660-feet from the intersection for a full-movement driveway. However, the site’s limited frontage on 16th Street restricts the applicant from meeting Policy. Staff will consider a modification of Policy to allow the driveway to be located and full access as proposed at the time of the future
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development application. The applicant should submit additional information to support the waiver of policy to staff for consideration. The applicant should be required to construct the proposed driveway as a curb-return type driveway with the future development application. The applicant should be required to close the unused portion of the existing driveway with vertical curb, gutter, and sidewalk to match improvements on either side with the future development application.
4. Tree Planters Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet.
5. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans.
D. Site Specific Conditions of Approval This application is for a rezone only. Site specific conditions of approval will be established as part of the future development application.
1. Payment of impact fees is due prior to issuance of a building permit.
2. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details.
5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
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10 BOI20-0487 / CAR20-00019State Street Rezone
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing bythe District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standardsand approved supplements, Construction Services procedures and all applicable ACHD Standardsunless specifically waived herein. An engineer registered in the State of Idaho shall prepare andcertify all improvement plans.
10. Construction use and property development shall be in conformance with all applicablerequirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing andsigned by the applicant or the applicant’s authorized representative and an authorizedrepresentative of ACHD. The burden shall be upon the applicant to obtain written confirmation ofany change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site planand may require additional improvements to the transportation system at that time. Any change inthe planned use of the property which is the subject of this application, shall require the applicantto comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
F. Conclusions of Law1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by theproposed development.
G. Attachments1. Vicinity Map2. Site Plan3. Utility Coordinating Council4. Development Process Checklist5. Appeal Guidelines
