AGENDA HAILEY PLANNING & ZONING COMMISSION Monday, November 6, 2017 Hailey City Hall 5:30 p.m.

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1 AGENDA HAILEY PLANNING & ZONING COMMISSION Monday, November 6, 2017 Hailey City Hall 5:30 p.m. Call to Order Public Comment for items not on the agenda Consent Agenda CA 1 Adoption of the Meeting Minutes of October 10, 2017 CA 2 CA 3 Adoption of the Findings of Fact, Conclusions of Law and Decision for a Preliminary Plat Application by International Church of the Foursquare, represented by Galena Engineering, Inc., to resubdivide Lots 21A and 21B, Block 49, Woodside Subdivision No. 12, located within Section 23, T.2.N., R.18 E., B.M., City of Hailey, Blaine County, Idaho, into six (6) lots ranging in size from 6,026 to 16,034 square feet. The request includes modifications to private road standards to allow for a road section of 36 in right-ofway width. Adoption of the Findings of Fact, Conclusions of Law and Decision for a City-initiated Text Amendment to the Title 17, Section 17.02, Definitions, to clarify and amend the definition of: Dwelling Unit. The amendment would include changes to the minimum gross floor area in that every dwelling unit shall have not less than one hundred fifty (150) square feet of gross floor area, replacing the current regulation of one hundred twenty (120) square feet of gross floor area. Public Hearings PH 1 PH 2 PH 3 Consideration of a request by the City of Hailey for a Conditional Use Permit for a Public Use for seasonal snow storage, to be located at 1448 Aviation Drive (Lot 1, Block 1, Airport West Subdivision #2), in the SCI Sales and Office Zoning District. Consideration of a Pre-Application Design Review by Thunderbird Developers, LLC (Phase 1), for two multi-family residential buildings consisting of five units per building, for a total of 10 units. The proposed units range in size from 1,106 square feet to 1,340 square feet. The property is located on Lots 1A and 2A, Block 61, Woodside Subdivision #15, in the Limited Business (LB) Zoning District. The project is part of a phased project. Consideration of a Development Agreement between the City of Hailey and ARCH Community Housing Trust, for property located at 3920 Woodside Boulevard, Hailey, Idaho, and more particularly described as Lot 14, Block 46, Woodside Subdivision No. 11. The agreement addresses the manner and timing of construction, construction and landscaping of the property and other factors affecting the general health, safety and welfare of the citizens of City and users of the Property with regards to the City Council Conditions of Approval of the May 19, 2017, rezone of the subject property. For further information regarding this agenda, or for special accommodations to participate in the public meeting, please contact planning@haileycityhall.org or (208)

2 PH 4 PH 5 Consideration of a Conditional Use Permit Application from UPS, for a temporary structure, to be located at 111 South River Street (Lots 1-7, Block 31, Hailey Townsite) within the Business (B) and Townsite Overlay (TO) Zoning Districts. The proposed temporary structure will be a UPS Package Distribution Facility. Continuation of a City-initiated Text Amendment to Title 17, Section 17.04J, Flood Hazard Overlay Zoning District (FH), to update the existing code to meet current State standards and recommendations, reflect lessons learned in 2017 flooding and clarify exactly what types of development require a flood hazard development permit. Reports and Discussion SR 1 Discussion of current building activity, upcoming projects, and zoning code changes. (no documents) SR 2 Discussion of the next Planning and Zoning meeting: Monday, November 27, 2017 (no documents) Adjourn For further information regarding this agenda, or for special accommodations to participate in the public meeting, please contact planning@haileycityhall.org or (208)

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4 MEETING MINUTES HAILEY PLANNING & ZONING COMMISSION Tuesday, October 10, 2017 Hailey City Hall 5:30 p.m. Call to Order 5:29:02 PM Chair Fugate called the meeting to order. Present were: Commission Chairwoman, Janet Fugate, Commissioner Owen Scanlon, Commissioner Jeff Englehardt, Commissioner Dan Smith, and Commissioner Richard Pogue. present: Community Development Director Lisa Horowitz. Public Comment for items not on the agenda was opened by Chair Fugate. No public content made. 5:29:56 PM Consent Agenda CA 1 Adoption of the Meeting Minutes of September 11, 2017 CA 2 Adoption of the Findings of Fact, Conclusions of Law and Decision for a Design Review Application by Wood River Insurance, represented by Mark Gasenica of Gasenica Architecture, for a 764 square foot second floor addition to be utilized as office space for Wood River Insurance. All materials, colors and details to match existing materials and color scheme. The proposed project is located at 410 North Main Street (Lot 13, N. 20 of 14, Block 57, Hailey Townsite). 5:30:04 PM Scallion made a motion to approve the Meeting Minutes of September 11, 2017, and other Consent Agenda items. Smith seconded the motion. All were in favor. Motion carried unanimously. 5:30:47 PM Chair Fugate recommended that the Commission moved the agenda item PH 4 ahead of PH 3. Following discussion: Pogue made a motion, seconded by Smith, to move the agenda item PH4 ahead of PH3. Motion carried unanimously. PH 1 Consideration of an Amendment to an approved Design Review Application by Friedman Memorial Airport, represented by Nicholas Latham, AIA of Ruscitto/Latham/Blanton Architectura P.A., for an expansion of the Terminal Apron, new concrete retaining wall, new airport entry road and new parking area ticket gates, to be located at 1616 Airport Circle (FR SEC 10, 15 & 22 TL 8151) in the Airport (A) Zoning District. The initial bid received for the project exceeded the available budget, causing some changes in design. Rebidding of the proposed project is currently underway. Item will no longer be heard, as the Applicant Team has decided to move forward with the previously approved Design Review Application from May 8, Hailey Planning & Zoning Commission Minutes Page - 1 October 10, 2017

5 PH 2 Continuation of a Preliminary Plat Application by International Church of the Foursquare, represented by Galena Engineering, Inc., to resubdivide Lots 21A and 21B, Block 49, Woodside Subdivision No. 12, located within Section 23, T.2.N., R.18 E., B.M., City of Hailey, Blaine County, Idaho, into six (6) lots ranging in size from 6,026 to 16,034 square feet. The request includes modifications to private road standards to allow for a road section of 36 in right-of-way width. Current zoning is General Residential (GR). 5:32:27 PM Present were: Brian Yeager, PE, PLS, of Galena Engineering and David Morgan, on behalf of the Applicant; Janine Bear of Coldwell Banker Distinctive Properties; and some adjacent property owners. Lisa Horowitz reported on issues and concerns raised or discussed at the last meeting as directed by the Commission. 1) The plat note on the previous plat that may have precluded 21B from being replatted was reviewed by the City attorney who found the language to be advisory and does not preclude a new plat from being placed on this property or stop the subdivision from going forward; 2) drainage is shown on the revised plat; 3) snow storage is down on the revised plat; 4) guest parking has been called out in plat note #4; 5) private utility easements are shown on the revised plat map; 6) the sidewalk in-lieu payment calculations have been submitted and the Parks & Lands Board and have provided a recommendation in favor of in lieu payment calculations; 6) Lot 5 does meets the minimum lot requirements of 79 in width; and 7) discussed the existing trees slated for removal. Brian Yeager with David Morgan spoke about corrections to the sidewalk proposal, irrigation, the existing fences and proposed relocation of fences along the property. The fence and sprinklers they propose to move will be at the developer s expense. He concurred that Lisa covered all other outstanding issues. And stated that everything is complete at this point. Smith asked how many of these hammerhead type dead-ends exist in the City of Hailey? Yeager reported that there are other existing similar designs in the City on Foxmoor, River Street, Cedar, etc., the fire department criteria are met and stated that they are not uncommon. Lisa reported that the Fire Department had no comments and the plat meets all their requirements. Lisa further reported that the sidewalk in-lieu payment for the Parks and Lands Board is based on the fair market value of the 7,239 square feet calculation of development (6 units proposed of Lupine Subdivision). Chair Fugate opened the meeting for public comment. Public comment was given by: 1) Lucinda Sparks of 3321 Flowing Wells Drive who asked if zoning would allow modular homes or only stick-built lumber homes? Is the cul-de-sac going to be paved? Is the City going to require underground utilities? What is the height of homes? On the last larger plat where the church is supposed to be moved where will the driveway be located? 2) Janis Corkery of 3130 Snowbank Drive, who stated concerns about the relocation of the irrigation system and fence along her adjacent property and the negative impacts on her property. 3) Lucinda Sparks asked why there wasn t any consideration to make the property a park for the neighborhood. Public comment closed. Brian Yeager responded to questions from public. David Morgan added that the proposed property is currently being advertised with a development potential of up to 12 homes and condos or townhouses, however, the goal set forth in the proposed replat is not to over populate the property based solely to maximize economic gain, but to enhance what currently exists and provide more opportunities for families seeking homeownership in the Wood River Valley. David stated that Hailey Planning & Zoning Commission Minutes Page - 2 October 10, 2017

6 they will move the fence and sprinklers and work with Janis Corkery with regard to the fence and irrigation situation she expressed concern about on their (the Applicant s) dime. Commissioner comment included: that 1.53 acres could be developed into 15 units so 6 is way better, support for single family houses, and happy to see that the Developer will work with Janis Corkery with regard to the relocation of the fence and irrigation system. Following discussion: Lisa proposed condition of approval number P relocating the fence and sprinklers adjacent to 3130 Snowbank to the property line prior to recording of the final plat. The parties discussed the building envelope for the existing church, setbacks, access, driveway designations, church size (2,450 square feet), and location of the stop sign (Lisa recommended that the parties defer to the Street Department re: the stop sign location or removal during plat review). Following discussion: Lisa proposed another condition of approval number O re: the driveway located on lot 5 shall be located on the west side of the building. The applicant accepted the condition adding as long as they maintained some flexibility. The applicant reported that they are trying to reuse the church building but don t have that step included in their design at this time. 6:06:05 PM Following discussion: Pogue made a motion, seconded by Smith, to approve the Preliminary Plat Application for Lupine Subdivision, by International Church of the Foursquare, located at Lots 21A and 21B, Block 49, Woodside Subdivision #12, with conditions (a) through (q) finding that the application meets all City standards. Motion carried unanimously. PH 4 Consideration of a City-initiated Text Amendment to Title 17, Section 17.02, Definitions, to clarify and amend the definition of: Dwelling Unit. The amendment would include changes to the minimum gross floor area in that every dwelling unit shall have not less than one hundred fifty (150) square feet of gross floor area, replacing the current regulation of one hundred twenty (120) square feet of gross floor area. 6:08:41 PM Present were: Lisa Horowitz. Chair Fugate opened the meeting. Public comment was opened: No public comment given. Public comment closed. Lisa asked the Commission to explain why they feel 150 square feet is an appropriate number. Scanlon stated that the number aligns with State building requirements and it never hurts to follow someone else s lead. Jeff stated the same reason for him too. Fugate stated it s the same reason for her too and if the market will fare opens opportunity for housing. Smith stated that it s in line with standards and affords better opportunity for affordable housing. Pogue stated the same. 6:12:14 PM Following discussion: Smith made motion, second by Englehardt, to recommend approval to the Hailey City Council of a Text Amendment to Title 17, Section 17.02, Definitions, to clarify and amend the definition of: Dwelling Unit,, which will include the following: The amendment would include changes to the minimum gross floor area in that every dwelling unit shall have not less than one hundred fifty (150) square feet of gross floor area, replacing the current regulation of one hundred twenty (120) square feet of gross floor area with adjustments made. Motion carried unanimously. Hailey Planning & Zoning Commission Minutes Page - 3 October 10, 2017

7 PH 3 Consideration of a City-initiated Text Amendment to Title 17, Section 17.04J, Flood Hazard Overlay Zoning District (FH), to update the existing code to meet current State standards and recommendations, reflect lessons learned in 2017 flooding and clarify exactly what types of development require a flood hazard development permit. Present were: Rebecca Bundy, Certified Floodplain Manager, and Lisa Horowitz. Chair Fugate opened the meeting by commending Rebecca for all the work she put into the text amendment. Rebecca reported on the background: The 2017 flooding event provided an opportunity to see the City s emergency operations plans, regulations and procedures in action; staff assessed the permitting process and determined that now is a good time to tweak, clarify and improve and update the existing code. Rebecca explained she had initially hoped this would be a minimal tweak but it ended up being substantive. Rebecca reported that she reached out to the State of Idaho Floodplain Coordinator, who provided her with the Model Floodplain Ordinance containing all regulations required by the State, which she used, as well as some recommended regulations, the existing City Zoning Code, insertions specific to the City of Hailey, and guidance from the Idaho Association of Cities to dovetail the existing ordinance into the model code to ensure that no existing regulations were lost. The model code is the basis with the City of Hailey code dovetailed in. Following discussion: The Commission agreed that they would try to get through the first 17 pages at this meeting. The Commission discussed definitions in detail A through Variance and made it to page 11. The hearing was continued to the Commission s next meeting. 7:27:18 PM Reports and Discussion SR 1 Discussion of current building activity, upcoming projects, and zoning code changes. SR 2 Discussion of the next Planning and Zoning meetings: Monday, November 6, :27:33 PM Meeting Date Changes Lisa asked if the Commission could hold their next regular meeting on November 6, 2017, instead of November 13, 2017, as the City Council has requested a change in their regular meeting schedule moving their next meeting to November 13, 2017, and then meeting only once a month thereafter. Following discussion: The Commission agreed to move their regular meetings as proposed: November 6, 2017, November 27, 2017, and December 4, 2017; and discussed items to put on those upcoming meetings with staff. Adjourn 7:32:38 PM Following discussion: Smith made a motion, seconded by Pogue, to adjourn at: 7:32 p.m. Motion carried unanimously. Hailey Planning & Zoning Commission Minutes Page - 4 October 10, 2017

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9 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION On October 10, 2017, the Hailey Planning and Zoning Commission considered an application for Subdivision/Preliminary Plat of approximately 1.53 acres, to be utilized for residential development. The proposed subdivision consists of six (6) lots and one 36 -wide private road parcel. The property currently contains a church building, currently not in use, proposed to be relocated on one of the lots and converted to a single family home. Adjacent use is residential, zoned General Residential (GR). FINDINGS OF FACT Notice Notice for the September 11, 2017, public hearing was published in the Idaho Mountain Express on August 23, The notice was mailed to property owners within 300 feet on August 22, The project was continued on the record to October 10, Notice for the October 10, 2017, public hearing was published on September 20, Background International Church of the Foursquare submitted an Application for Subdivision/Preliminary Plat of approximately 1.53 acres to be utilized for residential development. The proposed subdivision consists of six (6) lots and one 36 -wide private road parcel. The property is contains a church building, currently not in use. Adjacent use is residential, zoned General Residential (GR). Procedural History The Application was submitted on July 24, 2017, and certified complete on July 25, A public hearing before the Planning and Zoning Commission was held on September 11, 2017, in the Hailey City Council Chambers. The project was continued on the record to October 10, 2017, for more information to be provided on the following: 1. Previous Plat note: to check with City Attorney as to whether the previous plat not precludes replatting. response: met with the City Attorney regarding the plat note on the previous plat, Woodside Subdivision No. 12, A Replat of Lot 21, Block 49. Plat note #4 states, Current Hailey Ordinances prohibit further subdivision of flag lot 21B, including townhomes. The City attorney has advised that this note is advisory only, and does not prohibit the property owner from vacating the current plat and replatting the property. 2. Grading and Drainage Plan. response: drainage patterns are shown on the revised plat. 3. Snow storage calculations. response: now storage calculations are shown on the revised plat. 4. Guest parking. response: Parcel A has been called out in plat note #4 on the revised plat as containing a parking easement for the benefit of the lots. 5. Add telephone box easement. response: utility easements encompassing this telephone riser are shown on the revised plat. 6. Add private utility easements. response: private utility easements are shown on the revised plat. 7. Sidewalk in-lieu payment? response: A map showing the areas of sidewalk that would be used to calculate the in lieu sidewalk payment has been submitted. 8. Parks and Lands Board recommendation. Response: The Parks and Lands Board recommendation was brought to the meeting.

10 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 2 9. Plat note, no further subdivision of Lot 5. response: A plat note (#8) has been added to the revised plat. 10. Confirm that Lot 5 meets minimum lot width. response: minimum lot width has been documented. 11. Discussion of existing trees on the west side of the property. Standards of Evaluation for a Subdivision Compliant Standards and Yes No N/A City Code City Standards and Development Standards Applicability: The configuration and development of proposed subdivisions shall be subject to and meet the provisions and standards found in this Title, the Zoning Title and any other applicable Ordinance or policy of the City of Hailey, and shall be in accordance with general provisions of the Comprehensive Plan. The recorded Woodside Plat No. 12 Declaration of Reservations dated April 7, 1983 limits building heights to no more than two stories and no more than 25 in height. These reservations run with the land. The Commission recommended adding this limitation as a condition of approval. Compliant Standards and Yes No N/A City Code City Standards and Streets: Streets shall be provided in all subdivisions where necessary to provide access and shall meet all standards below. A. Development Standards: All streets in the subdivision must be platted and developed with a width, alignment, and improvements such that the street is adequate to safely accommodate existing and anticipated vehicular and pedestrian traffic and meets City standards. Streets shall be aligned in such a manner as to provide through, safe and efficient access from and to adjacent developments and properties and shall provide for the integration of the proposed streets with the existing pattern. A private street is proposed to serve 5 lots within Lupine Subdivision. One additional lot would be served from Snowbank Drive. Private streets are allowed under section at the sole discretion of Hailey City Council. A separate road parcel is identified on the proposed preliminary plat. Private street parcel width as designed meets city standards for private streets per Title 16. The proposed paved width is adequate for fire access and anticipated vehicular traffic volumes. The applicant has proposed to pay in lieu for sidewalks and has submitted a map of the area calculations. Alignment appears safe for existing and anticipated vehicular traffic. The proposed street is a dead end and does not provide a through route for vehicles accessing the site. Through

11 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 3 vehicular travel appears to be impossible for the proposed property. B. Cul-De-Sacs; Dead-End Streets: Cul-de-sacs or dead end streets shall be allowed only if connectivity is not possible due to surrounding topography or existing platted development. Where allowed, such cul-de-sacs or dead end streets shall comply with all regulations set forth in the IFC and other applicable codes and ordinances. Street rightsof-way extended into un-platted areas shall not be considered dead end streets. A dead end is proposed within the subdivision. Existing platted developments constrain connectivity though the proposed subdivision. The proposed dead end and hammer-head appear to comply with IFC standards. C. Access: More than one access may be required based on the potential for impairment of a single access by vehicle congestion, terrain, climatic conditions or other factors that could limit access. One point of access to the proposed subdivision is shown from Snowbank Drive. This access location appears to be appropriate for project access. A traffic study has not been submitted, so traffic impacts are unknown. does not believe a traffic study is merited for this number of units. D. Design: Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than eighty (80) degrees. Where possible, four way intersections shall be used. A recommended distance of 500 feet, with a maximum of 750 feet, measured from the center line, shall separate any intersection. Alternatively, traffic calming measures including but not limited to speed humps, speed tables, raised intersections, traffic circles or roundabouts, meanderings, chicanes, chokers, and/or neck-downs shall be a part of the street design. Alternate traffic calming measures may be approved with a recommendation by the City Engineer. Three way intersections shall only be permitted where most appropriate or where no other configuration is possible. A minimum distance of 150 feet, measured from the center line, shall separate any 2 three-way intersections. The proposed project access appears to intersect Snowbank Drive at approximately 90 degrees. The 3-way intersection of the project access and Snowbank Drive is located in proximity to two existing intersections. To the east, Snowbank Drive and Flowing Wells Drive (3-way intersection) is approximately 250 feet from the proposed access. Both Flowing Wells Drive and the proposed access are 3-way intersections; the 150 minimum separation requirement is satisfied. To the west, Snowbank Drive and Woodside Blvd (3-way intersection) is approximately 370 feet from the proposed access. Both Woodside Blvd and the proposed access are 3-way intersections; the 150 minimum separation requirement is satisfied. E. Centerlines: Street centerlines which deflect more than five (5) degrees shall be connected by a curve. The radius of the curve for the center line shall not be more than 500 feet for an arterial street, 166 feet for a collector street and 89 feet for a residential street. Alternatively, traffic calming measures including but not limited to speed humps, speed tables, raised intersections, traffic circles or roundabouts, meanderings, chicanes, chokers, and/or neck-downs shall be a part of the street design. Alternate traffic calming measures may be approved with a recommendation by the City Engineer.

12 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 4 No deflections in horizontal alignment are proposed. F. Width: Street width is to be measured from property line to property line. The minimum street width, unless specifically approved otherwise by the Council, shall be as specified in City Standards for the type of street. A 36-foot wide private road parcel is proposed. This meets section L of the code. G. Roadways: Roadway, for the purpose of this section, shall be defined as the area of asphalt from curb face to curb face or edge to edge. Roadway includes areas for vehicle travel and may include parallel or angle in parking areas. The width of roadways shall be in accordance with the adopted City Standards for road construction. The proposed asphalt pavement width is 20 wide. This satisfies section for residential local streets which requires a shared lane with sharrow. H. Road Grades: Road Grades shall be at least two percent (2%) and shall not generally exceed six percent (6%). Grade may exceed 6%, where necessary, by 1% (total 7%) for no more than 300 feet or 2% (total 8%) for no more than 150 feet. No excess grade shall be located within 200 feet of any other excess grade nor there any horizontal deflection in the roadway greater than 30 degrees within 300 feet of where the excess grade decreases to a 2% slope. A plan showing drainage patters has been provided. This will be made a condition of approval. I. Runoff: The developer shall provide storm sewers and/or drainage areas of adequate size and number to contain any runoff within the streets in the subdivision in conformance with the applicable Federal, State and local regulations. The developer shall provide copies of state permits for shallow injection wells (drywells). Drainage plans shall be reviewed by City and shall meet the approval of the City Engineer. Developer shall provide a copy of EPA s NPDES General Permit for Storm Water Discharge from Construction Activity for all construction activity affecting more than one acre. No drywell calculations have been provided for the proposed street runoff. The number of drywells appears to be adequate. Drywells are proposed to be privately maintained. The applicant shall complete all necessary state permitting for constructed shallow injection wells. J. Signage: The developer shall provide and install all street and traffic control signs in accordance with City Standards. Street signs and a stop sign are proposed. Per section L, private streets serving 5 or fewer dwelling units shall not be named. K. Dedication; Names: All streets and alleys within any subdivision shall be dedicated for public use, except as provided herein. New street names (public and private) shall not be the same or similar to any other street names used in Blaine County. L. Private Streets: Private streets serving 5 or fewer lots shall not be named. N/A

13 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 5 L. 1. Private streets may be allowed (a) to serve a maximum of five (5) residential dwelling units, (b) within Planned Unit Developments, or (c) within commercial developments in the Business, Limited Business, Neighborhood Business, Light Industrial, Technological Industry, and Service Commercial Industrial districts. Private streets are allowed at the sole discretion of the Council, except that no Arterial or Major Street, or Collector or Secondary Street may be private. Private streets shall have a minimum total width of 36 feet, shall be constructed to all other applicable City Standards including paving, and shall be maintained by an owner s association. The proposed private street serves 5 dwelling units. It would serve as a local residential street and is proposed to be a 36- foot wide private road parcel. L. 2. Private streets, wherever possible, shall provide interconnection with other public streets and private streets. The existing platted lots surrounding the proposed development do not allow for connectivity to existing public or private streets. One adjacent neighbor is using the proposed parcels for vehicular access to their back yard. This access would no longer be possible with the proposed development. L. 3. The area designated for private streets shall be platted as a separate parcel according to subsection C below. The plat shall clearly indicate that the parcel is unbuildable except for public vehicular and public pedestrian access and ingress/egress, utilities or as otherwise specified on the plat. Parcel A contains the proposed private road and is designated on the preliminary plat by note 4 as an unbuildable parcel solely for ingress/egress, utilities, and snow storage. L. 4. Private street names shall not end with the word Road, Boulevard, Avenue, Drive or Street. Private streets serving five (5) or fewer dwelling units shall not be named. Private roads serving less than 5 dwelling units shall not be named. This has been added as a condition of approval. L. 5. Private streets shall have adequate and unencumbered 10-foot wide snow storage easements on both sides of the street, or an accessible dedicated snow storage easement representing not less than twenty-five percent (25%) of the improved area of the private street. Private street snow storage easements shall not be combined with, or encumber, required on-site snow storage areas. The proposed private street does have 10 snow storage easements on both sides of the street except where Lot 20. Woodside #12 Block 49 fronts the road. Snow storage calculations are noted on the plan showing greater than 25% snow storage is available. L. 6. Subdivisions with private streets shall provide two (2) additional parking spaces per dwelling unit for guest and/or overflow parking. These spaces may be located (a) within the residential lot (e.g., between the garage and the roadway), (b) as parallel spaces within the street parcel or easement adjacent to the travel lanes, (c) in a designated guest parking area, or (d) as a combination thereof. Guest/overflow parking spaces are in addition to the minimum number of parking spaces required pursuant to chapter of this code. The dimension of guest/overflow parking spaces shall be no less than ten feet by twenty feet (10 x20 ) if angle parking, or ten feet by twenty-four feet (10 x24 ) if

14 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 6 parallel. Guest overflow parking spaces shall be improved with asphalt, gravel, pavers, grass block, or other all-weather dustless surface. No part of any required guest/overflow parking spaces shall be utilized for snow storage. Parcel A includes the private road and an area on either side of the road 8 in width that can accommodate parallel parking. This is also called out in a plat note. M. Driveways: M. 1. Driveways may provide access to not more than two (2) residential dwelling units. Where a parcel to be subdivided will have one lot fronting on a street, not more than one additional single family lot accessed by a driveway may be created in the rear of the parcel. In such a subdivision, where feasible (e.g., no driveway already exists), both lots shall share access via a single driveway. Driveways shall not be named. No proposed driveways are shown. M. 2. Driveways shall be constructed with an all-weather surface and shall have the following minimum roadway widths: a. Accessing one residential unit: twelve feet (12 ) b. Accessing two residential units: sixteen feet (16 ) No portion of the required fire lane width of any driveway may be utilized for parking, above ground utility structures, dumpsters or other service areas, snow storage or any other obstructions. No proposed driveways are shown. M. 3. Driveways longer than 150 feet must have a turnaround area approved by the Fire Department. Fire lane signage must be provided as approved by the Fire Department. N/A M. 4. Driveways accessing more than one residential dwelling unit shall be maintained by an owner s association, or in accordance with a plat note. N/A M. 5. The area designated for a driveway serving more than one dwelling unit shall be platted as a separate unbuildable parcel, or as a dedicated driveway easement. Easements and parcels shall clearly indicate the beneficiary of the easement or parcel and that the property is unbuildable except for ingress/egress, utilities or as otherwise specified on the plat. A building envelope may be required in order to provide for adequate building setback. N/A M. 6. No driveway shall interfere with maintenance of existing infrastructure and shall be located to have the least adverse impact on residential dwelling units, existing or to be constructed, on the lot the easement encumbers and on adjacent lots. Future driveways do not appear to have any impact on existing infrastructure..

15 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 7 N. Parking Access Lane: A parking access lane shall not be considered a street, but shall comply with all regulations set forth in the IFC and other applicable codes and ordinances. N/A O. Fire Lanes: Required fire lanes, whether in private streets, driveways or parking access lanes, shall comply with all regulations set forth in the IFC and other applicable codes and ordinances. N/A : Sidewalks and Drainage Improvements Compliant Standards and Yes No N/A City Code City Standards and A. Sidewalks and drainage improvements are required in all zoning districts and shall be located and constructed according to applicable city standards, except as otherwise provided herein. Sidewalks are not proposed within the subdivision or along Snowbank Drive. An in lieu sidewalk fee is preferred in this area, and is proposed. B. The length of sidewalks and drainage improvements constructed shall be equal to the length of the subject property line(s) adjacent to any public street or private street. Sidewalks are not proposed within the subdivision or along Snowbank Drive. An in lieu sidewalk fee is preferred in this area, and is proposed. C. New sidewalks shall be planned to provide pedestrian connections to any existing and future sidewalks adjacent to the site. Sidewalks are not proposed within the subdivision or along Snowbank Drive. An in lieu sidewalk fee is preferred in this area, and is proposed. D. Sites located adjacent to a public street or private street that are not currently through streets, regardless whether the street may provide a connection to future streets, shall provide sidewalks to facilitate future pedestrian connections. Sidewalks are not proposed within the subdivision or along Snowbank Drive. An in lieu sidewalk fee is preferred in this area, and is proposed. E. The requirement for sidewalk and drainage improvements are not required for any lot line adjustment. N/A : Alleys and Easements Compliant Yes No N/A City Code City Standards and A. Alleys: N/A Standards and A. 1. Alleys shall be provided in all Business District and Limited Business District developments where feasible.

16 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 8 N/A A. 2. The minimum width of an alley shall be twenty-six (26 ) feet. N/A A. 3. All alleys shall be dedicated to the public or provide for public access. N/A A. 4. All infrastructures to be installed underground shall, where possible, be installed in the alleys platted. Proposed water and sewer mains identified on submitted plan are underground; however, no additional utilities are identified. All utilities shall be installed underground. A. 5. Alleys in commercial areas shall be improved with drainage as appropriate and which the design meets the approval of the City Engineer. The Developer shall provide storm sewers and/or drainage areas of adequate size and number to contain any runoff within the streets in the subdivision upon the property in conformance with the latest applicable Federal, State and local regulations. The developer shall provide copies of state permits for shallow injection wells (drywells). Drainage plans shall be reviewed by City and shall meet the approval of the City Engineer. N/A A. 6. Dead-end alleys shall not be allowed. N/A A. 7. Where alleys are not provided, easements of not less than ten (10) feet in width may be required on each side of all rear and/or side lot lines (total width = 20 feet) where necessary for wires, conduits, storm or sanitary sewers, gas and water lines. Easements of greater width may be required along lines, across lots, or along boundaries, where necessary for surface drainage or for the extension of utilities. Wires, conduits, and gas lines not shown on proposed plan. Public utility easements are required on side and rear lot lines, and have been added. There is an existing telephone box identified on the east property line of existing lot 21B which is shown in an easement. B. Easements. Easements, defined as the use of land not having all the rights of ownership and limited to the purposes designated on the plat, shall be placed on the plat as appropriate. Plats shall show the entity to which the easement has been granted. Easements shall be provided for the following purposes: See comments above. B. 1. To provide access through or to any property for the purpose of providing utilities, emergency services, public access, private access, recreation, deliveries or such other purpose. Any subdivision that borders on the Big Wood River shall dedicate a 20-foot wide fisherman s access easement, measured from the Mean High Water Mark, which

17 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 9 shall provide for non-motorized public access. Additionally, in appropriate areas, an easement providing non-motorized public access through the subdivision to the river shall be required as a sportsman s access. Property does not border Big Wood River. B. 2. To provide protection from or buffering for any natural resource, riparian area, hazardous area, or other limitation or amenity on, under, or over the land. Any subdivision that borders on the Big Wood River shall dedicate a one hundred (100) foot wide riparian setback easement, measured from the Mean High Water Mark, upon which no permanent structure shall be built, in order to protect the natural vegetation and wildlife along the river bank and to protect structures from damage or loss due to river bank erosion. A twenty-five (25) foot wide riparian setback easement shall be dedicated adjacent to tributaries of the Big Wood River. Removal and maintenance of live or dead vegetation within the riparian setback easement is controlled by the applicable bulk requirement of the Flood Hazard Overlay District. The riparian setback easement shall be fenced off during any construction on the property. Property does not border Big Wood River. B. 3. To provide for the storage of snow, drainage areas or the conduct of irrigation waters. Snow storage areas shall be not less than twenty-five percent (25%) of parking, sidewalk and other circulation areas. No dimension of any snow storage area may be less than 10 feet. All snow storage areas shall be accessible and shall not be located over any above ground utilities, such as transformers. Snow storage calculations are provided on the revised plat. Snow storage easements are identified adjacent to Parcel A : Blocks Compliant Standards and Yes No N/A City Code City Standards and Blocks: The length, width and shape of blocks shall be determined with due regard to adequate building sites suitable to the special needs of the type of use contemplated, the zoning requirements as to lot size and dimensions, the need for convenient access and safe circulation and the limitations and opportunities of topography. The proposed subdivision meets this standard : Lots Compliant Standards and Yes No N/A City Code City Standards and Lots: All lots shown on the subdivision plat must conform to the minimum standards for lots in the District in which the subdivision is planned. The City will generally not approve single-family residential lots larger than one-half (1/2) acre (21,780 square feet). In the event a single-family residential lot greater than one-half (1/2) acre is platted, irrigation shall be restricted to not more than one-half (1/2) acre, pursuant to Idaho Code , and such restriction shall be included as a plat note. District regulations are found in the Zoning Chapter.

18 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 10 The submitted preliminary plat shows that all proposed lots are less than ½ acre. A. If lots are more than double the minimum size required for the zoning district, the Developer may be required to arrange lots in anticipation of future re-subdivision and provide for future streets where necessary to serve potential lots, unless the plat restricts further subdivision. Lot 5 is more than double the minimum required lot size for General Residential (GR) zoning, 6000 sf. Road frontage prohibits access to two lots from the proposed private street. A plat note has been added prohibiting future subdivision. B. Double frontage lots shall be prohibited except where unusual topography, a more integrated street plan, or other conditions make it undesirable to meet this requirement. Double frontage lots are those created by either public or private streets, but not by driveways or alleys. Subdivisions providing a platted parcel of 25 feet or more between any street right-of-way and any single row of lots shall not be considered to have platted double frontage lots. The 25-foot wide parcel provided must be landscaped to provide a buffer between the street and the lot(s). No double frontage lots proposed. C. No unbuildable lots shall be platted. Platted areas that are not buildable shall be noted as such and designated as parcels on the plat. Green Space shall be clearly designated as such on the plat. Parcel A identified as unbuildable. No green space identified on preliminary plat. D. A single flag lot may be permitted at the sole discretion of the Hearing Examiner or Commission and Council, in which the flagpole projection is serving as a driveway as provided herein, providing connection to and frontage on a public or a private street. Once established, a flag lot may not be further subdivided, but a lot line adjustment of a flag lot is not considered a further subdivision. The flagpole portion of the lot shall be included in lot area, but shall not be considered in determining minimum lot width. The flagpole shall be of adequate width to accommodate a driveway as required by this ordinance, fire and other applicable codes. Flag lots within the Townsite Overlay District are not allowed, except where parcels do not have street access, such as parcels adjacent to the ITD right-of-way. N/A E. All lots shall have frontage on a public or private street. No frontage width shall be less than the required width of a driveway as provided under Sections and of this Ordinance. Townhouse Sub-Lots are excluded from this requirement; provided, however, that Townhouse Developments shall have frontage on a street. Calculations need to be provided to confirm that Lot 5 meet the required lot width for General Residential (GR) zoning of 50. The frontage exceeds the required driveway width. F. In the Townsite Overlay District, original Townsite lots shall be subdivided such that the new platted lots are oriented the same as the original lots, i.e. lots shall be subdivided in such a way as to maintain frontage on both the street and alley. Exceptions may be made for corner properties with historic structures. N/A

19 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page : Orderly Development Compliant Standards and Yes No N/A City Code City Standards and A. Phasing Required: Development of subdivisions shall be phased to avoid the extension of City services, roads and utilities through undeveloped land. N/A B. Agreement: Developers requesting phased subdivisions shall enter into a phasing agreement with the City. Any phasing agreement shall be approved and executed by the Council and the Developer on or before the preliminary plat approval by the Council. N/A C. Mitigation of Negative Effects: No subdivision shall be approved which affects the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional public costs upon current residents, unless the Developer provides for the mitigation of the effects of subdivision. Such mitigation may include, but is not limited to the following: 1. Provision of on-site or off-site street or intersection improvements. 2. Provision of other off-site improvements. 3. Dedications and/or public improvements on property frontages. 4. Dedication or provision of parks or green space. 5. Provision of public service facilities. 6. Construction of flood control canals or devices. 7. Provisions for ongoing maintenance. No impacts to off-site streets or intersections are anticipated. There are no on-site public streets or intersections. No public park has been identified on the submitted preliminary plat; the applicant is proposing to pay in lieu for park land. The proposed development meets the density requirements for GR. The water distribution system and wastewater conveyance system and treatment facility all have capacity for the proposed 6 units. D. When the developer of contiguous parcels proposes to subdivide any portion of the contiguous parcels, an area development plan shall be submitted and approved. The Commission and Council shall evaluate the following basic site criteria and make appropriate findings of fact: 1. Streets, whether public or private, shall provide an interconnected system and shall be adequate to accommodate anticipated vehicular and pedestrian traffic. 2. Non-vehicular circulation routes shall provide safe pedestrian and bicycle ways and provide an interconnected system to streets, parks and green space, public

20 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 12 lands, or other destinations. 3. Water main lines and sewer main lines shall be designed in the most effective layout feasible. 4. Other utilities including power, telephone, cable, and gas shall be designed in the most effective layout feasible. 5. Park land shall be most appropriately located on the Contiguous Parcels. 6. Grading and drainage shall be appropriate to the Contiguous Parcels. 7. Development shall avoid easements and hazardous or sensitive natural resource areas. The commission and council may require that any or all contiguous parcels be included in the subdivision. N/A : Perimeter Walls, Gates and Berms Compliant Standards and Yes No N/A City Code City Standards and The City of Hailey shall not approve any residential subdivision application that includes any type of perimeter wall or gate that restricts access to the subdivision. This regulation does not prohibit fences on or around individual lots. The City shall also not allow any perimeter landscape berm more than 3 higher than the previously existing (original) grade. No perimeter gate or wall is proposed : Cuts, Fills, Grading and Drainage Compliant Standards and Yes No N/A City Code City Standards and A. Plans Required: Proposed subdivisions shall be carefully planned to be compatible with natural topography, soil conditions, geology and hydrology of the site, as well as to minimize cuts; fills, alterations of topography, streams, drainage channels; and disruption of soils or vegetation. Fill within the floodplain shall comply with the requirements of the Flood Hazard Overlay District of the Zoning Ordinance. Directional grading has been identified on the plat. Site appears to be fairly flat with no hydrologic issues. A. 1. A preliminary soil report prepared by a qualified engineer may be required by the Hearing Examiner or Commission and/or Council as part of the preliminary plat application. A geotechnical report has not been submitted. does not anticipate the need for a geotechnical report. A. 2. A preliminary grading plan prepared by a civil engineer may be required by the Hearing Examiner or Commission and/or the Council as part of the preliminary plat application, to contain the following information: a. Proposed contours at a maximum of two (2) foot contour intervals; b. Cut and fill banks in pad elevations;

21 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 13 c. Drainage patterns; d. Areas where trees and/or natural vegetation will be preserved; e. Location of all street and utility improvements including driveways to building envelopes; and f. Any other information which may reasonably be required by the Administrator, Hearing Examiner, Commission and/or Council. A directional grading plan has been submitted. requests a road grading plan to ensure adequate drainage can be accomplished. B. Design Standards: The proposed subdivision shall conform to the following design standards: B. 1. Grading shall be designed to blend with natural land forms and to minimize the necessity of padding or terracing of building sites, excavation for foundations, and minimize the necessity of cuts and fills for streets and driveways. A directional grading plan submitted. Site appears to be fairly flat, and no terracing or padding identified on preliminary plat. B. 2. Areas within a subdivision which are not well suited for development because of existing soil conditions, steepness of slope, geology or hydrology shall be allocated for Green Space for the benefit of future property owners within the subdivision. The site appears to be fairly flat and does not identify any questionable existing soil conditions, areas of steep slopes, geological or hydrological areas of concern. B. 3. Where existing soils and vegetation are disrupted by subdivision development, provision shall be made by the Developer for Revegetation of disturbed areas with perennial vegetation sufficient to stabilize the soil upon completion of the construction, including temporary irrigation for a sufficient period to establish perennial vegetation. Until such time as the vegetation has been installed and established, the Developer shall maintain and protect all disturbed surfaces from erosion. Erosion control and re-vegetation shall be included in final design. Developer shall re-vegetate disturbed area per this standard. B. 4. Where cuts, fills or other excavation are necessary, the following development standards shall apply: a. Fill areas for structures or roads shall be prepared by removing all organic material detrimental to proper compaction for soil stability. b. Fill for structures or roads shall be compacted to at least 95 percent of maximum density as determined by American Association State Highway Transportation Officials (AASHTO) and American Society of Testing & Materials (ASTM).

22 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 14 c. Cut slopes shall be no steeper than two horizontal to one vertical. Subsurface drainage shall be provided as necessary for stability. d. Fill slopes shall be no steeper than three horizontal to one vertical. Neither cut nor fill slopes shall be located on natural slopes of three to one or steeper, or where fill slope toes out within twelve (12) feet horizontally of the top of existing or planned cut slope. e. Tops and toes of cut and fill slopes shall be set back from structures and property lines as necessary to accommodate drainage features and drainage structures. A directional grading plan submitted. Site appears to be fairly flat with minimal site grading. B. 5. The developer shall provide storm sewers and/or drainage areas of adequate size and number to contain the runoff upon the property in conformance with the applicable Federal, State and local regulations. The developer shall provide copies of state permits for shallow injection wells (drywells). Drainage plans shall be reviewed by planning staff and shall meet the approval of the city engineer. Developer shall provide a copy of EPA s NPDES General Permit for Storm-water Discharge from Construction Activity for all construction activity affecting more than one acre. No drainage calculations provided for drywell capacities. Calculations shall be submitted at final design. A Storm Water Pollution Prevention Plan (SWPPP) will be necessary for any disturbances greater than 1 acre, and should be provided at final design : Overlay Districts Compliant Standards and Yes No N/A City Code City Standards and A. Flood Hazard Overlay District: A. 1. Subdivisions or portions of subdivision located within the Flood Hazard Overlay District shall comply with all provisions of Section 4.10 of the Zoning Ordinance. N/A A. 2. Subdivisions located partially in the Flood Hazard Overlay District shall have designated building envelopes outside the Flood Hazard Overlay District to the extent possible. N/A A. 3. Any platted lots adjacent to the Big Wood River or its tributaries shall have designated building envelopes. N/A B. Hillside Overlay District:

23 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 15 N/A B. 1. Subdivisions or portions of subdivisions located within the Hillside Overlay District shall comply with all provisions of Section 4.14, of the Zoning Ordinance. N/A B. 2. Subdivisions located partially in the Hillside Overlay District shall have designated building envelopes outside the Hillside Overlay District. N/A B. 3. All approved subdivisions shall contain a condition that a Site Alteration Permit is required before any development occurs. Developer shall meet this standard : Parks, Pathways and Other Green Spaces Compliant Standards and Yes No N/A City Code City Standards and A. Parks and Pathways: Unless otherwise provided, every subdivision shall set aside a Park and/or Pathway(s) in accordance with standards set forth herein. A. 1. Parks: A. 1. a. The developer of any subdivision, or any part thereof, consisting of three (3) or more residential lots, including residential townhouse sub-lots and residential condominium units, without regard to the number of phases within the subdivision, shall set aside or acquire land area within, adjacent to or in the general vicinity of the subdivision for Parks. Parks shall be developed within the City of Hailey and set aside in accordance with the following formula: P = x multiplied by.0277 P is the Parks contribution in acres x is the number of single family lots, residential townhouse sub-lots or residential condominium units contained within the plat. Where multi-family lots are being platted with no fixed number of units, x is maximum number of residential lots, sub-lots, and units possible within the subdivision based on current zoning regulations Mathematical calculations of this formula result in the following requirements: Project Buildout:.0277 x 6 = 0.17 acres No park space is proposed on the submitted preliminary plat, and a plat note has been added stating that an in lieu payment is proposed. The preliminary plat will be reviewed by the Parks and Land Board at the October 4 th Parks and Lands Board meeting.

24 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 16 A.1.b In the event the subdivision is located in the Business (B), Limited Business (LB), Neighborhood Business (NB), or Transitional (TN) zoning districts, the area required for a Park shall be reduced by 75%, but in no event shall the area required for a Park/Cultural Space exceed 17.5% of the area of the lot(s) being developed. N/A A. 2. Pathways: The developer of any subdivision, or any part thereof, shall provide pathways for all trails and paths identified in the master plan that are located on the property to be subdivided or on city property adjacent to the property to be subdivided, and sidewalks required by this ordinance. No pathways are identified on-site in the master plan. Sidewalks are not proposed on site; in lieu is proposed for sidewalks. B. Multiple Ownership: Where a parcel of land is owned or otherwise controlled, in any manner, directly or indirectly: 1. By the same individual(s) or entity(ies), including but not limited to corporation(s), partnership(s), limited liability company(ies) or trust(s), or N/A 2. By different individuals or entities, including but not limited to corporations, partnerships, limited liability companies or trusts where a) such individual(s) or entity(ies) have a controlling ownership or contractual right with the other individual(s) or entity(ies), or b) the same individual(s) or entity(ies) act in any manner as an employee, owner, partner, agent, stockholder, director, member, officer or trustee of the entity(ies), 3. Multiple subdivisions of the parcel that cumulatively result in three (3) or more residential lots, townhouse sub-lots or condominium units, are subject to the provisions of this ordinance, and shall provide the required improvements subject to the required standards at or before the platting or development of the lots, sub-lots or units. 4. Parks and Lands Board: The parks and lands board shall review and make a recommendation to the hearing examiner or commission and council regarding each application subject to the provisions of Section 4.10 of this ordinance. Such recommendation will be based on compliance with the master plan and provisions of this ordinance. C. Parks and Lands Board: The parks and lands board shall review and make a recommendation to the hearing examiner or commission and council regarding each application subject to the provisions of this section. Such recommendation will be based on compliance with the master plan and provisions of this ordinance. The Parks and Lands Board has reviewed this project, and their recommendation was made part of the record at the October 10 meeting. The Parks and Lands Board recommends an in lieu payment for required parks lands. D. Minimum Requirements: D. 1. Private Green Space: Use and maintenance of any privately owned green space shall be controlled by recorded covenants or restrictions which run with the land in favor of the

25 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 17 future owners of the property within the tract and which cannot be modified without the consent of the council. No private green space proposed on submitted preliminary plat. D. 2. Neighborhood Park: A neighborhood park shall include finished grading and ground cover, large grassy areas, trees and shrubs, sheltered picnic table(s), trash container(s), dog station(s), bike racks, park bench(es), parking as required by ordinance, and two or more of the following: play structure, restrooms, an athletic field, trails, hard surface multiple use court (tennis or basketball courts), or gardens that demonstrate conservation principles. Neighborhood Parks shall provide an average of 15 trees per acre, of which at least 15% shall be of 4" caliper or greater. A maximum of 20% of any single tree species may be used. Landscaping and irrigation shall integrate water conservation. A neighborhood park shall be deeded to the City upon completion, unless otherwise agreed upon by the developer and City. The Parks and Lands Board has reviewed this project, and their recommendation was made part of the record at the October 10 meeting. The Parks and Lands Board recommends an in lieu payment for required parks lands. D. 3. Mini Park: A mini park shall include finished grading and ground cover, trees and shrubs, picnic table(s), trash container(s), dog station(s), bike racks and park bench(es). All mini parks shall provide an average of 15 trees per acre, of which at least 15% shall be of 4" caliper or greater. A maximum of 20% of any single tree species may be used. Landscaping and irrigation shall integrate water conservation. See item C. D. 4. Park/Cultural Space: A park/cultural space shall include benches, planters, trees, public art, water features and other elements that would create a gathering place. Connective elements, such as parkways or enhanced sidewalks may also qualify where such elements connect two or more parks or park/cultural spaces. See item C. D. 5. Pathway: Pathways shall have a minimum twenty foot (20 ) right-of-way width and shall be paved or improved as recommended by the Parks and Lands Board. Construction of Pathways shall be undertaken at the same time as other public improvements are installed within the development, unless the Council otherwise allows when deemed beneficial for the project. The Developer shall be entitled to receive a Park dedication credit only if the Developer completes and constructs a Pathway identified in the Master Plan, or completes and constructs a Pathway not identified in the Master Plan where the Pathway connects to existing or proposed trails identified in the Master Plan. The City may permit easements to be granted by Developers for Pathways identified in the Master Plan, thereby allowing the Developer to include the land area in the determination of setbacks and building density on the site, but in such cases, a Park dedication credit will not be given. A Developer is entitled to receive a credit against any area required for a Park for every square foot of qualified dedicated Pathway right-of-way. No pathway identified on submitted plan. All park space must be contiguous with a minimum width of 20. E. Specific Park Standards: All Parks shall meet the following criteria for development, location and size (unless unusual conditions exist that prohibit meeting one or more of the criteria):

26 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 18 See item C. E. 1. Shall meet the minimum applicable requirements of Subsection D of this section. See item C. E. 2. Shall provide safe and convenient access, including ADA standards. Grading plan has not been submitted. All access to park space shall meet this standard. E. 3. Shall not be gated so as to restrict access and shall not be configured in such a manner that will create a perception of intruding on private space. If a Park is privately owned and maintained, the use of the park shall not be exclusive to the homeowners, residents or employees of the development. See item C. E. 4. Shall be configured in size, shape, topography and improvements to be functional for the intended users. To be eligible for Park dedication, the land must, at a minimum, be located on slopes less than 25 degrees, and outside of drainways, floodways and wetland areas. Mini Parks shall not be occupied by non-recreational buildings and shall be available for the use of all the residents or employees of the proposed subdivision. See item C. E. 5. Shall not create undue negative impact on adjacent properties and shall be buffered from conflicting land uses. See item C. E. 6. Shall require low maintenance, or provide for maintenance or maintenance endowment. See item C. F. Specific Pathway Standards: All Pathways shall meet the following criteria for development, location and size (unless unusual conditions exist that prohibit meeting one or more of the criteria): F. 1. Shall meet the minimum applicable requirements required by subsection D of this section. No paths identified. F. 2. Shall be connected in a useful manner to other Parks, Pathways, Green Space and recreation and community assets. No parks or pathways identified on plan. G. Specific Green Space Standards: If green space is required or offered as part of a subdivision, townhouse or condominium development, all green space shall meet the following criteria for development, location and size (unless unusual conditions exist that prohibit meeting one or more of the criteria): G. 1. Shall meet the minimum applicable requirements required by subsection D of this section.

27 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 19 See item C. G. 2. Public and private green spaces on the same property or adjacent properties shall be complementary to one another. Green space within proposed developments shall be designed to be contiguous and interconnecting with any adjacent Green Space (both existing and potential future space). See item C. G. 3. The use of the private green space shall be restricted to Parks, Pathways, trails or other recreational purposes, unless otherwise allowed by the City. See item C. G. 4. The private ownership and maintenance of green space shall be adequately provided for by written agreement. H. In-Lieu Contributions: No CC&Rs submitted. Maintenance shall be managed and funded by HOA. See item C. An in lieu contributions would be required by the applicant if no park is dedicated per the Parks and Lands Board recommendations. H. 1. After receiving a recommendation by the Parks and Lands Board, the Council may at their discretion approve and accept voluntary cash contributions in lieu of Park land dedication and Park improvements. See item C. H. 2. The voluntary cash contributions in lieu of Park land shall be equivalent to the area of land (e.g., square footage) required to be dedicated under this ordinance multiplied by the fair market value of the land (e.g., $/square foot) in the development at the time of preliminary plat approval by the Council. The City shall identify the location of the property to be appraised, using the standards in subsections E.4 and E.5 of this ordinance. The appraisal shall be submitted by a mutually agreed upon appraiser and paid for by the applicant. See item C. H. 3. Except as otherwise provided, the voluntary cash contribution in lieu of Park land shall also include the cost for Park improvements, including all costs of acquisition, construction and all related costs. The cost for such improvements shall be based upon the estimated costs provided by a qualified contractor and/or vendor. In the Business (B), Limited Business (LB), Neighborhood Business (NB) and Transitional (TN) zoning districts, in-lieu contributions will not include the cost for Park improvements. See item C. H. 4. In-lieu contributions must be segregated by the City and not used for any other purpose other than the acquisition of Park land and/or Park improvements, which may include upgrades and replacement of Park improvements. Such funds should be used, whenever feasible or practicable, on improvements within walking distance of the residents of the subdivision.

28 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 20 See item C : Improvements Required: Compliant Standards and Yes No N/A City Code City Standards and Minimum Improvements Required: It shall be a requirement of the Developer to construct the minimum infrastructure improvements set forth herein and any required infrastructure improvements for the subdivision, all to City Standards and procedures, set forth in Title 18 of the Hailey Municipal Code and adopted by ordinance in accordance with the notice and hearing procedures provided in Idaho Code Alternatives to the minimum improvement standards may be recommended for approval by the City Engineer and approved by the City Council at its sole discretion only upon showing that the alternative is clearly superior in design and effectiveness and will promote the public health, safety and general welfare. The applicant intends to construct all necessary infrastructure if the project is approved. A. Plans Filed, Maintained: Six (6) copies of all improvement plans shall be filed with the City Engineer and made available to each department head. Upon final approval two (2) sets of revised plans shall be returned to the Developer at the pre-construction conference with the City Engineer s written approval thereon. One set of final plans shall be on-site at all times for inspection purposes and to note all field changes upon. The applicant shall meet this standard. B. Preconstruction Meeting: Prior to the start of any construction, it shall be required that a pre-construction meeting be conducted with the Developer or his authorized representative/engineer, the contractor, the City Engineer and appropriate City departments. An approved set of plans shall be provided to the Developer and contractor at or shortly after this meeting. The applicant shall meet this standard. C. Term Of Guarantee Of Improvements: The developer shall guarantee all improvements pursuant to this Section for no less than one year from the date of approval of all improvements as complete and satisfactory by the city engineer, except that parks shall be guaranteed and maintained by the developer for a period of two years. The applicant shall meet this standard : Streets, Sidewalks, Lighting, Landscaping Streets, Sidewalks, Lighting, Landscaping: The developer shall construct all streets, alleys, curb and gutter, lighting, sidewalks, street trees and landscaping, and irrigation systems to meet City Standards, the requirements of this ordinance, the approval of the Council, and to the finished grades which have been officially approved by the city engineer as shown upon approved plans and profiles. The developer shall pave all streets and alleys with an asphalt plant-mix, and shall chip-seal streets and alleys within one year of construction.

29 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 21 The proposed road would be classified as a Local Residential Street. Analysis of proposed road per title 18 follows: 20 of asphalt meets the city standard of per lane. The proposed road side ditch does not meet the required slopes per city standard drawing F.2. recommends a revision to the proposed road section (16:1 and 8:1). City of Hailey standard drawing F.2 also defines a cross slope of 2.5%. recommends a revision to the proposed road section to meet this standard. All public infrastructure shall meet the city specifications for road construction. A. Street Cuts: Street cuts made for the installation of services under any existing improved public street shall be repaired in a manner which shall satisfy the Street Superintendent, shall have been approved by the Hailey City Engineer or his authorized representative, and shall meet City Standards. Repair may include patching, skim coats of asphalt or, if the total area of asphalt removed exceeds 25% of the street area, the complete removal and replacement of all paving adjacent to the development. Street cut repairs shall also be guaranteed for no less than one year. (Ord. 1191, 2015) Street cuts for the installation of the water and sewer line connection across Snowbank Drive shall be per this standard. B. Signage: Street name signs and traffic control signs shall be erected by the Developer in accordance with City Standard, and the street name signs and traffic control signs shall thereafter be maintained by the City. Street and stop signs identified on submitted plat. Street name sign for proposed private road is not permitted, and stop sign may not be necessary. C. Streetlights: Street lights in the Recreational Green Belt, Limited Residential, General Residential, and Transitional zoning districts are not required improvements. Where proposed, street lighting in all zoning districts shall meet all requirements of Chapter VIIIB of the Hailey Zoning Ordinance. No street lights are proposed : Sewer Connections Sewer Connections: The developer shall construct a municipal sanitary sewer connection for each and every developable lot within the development. The developer shall provide sewer mains of adequate size and configuration in accordance with City standards, and all federal, state, and local regulations. Such mains shall provide wastewater flow throughout the development. All sewer plans shall be submitted to the city engineer for review and approval. At the city engineer s discretion, plans may be required to be submitted to the Idaho Department of Environmental Quality (DEQ) for review and comments. Proposed sewer main size and depth are not indicated on plans. Proposed plan identifies connecting into the existing sewer main in Snowbank Drive. The sewer system connection

30 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 22 will be further reviewed at final design : Water Connections A. Requirements: The developer shall construct a municipal potable water connection, water meter and water meter vault in accordance with City Standards or other equipment as may be approved by the city engineer, for each and every developable lot within the development. The developer shall provide water mains and services of adequate size and configuration in accordance with City Standards, and all federal, state, and local regulations. Such water connection shall provide all necessary appurtenances for fire protection, including fire hydrants, which shall be located in accordance with the IFC and under the approval of the Hailey Fire Chief. All water plans shall be submitted to the city engineer for review and approval. At the City Engineer s discretion, plans may be required to be submitted to the Idaho Department of Environmental Quality (DEQ) for review and comments. Proposed water main connection in Snowbank Drive. A minimum separation of 10 shall be maintained between parallel potable and non-potable utilities. All water lines shall have a minimum cover of 6. 4 main line is proposed. With regards to water service, the Water Department requests that for lots 3 & 4, water services reach the property line as soon as possible and not go down the hammer head and into the property. The applicant will need to hot tap off of the existing water main on Snowbank Dr. with a main line valve off of the main and abandon the existing ¾ service if they do not use it. There is an existing fire hydrant located at the entrance to proposed subdivision. Fire hydrants shall be per IFC and approved by the Hailey Fire Department. IFC appears to be met. B. Townsite Overlay: Within the Townsite Overlay District, where water main lines within the alley are less than six (6) feet deep, the developer shall install insulating material (blue board insulation or similar material) for each and every individual water service line and main line between and including the subject property and the nearest public street, as recommended by the City Engineer. N/A : Drainage Drainage: The developer shall provide drainage areas of adequate size and number to meet the approval of the street superintendent and the city engineer or his authorized representative. (Ord. 1191, 2015) No drainage calculations have been submitted. Review of drainage calculations will take place during final design. Design appears to be sufficient for anticipated runoff : Utilities

31 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page Utilities: The developer shall construct each and every individual service connection and all necessary trunk lines, and/or conduits for those improvements, for natural gas, electricity, telephone, and cable television to the property line before placing base gravel for the street or alley. No dry utilities shown. Additional utility company comment and engineering details will be required at final design. All utilities shall be installed underground : Parks, Green Space Parks, Green Space: The developer shall improve all parks and green space areas as presented to and approved by the hearing examiner or commission and council. See section : Installation To Specifications; Inspections Installation to Specifications; Inspections: All improvements are to be installed under the specifications and inspection of the city engineer or his authorized representative. The minimum construction requirements shall meet City Standards or the Department of Environmental Quality (DEQ) standards, whichever is the more stringent. An inspection schedule will be established for any/all components at final design. All infrastructure must meet City of Hailey Specifications and will be further evaluated in greater detail at final design. The inspection process of the proposed public improvements shall include materials testing to insure the compliance with City of Hailey code. The City will need to select an inspector, to be paid for by the applicant, for all water, sewer, and roadway infrastructure during construction : Completion; Inspections; Acceptance A. Installation of all infrastructure improvements must be completed by the developer, and inspected and accepted by the City prior to signature of the plat by City representatives, or according to a phasing agreement. A post-construction conference shall be requested by the developer and/or contractor and conducted with the developer and/or contractor, the city engineer, and appropriate City departments to determine a punch list of items for final acceptance. All infrastructure must meet City of Hailey Specifications and will be further evaluated in greater detail at final design. The inspection process of the proposed public improvements shall include materials testing to insure the compliance with City of Hailey code. The City will need to select an inspector, to be paid for by the applicant, for all water, sewer, and roadway infrastructure during construction. B. The developer may, in lieu of actual construction, provide to the City security pursuant to Section 3.3.7, for all infrastructure improvements to be completed by developer after the final plat has been signed by City representatives. (Ord. 1191, 2015)

32 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 24 Completion of all major infrastructure by the developer is preferred over bonding : As Built Plans and Specifications As Built Plans and Specifications: Prior to the acceptance by the City of any improvements installed by the developer, three (3) sets of as-built plans and specifications certified by the developer s engineer shall be filed with the city engineer. (Ord. 1191, 2015) As-built drawings will be required : Townhouses: Compliant Standards and Yes No N/A City Code City Standards and Plat Procedure: The developer of the townhouse development shall submit with the preliminary plat application and all other information required herein a copy of the proposed party wall agreement and the proposed document(s) creating an association of owners of the proposed townhouse sublots, which shall adequately provide for the control (including billing, where applicable) and maintenance of all common utilities, commonly held facilities, garages, parking and/or green spaces. Prior to final plat approval, the developer shall submit to the city a final copy of the party wall agreement and any other such documents and shall record the documents prior to or at the same time of the recordation of the plat, which plat shall reflect the recording instrument numbers thereupon. (Ord. 1191, 2015) N/A Garages: All garages shall be designated on the preliminary and final plats and on all deeds as part of the particular townhouse units. Detached garages may be platted on separate sublots; provided, that the ownership of detached garages is appurtenant to specific townhouse units on the townhouse plat and that the detached garage(s) may not be sold and/or owned separate from any dwelling unit(s) within the townhouse development. (Ord. 1191, 2015) N/A Storage, Parking Areas: Residential townhouse developments shall provide parking spaces according to the requirements of title 17, chapter of this code. (Ord. 1191, 2015) N/A Construction Standards: All townhouse development construction shall be in accordance with the IBC, IRC and IFC. Each townhouse unit must have separate water, sewer and utility services, which do not pass through another building or unit. (Ord. 1191, 2015) N/A General Applicability: All other provisions of this title and all applicable ordinances, rules and regulations of the city and all other governmental entities having jurisdiction shall be complied with by townhouse developments. (Ord. 1191, 2015)

33 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 25 N/A Expiration: Townhouse developments which have received final plat approval shall have a period of three (3) calendar years from the date of final plat approval by the council to obtain a building permit. Developments which have not received a building permit shall be null and void and the plats associated therewith shall be vacated by the council. If a development is to be phased, construction of the second and succeeding phases shall be contingent upon completion of the preceding phase unless the requirement is waived by the council. Further, if construction on any townhouse development or phase of any development ceases or is not diligently pursued for a period of three (3) years without the prior consent of the council, that portion of the plat pertinent to the undeveloped portion of the development shall be vacated. (Ord. 1191, 2015) N/A Conversion: The conversion by subdivision of existing units into townhouses shall not be subject to section of this title. (Ord. 1191, 2015) N/A Density: The maximum number of cottage townhouse units on any parcel shall be twelve (12), and not more than two (2) cottage townhouse developments shall be constructed adjacent to each other. (Ord. 1191, 2015) N/A Exceptions: Whenever the tract to be subdivided is, in the shape or size, or is surrounded by such development or unusual conditions that the strict application of the requirements contained herein would result in real difficulties and substantial hardships or injustices, the council may vary or modify such requirements by making findings for their decision so that the developer is allowed to develop his property in a reasonable manner, while ensuring that the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this title are preserved. As used in this section, the phrase real difficulties and substantial hardships or injustices shall apply only to situations where strict application of the requirements of this title will deny to the developer the reasonable and beneficial use of the property in question, and not in situations where the developer establishes only that exceptions will allow more financially feasible or profitable subdivision. (Ord. 1191, 2015). recommends that sidewalk in-lieu fees would be appropriate, and that the public welfare would benefit from sidewalks being constructed in more heavily traveled areas in the neighborhood Criteria. A. The Commission or Hearing Examiner shall determine the following before approval is given: 1. The project does not jeopardize the health, safety or welfare of the public. 2. The project conforms to the applicable specifications outlined in the Design Review Guidelines, as set forth herein, applicable requirements of the Zoning Ordinance, and City Standards.

34 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 26 B. Conditions. The Commission or Hearing Examiner may impose any condition deemed necessary. The Commission or Hearing Examiner may also condition approval of a project with subsequent review and/or approval by the Administrator or Planning. Conditions which may be attached include, but are not limited to those which will: 1. Ensure compliance with applicable standards and guidelines. 2. Require conformity to approved plans and specifications. 3. Require security for compliance with the terms of the approval. 4. Minimize adverse impact on other development. 5. Control the sequence, timing and duration of development. 6. Assure that development and landscaping are maintained properly. 7. Require more restrictive standards than those generally found in the Zoning Ordinance. C. Security. The applicant may, in lieu of actual construction of any required or approved improvement, provide to the City such security as may be acceptable to the City, in a form and in an amount equal to the cost of the engineering or design, materials and installation of the improvements not previously installed by the applicant, plus fifty percent (50%), which security shall fully secure and guarantee completion of the required improvements within a period of one (1) year from the date the security is provided. 1. If any extension of the one year period is granted by the City, each additional year, or portion of each additional year, shall require an additional twenty percent (20%) to be added to the amount of the original security initially provided. 2. In the event the improvements are not completely installed within one (1) year, or upon the expiration of any approved extension, the City may, but is not obligated, to apply the security to the completion of the improvements and complete construction of the improvements. CONCLUSIONS OF LAW Based upon the above Findings of Fact, the Commission makes the following Conclusions of Law: 1. Adequate notice, pursuant to Title 16, Chapter 16.03, was given. 2. The project is in general conformance with the Hailey Comprehensive Plan. 3. The project does not jeopardize the health, safety, or welfare of the public. 4. Upon compliance with the conditions set forth, the project conforms to the applicable standards of Title 16, Subdivision, Title 18, Mobility and other City Standards. DECISION The Subdivision/Preliminary Plat Application submitted by Lupine Subdivision, by International Church of the Foursquare, located at Lots 21A and 21B, Block 49, Woodside Subdivision #12, finding that the project does not jeopardize the health, safety or welfare of the public and the project conforms to the applicable specifications outlined in Title 16, Subdivision, Title 18, and City Standards, provided conditions (a) through (q) are met.

35 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 27 The following are conditions of approval for this application: a) All Fire Department and Building Department requirements shall be met. Items to be completed at the applicant s sole expense include, but will not be limited to, improvements shown on the submitted on the plat dated October 2, b) All City infrastructure requirements shall be met as outlined in Chapter and of the Subdivision Title. Detailed plans for all infrastructure to be installed or improved at or adjacent to the site shall be submitted for Department approval and shall meet City Standards where required. Infrastructure to be completed at the applicant s sole expense include, but will not be limited to, the improvements shown on the most recent submitted plans and those listed in these conditions. c) Issuance of permits for the construction of buildings within the proposed subdivision shall be subject to Section of the Subdivision Title. d) All improvements and other requirements shall be completed and accepted, or surety provided pursuant to subsections (I) and (B) of the Subdivision Title, prior to recordation of the final plat. e) The final plat must be submitted within one (1) calendar year from the date of approval of the preliminary plat, unless otherwise allowed for within a phasing agreement. f) Any subdivision inspection fees due shall be paid prior to recording the final plat. g) Any application development impact fees shall be paid prior to recording the final plat. h) The proposed road is permitted as a private street; pursuant to L. Guest parking shall be permitted in Parcel A to meet the requirements of Section L.6. i) The proposed private street shall not be named. No street name signage will be approved. j) The applicant shall submit a final Erosion Control Plan prior to final plat. k) Calculations shall be provided showing that Lot 5 meets the minimum lot width. l) Pursuant to Hailey Municipal Code , the Applicant shall be allowed to pay in lieu fees for on-site sidewalks (interior road and along Snow Bank Drive) prior to approval of the final plat. If only one estimate is provided, it shall be reviewed by the City Engineer, and additional estimates may be requested. m) Pursuant to Hailey Municipal Code , the Applicant shall be allowed to modify road grades called for in standard H due to the existing topography on the property. Road grades as proposed would result in a superior design.

36 Lupine Subdivision Preliminary Plat Findings of Fact Hailey Planning and Zoning Commission October 10, 2017 Page 28 n) In-lieu of dedicated a park as required by Section of the Subdivision Ordinance, the applicant shall pay $ to the City of Hailey, according to Section The in-lieu fee shall be paid prior to recording the final plat. (Or as otherwise recommended by the Parks and Lands Board). o) A plat note shall be added stating that all building heights shall be no more than two stories and no more than 25 in height. p) The fence and sprinklers adjacent to 3130 Snow Bank shall be relocated to the property line prior to recordation of the final plat. q) The driveway on Lot 5 shall be located on the west side of the building. Signed this day of, Janet Fugate, Planning & Zoning Commission Chair Attest: Dorothy Judd, Community Development Assistant

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38 Text Amendment to Title 17, Section Definitions Findings of Fact Planning and Zoning Commission October 10, 2017 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION On October 10, 2017, the Hailey Planning and Zoning Commission considered a City-initiated Text Amendment to the Title 17, Section 17.02, Definitions, to clarify and amend the definition of: Dwelling Unit. The amendment would include changes to the minimum gross floor area in that every dwelling unit shall have not less than one hundred fifty (150) square feet of gross floor area, replacing the current regulation of one hundred twenty (120) square feet of gross floor area. Background As part of the Hailey City Council s review of the Small Residential Apartment Housing Overlay (AHO), the following definition came to the Councils attention: DWELLING UNIT: A building or separate portion thereof having a single kitchen and providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, to be occupied exclusively as a residence. Every dwelling unit shall have at least one habitable room that shall have not less than one hundred twenty (120) square feet of gross floor area, or other area as specified in the IBC or IRC. The Council felt that this minimum is too small, and directed staff to prepare amendments to the above. The IBC specifies that all dwelling have at least one room of 120 square feet. Overall buildings must be 150 square feet under the IRC. However, plumbing code standards (minimum clearances) could make these minimums difficult to achieve. The Hailey Planning & Zoning Commission considered a minimum unit size of 200 gross square feet and found that 150 gross square feet was more appropriate as it aligns with the Idaho State Building requirements and is also in line with standards allowing better opportunities for affordable housing. The Commission directed staff at the October 10, 2107, meeting to proceed with a text amendment on this matter. Criteria for Review. Section (A) of the Hailey Municipal Code provides [w]hen evaluating any proposed amendment under this chapter, the hearing examiner or commission and council shall make findings of fact on the following criteria: 1. The proposed amendment is in accordance with the comprehensive plan; 2. Essential public facilities and services are available to support the full range of proposed uses without creating excessive additional requirements at public cost for the public facilities and services;

39 Text Amendment to Title 17, Section Definitions Findings of Fact Planning and Zoning Commission October 10, The proposed uses are compatible with the surrounding area; and 4. The proposed amendment will promote the public health, safety and general welfare. 1. The proposed amendment is in accordance with the comprehensive plan. The 2010 Hailey Comprehensive Plan anticipates new development that is compatible with neighborhood character. The following policies from the Comprehensive Plan are relevant to this text change. 3.1 Assure the protection and preservation of Special Sites, Areas and Features to maintain a strong community identity for future generations. The Comprehensive Plan identifies Special Areas that merit careful planning. The Comprehensive Plan suggests Overlay Districts as a good tool to protect Special Areas; Special Areas include cultural and scenic amenities, such as trails along the Big Wood River, the original townsite grid pattern and historic downtown area. Open space surrounding Hailey, including the undeveloped area between the cities of Hailey and Bellevue, visible ridgelines, undeveloped hillsides and agricultural areas are also Special Areas that help define the rural character of Hailey. Overlay districts or other special planning tools can be utilized to help plan for special sites, areas and features. For example, the Original Hailey Townsite Overlay District allows for reasonable flexibility in ordinance requirements, which helps achieve dual goals of a compact community core and retaining the character of Old Hailey. The Council considered the above in their adoption of the Small Residential Overlay. Other overlay tools could be considered to encourage infill housing. The proposed text change will not affect overall density unless coupled with other code changes. 5.6 Encourage development at the densities allowed in the Zoning Code. The proposed text change would change unit size, but not overall density. 2. Essential public facilities and services are available to support the full range of proposed uses without creating excessive additional requirements at public cost for the public facilities and services.

40 Text Amendment to Title 17, Section Definitions Findings of Fact Planning and Zoning Commission October 10, 2017 The proposed text change will ensure adequate living space for all dwelling units, as well as the necessary services for these unis. 3. The proposed uses are compatible with the surrounding area. The proposed text change will allow for compatibility. 4. The proposed amendment will promote the public health, safety and general welfare. The amendments recommended by the Commission are consistent with the Hailey Comprehensive Plan. Consideration has been given to compatibility with surrounding neighborhoods and downtown Hailey. The Commission found that these amendments will promote the public health, safety and general welfare. CONCLUSIONS OF LAW AND DECISION Based on the above Findings of Fact, the Commission, on a unanimous vote, concluded that adequate notice, pursuant to Title 17, Section 17.02, was given, and is proper, and makes the following recommendations: The Commission finds that the Text Amendment to Zoning Code Title 17, Section as outlined in the attached draft Ordinance, Exhibit A, amending the gross floor area from 120 square feet to 150 square feet of gross floor area is in accordance with the Comprehensive Plan; essential public facilities and services are available to support the full range of proposed uses without creating excessive additional requirements at public cost for the public facilities and services; the proposed uses are compatible with the surrounding area; and the proposed amendment will promote the public health, safety and general welfare. Signed this day of, Janet Fugate, Chair Attest: Dorothy Judd, Community Development Assistant

41 Return to Agenda

42 STAFF REPORT TO: FROM: RE: Hailey Planning & Zoning Commission Lisa Horowitz, Community Development Director Conditional Use Permit request by the City of Hailey for a Conditional Use Permit for a Public Use for seasonal snow storage to be located at 1448 Aviation Drive (Lot 1, Block 1 Airport West Subdivision 2) in the SCI Sales and Office Zone District. HEARING: November 6, 2017 Applicant: City of Hailey Public Works Department Location: 1448 Aviation Drive (Lot 1, Block 1 Airport West Subdivision 2) Zoning: Note: SCI Sales and Office Zone District analysis is in lighter type Notice Notice for the public hearing on November 6, 2017 was sent to the Idaho Mountain Express on 10/13/2017 and published in the Mountain Express on 10/18/2017. Notices were mailed to the adjoining property owners on 10/18/2016 and the property was posted on 10/30/2017. Application The City of Hailey Public Works Department is proposing to use the subject property for seasonal snow storage. The city wishes to store snow from its city plowing activities on the entire parcel from November to May, with the possibility of snow remaining on the lot up to July. The property is undeveloped. Last winter it was used for snow storage by Earthworks and prior uses include construction staging for FMA and overflow/storage for rental cars. The District Use Matrix does not specifically address seasonal snow storage. Section of the Zoning Code allows the Administrator to make a determination if a use in not specifically listed, based on the criteria below. notes on each criteria are in italics B. If a use is not specifically listed as a permitted, conditional or accessory use, then the use is prohibited, except as follows: The Administrator may determine that a proposed use not listed is equivalent to a listed permitted, conditional or accessory use. In making the determination, the Administrator shall consider the following:

43 City of Hailey Snow Storage- Conditional Use Permit 1448 Aviation Drive Planning and Zoning Commission November 6, 2017 Page 2 of 9 1. The impacts on public services and activities associated with the proposed use are substantially similar to those of one or more of the uses listed in the applicable district as allowed; This use to be the most similar to Services to Buildings (janitorial/maintenance) and property management companies, particularly when compared to the NAICS codes as described below. 2. The proposed use shall not involve a higher level of activity or density than one or more of the uses listed in the applicable district as allowed; No density is associated with this use. 3. The proposed use is within the same three (3) digit category of an allowed use listed in the latest edition of the NAICS; There are three categories in the NAICS that may apply: Snow cleaning, highways and bridges, road transportation Seasonal property maintenance services (i.e. snow plowing in winter, landscaping during other seasons, also referred to as snow plowing services combined with landscaping services Snow plowing driveways and parking lots (i.e. not combined with any other service) is of the opinion that the third category listed above (561790) is the best fit. This is not likely to be snow from highways and roads, and there is no proposed summer landscape services contemplated. The category in the NAICS is under the heading Other Services to Buildings and Dwellings. Numerous property maintenance examples are listed: building exterior cleaning, chimney sweep, cleaning driveways and parking lots, snow plowing driveways and parking lots not combined with any other services. These uses are closely related to Services to Buildings (janitorial/maintenance) and property management companies, which is a permitted use in the SCI-SO Zone District. Therefore, snow storage of private sector snow is a permitted use. The City snow storage falls under another category in the District Use matrix, public service, public use, and public utility facilities. For this reason, the storage of City snow is being considered a Conditional use, while private haulers are considered a permitted use. 4. The proposed use is consistent with the purpose of the district in which the use is proposed to be located; and the purpose of the SCI-SO District is shown below. recommends that the proposed use is consistent with this purpose statement in the Zoning Code: Sales and Office Sub-District (SCI - SO). The purpose of the Sales and Office Subdistrict is to allow for a master planned office, technology and service park and associated sales and support uses, as well as a location for the sales and service of

44 City of Hailey Snow Storage- Conditional Use Permit 1448 Aviation Drive Planning and Zoning Commission November 6, 2017 Page 3 of 9 large or bulky retail goods, or goods associated directly with the building trades. The sub-district is created to provide a location for those uses that might otherwise be appropriate in, but, by their nature, may be inappropriate for the Central Business District. The nature of those businesses which are appropriate for this sub-district are those that require a substantial number of service vehicles, have a substantial portion of the building area dedicated to storage or processing, or consist of uses or scale of operation that are better accommodated outside the Central Business District. This Ordinance assumes that the following list of uses is not exhaustive and that other like uses may be permitted upon administrative review pursuant to Section of this Ordinance, as amended. 5. The proposed use is in substantial conformance with goals and objectives of the comprehensive plan. One of our key objectives of the Comprehensive Plan is Design Review. Design Review requires either snow storage on site or hauling of snow. Therefore, I believe that DR contemplates the storage of snow. recommends that this use is in substantial compliance with the Comprehensive plan. General Requirements for all Conditional Use Permits Compliant Standards and Commission Findings Yes No N/A City Code City Standards and Commission Findings Complete Application: Application is complete Department and Boards/Com missions Engineering: - No comments received Life/Safety: - Police Department No concerns - Fire Department No concerns. Water and Sewer: - Building: - No concerns. Streets: - This will be a good addition to street department operations. Boards and Committees: - No concerns. 8.2 Signs 8.2 Signs: The applicant is hereby advised that a sign permit is required for any signage exceeding four square feet in sign area. Approval of signage areas or signage plan in

45 City of Hailey Snow Storage- Conditional Use Permit 1448 Aviation Drive Planning and Zoning Commission November 6, 2017 Page 4 of 9 Design Review does not constitute approval of a sign permit. Commission Findings 8B.4.1 Outdoor Lighting Standards Commission Findings A Onsite Parking Req. Commission Findings No signs are proposed. 8B.4.1 General Standards a. All exterior lighting shall be designed, located and lamped in order to prevent: 1. Overlighting; 2. Energy waste; 3. Glare; 4. Light Trespass; 5. Skyglow. b. All non-essential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes. c. Canopy lights, such as service station lighting shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights of way or adjacent properties. d. Area lights. All area lights are encouraged to be eighty-five (85) degree full cut-off type luminaires. e. Idaho Power shall not install any luminaires after the effective date of this Article that lights the public right of way without first receiving approval for any such application by the Lighting Administrator. No lighting is proposed See Section 9.4 for applicable code. - Require 1 space for 1,000 square feet, or, if the site is considered warehouse and storage, 1 space per every (full time) employee, whichever is greater. No on-site parking is proposed. See standards below for truck activity during hauling hours. Section 11.4 Criteria for Review of Conditional Use Permits Compliant Standards and Commission Findings Yes No N/A City Code City Standards and Commission Findings 11.1 Compliance with the Comprehensive Plan 11.1 Purpose. The City of Hailey recognizes that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and public facilities. In order to protect the public welfare and promote conformance with the Comprehensive Plan, conditional use permits are required for such uses upon review by the Commission. Commission Findings Section 5 of the Comprehensive Plan, Land Use, Population and Growth Management, has the stated purpose of providing an analysis of natural land types, existing land covers and uses, and the intrinsic suitability of lands for uses such as agriculture, forestry, mineral exploration and extraction, preservation, recreation, housing, commerce, industry, and public facilities. Goal 5.1 is stated as: Retain a compact City comprised of a central downtown with surrounding diverse neighborhoods, areas and characteristics as depicted in the

46 City of Hailey Snow Storage- Conditional Use Permit 1448 Aviation Drive Planning and Zoning Commission November 6, 2017 Page 5 of 9 Land Use Map. Item H, Light Industrial is described as areas containing uses important to a variety of business sectors that focus on the production of products and services that are less compatible with, and do not compete with, uses in Downtown and the Community Activity Areas. This CUP request clearly meets the intent of this section of the Comp Plan. The proposed snow storage lot is located near compatible uses, thereby grouping similar uses together in one area of town, away from neighborhoods, downtown or natural areas. Section 9 of the Comprehensive Plan, Public Services, Facilities and Utilities, has the stated purpose of providing an analysis showing general plans for sewage, drainage, power plant sites, utility transmission corridors, water supply, fire stations and fire fighting equipment, health and welfare facilities, libraries, solid waste disposal sites, schools, public safety facilities and related services. This CUP request is best considered under this section of the Comp Plan, as snow removal services and snow storage can be considered related services. Goal 9.1 is stated as: Plan for the long-term utilities, service and facility needs of the City while minimizing impacts to the greatest extent possible. This CUP request meets this goal, even though the requested use is temporary. Inadequate snow removal and snow storage capacity would have a large adverse impact on the people who live and drive in Hailey. In addition, the noise impact of snow hauling activity through residential neighborhoods on the way to Lions Park would be greatly reduced. The proposed location is also centrally located to snow removal operations, and located near the City Street Shop, which will improve fuel efficiency and snow removal crew effectiveness (a) The Commission or Hearing Examiner shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and, if approved, shall find adequate evidence showing that such use at the proposed location: a. Will, in fact, constitute a conditional use as established for the zoning district involved; and Commission Findings See analysis at the introduction section of this report (b) b. Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area; Commission Findings This property is located on a corner lot. There are no adjacent property owners to the west or north of the parcel. Across Airport Way, the properties to the north are vacant, with the exception of a commercial condo that houses a number of diverse, light industrial businesses. To the west, across Airport Way, the property is also vacant. The east property owner is FMA, but a large retaining wall separates the parcel from FMA. The FMA land is higher elevation than the parcel and the FMA land directly next to the retaining wall is a large buffer of unused land between the parcel and a drive that accesses private hangers. The property to the south is St. Luke s Family Clinic. The clinic itself distant from the parcel; there is a large parking complex that separates the clinic from the parcel. The effects are anticipated to be minimal if any at all. Delivery of snow loads and vehicle noise will only occur during the night and early mornings. Almost no activity

47 City of Hailey Snow Storage- Conditional Use Permit 1448 Aviation Drive Planning and Zoning Commission November 6, 2017 Page 6 of 9 will occur on this lot during the day. There will be no odors, fumes, vibration or glare issues associated with this use. The only identified impacts may be visual. A large snow pile would be present for about 5 to 6 months, depending on the snow year. However, the lease for this property will be limited to a maximum number of loads. The terms of the lease have not been finalized yet; however, the city wishes to request 1200 loads loads provide storage for about six storm events 3-6 inches in depth. This is about 75% of the amount of snow that was removed last winter. The Lions Park snow storage area is smaller than the proposed parcel; 1- acre verses 2.5 acres, respectively. The comparison illustrates the amount of space available at the proposed parcel and its ability to handle many loads with less visual impact than what can be seen at Lions Park in a large snow year (c) c. Will not be hazardous or disturbing to existing or future neighboring uses; Commission Findings Airport West is considered a light industrial area, where there are many diverse uses from business offices to manufacturing and storage. The temporary use of snow storage at this location is not incompatible with the district. Many of the rights of way and surrounding properties store large amounts of snow that pile up each winter, much like snow storage areas all over town. This proposed use will be similar, only to a greater degree (d) d. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, and drainage structure. Agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service; and Commission Findings The site is well served by access roads for snow hauling. The location has less public impact than the current snow storage at Lions Park. Drainage will happen via infiltration and melt water will be maintained in a manner than contains any puddling water to the property using grading and waddles, if necessary. Drainage and site maintenance are also address in the lease under development (e) e. Will not create excessive additional requirements at public cost for public facilities and services; and Commission Findings From a snow hauling standpoint, the site represents equal costs to the City. From a maintenance and operations standpoint the airport west site is less expensive, because the site will drain more effectively during the spring (the water table is higher at lions park, which inhibits drainage) and there isn't an adjacent water body to the storage area, which requires a large public cost and special effort to continually monitor and protect (f) f. Will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, dust, odors, vibration, water or air pollution, or safety hazards; and Commission Findings As noted in (b), surrounding uses are fairly industrial in nature. This area will have a lesser impact on the environment and character of the town than the current snow storage site at Lions park.

48 City of Hailey Snow Storage- Conditional Use Permit 1448 Aviation Drive Planning and Zoning Commission November 6, 2017 Page 7 of (g) g. Will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public thoroughfares; Commission Findings The city is proposing utilizing the entire parcel for snow storage with a driving lane separating snow storage areas A and B depicted on the attached site map. Ingress and egress from this drive lane has good visibility, and creates a 4-way intersection with Citation Way (h) h. Will not result in the destruction, loss or damage of a natural, scenic or historic feature. Commission Findings No natural, scenic or historic features exist on the site Conditions. The Commission or Hearing Examiner may impose any conditions which it deems necessary to secure the purpose of City regulations and give effect to the Comprehensive Plan. Conditions which may be attached include, but are not limited to those which will: Require conformity to approved plans and specifications Require or restrict open spaces, buffer strips, walls, fences, signs, concealing hedges, landscaping and lighting Restrict volume of traffic generated, require off-street parking, and restrict vehicular movements within the site and points of vehicular ingress and egress or other conditions related to traffic Require performance characteristics related to the emission of noise, vibration and other potentially dangerous or objectionable elements Limit time of day for the conduct of specified activities Require guarantees such as performance bonds or other security for compliance with the terms of the approval Require dedications and public improvements on property frontages Require irrigation ditches, laterals, and canals to be covered or fenced Minimize adverse impact on other development Control the sequence, timing and duration of development Assure that development is maintained properly Designate the exact location and nature of development Require the provision for on-site or off-site public services Require more restrictive standards than those generally found in this Ordinance Mitigate foreseeable social, economic, fiscal and environmental effects Set a limit on the duration of the permit when deemed necessary Allow for subsequent periodic review.

49 City of Hailey Snow Storage- Conditional Use Permit 1448 Aviation Drive Planning and Zoning Commission November 6, 2017 Page 8 of 9 The Commission may impose any conditions that are deemed necessary to secure the purpose of City ordinances and give effect to the Comprehensive Plan. Conditions including but not limited to those set forth in Section 11.6 may be placed on any approval. Summary Section 11.1 of the Hailey Zoning Ordinance states that the City of Hailey recognizes that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and public facilities. In order to protect the public welfare and promote conformance with the Comprehensive Plan, conditional use permits are required for such uses upon review by the Commission. Conditional Use Permits are subject to review and revocation pursuant to Section 11.9 of the Hailey Zoning Ordinance. This statement will be included in the Findings of Fact, Conclusions of Law, and Decision for any CUP approved by the Commission. By ordinance, the Commission is required to make a decision to approve, conditionally approve, or deny the application within forty-five (45) days after conclusion of the public hearing and issue its decision together with the reasons therefore. The Commission is required to review the application, all supporting documents and plans, and Section 11 of the Zoning Ordinance, in making their decision. The Commission should make findings related to the criteria of Section 11.4, (a) through (h). Suggested Conditions The following conditions are suggested to be placed on any approval of this application: a) All Fire Department and Building Department requirements shall be met in regard all maintenance, administrative, and other functions of this facility. b) Maintenance and drainage items identified in the Lease document as presented shall be adhered to. Motion Language Approval: Motion to approve conditional use permit application request by the City of Hailey for a Conditional Use Permit for a Public Use for seasonal snow storage to be located at 1448 Aviation Drive (Lot 1, Block 1 Airport West Subdivision 2) in the SCI Sales and Office Zone District and finding that the application meets each of the criteria for review (a) through (h) cited in Zoning Ordinance Article 11.4, Section , that the conditional use permit complies with the Comprehensive Plan, and that the conditional use permit is subject to condition (a) thru (b) noted above.

50 City of Hailey Snow Storage- Conditional Use Permit 1448 Aviation Drive Planning and Zoning Commission November 6, 2017 Page 9 of 9 Denial: Motion to deny conditional use permit application by request by the City of Hailey for a Conditional Use Permit for a Public Use for seasonal snow storage to be located at 1448 Aviation Drive (Lot 1, Block 1 Airport West Subdivision 2) in the SCI Sales and Office Zone District citing the following reasons for denial. Continuation: Motion to continue discussion of the conditional use permit application by request by the City of Hailey for a Conditional Use Permit for a Public Use for seasonal snow storage to be located at 1448 Aviation Drive (Lot 1, Block 1 Airport West Subdivision 2) in the SCI Sales and Office Zone District to a later day as specified here.

51 TEMPORARY USE AGREEMENT Occupant: CITY OF HAILEY Premises: Lot 1, Block 1 Mailing Address: 115 Main St. South Address: Airport West Subdivision #2 City/ST/Zip: Hailey, ID City/ST/Zip: Hailey, ID Phone No: , ext Mariel.miller@haileycityhall.org Date: November 13, 2017 Term Begins: December 1, 2017 or earlier if snow is stored on the premises before December 1, Term Expires: The later of March 31, 2018 or until all snow has been removed from the Premises and the property is restored to the original state. Monthly Rent: $1, Owner: Airport West LLC Owner Contact: PC Management, Agent Steve Goff PO Box Bellevue, WA steveg@pcmgt.us In consideration of a monthly rental payment as noted above, the sufficiency of which is acknowledged by the parties, Occupant and Owner hereby enter into this Temporary Use Agreement (the Agreement ) for temporary snow storage, and for no other uses. The term of this agreement shall begin on December 1, 2017 or earlier if snow is stored on the Premises before December 1, 2017 and expires on the later of April 30, 2018 or until all snow has been removed from the Premises and the property has been restored to the original state. Occupant agrees to store a maximum of one-thousand (1,000) loads of snow during the term of this agreement. Should Occupant fail to vacate as provided herein or fails to pay rent, Owner may terminate this Agreement with ten (10) days written notice and Occupant agrees to vacate and restore the Premises to their original condition within twenty (20) days. Owner makes no warranties of security, supervision or insurance at the Premises and hereby disclaims any liability for theft, vandalism or other loss, which may occur at the unsecured Premises.

52 Occupant agrees to indemnify and hold harmless the Owner and its officers, agents and employees against any and all claims for damage to property or injuries to any person or persons, including property and shall indemnify and hold harmless the Owner from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whosoever, arising out of negligent or willful, unintentional acts or omissions to act by the undersigned, or any contractors, agents or employees of the undersigned. Occupant shall deliver to Owner prior to possession a certificate of insurance naming Owner as an additional insured for the period of occupancy. As a condition of this Agreement and Occupant s use of the Premises, Occupant shall: 1. Place gravel or rock at entrance to the Premises where truck travel is expected, to form a bed satisfactory to reduce damage to the Premises 2. Clean up and remove trash and any soils contaminated with petroleum products transported on the Premises 3. Remove all gravel and stone imported during Occupant s use and restore the Premises to its original condition, including spreading topsoil and grading, if necessary 4. Upon turning the Premises back to Owner, seed with an appropriate, droughttolerant grass, if necessary 5. Monitor the property during the spring months to ensure that there are no issues with runoff. If needed, City of Hailey will install silt fence on the upper end of property to keep silts, if any, contained 6. Obtain at its sole expense a conditional use permit to allow storage of snow on the Premises in accordance with this Agreement IN WITNESS WHEREOF, the parties hereby execute this Agreement on the date first written above. OCCUPANT: CITY OF HAILEY By: Fritz X. Haemmerle, Mayor City of Hailey OWNER: AIRPORT WEST LLC a Washington limited liability company By: Steven Goff, Director of Real Estate PC Management LLC, agent

53 Address of Notices: City of Hailey Airport West LLC Attn: Public Works Director P.O. Box Main Street South Bellevue, WA Hailey, ID Mariel Miller , ext. 24 Real Estate Department Steven Goff

54 EXHIBIT A Storage A Driving Area Storage B

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56 STAFF REPORT TO: FM: RE: Planning and Zoning Commission Lisa Horowitz, Community Development Director Pre-Application Design Review of a new phased residential project HEARING: November 6, 2017 Now that the economy has begun to pick up, larger projects are coming into staff in preparation of Commission public hearings. Larger projects often present very different conceptual layouts, with different options regarding street access, interior circulation and layout. The current design review process requires that a full, complete design be complete as part of the packet. Options are precluded by the nature of the Design Review requirements. The Commission recommended that the Council establish a Preapplication Design Review process, with submittal requirements and standards for Preapplication Design Review, which is currently under review by the Council. The Ordinance outlining the Preapplication Design Review process is attached to this report. and the applicant team have agreed that a Preapplication Design review hearing would be appropriate for a new residential project located at Lots 1A and 2A, Block 61, Woodside Subdivision #15. This property is at the corner of Woodside Boulevard and Winterhaven drive. This proposal is for Phase 1 of a 33-unit residential project. Phase 1 consists of ten (10) units ranging in size from 1,106 square feet to 1,340 square feet. The 10 units are in two buildings of five units each. Two vehicular access points are shown on Winterhaven. All of the interior streets are proposed as private streets. No curb cuts are proposed for Woodside Boulevard. Two units from a future phase would access off of Winterhaven Drive. The applicant has submitted a site plan, preliminary architectural plans, a preliminary elevation, and photos of similar materials planned to be used. Material samples will be brought to the meeting. Materials are identified to be Hardie fiber-cement panels, Galvalume panels, Ipe wood siding and El Dorado stone veneer. Items for discussion include: 1) Private Parking. The site plan shows four of the 10 units with two interior and two exterior parking spaces and the remaining 6 units with one interior and one exterior space. The zoning code requires two spaces per unit; this standard can be met. The interior streets are proposed to be private, and have very few on-street parking spaces. The private street sis shown at a ROW dimension of 36, which would not allow for any

57 practical winter on-street parking. In non-winter months, limited areas meet dimensional requires for parallel on-street parking. The public works department has noted a concern about guest parking in this area in general. In winter months, Winterhaven and surrounding streets require regular enforcement and towing to reach compliance. In summer months, Winterhaven remains full, and numerous campers and recreational vehicles fill on-street parking stalls. At a minimum, plat notes would be required stating that no on-street parking is permitted on Winterhaven during winter months, and that recreational vehicles from the project are not permitted on Winterhaven. The applicant team is proposing an amendment to Title 16 regarding guest parking requirements of private streets. This amendment will be heard at the November 27, 2017 Commission meeting. For tonight s purposes, the Commission should just generally discuss concerns (if any) regarding the limited amount of guest parking within the project, which may push all overflow parking to Winterhaven. 2) Snow storage. While snow storage areas have not been delineated at this time, the end the westerly private street looks impractical to push snow. A more detailed snow storage plan will be required of Preliminary Plat and design review, but given the narrowness of the private streets, the Commission may wish to explore this issue at preapplication design review.

58 UP UP 16 UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP 16 UP UP UP UP UP UP UP UP UP UP UP UP UP S C C C THUNDERBIRD DEVELOPMENT - PHASE 1 2'-0" 5'-0" 22'-0" TND ARCHITECTS PLLC THOMAS N. DABNEY ARCHITECT 9 EAST ELM STREET HAILEY, IDAHO TOM@TNDARCH.COM S S C S M S PB 5274 PH TV G GS 73.7 S LOT 2A 84,330 S.F.± 1.94 Ac± 5273 LOT 1A 65,368 S.F.± 1.50 Ac± '-0" 22'-0" 36'-0" '-0" PROJECT DATA LEGAL DESCRIPTION: LOTS 1A & 2A, BLOCK 61, 1ST. AMENDED WOODSIDE #15 SUBDIVISION PARCEL NUMBERS: RPH A, RPH A CITY OF HAILEY ZONING: LIMITED BUSINESS LOTS 1A & 2A, BLOCK 61, 1ST. AMENDED WOODSIDE #15 SUBDIVISION SITE PLAN 5274 C SITE: TOTAL LOT AREA: LOT 1A = 1.50 ac./ ± 63,368 sq.ft. LOT 2A = 1.94 ac./ ± 84,330 sq.ft ac./ ± 147,698 sq.ft. WINTERHAVEN DRIVE (60' R/W) M 5'-0" 2'-0" TOTAL ALLOWABLE UNITS: 68 UNITS TOTAL PROPOSED UNITS: 33 UNITS PHASE 1 PROPOSED UNITS: 10 UNITS 30'-0" 20'-0" 23'-0" 23'-0" 20'-0" 36'-0" PB SERENITY PLACE 5270 PH TV 10'-0" N REVISIONS 20'-0" 19'-0" 10/06/ /20/2017 PRELIM. DESIGN REVIEW PRELIM. DESIGN REVIEW REV. 1 D S C1 20'-0" PRINT DATE D D 10/20/17 DRAWING SCALE S WOODSIDE BLVD. (80' R/W) S 5271 S " = 20'-0" C

59 TND ARCHITECTS PLLC THOMAS N. DABNEY ARCHITECT 9 EAST ELM STREET HAILEY, IDAHO TOM@TNDARCH.COM 1 2 UP 16 UP UP UP UP UP UP 1 2 THUNDERBIRD DEVELOPMENT - PHASE 1 LOTS 1A & 2A, BLOCK 61, 1ST. AMENDED WOODSIDE #15 SUBDIVISION FIRST FLOOR PLAN UP REVISIONS UP UP 00/00/2017 DESIGN REVIEW UP 1 ST FLOOR: 840 sq.ft. 2 ND FLOOR: 500 sq.ft. TOTAL: 1,340 sq.ft. 1 ST FLOOR: 540 sq.ft. 2 ND FLOOR: 566 sq.ft. TOTAL: 1,106 sq.ft. UP ST FLOOR: 360 sq.ft. 2 ND FLOOR: 792 sq.ft. TOTAL: 1,152 sq.ft. UP 1 ST FLOOR: 540 sq.ft. 2 ND FLOOR: 566 sq.ft. TOTAL: 1,106 sq.ft. UP 2 1 UP 1 ST FLOOR: 840 sq.ft. 2 ND FLOOR: 500 sq.ft. TOTAL: 1,340 sq.ft. 2 1 PRINT DATE 10/6/17 DRAWING SCALE 1/4" = 1'-0" A100

60 THUNDERBIRD DEVELOPMENT - PHASE 1 TND ARCHITECTS PLLC THOMAS N. DABNEY ARCHITECT 9 EAST ELM STREET HAILEY, IDAHO TOM@TNDARCH.COM DN DN DN DN DN LOTS 1A & 2A, BLOCK 61, 1ST. AMENDED WOODSIDE #15 SUBDIVISION SECOND FLOOR PLAN REVISIONS 00/00/2017 DESIGN REVIEW PRINT DATE 10/6/17 1 ST FLOOR: 840 sq.ft. 2 ND FLOOR: 500 sq.ft. TOTAL: 1,340 sq.ft. 1 ST FLOOR: 540 sq.ft. 2 ND FLOOR: 566 sq.ft. TOTAL: 1,106 sq.ft. 1 ST FLOOR: 360 sq.ft. 2 ND FLOOR: 792 sq.ft. TOTAL: 1,152 sq.ft. 1 ST FLOOR: 540 sq.ft. 2 ND FLOOR: 566 sq.ft. TOTAL: 1,106 sq.ft. 1 ST FLOOR: 840 sq.ft. 2 ND FLOOR: 500 sq.ft. TOTAL: 1,340 sq.ft. DRAWING SCALE 1/4" = 1'-0" A101

61 THUNDERBIRD DEVELOPMENT - PHASE 1 LOTS 1A & 2A, BLOCK 61, 1ST. AMENDED WOODSIDE #15 SUBDIVISION FRONT ELEVATION TND ARCHITECTS PLLC THOMAS N. DABNEY ARCHITECT 9 EAST ELM STREET HAILEY, IDAHO TOM@TNDARCH.COM REVISIONS 00/00/2017 DESIGN REVIEW PRINT DATE 10/6/17 DRAWING SCALE 1/4" = 1'-0" A200

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71 STAFF REPORT TO: FROM: Hailey Planning and Zoning Commission Lisa Horowitz, Community Development Director RE: Development Agreement regarding the City of Hailey/ARCH rezone at 3920 Woodside boulevard HEARING: November 6, 2017 Applicant: Location: City of Hailey 3920 Woodside Boulevard (Lot 14, Block 46, Woodside Plat #11) ( Subject Property ) Note: analysis is in lighter type. I. Notice Notice for the public hearing was published in the Idaho Mountain Express on 10/18/2017 and mailed to property owners within 300 feet 10/18/2017. II. Application The Hailey City Council approved a rezone for the Subject property on March 27, Findings related to that rezone are attached to this report. Hailey Municipal Code Section allows an applicant or affected person to request reconsideration of a decision within a stipulated time period: D. Request For Reconsideration Required: Failure to identify the nature of compliance or noncompliance with express approval standards or failure to explain compliance or noncompliance with relevant decision criteria or standards shall be grounds for invalidation of an approved permit or site specific authorization, or denial of the same, on appeal. An applicant or affected person who seeks judicial review of a decision by the administrator, hearing examiner, commission or council must first seek reconsideration of the final decision within fourteen (14) days. A request for reconsideration shall be made to the person or body who has the authority to make a final decision but does not have to be made to a person or body who makes a recommendation. A request for reconsideration must allege and identify specific deficiencies in the decision. Upon reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of an appeal or judicial review unless the process required herein has been followed. The time to file an appeal or to seek judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first. (Ord. 1191, 2015)

72 City of Hailey Lot 14, Block 46 Comprehensive Plan Land Use Map Change and Zone Change Request Hailey PZ Commission January 10, 2017 Page 2 of 4 Neighbors within 300 of 3920 Woodside Boulevard filed for reconsideration pursuant to the code section above. That petition for reconsideration was heard by the Council on June 20, The Council determined that a Development Agreement was merited to address the issues raised. III. Development Agreement for Zoning Map Amendment Hailey Municipal Code provides for Development Agreements as a tool for zoning map amendments as follows: : ZONING MAP AMENDMENT PURSUANT TO DEVELOPMENT AGREEMENT: A. Permitted: A zoning ordinance map amendment, as defined in subsection B of this chapter, may be made conditional upon the owner or developer of the property to be rezoned making a commitment concerning the use or development of the subject parcel. Any such written commitment shall be made in accordance with Idaho Code section A and may be made as part of a development agreement entered into between the city and the owner or developer. B. Recording Required: Commitments, whether part of a development agreement or not, shall be recorded in the office of the Blaine County recorder and shall take effect upon the adoption of the zoning ordinance map amendment. Unless modified or terminated by the council, any such commitment shall be binding upon the owner of the property, each subsequent owner, and each other person acquiring an interest in the subject property. C. Modifications: A commitment may be modified only by permission of the council after compliance with the notice and hearing requirements of Idaho Code section , as amended. A commitment may be terminated, and the zoning designation upon which it was based reversed, upon failure of the requirements in the commitment after a reasonable time as determined by the council, or upon failure of the owner or developer, each subsequent owner, or each other person acquiring an interest in the subject property, to comply with the conditions in the commitment, and after the council complies with the notice and hearing provisions of Idaho Code section , as amended. A written commitment shall be deemed written consent to reverse the zoning designation upon the failure of conditions imposed by the commitment in accordance with Idaho Code section A, as amended, and this section. (Ord. 1191, 2015) IV. Standards of Review Criteria for Review When evaluating any proposed amendment under this Article, the Commission shall make Findings of Fact on the following criteria:

73 City of Hailey Lot 14, Block 46 Comprehensive Plan Land Use Map Change and Zone Change Request Hailey PZ Commission January 10, 2017 Page 3 of : CRITERIA FOR REVIEW: A. Criteria Specified: When evaluating any proposed amendment under this chapter, the hearing examiner or commission and council shall make findings of fact on the following criteria: 1. The proposed amendment is in accordance with the comprehensive plan; 2. Essential public facilities and services are available to support the full range of proposed uses without creating excessive additional requirements at public cost for the public facilities and services; 3. The proposed uses are compatible with the surrounding area; and 4. The proposed amendment will promote the public health, safety and general welfare. analysis is shown in lighter type. A.1 The proposed amendment is in accordance with the Comprehensive Plan; The attached Findings of Fact, Conclusions of Law and Decision from the City Council found that the zone change was in accordance with the Comprehensive Plan. The proposed development agreement implements that zone change. The same polices found in Exhibit A of the Council findings are applicable. recommends that the proposed development agreement is in accordance with the Comprehensive plan. A.2 Essential public facilities and services are available to support the full range of proposed uses without creating excessive additional requirements at public cost for the public facilities and services; The attached Findings of Fact, Conclusions of Law and Decision from the City Council found that public facilities and services are available and sufficient to support the full range of uses permitted by the zone change under consideration. The proposed development agreement implements that zone change. Hailey staff has not identified any facilities or services which are not available and which would create excessive additional requirements at public cost. Accordingly, staff recommends that essential public facilities and services are available to support the full range of proposed uses without creating excessive additional requirements at public cost for the public facilities and services. A.3 The proposed uses are compatible with the surrounding area; and As noted in the analysis of the Comprehensive Plan Land Use Map, this site is at the edge of several overlapping land use categories. The subject property is most aligned with the adjacent residential zoning district, and is less aligned with industrial/business uses. The attached Findings of Fact, Conclusions of Law and Decision from the City Council found that the proposed uses are compatible with the surrounding area. The proposed Development Agreement implements the

74 proposed uses, and is therefore compatible with the surrounding area. City of Hailey Lot 14, Block 46 Comprehensive Plan Land Use Map Change and Zone Change Request Hailey PZ Commission January 10, 2017 Page 4 of 4 A.4 The proposed amendment will promote the public health, safety and general welfare. The City and the Wood River Valley have a documented need for community housing, as well as open space. The Comprehensive Plan balances these two goals by calling for both housing and open space projects over time as resources permit and opportunities arise. The recommendation from the Parks and Land Board promotes these goals and the public health, safety and general welfare. The proposed project will meet the public purposes requirement of the 1989 deed which is consistent with promoting the public health, safety and general welfare. The attached Findings of Fact, Conclusions of Law and Decision from the City Council found that the proposed amendment will promote the public health, safety and general welfare. The development agreement implements the zone change. The development agreement promotes public health, safety and welfare. VI. Suggested Motion Approval: Motion to recommend approval of a Development Agreement between the City of Hailey and ARCH Community Housing Trust regarding property located at 3920 Woodside Boulevard (Lot 14, Block 46, Woodside Plat #11) finding the amendments are in accordance with the Comprehensive Plan, that essential public facilities and services are available to support the full range of proposed uses without creating excessive additional requirements at public cost for the public facilities and services, that the proposed uses are compatible with the surrounding area, and that the proposed amendment will promote the public health, safety and general welfare, subject to the conditions established by the City Council in their Findings of Fact, Conclusions of Law and Decision dated March 27, Denial: Motion to recommend deny the application to amend the zone district map for the City of Hailey to change the zoning for a portion of 3920 Woodside Boulevard (Lot 14, Block 46, Woodside Plat #11) from Recreational Green Belt (RGB) to General Residential (GR), finding that [the Commission should cite which standards are not met and provided the reason why each identified standard is not met]. Continuation: Motion to continue the public hearing to [the Commission should specify a date].

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91 ARCHITECTURAL SITE PLAN TND ARCHITECTS PLLC THOMAS N. DABNEY ARCHITECT 9 EAST ELM STREET HAILEY, IDAHO TOM@TNDARCH.COM BUS STOP 229 sq ft 20'-0" PATIO 10X12 RESIDENCE 22X26 GARAGE 22X24 TREE (TYP.) 20'-0" 5'-0" 10'-0" GARAGE 22X24 RESIDENCE 22X26 6' WIDE PATH SPLIT RAIL FENCE W/WIRE MESH PATIO 10X12 20' WIDE DRIVEWAY PATIO 10X12 RESIDENCE 22X26 GARAGE 22X24 TREE (TYP.) GARAGE 22X24 RESIDENCE 22X26 TRAILHEAD EASEMENT 10'-0" PATIO 10X12 N LOT AREA LOT AREA DATA = 20,092 sq.ft. BUILDING FOOTPRINTS = 4,400 sq.ft. (1,100 x 4) DRIVEWAY FOOTPRINT = 4,792 sq.ft. PATIO FOOTPRINTS = 480 sq.ft. (120 x 4) TOTAL FOOTPRINT = 9,672 sq.ft. (48%) MOUNTAIN MEADOW HOMES 3920 WOODSIDE BLVD., HAILEY, IDAHO 4'-0" REVISIONS 10/31/2017 PLAN UPDATES PRINT DATE 10/31/17 DRAWING SCALE 1" = 16'-0" L100

92 DEVELOPMENT AGREEMENT ARCH COUMMUNITY HOUSING TRUST This DEVELOPMENT AGREEMENT ( Agreement ) is entered into this day of, 2017 by and between the CITY OF HAILEY ( City ) and ARCH COMMUNITY HOUSING TRUST, INC.(ARCH) in contemplation of the following: I. RECITALS 1. ARCH is a nonprofit corporation organized under the laws of the State of Idaho in the business of providing affordable housing to low and moderate individuals and households. ARCH intends on developing four (4) units of affordable housing ( Improvements ) on the property described below. 2. The property subject to this Agreement is located at 3920 Woodside Boulevard, Hailey, Idaho and more particularly described as Lot 14, Block 46, Woodside Subdivision No. 11, according to the official plat thereof recorded as Instrument No , records of the County Recorder, Blaine County, Idaho (the Property ). The Property has been rezoned from Recreational Green Belt (RGB) to General Residential (GR) and is subject to City s Land Use Ordinances and Zoning Regulations; 3. The City s Planning and Zoning Commission and City Council have held the required public hearings, accompanied with proper notice, with respect to the rezone of the property; 4. City approved the Rezone Application on March 27, 2017, and adopted Findings of Fact and Conclusions of Law on May 15, 2017; 5. In order to ensure that the housing community is constructed consistent with City s applicable ordinances and regulations, the City and ARCH deem it in their mutual interest to enter into an agreement with regard to the manner and timing of construction, construction and landscaping of the Property and other factors affecting the general health, safety and welfare of the citizens of City and users of the Property; 6. The Property shall be developed in accordance with City s Comprehensive Plan, Zoning Ordinances, City s Standards and other applicable City ordinances and the terms and conditions of this Agreement; 7. City and ARCH desire that construction of the Improvements proceed as approved by City s City Council as set forth in the Findings of Fact and Conclusions of Law adopted by the City Council; 8. The proposed ARCH housing is consistent with the housing and other sections of City s Comprehensive Plan DEVELOPMENT AGREEMENT - 1 2/18/ :19 AM

93 NOW, THEREFORE, IN CONSIDERATION of the above recitals which are incorporated below, and of the mutual covenants and agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: II. AGREEMENT A. Description and Location of Property. The Property is approximately acres, zoned General Residential ( GR ) and has been approved by the City for the purposes of this Agreement for development of 4 units of affordable housing on approximately ½ of the Property leaving the balance of the Property available for public open space including access to the Toe of the Hill trail access easement. B. Construction of Improvements. ARCH agrees to construct the Improvements and a public trail head access in accordance with this Agreement, and the approved plans which will be submitted to the City for design review and in accordance with the general site plan which is attached as Exhibit A. The Improvements include 4 units of community housing and each unit will have 3 bedrooms and garages for 2 standard cars. ARCH will also construct the public trail head access in consultation with the City and in a manner which is consistent with trail head access throughout the City. C. Development Approval. The PUD approval is granted subject to the following conditions: 1. All Zoning Ordinance, City s Standards and other City ordinances not specifically modified by this Agreement shall remain in full force and effect; 2. All Fire Department and Building Department requirements are to be met; 3. If development is not concluded within 5 years, the property will revert back to the original RGB zoning; 4. The City and ARCH (or an approved affiliate of ARCH) shall execute a formal written lease agreement for the portion of the Property developed by ARCH (the ARCH Property ) acceptable to both parties; and 5. ARCH shall obtain City of Hailey design review approval on all improvements as required under City Ordinance. III. GENERAL REQUIREMENTS A. Property Maintenance. ARCH (or an affiliate of ARCH) shall be responsible, at its sole expense, so long as the ARCH Property continues to be used by the ARCH (or an DEVELOPMENT AGREEMENT - 2 2/18/ :19 AM

94 affiliate of ARCH) for housing purposes, for all maintenance of the ARCH Property common area, including maintaining all landscaping, irrigation systems, parking and drainage systems. B. Police Powers. Except as otherwise provided, nothing contained herein is intended to limit the police powers of City. Except as provided herein, this Agreement shall not be construed to modify or waive any law, ordinance, rule, or regulations, including, without limitation, applicable building codes, fire codes, and City s Zoning Ordinance. C. Specific Performance. In addition to all other remedies at law or in equity, this Agreement shall be enforceable by specific performance by either party hereto. All remedies shall be cumulative. D. Dispute Resolution. 1. Mediation. Any controversy or claim arising out of or relating to this Agreement or breach thereof, shall first be submitted to mediation in accordance with the American Arbitration Association Commercial Mediation Rules. Mediation shall be held in Blaine County. This Agreement to mediate and any other agreement or consent to mediate entered into in accordance with this Agreement shall be specifically enforceable under the prevailing law of Idaho. Each party shall bear its own costs and the parties shall split equally the cost and expenses of the mediator. 2. Arbitration. In the event mediation proves unsuccessful, all controversies or claims arising out of, or relating to, this Agreement or the breach thereof mayl be decided by litigation in Blaine County. E. Relationship of Parties. It is understood that the contractual relationship between City and ARCH is such that neither party is the agent, partner, or joint venture of the other party. F. Successor and Assigns; Covenant Running With the Land. This Agreement shall inure to the benefit of City and ARCH and their respective heirs, successors and assigns. This Agreement, including all covenants, terms, and conditions set forth herein, shall be and is hereby declared a covenant running with the land with regard to the Property or any portion thereof, and is binding on both parties to this Agreement as well as their respective heirs, successors and assigns. G. No Waiver. In the event that City or ARCH, or its successors or assigns, do not strictly comply with any of the obligations and duties set forth herein, thereby causing a default under this Agreement, any forbearance of any kind that may be granted or allowed by ARCH, or its successors in interest, or City, to the other party under this Agreement shall not in any manner be deemed or construed as waiving or surrendering any of the conditions or covenants of this Agreement with regard to any subsequent default or breach. DEVELOPMENT AGREEMENT - 3 2/18/ :19 AM

95 H. Partial Invalidity. In the event any portion of this Agreement shall be determined by any court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions of this Agreement, or parts hereof, shall remain in full force and effect and shall in no way be affected, impaired or invalidated, it being understood that such remaining provisions shall be construed in a manner most closely approximating the intention of the parties with respect to the invalid, void, or unenforceable provision or part hereof. I. Entire Agreement. This Agreement constitutes the full and complete agreement and understanding between the parties hereto. No representations or covenants made by either party shall be binding unless contained in this Agreement or subsequent written amendments hereto. J. No Third Party Beneficiaries. This Agreement is not intended, nor shall it be deemed or construed, to create or confer any rights upon third parties. K. Authority. Each of the persons executing this Agreement represents that they have lawful authority and authorization to execute this Agreement, as well as any other documents required hereunder, for and on behalf of the entity executing this Agreement. L. Default. In the event either City or ARCH, its successors and assigns, fail to faithfully comply with all the terms and conditions included in this Agreement it shall be in breach of this Agreement. M. Notices. Any and all notices, demands, requests, and other communications required to be given hereunder by either of the parties hereto shall be in writing and be deemed properly served or delivered, if delivered by hand to the party to whose attention it is directed, or when sent, two (2) days after deposit in the U.S. mail, postage prepaid, or upon the sending of a facsimile, followed by a copy sent by U.S. mail as provided herein, addressed as follows: To City: The City of Hailey c/o Director, Community Development Department 115 Main Street South, Suite H Hailey, Idaho / (telephone) 208/ (facsimile) To ARCH: ARCH Community Housing Trust, Inc. Executive Director P. O. Box 1272 Ketchum, Idaho / (telephone) DEVELOPMENT AGREEMENT - 4 2/18/ :19 AM

96 208/ (facsimile) or at such other address, or facsimile number, or to such other party which any party entitled to receive notice hereunder designates to the other in writing as provided above. N. Time is of the Essence. The parties hereto acknowledge and agree that 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 shall constitute a breach of and a default under this Agreement by the party so failing to perform. IN WITNESS WHEREOF, the parties, having been duly authorized, have hereunto caused this Agreement to be executed, on the day and year first above written, the same being done after public hearing, notice and statutory requirements having been fulfilled. Dated this day of, CITY OF HAILEY, an Idaho municipal corporation ATTEST: By: Fritz Haemmerle, Mayor By: Mary Cone, Clerk ARCH COMMUNITY HOUSING TRUST, INC., By: Michelle Griffith, Executive Director DEVELOPMENT AGREEMENT - 5 2/18/ :19 AM

97 STATE OF IDAHO ) : ss. County of Blaine ) On this day of October, 2017, before me the undersigned Notary Public in and for said State, personally appeared FRITZ X. HAEMMERLE, known or identified to me to be the Mayor of Hailey and the person whose name is subscribed to the within instrument, and acknowledged that he executed the same on behalf of the City of Hailey. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this certificate first above written. Notary Public for Idaho Residing at : My commission expires: STATE OF IDAHO ) ) ss. County of Blaine ) On this day of October, 2017, before me the undersigned Notary Public in and for said State, personally appeared MICHELLE GRIFFITH, the Executive Director of the ARCH Community Housing Trust, Inc., known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at : My commission expires: DEVELOPMENT AGREEMENT - 6 2/18/ :19 AM

98 GROUND LEASE THIS GROUND LEASE is dated as of the day of October, 2017, between CITY OF HAILEY, a municipality and political subdivision of the state of Idaho, ("Landlord") and ARCH Community Housing Trust, an Idaho non-profit corporation ("Tenant.") 1. Property, Term and Use. (a) Upon and subject to the terms, covenants and conditions set forth herein, Landlord hereby leases to Tenant and Tenant hereby rents from Landlord the property located at 3920 Woodside Boulevard, Hailey, Idaho and more particularly described as Lot 14, Block 46, Woodside Subdivision No. 11, according to the official plat thereof recorded as Instrument No., records of the County Recorder, Blaine County, Idaho (the "Premises"). The term of this lease commences at noon on January 1, 2018, (the "Commencement Date") and ends at noon on December 31, 2117, unless terminated as herein set forth; provided, however, that Tenant shall have no obligation to pay rent, taxes, charges, for insurance, utilities, maintenance for similar items, or any other costs of expenses with respect to the Premises, until the date (the "Effective Date") upon which Tenant commences construction of the Improvements. (b) Tenant shall construct four units of housing and all units shall be leased to households who earn 80% or less of area median income as calculated by HUD and shall operate the units in accordance with the rules and regulations of the HOME program. Should ARCH Community Housing Trust cease to exist, the property will be owned and managed by the Blaine County Housing Authority, or another not for profit housing development entity. 2. Rent. Tenant shall pay to Landlord at such place as Landlord may hereafter designate in writing, fixed annual rents of One and 00/100 ($1.00) Dollar per year, without any setoff or deduction whatever and without prior demand. 3. Charges. (a) Utilities, Tenant shall ensure that all charges for gas, electricity, water, sewer, telephone and other services furnished to the Premises or the occupants thereof during the term of this Lease shall be paid promptly. (b) Permits. Subject to Tenant's right to contest set forth in Section 9(d) hereof, Tenant shall, at Tenant's own cost and expense, procure every permit, license, certificate or other authorization required in connection with the lawful and proper use of the Premises or required in connection with any building or improvements hereafter erected on the Premises 4. (Reserved). 5. Insurance. (a) During the term of this Lease, following the Effective Date, the Tenant will, at its sole cost and expense, keep and maintain in force policies of insurance on the Improvements and all related equipment and facilities, and replacement thereof, in an amount sufficient to pay the replacement cost of the Improvements. Such policies shall insure against such insurable hazards as are commonly insured against in the case of Premises similarly situated, taking into account the -1-

99 height and type of the Improvements and other buildings and structures on the Premises (including any replacements or substitutions), and their construction, location, use and occupancy. (b) If Tenant fails to maintain coverage required by this Section 5, Landlord, in addition to other available remedies, may at its election (but shall not be obligated to), after 10 days' written notice to Tenant, procure such coverage as may be necessary to comply with this Section 5, with the cost payable to Landlord on demand, with interest at the rate described in Section Construction and Alteration. (a) Acceptance of Premises. Tenant accepts the Premises in its present condition and will not call on Landlord for any repairs, improvements or alterations thereto. (b) Construction of Improvements. From time to time and at any time, Tenant shall have the right, at its sole cost and expense, to construct improvements on the Premises (the "Improvements"), subject, however, to satisfaction of all of the following conditions: (i) In addition to obtaining permits, licenses, certificates and approvals described described in Section 3(b), Tenant shall submit to Landlord for approval comprehensive plans and specifications for the construction of the Improvements (the "Construction Plans " ). Landlord shall not unreasonably withhold or delay its approval of the Construction Plans. (ii) Notwithstanding that Landlord has approved the Construction Plans, in the event (a) Tenant makes any substantial modification to the Construction Plans or (b) Tenant makes any substantial modification to the Improvements at any time after construction of the Improvements, Tenant shall submit modified plans to Landlord for Landlord's approval in accordance with the procedures and approval standards set forth in subsection (i) above. For the purposes of this Lease, the term "substantial modification" shall mean any expansion of the building envelope or any work involving estimated costs of $25,000 or more. (c) Workmanship. All construction, remodeling and alterations shall he made in a good and workmanlike manner and in full compliance with all building laws and ordinances applicable thereto. (d) Mechanics' Liens. If, because of any act or omission of Tenant, any mechanics' or other lien or order for the payment of money shall be recorded against the Premises or the Improvements, or against Landlord (whether or not such lien or order is valid or enforceable as such), Tenant shall, at Tenant's own cost and expense, cause the same to be cancelled and discharged of record within 90 days after Tenant's receipt of notice of such lien, insured against by an insurance company reasonably acceptable to Landlord or bonded by a surety company reasonably acceptable to Landlord in the event Tenant elects to contest the validity thereof, and Tenant shall have the right at its own expense to contest all such liens and orders. Tenant shall indemnify and save harmless Landlord from and against any and all costs, expenses, claims, losses or damages, including reasonable attorneys' fees, resulting therefrom. (e) Ownership of Alterations and Improvements. All improvements, alterations and additions placed upon the Premises by Tenant or any subtenant or other occupant which are not affixed to the Property, are and shall be the property of Tenant and Tenant shall be the absolute owner of such alterations, additions and improvements during the term hereof. All improvements affixed to the Property in existence at the Premises at the expiration or earlier termination of this Lease shall be the property of Landlord. -2-

100 7. Repairs. Tenant, at its own expense, shall keep the entire Premises and the Improvements (including without limitation, the roof, walls, foundations and appurtenances, water sewer and gas connections, pipes and mains, elevators, heating, cooling, lighting and electrical distribution systems and all other fixtures, machinery and equipment forming part of the Premises and the Improvements) in constant good order, condition and repair (both inside and outside), whether the necessity of such repairs may arise from wear, tear, casualty or any other cause, suffering no waste or injury. To that end Tenant shall timely make or cause to be made all needed repairs, replacements (including replacements to fixtures, furnishings and equipment) and renewals, ordinary and extraordinary, structural or otherwise. Tenant shall, at its own expense, keep parking areas, sidewalks and curbs on the premises, and the sidewalks and curbs adjoining the premises, free of snow and ice and in a good state of repair. 8. End of Term. (a) Surrender by Tenant. On the last day of the term or on the earlier termination of this Lease, Tenant shall peaceably and quietly leave, surrender and deliver up to Landlord the Premises, broom-clean, together with all buildings and all alterations, changes, additions and improvements which may have been made upon the Premises (except for personal property removable by Tenant and subtenants) in the condition in which Tenant is required to maintain the same pursuant to Section 7. (b) Removal of Personal Property. Tenant shall, by the date referred to in subsection 8(a), above, remove from the Premises all personal property and trade fixtures belonging to Tenant, repairing all damage caused in such removal and restoring the Premises to their condition prior to the installation of any such property. All Tenant's property not so removed shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by landlord without notice to Tenant or any other person and without obligation to account therefor, but subtenants, in the event of the termination of this Lease may for 30 days thereafter remove their property in accordance with the terms of their subleases. Subleases at the option of the Landlord, may be extended beyond the 30-day period. 9. Use, etc. (a) Low Income Housing Purpose. Tenants shall use the Premises only for the operation of low income housing (as more particularly described in Section 17(a)(ii) hereof) and for purposes incidental and related thereto. (b) Compliance with Law. Tenant shall, at the Tenant's own costs and expense, timely comply with all present and future laws, rules, requirements, orders, directions, ordinances and regulations of the United States of America or of the State, county and city governments, or of any other municipal, governmental or lawful authority whatsoever, affecting the Premises or appurtenances or any part thereof, and of all their departments, bureaus or officials (collectively, "Requirements of Law"), whether such requirements may relate to: (i) structural or other alterations, changes, additions, improvements; or (ii) repairs, inside or outside, extraordinary or ordinary; or (iii) the manner in which the Premises maybe used or occupied; or (iv) to any other matter affecting the Premises, whether like or unlike the foregoing. If Tenant is required by the Requirement of Law to make any alterations, changes, additions, improvements or repairs or to change the manner in which the Premises may be used or occupied, Landlord hereby consents to such change to the extent required by the Requirement of Law -3-

101 (c) No Violations. Tenant shall upon the discovery of any violation of a Requirement of Law which might subject Landlord to liability or forfeiture of any interest, take all necessary steps, legal and equitable, to compel the discontinuance thereof and to oust and remove any subtenants, occupants or other persons guilty of such use. Tenant shall indemnify and save harmless Landlord from and against any and all liabilities and penalties incurred by reason of any violation of this section. Tenant shall pay all costs and expenses, including reasonable attorneys fees, that may in any manner arise out of the failure of Tenant to comply with the provisions of this Section 9. As used in this section, the work "Premises shall include any building thereon, the streets, sidewalks, alleys and curbs adjacent thereto, and all vaults, passageways, rights of way and appurtenances of the Premises. (d) Contest of Requirements. Tenant may contest in good faith, by appropriate proceedings conducted promptly at its own expense, in its name, or (whatever necessary) in Landlord's name, the validity or enforcement of any Requirement of Law and may defer compliance therewith provided that (i) such non-compliance shall not constitute a crime or misdemeanor on the part of the Landlord, (ii) Tenant shall diligently prosecute such contest to final determination by the court, department or governmental authority or body having final jurisdiction, and (iii) if so required by Landlord and if the amount in dispute is in excess of $50,000 Tenant shall furnish to Landlord a surety bond issued by a bonding company approved by Landlord (such approval not to be unreasonably withheld or delayed), or other security reasonably satisfactory to Landlord, in an amount equal to the cost of such compliance as estimated by Landlord, indemnifying Landlord against the cost thereof and all liability in connection therewith. Landlord agrees to cooperate reasonably with Tenant, and to execute all documents and pleadings required for the purpose of such contest, provided Tenant shall discharge any expense or liability of the Landlord in connection therewith. 10. Damage or Destruction. (a) Restoration by Tenant. In case of damage to or destruction of the Premises, the Improvements located thereon, or any part thereof, by any cause whatsoever, Tenant shall give Landlord prompt notice of such occurrence. In such event, the leasehold mortgagee shall, as indicated by written notice to Tenant and Landlord within 60 days after such damage or destruction, make any and all insurance proceeds available to Tenant so that Tenant may repair or rebuild the Improvements so as to make them at least as valuable as immediately before such occurrence. (b) Termination Remedy. If the work of repairing, replacing or rebuilding the Improvements shall not have been commenced within 180 days from the date of any such loss, damages or destruction or if such work shall not after commencement be diligently carried out, Landlord shall have the right to terminate this Lease and the term hereof by giving to Tenant Notice of such intention. If upon the expiration of the date fixed in such notice, such work shall not have been commenced and the other conditions hereof complied with, or if after commencement such work shall not have been diligently prosecuted, this Lease and the term hereby granted shall at the option of the Landlord wholly cease and expire. If Landlord fails to exercise its option to cancel this Lease as provided in subsections (a) and (b) of this Section 10 within six months after the event of damage of destruction, Tenant shall have the right to terminate this Lease by giving Landlord written notice to such effect. In the event of any termination provided for in this Section 10, the insurance proceeds received and recoverable under all policies of insurance shall be paid over to and be retained by Tenant and Landlord, or to any mortgagee (including any Affiliate of Tenant) to whom the same may be payable, as their interests may appear. For this purpose, any proceeds not payable to any mortgagee shall be apportioned between Tenant and Landlord based upon the -4-

102 relative values of Tenant's right to use the Improvements over the remaining Lease term, and Landlord's right to the Improvements upon termination of the Lease. 11. Condemnation. (a) Total Taking. If the entire Premises or Improvements shall be taken for any public or quasi-public use, under any statute, by right of eminent domain, or by purchase by public authority in lieu thereof, then in that event, this Lease and the term hereby granted shall cease and expire as of the date upon which title shall vest in the condemning authority and all rents, taxes, insurance premiums and other charges shall be prorated and paid to the date of such termination. Each party shall be free to prove by judicial proceedings and to obtain and retain the rights of mortgagees in the condemnation proceedings. It is specifically agreed that Tenant's interest consists of all improvements fixtures and personal property on the Premises, its leasehold interest in the Premises and its business operations on the Premises; Landlord's interest consists of its reversionary interest in the Premises and its right to receive income from the Premises as provided in Section 2 above. (b) Partial Taking. If less than the entire Premises or Improvements shall be taken for any public or quasi-public use, under any statute, by right of eminent domain, or by purchase by public authority in lien thereof, and as a result, it is impractical for Tenant to conduct its business, then, Tenant shall have the option to terminate this Lease upon written notice to Landlord. If this Lease shall not be so terminated, this Lease shall remain unaffected except that within a reasonable time after such taking Tenant shall restore that part of the Premises and the Improvements not so taken to a complete architectural unit of a unit and kind approved by Landlord, which approval shall not be unreasonably withheld or delayed. Subject to the rights of mortgagees in the condemnation proceedings, all condemnation awards on account of Landlord shall be paid to Landlord and all awards on account to Tenant's interest shall be paid to Tenant to be applied by Tenant to the cost of restoring the Improvements to a complete architectural unit as set forth above, as if the damages were caused by fire and such award consisted of insurance proceeds. The division of the award for partial taking between Landlord and Tenant (subject to the rights of mortgagees, if any) shall be made by agreement of Landlord and Tenant, if possible, or if the parties hereto cannot agree, then by arbitration between Landlord and Tenant, taking into account ( i) the value of Landlord's interest in the Premises affected by such taking and under this Lease, and (ii) the value of Tenant's interest therein under the Lease at the rent reserved and subject to all the terms and provisions of this Lease. (c) Temporary Taking. If less than a fee title to all or any portion of the Premises shall be so taken for temporary use or occupancy, the foregoing provisions of this section shall be inapplicable to such taking. This Lease shall continue in full force and effect without reduction or abatement of rent and tenant shall be entitled to make claim for, recover and retain so long as it shall not be in default hereunder any awards in the form of rent recoverable in respect to such taking, except that if such taking shall be for a period extending beyond the expiration of the term of this Lease, Landlord shall be entitled to receive such portion of the award as shall be attributable to the portion of such period occurring after such expiration. 12. Indemnity. Tenant agrees to indemnify, defend, save, hold and keep Landlord harmless from any loss, cost, expense or liability whatsoever, including reasonable attorneys' fees on or for, or in connection with the defense or investigation of, any and all claims for damages suffered or sustained by any person or person or for injury to or death of any person or persons arising or asserted to have arisen as a result of or incident to the Premises or the performance by Tenant of its obligations hereunder, including without limitation the construction, erection, maintenance, operation, use or occupancy of the Improvements throughout the term of this Lease, except that -5-

103 Tenant shall not be obligated to indemnify or hold Landlord harmless for any loss, expense or liability caused by Landlord's willful misconduct or negligence or any such misconduct or negligence by any affiliate, agent or employee acting by, through or under the direction of Landlord. 13. Transfers. (a) Assignment and Subletting. (i) With Landlord's approval, which approval shall not be unreasonably withheld or delayed, Tenant may assign, sublet or transfer this Lease, in whole or in part, to (a) any Affiliate of Tenant (an Affiliate of Tenant shall mean any organization or corporation directly affiliated with Tenant or the organizations that control Tenant) or any limited partnership in which an Affiliate or Tenant is a general partner. (ii) Any purchaser of the leasehold estate through foreclosure or deed in lieu of foreclosure, and any third party acquiring the leasehold estate through such purchaser shall be subject to the terms of this Section 13. (b) Mortgages. (i) On the Leasehold Interest. With the approval of Landlord, which approval shall not be unreasonably withheld or delayed, Tenant may at any time and from time to time mortgage its interest in the leasehold estate created hereby and in the Improvements by mortgage or deed of trust; so long as the term of any such mortgage or deed of trust shall not extend beyond the Termination Date. (A) Landlord agrees at any time and from time to time, when requested by Tenant, to enter into reasonable agreements for the benefit of lenders as may be necessary to enable Tenant to obtain financing for the Improvements, provided that such agreements do not in any manner materially adversely affect Landlord's interest in the Premises or place the Landlord in a position of liability with the Lender. (B)The execution of a leasehold mortgage shall not constitute the mortgagee as an assignee for the purpose of this Lease or any liability hereunder. (C) Any such mortgage or deed of trust shall grant to the Landlord the right to cure any default by Tenant. (ii) Landlord s Interest. Landlord shall have the right to freely mortgage its interest in the Premises provided that Landlord gives notice of its intent to make such an encumbrance to Tenant and provided any such mortgage shall in no way impair the rights of the Tenant under this Section 13, and provided that any such mortgage shall be expressly subject and subordinate to this Lease and the prior lien of any leasehold mortgage. Landlord shall not transfer or otherwise dispose of the property without Tenant's consent. (iii) Payment of Mortgages. Tenant covenants to and agrees with Landlord that all sums which fall due under any note secured by any mortgage on Tenant's interest in the Premises will be paid as and when due, and that Tenant, as borrower, will comply with all its obligations under the mortgage and the related loan documents. Tenant, on a monthly basis, shall, upon written request of Landlord, provide Landlord -6-

104 evidence, in form and substance reasonably satisfactory to Landlord, that such payments have been made. (iv) Estoppel Certificate. Landlord agrees at any time and from time to time when requested by Tenant, or the holder of any mortgage or deed of trust, to execute, acknowledge and deliver to Tenant or the holder of such instrument within 45 days after receipt of such written request, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that there are no defaults hereunder by Tenant, if such is the fact; and otherwise specifying such defaults in detail; and the dates to which the rent and other charges have been paid, it being intended that any such statement delivered pursuant to this section may be relied upon by the holder of any such mortgage, deed of trust, or other instrument of security or any prospective purchaser of Tenant's leasehold estate. Landlord agrees to use its best efforts to provide such statement in a shorter period of time then requested by Tenant or any other interest holder. (c) Mortgagee's Protection Clause. i) Each party agrees to send any mortgagee or holder of deed of trust, by registered or certified mail, return receipt requested, a copy of any notice of default under this Lease served upon the other party simultaneously with such notice and upon prior written notice of any modification, amendment or termination of this Lease, provided that prior to such notice such party has been notified, in writing, of the address of such mortgagees or holders of deeds of trust. Each party further agrees that if the other party shall have failed to cure such default within the time provided for in the Lease, then the mortgagee or holders of deeds of trust shall have an additional 30 days within which to (a) cure such default or if such default cannot be cured within that time, then in such additional time as may be necessary if within such 30 days any mortgagee or holder of a deed of trust has commenced and is diligently pursuing the remedies necessary to cure such default (including, but not limited to, commencement of foreclosure proceedings, if necessary to effect such cure) in which event this Lease shall not be terminated while such remedies are being so diligently pursued, or (b) if this Lease is terminated due to a default by Tenant hereunder, give Landlord written notice of its intention to enter into a lease with Landlord as described below. If this Lease is terminated due to a default by Tenant hereunder and Landlord receives timely notice of the intention of a mortgagee or holder of a deed of trust to enter into a lease with Landlord, Landlord shall enter into a lease on the same terms and conditions as this Lease with any such mortgagee or holder of a deed of trust or any partner thereof covering the Premises, if such mortgagee or holder of a deed of trust so desires, on the condition that the mortgagee or holder of a deed of trust pay to the Landlord the monetary obligations of Tenant due hereunder up to and including the date such lease commences and that such mortgagee or holder of a deed of trust agrees to use the Premises for the purposes set forth in Section 9 hereof. (ii) Landlord shall accord to persons who are limited partners or members of Tenant the same rights granted to mortgagees and holders of deeds of trust under this Section 13(c), and any performance by such limited partner(s) or member(s) of Tenant shall be considered performance by the Tenant hereunder. 14. Inspection, Etc. Tenant shall permit Landlord or Landlord's agents to enter the Premises at all reasonable times upon 5 days written notice to Tenant for the purpose: (i) of inspecting the same; (ii) of performing obligations of Tenant hereunder which Tenant may neglect or refuse to perform; and (iii) for the purpose of showing the Premises to persons wishing to purchase Landlord's interest therein. If, at reasonable times, admission to the Premises for such purposes cannot be obtained, or if at any time an entry shall be deemed necessary for the protection -7-

105 of the Premises, Landlord, or Landlord's agents or representative may enter the Premises by force or otherwise, without rendering Landlord, or Landlord's agents or representatives, liable to any claim or cause of action for damages by reason thereof, except for damages resulting from Landlord's negligence or willful misconduct or the negligence or misconduct of Landlord's agents or representatives. The provisions contained in this section shall not increase Landlord's obligations under this Lease, and the right and authority hereby reserved does not impose upon Landlord any responsibility for the repair, care or supervision of the Premises, or any building, equipment or appurtenance thereto. 15. No Abatement. Except as otherwise specifically provided herein, there shall be no abatement or reduction of any rent payable by Tenant for any reason, including, but without limiting the generality of the foregoing: (a) by reason of any damage or destruction of the Premises whether caused by an insured or uninsured peril, condemnation or other matters like or unlike the foregoing, or during any period of restoration, or (b) by reason of diminution of the amount of usable space caused by legally required changes in the construction, equipment, operation or use of the Premises. 16. Quiet Enjoyment. Landlord covenants that, if and so long as tenant pays the rent and other charges reserved by this Lease and performs all the obligations of Tenant hereunder, Tenant shall quietly enjoy the Premises, subject, however, to the terms of this Lease. 17. Events of Default; Remedies. (a) If any one or more of the following events ("Events of Default") shall occur, and after Notice by Landlord has been given as provided below, Landlord shall have, at its election, the remedies stated in paragraphs l7 (b), (c), (d), (e) and (f). (i) If Tenant shall fail to pay any rent or other sum payable hereunder by Tenant to Landlord within 10 days after written notice from Landlord that the same shall have become due and payable; or (ii) If Tenant shall fail to use the Premises to provide low income housing without the consent of Landlord as set forth herein. This requirement shall be satisfied if (a) 100% of the units are rented to families or person with incomes of 80% or less of the area median gross income ("AMGI") established by the United States Department of Housing and Urban Development ("HUD"). Notwithstanding the foregoing, it shall not be an Event of Default hereunder if Tenant is unable, after reasonable effort, to lease units to tenants meeting the applicable income guidelines and thereafter leases such units to others. In no event shall Tenant be required to force a subtenant to move out of a unit if that subtenant's income increases above permitted levels, provided, however, that the next vacancy shall be filled by a subtenant meeting the applicable requirement; or mean (iii) If Tenant shall fail to perform or comply with any other term hereof and such failure shall continue for more than 60 days after Notice thereof from Landlord, provided that such 60 day period shall be extended for up to one year so long as Tenant is diligently proceeding to cure such failure and is making reasonable progress toward that end; or (iv) If any execution or attachment shall be issued whereby any of the Premises shall be taken or attempted to be taken by someone claiming through or under the Tenant, and the same shall not be vacated or bonded within 90 days after the issuance thereof; or -8-

106 (v) If Tenant shall become unable to pay its debts as they fall due, or shall make a general assignment for the benefit of creditors, or shall be adjudicated bankrupt or insolvent, or shall file any petition or answer seeking, consenting to, or acquiescing in reorganization, arrangement, adjustment, composition, liquidation, dissolution or similar relief, under any present or future statute, law or regulation or shall file an answer admitting or shall fail to deny the material allegations of a petition against it for any such relief; or (vi) If any proceeding against Tenant of the type referred to in subsection 17(a)(v) above, seeking any such relief shall not have been dismissed within 90 days after the commencement thereof; or (vii) If a trustee, receiver or liquidator of tenant or of any substantial part of its properties or assets shall be appointed with the consent or acquiescence of Tenant, or if any such appointment if not so consented to or acquiesced in, shall remain unvacated or unstayed for an aggregate of 90 days (whether or not consecutive); then and in any such event Landlord at any time thereafter, while such Event of Default shall continue, may give a written termination notice to Tenant, and upon the date specified in such notice (subject to the provision of this section relating to the survival of Tenant's obligations) the term of this Lease shall expire and terminate by limitation and all rights of Tenant under this Lease shall cease. Tenant shall pay, as additional rent, all reasonable costs and expenses incurred by or on behalf of Landlord, including, without limitation, reasonable attorneys' fees and expenses, occasioned by any default or Event of Default by Tenant under this Lease. (b) Repossession, etc. If an Event of Default shall have occurred, Landlord shall give Notice thereof to Tenant and to an Investor Limited Partner or Member (as later identified by Tenant), its affiliates, successors and/or assigns. If the event of Default is not cured within 90 days of such Notice, Landlord, whether or not the term of this Lease shall have been terminated, may, to the extent permitted by applicable law, enter upon and repossess the Premises or any part thereof by force, summary proceedings, ejectment or otherwise, and may remove Tenant and all other persons and any and all property therefrom. Landlord shall be under not liability for or by reason of any such entry, repossession or removal. (c) Reletting At any time or from time to time after the repossession of the Premises or any part thereof pursuant to subsection 17(b), whether or not the term of this Lease shall have been terminated pursuant to subsection 17(a), Landlord may (but shall be under no obligation to) relet the Premises or any part thereof for the account of Tenant, in the name of Tenant or Landlord or otherwise, without notice to Tenant, for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the term of this Lease) and on such conditions (which may include concessions or free rent) and for such uses as Landlord, in its reasonable judgment, may determine, and may collect and receive the rents therefor. (d) Termination of Lease Not To Relieve Tenant of Obligations. No expiration or termination of the term of this Lease pursuant to subsection 8(a) or by operation of law or otherwise (except as expressly provided herein), and no repossession of the Premises or any part thereof pursuant to subsection 17(b) or otherwise, shall relieve Tenant. of its liabilities and obligations hereunder, all of which shall survive such expiration, termination or repossession. (e) Current Damages. In the event of any such expiration, termination or repossession, Tenant will pay to Landlord the rent and all other sums required to be paid by Tenant upon to the time of such expiration, termination or repossession, and thereafter Tenant, until the end of what would have been the term of this Lease in the absence of such expiration, termination -9-

107 or repossession, shall pay to Landlord, as liquidated and agreed damages for Tenant's default, (i) the rent and all other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant pursuant to subsection 17 (c), after deducting from such proceeds all of Landlord's reasonable expenses in connection with such reletting, including, without limitation, all reasonable repossession costs, reasonable brokerage commissions, reasonable legal expenses, reasonable attorneys; fees, reasonable employees' expenses, reasonable alteration costs, and reasonable expenses of preparation for such reletting. (f) Right to Receivership. In addition to all other remedies of Landlord hereunder set forth, in the event of the nonpayment by Tenant of the rent reserved herein or of any other sum payable hereunder within the periods of time described herein, or in the event Tenant shall default in the performance of any of its other covenants, agreements or obligations herein contained and the Tenant shall fail to cure any such default in the manner and within the periods of time specified in this section, Landlord shall be entitled to a receiver for the Premises and the Improvements, fixtures and equipment thereon and appurtenances thereto and of the rents, issues and profits thereof as a matter of right, and such receiver may be appointed by any court of competent jurisdiction upon written notice to Tenant, and all rents, issues and profits, income and revenues from the Premises and the Improvements thereon shall be applied by such receiver to the payment of the rent, together with taxes and insurance premiums and expenses of receivership. Upon the curing of all Tenant's defaults the Premises shall be returned to Tenant and the receivership shall terminate. (g) Right to Cure. Investor Limited Partner or Member and the leasehold mortgagee each shall have the right to cure any Event of Default, and Landlord shall not terminate this Lease for Tenant's default unless and until Landlord has given Investor Limited Partner or Member and the leasehold mortgagee Notice of such Event of Default and 30 days in addition to any applicable cure period given to Tenant in which to cure it. If any Event of Default cannot reasonably be cured within 30 days, then Investor Limited Partner or Member and/or the leasehold mortgagee shall have such additional time as it shall reasonably require, so long as Investor Limited Partner or the leasehold mortgagee is proceeding with reasonable diligence and so long as such additional time to cure does not exceed a maximum of an additional 60 days beyond the initial 30-day cure period. Notwithstanding anything to the contrary contained herein, for any Event of Default that cannot be cured without possession of the Premises, Landlord shall allow such additional time as Investor Limited Partner and/or the leasehold mortgagee shall reasonably require to prosecute and complete a foreclosure or equivalent proceeding and obtain such possession, including time to obtain relief from a bankruptcy stay in Tenant's bankruptcy. 18. Landlord's Representations. (a) Title. Landlord represents and warrants that as of the Commencement Date, Landlord has good and marketable title to the Premises. (b) Environmental Indemnity. If Tenant becomes liable under any statute, regulation, ordinance or other provision of federal, state, or local law pertaining to the protection of the environment or otherwise pertaining to public health or employee health and safety, including, without limitation, protection from hazardous waste, lead-base paint, asbestos, methane gas, urea formaldehyde insulation, oil, toxic substance, underground storage tanks, polychlorinated biphenyls (PCBs), and radon, the Tenant is required to discharge such costs, expenses, damages, or liabilities in whole or in part from any source. The foregoing indemnification shall survive the dissolution of the Tenant and any transfer of the Premises. -10-

108 19. Acts of God, Etc. In any case where either party is required to perform any work hereunder, delays caused by war, strike, riot, acts of God, shortages of material or labor, governmental regulation, or other causes beyond such party's reasonable control shall not be counted in determining the time during which such work shall be completed. In any case where work shall be paid for out of insurance proceeds or condemnation awards, due allowance shall be made, both to the party required to perform such work and to the party required to make such payment, for delays in the collection of such proceeds and awards. 20. Interest Upon Arrears or Upon Default. Every installment of rent accruing under this Lease and all other sums becoming due or payable to Landlord under this Lease or on account of any default by Tenant in performance or observance of any of the covenants of this Lease, shall, if it is not paid within 10 days after written notice from Landlord that the same is due and payable, bear interest from said date until the same shall be paid at one percent per year above the prime rate for commercial loans then being made by the largest bank in Idaho as ascertained by the Idaho Department of Finance, however, in no event shall such amount bear interest at a rate higher than the maximum rate of interest allowed by law, All sums so advanced or paid by Landlord under the provisions of this Lease shall become due and payable with the installment of rent next becoming due after the date of such advance or payment. to Tenant that: 21. Landlord's Representations and Warranties. Landlord hereby represents and warrants (a) Landlord owns fee simple title to the Premises, free and clear of all liens, charges, encumbrances, encroachments, easements, restrictions, leases, tenancies, occupancies or agreements and other matters affecting title, except for those matters affecting title which are of record. The Premises are in compliance with all easements, restrictions, and other matters affecting title as of the date hereof. (b) Landlord has full right, power and authority to make, execute, deliver and perform its obligations under this Lease. Landlord has obtained and received all required and necessary consents and approvals to enter into this Lease with Tenant. The entry by Landlord into this Lease with Tenant and the performance of all the terms, provisions and conditions contained herein does not and will not violate or cause a breach of or default under any agreement or obligation to which Landlord is a party or by which it is bound. (c) There are no tenants, lessees or other occupants of the Premises having any right or claim to possession or use of the Premises or a claimed preference for occupancy in the Premises. (d) There are no unpaid special assessments of which Landlord has received notice, or of which Landlord is otherwise aware, for sewer, sidewalk, water, paving, gas electrical or utility improvements or other capital expenditure, matured or unmatured, affecting the Premises. (e) Landlord is not obligated under any contract, lease or agreement, oral or written, with respect to ownership, use, operation, management, maintenance, lease, sale or financing of the Premises except as previously disclosed to Tenant. (f) No representation, statement or warranty by Landlord contained in this Lease or in any exhibit attached hereto contains any untrue statement or omits a material fact necessary to make -11-

109 the statement of fact therein recited not misleading. (g) There is no action, suit, litigation or proceeding pending or, to Landlord's knowledge, threatened against Landlord and/or the Premises which could prevent or impair Landlord's entry into this Lease and/or performance of its or any of Tenant's obligations hereunder or materially and adversely impact Tenant's rights hereunder. (h) to do so. The person signing the Lease on behalf of Landlord is duly and validly authorized (i) There are no pending condemnation proceedings relating to any portion of the Premises, and Landlord has received no notices of the institution or the proposed institution of condemnation proceedings relating to any portion of the Premises or of any other proceedings against or any taking of all or any part of the Premises. (j) There are no special assessments assessed or due with respect to pending or completed public improvements. (k) There is no pending or threatened litigation, governmental proceedings, notice of action required to be taken, judgment or cause of action against or related to the Premises and the project, or any portion thereof, or against the Landlord or Landlord's agents with respect to the premises or any portion thereof. 22. Tenant's Representations and Warranties. Tenant hereby warrants and represents to Landlord that: (a) Tenant is lawfully organized as a non-profit corporation under the laws of the State of Idaho and the United States. (b) Tenant has the full right, power and authority to make, execute, deliver and perform this Lease. (c) Tenant's execution and delivery of this Lease has been authorized by all requisite action on the part of the Tenant, and the execution and delivery of the Lease by Tenant and the performance of its obligations hereunder will not violate or contravene any agreement or obligation to which Tenant is a party or by which it is bound. (d) There is no action, suit, litigation or proceeding pending or, to Tenant's knowledge, threatened against Tenant that could prevent or impair Tenant's entry into this Lease and/or performance of its obligations thereunder. do so. (e) The person signing this Lease on behalf of Tenant is duly and validly authorized to 23. Attorneys' Fees. (a) If Landlord or Tenant is made a party to any litigation concerning this Lease, the Premises or the Improvements, solely by reason of any act or omission of the other party (the "Defaulting Party") or the Defaulting Party's authorized representatives, the Defaulting Party shall be liable for the reasonable attorneys' fees and court costs incurred in the litigation by the non- -12-

110 defaulting party. (b) If either party successfully maintains an action against the other arising out of or in connection with this Lease, the successful party shall be entitled to have and receive from the other party reasonable attorneys' fees and court costs. 24. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 25. Short Form. At the request of either party, the parties hereto shall execute and record a short form or memorandum of this Lease to evidence Tenant's interest in the Premises. 26. Business Days, If any amount payable hereunder becomes due on a Saturday, Sunday or a banking holiday, then such amount shall be due and payable on the next business day following such Saturday, Sunday or holiday. 27. Headings. The headings contained in this Lease are for the convenience of reference only and shall not be considered in the construction or interpretation of any provision hereof. 28. Notices ; All notices, demands and communications hereunder shall be in writing, shall be given at least 60 days prior to the event covered by the notice, and shall be served or given either in person or by certified or registered mail, addressed as follows: City of Hailey, Idaho 115 Main Street South, Suite H Hailey, Idaho ARCH Community Housing Trust, Inc. Executive Director P. O. Box 1292 Ketchum, Idaho Any notice given hereunder by mail shall be deemed delivered when received. At the request of the party giving a Notice, the party receiving the Notice shall use its best efforts to reply within less than the 60 days (or other period) otherwise given, and such period may be shortened (but in no event to less than 15 days) if required by the terms of any mortgage loan or other financing arrangement binding upon the Tenant. 29. Consents. In any instance where Landlord's consent is required hereunder, if Landlord shall fail to notify Tenant of Landlord's approval or disapproval of the matter within 30 days after notice to Landlord by Tenant, it shall be concluded that Landlord has consent to such matter. 30. Entire Agreement. This Lease, together with the exhibits attached hereto, contains the entire agreement between the parties with respect to the matters contained herein, and shall not be modified, altered or amended in any manner except (a) by an instrument in writing executed by the parties or their respective successors in interest and (b) with the prior written consent of any leasehold mortgagee. 31. Binding Effect. Except as otherwise provided herein, the terms, covenants and -13-

111 conditions in this Lease and in any exhibits attached hereto shall be binding upon and inure to the benefit of Landlord and Tenant and their respective successors and assigns. 32. No Partnership or Joint Venture. The relationship created hereby between the parties in one of Landlord and Tenant. Nothing contained in this Lease shall create or be construed to create a partnership or joint venture between Landlord and Tenant. 33. Miscellaneous. (a) Opinion Letter. Landlord shall deliver to Tenant on or prior to execution of this Lease, an opinion from Landlord's attorney with respect to Landlord's authority to enter into this Lease and the due execution of the Lease. (b) Tenant's Obligations Conditional. Tenant's obligations hereunder are conditioned upon Tenant receiving an environmental review of the Premises which is reasonably acceptable to Tenant. (c) Governmental Notices. Landlord and Tenant agree to promptly send copies of all notices received from governmental authorities to any leasehold mortgagee. (d) Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Idaho. -14-

112 IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Lease the day and year first above written. ATTEST: CITY OF HAILEY, IDAHO By: Fritz Haemmerle, Mayor ATTEST: ARCH Community Housing Trust By: Michelle Griffith Executive Director

113 STATE OF IDAHO ) : ss. County of Blaine ) On this day of October, 2017, before me the undersigned Notary Public in and for said State, personally appeared FRITZ X. HAEMMERLE, known or identified to me to be the Mayor of Hailey and the person whose name is subscribed to the within instrument, and acknowledged that he executed the same on behalf of the City of Hailey. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this certificate first above written. Notary Public for Idaho Residing at : My commission expires: STATE OF IDAHO ) ) ss. County of Blaine ) On this day of October, 2017, before me the undersigned Notary Public in and for said State, personally appeared Michelle Griffith, the Executive Director of the ARCH Community Housing Trust, Inc., known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at : My commission expires:

114 Return to Agenda

115 STAFF REPORT TO: FROM: RE: Hailey Planning & Zoning Commission Lisa Horowitz, Community Development Director Conditional Use Permit United Parcel Service (UPS) Hailey Package Distribution Facility, New Temporary Storage Container (Lot 1-7, Block 31, Hailey Townsite) HEARING: November 6, 2017 Applicant: Location: Zoning: Note: Judi Younce, UPS 111 South River Street (Lot 1-7, Block 31, Hailey Townsite) Business (B) and Townsite Overlay (TO) analysis is in lighter type Notice Notice for the public hearing on November 6, 2017 was sent to the Idaho Mountain Express on 10/13/2017 and published in the Mountain Express on 10/18/2017. Notices were mailed to the adjoining property owners on 10/18/2016 and the property was posted on 10/30/2017. Application UPS submitted a Conditional Use Permit application for a temporary peak car to be used during the holiday season at the Hailey Distribution Center. According to of the Zoning Ordinance, a Temporary Storage Container requires a Conditional Use Permit in the Business (B) District. The temporary storage container will be 8 wide by 40 long. UPS is considered to be the world s largest package delivery company, delivering 15 million packages per day to 6.1 million customers in 220 countries. The UPS Hailey Distribution Center has been in the current location since 1988, operating out of a 792 square foot modular building. The City approved the primary modular building in the early 1990 s. The facility has remained busy, and in fact has grown busier due to the increase in internet purchases and the closing of the retail UPS facility in Hailey. CUP s for the same temporary use were approved by the Commission in 2015 and The Planning and Zoning Commission approved a Conditional Use Permit application for a temporary peak car to be used during the holiday season at the Hailey Distribution Center on November 9, The Conditions of Approval required that the site and uses be reviewed for compliance within 6 months of the approval date. worked with the applicant to find an available PZ hearing date within the 6-month window, but the review was delayed until August

116 UPS- Conditional Use Permit 111 South River Street (Lots 1-7, Hailey Townsite) Planning and Zoning Commission November 6, 2017 Page 2 of 9 22 due to the busy summer PZ meeting schedule. The Conditions of Approval from the August review were as follows: a) All Fire Department and Building Department requirements shall be met in regard all maintenance, administrative, and other functions of this facility. b) Trucks shall not enter or exit the site within 50 of the street intersection, and no trucks or vehicles should be parked at the northeast corner of the site, nor the City right-of-way in this vicinity to preserve site visibility. c) The applicant shall comply with the UPS Company idling rules and procedures at all times. d) The site and uses shall be reviewed for compliance with these findings six (6) months from the date of these findings of fact. Note that various code changes were adopted by the City in 2016, including the definition of Parcel Delivery Terminal : PARCEL DELIVERY TERMINAL: Terminal or transfer point for the delivery of shipping container parcels or other consumer goods, which may include processing nodes for freight, supply chain and freight operations. Such facilities may include limited retail services. The District Use Matrix lists Parcel Delivery Terminal as a Conditional Use in the Business Zone District. General Requirements for all Conditional Use Permits Compliant Standards and Commission Findings Yes No N/A City Code City Standards and Commission Findings Complete Application: The application shall include at least the following information: a. Name, address, and phone number of the applicant. b. Proof of interest in the subject property by the applicant, such as a deed, contract of sale, option to purchase, or lease agreement. c. Legal description of the subject property, including street address. d. Description of existing use. e. Zoning district of subject property. f. Description of proposed conditional use. g. A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, easements, existing and proposed grade, energy efficiency considerations, landscaping, exterior lighting plan as required by Article VIIIB of this Ordinance, refuse and service areas, utilities, signs, property lines, north arrow, and rendering of building exteriors, where applicable. h. A narrative statement evaluating the effects on adjoining property, the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property. i. A narrative statement identifying surrounding land uses and discussing the general

117 UPS- Conditional Use Permit 111 South River Street (Lots 1-7, Hailey Townsite) Planning and Zoning Commission November 6, 2017 Page 3 of 9 compatibility of the proposed use with adjacent and other properties in the district. j. A narrative discussion of the relationship of the proposed use to the Comprehensive Plan. k. A list of the names and addresses of all property owners and residents within three hundred (300) feet of the external boundaries of the land being considered. l. Any other information as requested by the Administrator to determine if the proposed conditional use meets the intent and requirements of this Article. m. A fee established in a separate ordinance approved by the Council. Department and Boards/Com missions Engineering: - Circulation was raised in past years as a concern due to the open curb cuts on all sides and the lack of curb, gutter and sidewalk. This application for a temporary facility would not trigger those more extensive improvements. The City Engineer recommends that trucks should not enter or exit the site within 50 of the street intersection, and those trucks to do not park at the northeast corner of the site to preserve site visibility. Life/Safety: - Police Department o No concerns - Fire Department No concerns. Water and Sewer: - Building: - No concerns. Streets: - A seasonal drainage issue exists on the northwest property corner. A Catch- basin and drywell are recommended in the public right of way, which would need to be installed in the spring. (Note that this was a previosu condition of approval, but was never installed). Boards and Committees: - No concerns. 8.2 Signs 8.2 Signs: The applicant is hereby advised that a sign permit is required for any signage exceeding four square feet in sign area. Approval of signage areas or signage plan in Design Review does not constitute approval of a sign permit. 8B.4.1 Outdoor Lighting Standards - No signs are proposed. 8B.4.1 General Standards a. All exterior lighting shall be designed, located and lamped in order to prevent: 1. Overlighting; 2. Energy waste; 3. Glare; 4. Light Trespass; 5. Skyglow. b. All non-essential exterior commercial and residential lighting is encouraged

118 UPS- Conditional Use Permit 111 South River Street (Lots 1-7, Hailey Townsite) Planning and Zoning Commission November 6, 2017 Page 4 of 9 to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes. c. Canopy lights, such as service station lighting shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights of way or adjacent properties. d. Area lights. All area lights are encouraged to be eighty-five (85) degree full cut-off type luminaires. e. Idaho Power shall not install any luminaires after the effective date of this Article that lights the public right of way without first receiving approval for any such application by the Lighting Administrator. All new and existing lighting shall comply with Hailey s Outdoor Lighting Ordinance A Onsite Parking Req. See Section 9.4 for applicable code. - Require 1 space for 1,000 square feet, or, if the site is considered warehouse and storage, 1 space per every (full time) employee, whichever is greater. The site is large enough to accommodate 1 space per employee (13 full time) and1-2 customer spaces based on building size of less than 1,000 square feet. The parking has never been striped, as it is gravel. and the City Engineer believe the best long-term solution to organize parking and pedestrian/bike activities are curb, gutter and sidewalk. That requirement is not triggered by a Temporary Storage container Compliance with the Comprehensive Plan 11.1 Purpose. The City of Hailey recognizes that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and public facilities. In order to protect the public welfare and promote conformance with the Comprehensive Plan, conditional use permits are required for such uses upon review by the Commission. This application complies with the following goals and objectives of the Comprehensive Plan Goal 6.1: Economic Development o Encourage a diversity of economic development opportunities within Hailey. o This use provides 13 full-time jobs and up to 25 seasonal jobs (B) B. Where alleys exist, access to on-site parking for any non-residential use or for any multifamily dwelling of three or more units shall be from the alley. Parking areas adjacent to alleys may be designed to allow a vehicle to back from the parking area into the alley. Many, but not all of the truck traffic use the alley, which is also not paved (C) C. If the site is not serviced by an alley, access shall be from a single approach to the street to confine vehicular/pedestrian conflict to limited locations, allow more buffering

119 UPS- Conditional Use Permit 111 South River Street (Lots 1-7, Hailey Townsite) Planning and Zoning Commission November 6, 2017 Page 5 of 9 of the parking area and preserve the street frontage for pedestrian traffic. It is not possible to meet this standard without curb, gutter and sidewalk, which is not required of this permit (D) D. Access for on-site parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street. The site is nonconforming with regards to this standard. The City Engineer recommends that no trucks be permitted to enter or exit the site from within 50 of the intersection, and they also be restricted from parking in this area (E) E. Access for subdivisions shall be provided in accordance with standards set forth in Section 4 of the Subdivision Ordinance. Not applicable (F) F. Parking areas containing no more than two (2) parking spaces in any zoning district or parking areas within the LR, GR, TN, TI and LI Districts may be designed to allow a vehicle to back from the parking area into the public right-of-way. The site is nonconforming with regards to this standard. However, most customers do not back in and out of the parking lot into the street due to the high traffic volumes on River Street (G) G. Parking areas for residential uses only may be designed to allow required parking spaces for one vehicle to deny access to another vehicle, thus stacking the parking area. For non-residential uses, stacked parking may be allowed only for additional spaces that may be provided in excess of the required number of parking spaces. Not applicable Article 5.4: Bulk Requiremen ts Limited Business (B) District: - Minimum Lot Size: 0 - Maximum Lot Width: 0 - Maximum Building Height: 35 - Front Setback: 0 ft - Side and Rear Yard Setback: 0 feet - Existing building meets all bulk requirements, as does the temporary storage container. Section Criteria for Review of Conditional Use Permits Compliant Standards and Commission Findings Yes No N/A City Code City Standards and Commission Findings

120 UPS- Conditional Use Permit 111 South River Street (Lots 1-7, Hailey Townsite) Planning and Zoning Commission November 6, 2017 Page 6 of (a) The Commission or Hearing Examiner shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and, if approved, shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established for the zoning district involved; and According to of the Zoning Ordinance, Temporary Storage Containers currently require a Conditional Use Permit in the Business (B) zone. The temporary storage container will be removed in February weather permitting. B. Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area; The existing nonconforming use has been in place for 27 years. It is more industrial in nature than some other uses in the area, although business uses in this area of River Street are mixed. The proposed temporary storage container does not materially detract nor change the character of the area. C. Will not be hazardous or disturbing to existing or future neighboring uses; Traffic to and from the building is seasonally high. However, many business uses could have greater vehicle trips if the site were built out for retail/commercial uses. The size of trucks and idling are a concern for neighboring uses. D. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, and drainage structure. Agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service; and A catch basin and drywell are needed in the public right of way at the northwest corner of the lot to mitigate drainage issues resulting from snow plowing on the UPS site. (City staff installed a French drain in this area, but it did not remedy the problem). The catch basin/drywell was required of the last CUP, but due to flood issues taking up excessive staff time, this was not followed through on by staff. recommends that it be installed in the spring. E. Will not create excessive additional requirements at public cost for public facilities and services; and At this time, no additional cost will be incurred from any public agencies

121 UPS- Conditional Use Permit 111 South River Street (Lots 1-7, Hailey Townsite) Planning and Zoning Commission November 6, 2017 Page 7 of 9 for this facility to function and operate. F. Will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, dust, odors, vibration, water or air pollution, or safety hazards; and No externalities are anticipated by this use. This application has been reviewed by all city departments and there have been no issues. G. Will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public thoroughfares; No designated vehicular access are proposed with this project. The proposed temporary use does not require such improvements. H. Will not result in the destruction, loss or damage of a natural, scenic or historic feature. Proposed property does not contain a natural, scenic, or historic feature or structure. The temporary structure is to the rear, and does not change the essential character of the area Conditions. The Commission or Hearing Examiner may impose any conditions which it deems necessary to secure the purpose of City regulations and give effect to the Comprehensive Plan. Conditions which may be attached include, but are not limited to those which will: Require conformity to approved plans and specifications Require or restrict open spaces, buffer strips, walls, fences, signs, concealing hedges, landscaping and lighting Restrict volume of traffic generated, require off-street parking, and restrict vehicular movements within the site and points of vehicular ingress and egress or other conditions related to traffic Require performance characteristics related to the emission of noise, vibration and other potentially dangerous or objectionable elements Limit time of day for the conduct of specified activities Require guarantees such as performance bonds or other security for compliance with the terms of the approval Require dedications and public improvements on property frontages Require irrigation ditches, laterals, and canals to be covered or fenced.

122 UPS- Conditional Use Permit 111 South River Street (Lots 1-7, Hailey Townsite) Planning and Zoning Commission November 6, 2017 Page 8 of Minimize adverse impact on other development Control the sequence, timing and duration of development Assure that development is maintained properly Designate the exact location and nature of development Require the provision for on-site or off-site public services Require more restrictive standards than those generally found in this Ordinance Mitigate foreseeable social, economic, fiscal and environmental effects Set a limit on the duration of the permit when deemed necessary Allow for subsequent periodic review. The Commission may impose any conditions that are deemed necessary to secure the purpose of City ordinances and give effect to the Comprehensive Plan. Conditions including but not limited to those set forth in Section may be placed on any approval. Summary Section of the Hailey Zoning Ordinance states that the City of Hailey recognizes that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and public facilities. In order to protect the public welfare and promote conformance with the Comprehensive Plan, conditional use permits are required for such uses upon review by the Commission. Conditional Use Permits are subject to review and revocation pursuant to Section of the Hailey Zoning Ordinance. This statement will be included in the Findings of Fact, Conclusions of Law, and Decision for any CUP approved by the Commission. By ordinance, the Commission is required to make a decision to approve, conditionally approve, or deny the application within forty-five (45) days after conclusion of the public hearing and issue its decision together with the reasons therefore. The Commission is required to review the application, all supporting documents and plans, and Section 11 of the Zoning Ordinance, in making their decision. The Commission should make findings related to the criteria of Section , (A) through (H). Suggested Conditions The following conditions are suggested to be placed on any approval of this application: a) All Fire Department and Building Department requirements shall be met in regard all maintenance, administrative, and other functions of this facility.

123 UPS- Conditional Use Permit 111 South River Street (Lots 1-7, Hailey Townsite) Planning and Zoning Commission November 6, 2017 Page 9 of 9 b) Trucks shall not enter or exit the site within 50 of the street intersection, and no trucks or vehicles should be parked at the northeast corner of the site to preserve site visibility. c) A Catch- basin and drywell are recommended in the public right of way in the spring of 2018, subject to final design approval by the City Engineer and the City Streets Department. d) The applicant shall comply with UPS Company idling rules and procedures at all times. e) The temporary storage facility is approved for a maximum of twelve (12) months from the date of these findings of fact. Motion Language Approval: Motion to approve conditional use permit application for Conditional Use Permit application by UPS for a temporary peak car to be used during the holiday season at the Hailey Distribution Center located at 111 South River Street (Lot 1-7, Block 31, Hailey Townsite)and finding that the application meets each of the criteria for review (A) through (H) cited in Zoning Ordinance Article , that the conditional use permit complies with the Comprehensive Plan, and that the conditional use permit is subject to condition (a) thru (e) noted above. Denial: Motion to deny conditional use permit application by UPS for a temporary peak car to be used during the holiday season at the Hailey Distribution Center located at 111 South River Street (Lot 1-7, Block 31, Hailey Townsite), citing the following reasons for denial. Continuation: Motion to continue discussion of the conditional use permit application by UPS for a temporary peak car to be used during the holiday season at the Hailey Distribution Center located at 111 South River Street (Lot 1-7, Block 31, Hailey Townsite) to a later day as specified here.

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