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0420 Plan Unit Development 1994CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 420 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER 18.20.030 TO DECREASE THE MINIMUM AREA REQUIRED FOR A PLAN UNIT DEVELOPMENT; ADDING SECTION 18.20.075 TO DEFINE HOW DENSITY IS CALCULATED IN A PUD; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 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 18.20.030. Section 18.20.030 of the Chubbuck Municipal Code is amended as follows: 18.20.030 Minimum Area. A PUD for the following principal uses shall contain an area of not less than: A. 44ifee ^ e Residential Development: R-1, one acre; R-2, R-3, R-4, no minimum area. B. -Five Three 3 acres for residential use with subordinate commercial or industrial uses. C. T -en Five 5 acres for commercial use. D. T -ex Five 5 acres for industrial use. Section 2. New Section 18.20.075. The following Section 18.20.075 is added to the Chubbuck Municipal Code: 18.20.075 Density Calculation. Density shall be based upon the density required by this Code for the area with the most restrictive zoning that lies within the boundaries of the proposed PUD. For residential density, the number of dwelling units allowed in a PUD shall be calculated Ordinance - Page 1 dsc chbbckO4.133 0 • by dividing the gross area, less that area set aside for non-residential uses (that is, office, commercial or industrial, as well as the area for streets, curb, gutter and sidewalk), by the minimum lot area per dwelling unit required by the zone in which the site is located. The common area shall not be subtracted in this calculation. Each structure or set of town house units shall be treated as one building for purposes of the density calculation formula. For example: gross area 40,000 square feet, zoning is R-2 street, curb, gutter and sidewalk 5,000 square feet nonresidential use 4,000 square feet common area 4,000 square feet proposed town house units 10 proposed number of town house structures 2 The density is calculated by using the R-2 density formula found at Section 18.08.040B as follows: 40,000 square foot gross area, - 5,000 square feet for street, curb, gutter and sidewalk - 4,000 square feet for nonresidential use 31,000 square feet net. There are two structures which require 6,000 square feet each for the R-2 density formula. 31.000 square feet - (6.000 square feet x 2 2,500 square feet = 7.6 units, plus 2 units equals total allowed units of 9.6, rounded to 10 units maximum. Section 3. New Section 28.20.085. The following Section 18.20.085 is added to the Chubbuck Municipal Code: 18.20.085 Infill Planned Unit Developments. Lots within the City of Chubbuck which are located within areas already largely developed (at least 75% of the lots and parcels within 300 feet of the exterior boundaries of the subject property) and to which municipal fire, police, sewer, water and school services are already available qualify for infill development. In reviewing infill planned unit Ordinance - Page 2 dsc chbbck04.133 11 developments the Council may allow exceptions to planned unit development requirements as follows: A. The City Council may waive the requirements of Section 18.20.080 and allow up to a 25% increase in the density allowed in the zoning district as an incentive for infill planned unit development there; provided, however, the density increase allowed under this section and under Chubbuck Code Section 18.20.080 together shall not total more than 25%. B. The City Council may waive the requirements of Section 18.20.060 for common open space in infill planned unit developments of one acre or less. C. The applicant shall submit documentation that the site qualifies as an infill planned unit development site. 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 Chapter 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. 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. Ordinance - Page 3 dsc chbbck04.133 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, thisgth _ day of „gust , 1994. AYOR ATTEST: CITY CLERK Ordinance - Page 4 dsc chbbck04.133