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0468 Planned Unit Development 1997CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 468 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ELIMINATING A CONDITIONAL USE PERMIT AS A REQUIREMENT FOR A PLANNED UNIT DEVELOPMENT, REVISING THE PUD APPROVAL PROCESS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 18.08 AND 18.20 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amending Section 18.08.040. Section 18.08.040 is amended as follows: 18.08.040 Schedule of general controls. A. Land uses by districts. LAND USES DISTRICTS A R-1 R-2 R-3 R-4 C-1 C-2 I Section 2. Amending Section 18.20.110. Section 18.20.110 of the Chubbuck Municipal Code and is amended as follows: 18.20.110 Procedure for approval of a planned unit development. P Tis ar- gully. PUDs are allowed in any land use district within the city, provided the following procedure is utilized and the plan is approved by the Chubbuck city council Ordinance - Page 1 dsc chbbckO8.051 after appropriate public hearing and review by the land use and development commission In reviewing any PUD the land use and development commission and the city council shall take into account the criteria and standards set forth in 18.28.040 (Q. A. The developer shall meet with the city engineer to discuss submission of a preliminary development plan and preliminary plat. The purpose of this meeting is to review early and informally the purpose and effect of this title and the criteria and standards contained herein, and to familiarize the developer with the comprehensive plan and land use and development regulations. B. An application for approval of a preliminary development plan and preliminary plat shall be filed with the city clerk by a property owner or person having existing interest in the property for which the PUD is proposed. At a minimum, the application shall contain the following information filed in triplicate. 1. Name, address and phone number of applicant; 2. Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan; 3. Legal description of property; 4. Description of existing use; 5. Land use districts; 6. A vicinity map at a scale approved by the engineer, showing property lines, streets, existing and proposed uses to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services; Ordinance - Page 2 dsc chbbck08.051 • • 7. A preliminary develepmefrt 14an _plat at a scale approved by the engineer, showing topography at two foot intervals; location and type of residential, commercial and industrial land uses; layout, dimensions and names of existing and proposed streets; right-of-ways; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas and such other characteristics as the engineer deems necessary; 8. Proposed schedule for the development of the site; 9. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years. The application for a preliminary development plan and preliminary plat shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the PUD would be in the public interest. C. Where any information required by this section is substantially similar to information required to be presented by the developer in compliance with Title 17 of this Code, such information may be utilized for both purposes. D. The same provision for public hearing and legal notification as set forth in this title for preliminary and final plat approval shall be followed. E. Within thirty days after the public hearing, the land use and development commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this title; whether the proposed development advances the Ordinance - Page 3 dsc chbbck08.051 0 0 general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations as well as how the project compares to the standards and criteria of 18.28.04Q -UC . The eewArAssiea's fey. The commission shall recommend to the city council whether or not the preliminary development_ plan and preliminary plat should be approved. The city council, after appropriate notice and hearing, shall review the preliminary development plan and preliminary= plat. If approved by the city council, the council may, as part of its approval process, require the final development plan to be submitted to and reviewed by the commission prior to council consideration. If review of the final plan by the commission is not required, no further proceedings shall be required before the commission unless the council, in considering the final plan, requests the commission to undertake further consideration of the final plan. F. Upon approval in principle of a preliminary development plan by the city council, an application for approval of the final development plan may be filed with the city clerk by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun Ordinance - Page 4 dsc chbbck08.051 within two years after the date of issuance of the approval. At a minimum, the application shall contain the following information: 1. A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site; including major wooded areas, structures, streets, easements, utility lines and land uses. 2. All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use consideration suitable for adjacent properties. 3. A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard land use district regulations or other ordinances governing development. 4. Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal Ordinance - Page 5 dsc chbbck08.051 facilities; street improvements and nature and extent of earth work required for site preparation and development. 5. Site plan, showing building(s), various functional use areas, circulation and their relationship. 6. Preliminary building plans, including floor plans and exterior elevations. 7. Landscaping plans. 8. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained. G. If review of the final development plan by the commission has been required by the city council, then -W-within sixty days after receipt of the final development plan, the commission shall recommend to the city council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The commission shall then transmit all papers constituting the record and recommendation to the council. If review by the commission has not be required, the final plan shall be submitted directly to the citv council. In either case, the citv council shall review the final development plan and approve, approve with supplementary conditions or deny said plan. Approval shall not be feeeoffnendedig'ven unless the council finds that: 1. The proposed development can be initiated within two years of the date of approval. Ordinance - Page 6 dsc chbbck08.051 2. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations. 3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD. 4. Any proposed commercial development can be justified at the locations proposed. 5. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the commission. 6. The area surrounding said development can be planned and developed in coordination and substantial compatibility with the proposed development. 7. The PUD is in general conformance with the comprehensive plan. 8. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed. Upon granting or denying the application, the council shall specify: Ordinance - Page 7 dsc chbbck08.051 0 1. The ordinance and standards used in evaluating the application. 2. The reasons for approval or denial. �H. The approval of a final development plan for a PUD shall be effective for a period not to exceed two years. If no construction has begun within two years after per -mi Q12roval has issued, it shall expire. An extension of the time limit or modification of the approved final development plan may be approved, without further hearing or recommendation by the commission, if the council finds that such extension or modification is not in conflict with the public interest. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapters 18.08 and 18.20 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Ordinance - Page 8 dsc chbbck08.051 a Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 25tnday of FEBRUARY , 1997. , r MAYOR ATTEST: AW16� �-"T CITY CLERK Ordinance - Page 9 dsc chbbck08.051