HomeMy WebLinkAbout07 09 2019
City of Chubbuck
Land Use and Development Commission
Agenda
July 9, 2019
7:00 PM
City Hall Council Chambers, 5160 Yellowstone Avenue, Chubbuck, ID 83202
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES: for June 11, 2019 regular meeting (Action Item)
PUBLIC HEARING
1. Adding a new chapter 18.34 to Title 18, Land Use of the Chubbuck Municipal Code for the
Creative Community- Harvest Springs (CC-HS) zoning district and to set forth land use and
development regulations within said district. Type of Action: Recommendation to City Council
(Action Item)
2. Variance at 367 Chesapeake Ave. from setback requirements for expansion of garage. Zoning
district is R-1. Proposal to be evaluated against criteria established in City Code 18.28.030 and
18.28.050 and Idaho Code 67-6516. Type of Action: Decision (Action Item)
3. Proposed amendment to sections 18.08.010 and 18.08.040 to require a conditional use permit
for a duplex unit if proposed in an existing development and not if disclosed on the preliminary
and final plat in a new development. Type of Action: Recommendation to City Council (Action
Item)
GENERAL BUSINESS
1. An application for a preliminary plat for the Brookstone Estates Subdivision, Divisions 8 and 11.
Applicant proposes to subdivide 8.6 acres into 35 residential lots. Property is in the SE ¼ of Section 5,
Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located north and west
of Brookstone Street and south of the Church Lateral Canal in Chubbuck, Idaho. Current zoning
designation on the property places it in the Limited Residential (R-2) and Limited Residential – P (R-2P)
land use districts. The Comprehensive Plan Future Land Use map designates this area as Medium
Density Residential and Mixed Use. Type of Action: Recommendation (Action Item)
ADJOURN
City Hall and the City Council Chambers are accessible for persons with disabilities. Any person needing
special accommodations to participate in the meeting should contact the City offices at 208.237.2430 at
least 24 hours prior to the meeting.
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City of Chubbuck
Land Use and Development Commission
Minutes
June 11, 2019
7:00 PM
City Hall Council Chambers, 5160 Yellowstone Avenue, Chubbuck, ID 83202
Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice-Chair Dan Stoddard, Rebecca Berls,
Thais Ayre, Carrie Holm, and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Public Works
Director Rodney Burch, Senior Planner Don Matson, Community Planning and Economic Development
Director Devin Hillam, Office Administrator Kami Morrison
Mendenhall called the meeting to order at 7:00 pm asking Berls to lead the commission in the Pledge of
Allegiance.
Mendenhall asked if any commissioners had a conflict of interest within the items before the board
tonight.
Smith recused himself from Public Hearing item #1.
APPROVAL OF THE MINUTES: May 14, 2019
Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of
May 14, 2019 meeting be approved as emailed; Schwartz seconded. The full authority approved.
PUBLIC HEARING
1. An application for a Change in Land Use District from Agriculture (A) to the Creative Community-
Harvest Springs zoning district (CC-HS), and approval of a Master Development Plan on
approximately 267.07 acres of land. Subject property is in Section 35 Township 5 South, Range 34
East of the Boise Meridian, Idaho, generally located north of the Siphon Road extension to I-15,
east of Hiline Road, south of the Tyhee Road alignment, and west of I-15 in Chubbuck, Idaho. The
Comprehensive Plan Future Land Use map designates this area as Commercial, Mixed Use, and
Low Density land uses. Type of Action: Recommendation. (Action Item)
Applicant is Ryan Satterfield. Harvest Springs Development encompasses about 270 acres off of the
new Northgate interchange area tying into Hiline Road. Proposing number of different zoned areas.
Majority residential use still considered mixed used. Within each separate zoning section will be
portions considered commercial use. Four different areas, yellow on map is residential area. Two
areas under village zoning, mostly residential. Green in center, town zoning, is community center.
Will have shopping and some residential over retail set ups. Red is business and research park
zoning, more commercial zoning and some high density residential. Next map is concept plan
showing different densities, trail areas and different neighborhoods inside project. Will have alley
way access homes where homes will front onto a street or open common space. There will also be
traditional style housing with garages set back. Rough calculations, maxed out on density at 1375
units, with minimum density of 900. Will be within that range. Also request for flexibility as
commercial develops which will affect residential. Limits to how big a commercial building can be.
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Not looking at big box stores. Just under 50 acres of open space and a system of trails around and
through project. Trails are paved biking/walking paths. Also trail along Hiline canal that will
ultimately tie in with future development. Another part of open space is a lake area in lower part of
development, Harvest Lake, to allow recreation and community gathering space. Will have parking
area and facility to get paddleboards and kayaks. Survey map shows contours and some grades they
will be working with. Also flood plain that goes through two different sections. Plan to do
additional analysis on those flood plains. Will do elevation analysis to further define and will
hopefully allow for housing to be built through those areas. Additional amenities to tie in: dog park,
splash pad, incorporating creative concepts with interactive street art, community garden and water
activities at lake.
Budge, referenced Buffalo Creek Road that goes down through the flood plain, asked if engineering
was in place that would direct flood waters out of road. Satterfield replied they haven’t analyzed
that yet. Having roads in flood plain not a huge concern as long as water flows calculated to be
handled. As roads are built up elevations will change and through approval process construction
documents will make sure waters are received. Budge also asked for status of master plan
covenants and development agreement. Satterfield stated they have a master covenant that will be
over entire project. Master Covenant and Development Agreement are both currently being
worked on. When they do an individual neighborhood and submit for preliminary plat those will
have individual neighborhood covenants that will apply just to that specific neighborhood. Right
now just broad covenants.
Berls, asked for numbers on maintaining lake. Satterfield stated hard to pinpoint but are currently
working on first plat that will include lake. Once they get better design info will have more firm
numbers.
Holm, asked about any new developments on access to Northgate from Harvest Springs. Satterfield
stated they are still working with property owner. Concern there is making sure wherever road
comes through, accommodates their plans which have not been finalized yet.
Matson, staff report, explained phasing plan and that project will start on west side of Hiline road
and later phases would be connection to south, then proceed up hill. Said all flooding and water
issues are addressed in title 2.
Berl, question regarding alley ways and permeable soil. Matson stated this hasn’t been a particular
discussion point yet. Hard to know without design. Every alley would become city property.
Mendenhall, question about “not applicable” and “will be addressed at future date” comments in
report in regards to bus routes. Matson stated that no current bus routes so yes, those issues will
be addressed when the time comes.
Mendenhall opened public hearing.
No comments from public, Mendenhall closed hearing, bringing the meeting back to commission.
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Budge, noted it’s important that we set the right standard going forward. In favor of approval.
Holm, commented just a zone change, will come up a lot in future. Step one of the process.
Matson, stated commission will see second creative community presentation next month. Received
another application.
Mendenhall entertained a motion.
Schwartz moved to approve the application for change of land use district from agricultural to creative
community harvest springs zoning district. Seconded by Berls.
With all commission members understanding the motion they voted.
Roll Call Vote: TJ Budge, Yes; Rebecca Berls, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm,
Yes; Brady Smith, Abstain; Mike Schwarts, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes.
2. An application for a Conditional Use Permit for an assisted living facility in a C-1
Limited Commercial Zone. The subject property is located Lot 1 Block 1 Northside Crossing
Subdivision, Chubbuck, Idaho, generally north of Siphon Rd, east of railroad tracks and west of
Whitaker Road extension. The proposal will be evaluated against criteria in City Code
18.28.040C. Type of Action: Decision (Action Item)
David Ruby, 499 Main St. Boise ID, on behalf of the applicant. Proposed site is north of Siphon Road,
railroad tracks to the east. Southern tip of the Northside Crossing Development. Proposed construction
of single level assisted living and memory care facility. Site plan fronts pretty close to Siphon potentially
renamed to Northgate Parkway. Approximately 71,000 sq. feet of enclosed space. Four courtyards with
interior patio and amenity spaces. Likely additional future units. When open will have approximately 65
assisted living units and 22 memory care units. Main kitchen for whole facility. Memory care on west
side with separate entrance. Size is sustainable not too large. One large open common area and
amenities when entering. Corridors connect to all rooms throughout the facility. Controlled access in
memory care area. Single level stucco and manufactured stone. Fourth of very similar type building,
closest one is by St. Lukes in Twin Falls. Corners accented with stone also featured in middle and entry
with gabled roof. Client has done market studies that show high demand for this type of facility.
Finishing drawings today and tomorrow, hope to submit for building permit soon.
Budge, asked for plan for constructing Whitaker and Aurora. Ruby believed Aurora was called to be
future but stated all are going to be constructed by time they open. They figured out turn around in
interim but stated it was something to do with utility routing through aurora. Everything seen on plan is
what will be there when they open in roughly a year.
Matson, commented commission will see Aurora next month on preliminary plat.
Hillam, staff report, upon review of criteria staff did not find any cause to request condition. Has gone
through design review and they are working through technical aspects. Do not see any traffic issues.
Good use of land. No concerns with review criteria.
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Mendenhall, question regarding review criteria number 14 referring to storage shed. Hillam stated that
item needs corrected, was left over from next item, does not apply.
Ayre, asked about impact on emergency services. Hillam stated that is part of design review committee.
Will be subject to impact fee. Will be long term maintenance costs but typically property taxes absorb
those. No issues regarding access, etc.
Berl, asked if all design review requirements been met? Hillam, yes, site plan addresses items that were
discussed.
Smith, asked to have summary of design review notes. Hillam stated those are on pg. 38 of packet.
Holm, asked what side rooms with patios are on, question for applicant.
Mendenhall opened hearing.
Darris Ellis, 4470 Wasatch Street. In favor. Went to Twin to look at building, top notch facility. Very well
done. Recommend as positive especially for tax base.
No other public comment, hearing was closed.
Mendenhall asked applicant back up to address previous question. Railroad tracks located on west side
and they face the memory toward that direction because they can’t have the access in and out. Patio’s
on north and west side and few on front. Most of front is administrative.
Mendenhall entertained a motion.
Jackson moved approve conditional use permit. Ayre seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Brady Smith, Yes; Brandon Jackson, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; TJ
Budge, Yes; Thais Ayre, Yes; Mike Schwartz, Yes; Carrie Holm, Yes; Jason Mendenhall, Yes.
3. An application for Conditional Use Permit for a storage building in a C-2 General
Commercial Zone. The subject property is located at 4563 Burley Drive, Chubbuck,
Idaho. The proposal will be evaluated against criteria in City Code 18.28.040C. Type of
Action: Decision (Action Item)
Applicant is Tari Jensen, would like to build more storage units. Applied to do this a couple years
ago, city shut down to rezone. One problem on site, first building on corner of Evans is owned by a
construction company. Weeds are a real problem. Would like to put another row of storage unit
where RV’s are. Would look cleaner and nicer. Units are 100% full 99% of time and receives 4-5
calls/week people wanting storage units. Huge need. Would like to expand. Bought property
across street but told wouldn’t be able to because hadn’t applied before zoning was changed.
Nowhere else to expand.
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Budge, asked if lot was fenced. Jensen replied that yes it is, with chain link. Building next door with
daycare in it, mounted a mesh type fabric and created a shady area for kids on her fence. Might like
just a wall. People come in and out of storage unit and can see all the kids. People can watch her
clients and see everything they are putting in units. Would like to make it a little more private for
everyone.
Schwartz, asked about access and if new units would be similar to existing ones. Jensen stated new
ones would have access off of Burley Drive, left space in back to turn around and get out.
Smith, confirmed turn around space. Jensen confirmed.
Jackson, asked if new units were mirror image to existing. Jensen stated they are a little different.
Some a little smaller. Tried to stagger so there is enough room. Jackson asked draining water off
roof onto other property. Jensen stated there will be site drainage. Paul Bastian completing that
work. One complaint letter from construction company, that the new unit would block all the
windows of his building. Jensen stated that isn’t true, may block one but all other windows are
open. His current view is storage sheds.
Hillam, design review completed, addressing storm water retention. Shield and lighting addressed
with building permit. Permit needs to be issued as well. Conditional Use Permit really is intended to
determine if use is appropriate in vicinity. Two letters in packet, one from Mr. Harris regarding
visibility from office. Both parcels zoned C2. No rear or side yard setback. Second comment about
going against trend of commercial within area. Storage units aren’t ideal in downtown, in light of
site, do not see any major significant issues. Structure itself does not have frontage on Burley or
Evans. Impact is minimized, increased downtown compatibility. Third contention was the city has
denied other storage units within proposed downtown, not accurate. Other aspect, house
watchman parks away from front of outset. Both streets are public streets. No issue there from city
code perspective. Residential zone across street, comprehensive plan designates residential as
transitioning use for area. Did not identify any issues that would not satisfy the review criteria nor
would conflict with comprehensive plan.
Schwartz, asked about setbacks and drainage. Hillam stated those will be addressed from building
code standpoint. Storm water control system will also address.
Budge, follow up question on setbacks, rear overhang on roofs inside property boundary, drainage
action taken. Hillam stated Portneuf Valley Storm Water Design Manual requires all storm water
retained on site.
Mendenhall opened public hearing.
Nick Jensen, in favor. Family business, units full want more space. Water retention being
addressed, Paul Bastian working on it. Appears from talking to Paul today, what Harris will probably
see is storm water pond, generally located in front of office. Storage units aren’t most esthetically
pleasing but are high function.
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Darris Ellis, 4470 Wasatch Street, in favor. Received a lot of letters from city when rezoning area
which promised home owners and business owners already there they would be grandfathered in.
Thinks it’s great, good for business. The city needs to keep promises to people that businesses
would not be affected by zoning changes.
With no further comment Mendenhall closed the hearing bringing meeting back to commission.
Smith, echo comments from Ellis and Jensen. Not a perfect scenario because of how things are
shifting for downtown outlook. Way for city to still honor that grandfather mind set and allow
workable solution. Not hinder abilities with property they own.
Berls, agrees with Smith thinking about neighbor being upset about them being so close to property
line. Should be allowed to do same.
Holm, with daycare there, nice to have wall there.
Mendenhall entertained a motion.
Budge moved to grant application. Schwartz seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Brandon Jackson, Yes; Carrie Holm, Yes; TJ Budge, Yes; Brady Smith, Yes; Mike
Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes.
GENERAL BUSINESS
1. An application for a preliminary plat for the Southwest Townhomes Division No. 1.
Applicant proposes to subdivide 9.14 acres into 39 lots: 37 residential duplex lots and 2
common lots. Property is in the SE ¼ of Section 3, Township 6 South, Range 34 East of the
Boise Meridian, Idaho, generally located on the east side of the Union Pacific Railroad and
Highland Storage, north of Chubbuck Road and west of Whitaker Road in Chubbuck, Idaho. Current
zoning designation on the property places it in the Limited Residential (R-2) land use district. The
Comprehensive Plan Future Land Use map designates this area as Medium Density and Mixed Use
development. Type of Action: Recommendation.
Applicant is Blake Jolley, Connect Engineering. Proposing single family attached homes with zero lot line.
Discrepancy noticed in current code concerning duplexes. Reference code that states duplexes may be
conditionally permitted and again where duplexes are noted as permitted. Jolley stated not asking for
duplexes but proposing zero lot line residences and was their intent from the beginning. Plat commission has
in original packet, went back and put lot lines in. Zero lot line densities are set in code, says 6,000 for first
household but 2500 each additional. Lot total for the two would be 8500 sq. feet or larger. Most lots are
larger than 8500 sq. feet. Staff report stated recommendation for 39 lots, when lines are in will increase
number of lots. Plat shows 75 lots, 72 will be zero lot line. Also providing for two complete full accesses, one
to Whitaker and one to Chubbuck Road. Private drives wide enough for parking on one side. Adequate
parking inside and outside garages. Asking for approval with condition to show zero lot lines identified tonight
to be shown on final plat.
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Holm, asked if still proposing to maintain ownership of private street. Jolley stated yes.
Smith, asked how close street gets to the corner lots. Jolley stated worked with platting staff, looking for no
less than 8ft. Increased so all exceed 8’ on corner lots. Can double check but did address that question with
staff.
Mendenhall, questioned if access on Whitaker and Chubbuck also privately maintained. Jolley, stated that was
correct. Request for additional right of way given, lot 26 dedicated right of way, access beyond that will be
privately maintained.
Budge, stated his firm represented homeowners who opposed last development. Has not been contacted by
any of them and is not representing them, that’s why still participating. Questioned zero lot line, would like
plat approved shown on screen not one included in packet. Jolley confirmed. Stated as they noticed
discrepancy in code, added zero lot line. Budge confirmed that other than adding zero lot lines it was identical
to plat in packet. Jolley confirmed stated only difference is lot down center. Budge asked about comment
about single ownership if anticipating condition that prohibits sale of individual lots. Jolley stated intent is to
keep single ownership. Part of HOA would be such that if this was going to be sold individually an HOA would
be required and need to be in full function before lots are sold. No discussion to try and sale by lot. Budge
asked if purpose of single ownership was to know roads will be maintained. Jolley confirmed. Budge
reaffirmed they are requesting approval with conditional all single ownership and if ever changed, HOA
formed at that time to provide maintenance to be reviewed by city. Jolley confirmed. Question about
easement width, code states 50-55 ft. These are 34 ½. Jolley stated where private and not city streets,
considered an access road, therefore requirements different. Hillam stated has been reviewed by fire,
sanitation and public works, similar to standard local streets now, didn’t see any issues. Budge questioned if
setbacks measured from lot boundary or street. Jolley stated they looked at from street instead of lot line.
Street more restrictive. Should meet or exceed minimum.
Smith, if condition executed in future, and HOA is set up are all taking care of a little piece of each lot? Hillam,
intent is to request that be in place by the time final plat is submitted, stated provisions would be in place if
anything happened to lots it would trigger the HOA. Smith clarified that operations would then just be
transferred from private ownership to HOA with same stipulations.
Stoddard, asked if single ownership is implying all are rental units and questioned if there was on site
management. Jolley stated, yes to rental units and that no on site management. Have project a mile and a
half away by Home Depot, same owners, have on site office there.
Schwartz, questioned ratio of parking spots to housing units. Jolley stated minimum requirement is two per
unit and they exceed that, one in garage, one outside of garage and on street. Parking on one side of road.
Berls, asked if sidewalks on both sides. Jolley confirmed.
Schwartz, asked if units backing up to railroad tracks have doors out back. Jolley confirmed they have patios
and will have a 6’ privacy fence. Typically white vinyl fence. No gate to railroad. Jolley mentioned he met with
residents that live in home on corner, in direct communication to be best neighbors, maintain safety for kids.
Budge, asked if private road serves any purpose other than allowing lot lines to go to center of roadway. Jolley
stated allows project to be as a whole and keep public traffic out. When you put a public street in lose 50’.
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Staff report, Matson, mentioned condition would like to see added is that final plat has language for HOA.
Fielded several calls from public, some picked up copies of plat. No written comments were submitted.
Mendenhall, asked if city was comfortable with streets if in future asked to maintain. Matson stated that’s
why requesting HOA language up front. Burch mentioned street width of 50’ or 55’ doesn’t apply. Physical
improvement of street itself is within ½ ft. of all other residential streets.
Budge, concerned about creating double standard with developers regarding public vs private streets. Matson
stated not necessarily a concern because private streets are big burden for them to maintain. Maintenance of
road is long term commitment for them. Not prohibited in ordinance.
Applicant, Jolley, in response to Budge regarding setbacks, are to side of street not center.
Budge, questioned if these were public streets would need setbacks. Burch, stated approach was to make
sure we have an equivalent driveway space as in traditional neighborhood. Budge, asked if same surface
width, what purpose does additional right of way serve? Burch, stated adds drainage swell, on public streets
sidewalks built on private property, set back measured from street side, subtract 4’ out of driveways.
Additional right of way is storm water control in drainage swells. Budge questioned how storm water control
works in this scenario. Jolley stated in lot 29 in middle, is sized such to handle storm water. Wanted to
mention where within half foot of typically city street, only parking on one side. Most driveways are larger
than 26’.
Schwartz, asked about room for additional parking on east Chubbuck road. Jolley stated posted as no parking
along that street. Hillam, not concerned with excess parking issues.
Smith, stated there was quite a bit of negative resident feedback. Initially were 88 units now down to 72.
Have done what commission directed, to go back to drawing board to fit into R2 zone. Wants to recognize
made a significant difference in density from where were before.
Budge, appreciates developers coming back with more fitting plan and addressing access concerns. Concern,
single ownership is peculiar and odd. If remove lot lines it’s is an apartment complex which is not permitted.
If approved preference would be to require covenants up front. Other concern is potential conflict over
private roads. If development had regular right of way and met same standards as public roads would be on
board. Seems private road is there to try and skirt requirements of subdivision.
Jackson, echo Budge’s comments with more emphasis on HOA. No way this will remain single owner. Going
forward have got to require bulletproof language in HOA to make sure each lot pays share to maintain.
Smith, also concerned about HOA and funding. Budge, built into covenants. Satisfactory way to address,
require covenants up front. Mandates maintenance and gives city leverage to take over if not up to standards.
Budge, motioned to recommend denial on basis of city code requiring 50’ or 55’ right of way on residential
streets. Does not meet standard. Berls seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Carrie Holm, Yes; Dan Stoddard, No; Brady Smith, No; Brandon Jackson, No; TJ Budge,
Yes; Thais Ayre, No; Mike Schwartz, Yes; Rebecca Berls, Yes; Jason Mendenhall, Yes.
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Motion approved will go before city council in July
Hillam, formally introduced Kami Morrison, as new Office Administrator.
Mendenhall entertained motion to adjourn; Schwartz made the motion. Smith seconded. All voted to
adjourn at 8:41 pm.
_______________________________
Jason Mendenhall, Chairperson
____________________________________
Kami Morrison, Office Administrator
PUBLIC HEARING
ITEM NO.1
CREATIVE
COMMUNITY -
HARVEST SPRINGS'
CODE FOR TITLE 18
Community Planning &
Economic Development
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Memo
To: Land Use and Development Commission
From: Don Matson, Senior Planner
Date: July 2, 2019
Re: Public Hearing – Adding a new chapter 18.34 to Title 18, Land Use of the
Chubbuck Municipal Code for the Creative Community – Harvest Springs
(CC-HS) zoning district and to set forth land use and development
regulations within said district.
Type of action: Recommendation to City Council
Background: On June 11, 2019 the Commission was presented with the Harvest
Springs Creative Community Master Development Plan, Zone Change Request,
and made a recommendation to the City Council for approval. A draft amendment
to Chubbuck Municipal Code was included with the packet, but was not presented
or noticed with a specific public hearing.
Attached is draft proposed code amendment and a portion of the materials
presented to the Commission on June 11.
Request: Review the following proposed code amendment, Title 18.34 CC-HS
zoning district, and make a recommendation to the City Council.
Attachments:
A. Staff report to LUDC
B. Draft code CC-HS
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Exhibit 5
Comprehensive Plan
b. Applicable Goals, Objectives and Policies
(Abridged; Commission may find others)
LAND USE CHAPTER
GOAL OBJECTIVE POLICY
LU 1: Direct urban growth
to urban infill areas
1.1 Strongly protect prime
agricultural land from
development sprawl
c. To discourage sprawl and promote compact
development patterns, all new development projects
shall be located within City limits and the USB. All new
development shall be provided with adequate public
facilities and services, including water, sewer, roads,
parks, schools, police, and fire protection.
1.2: Coordinate the
provision of public services
and infrastructure with
proposed land use
c. Take advantage of existing investment in
infrastructure by encouraging infill and redevelopment
projects
LU 2: Improve residential
neighborhoods and ensure
their orderly and
financially sound
development
2.1: Improve the
appearance of residential
areas
b. Maintain a high standard of property maintenance
2.3: Raise pride of place
through provision of
amenities
a. Develop a meaningful park and trail system plan
2.4: Create safe,
interesting, and walkable
neighborhoods
a. Use the neighborhood design principles outlined in
Chapter 6, Objective 3.2, Policy a to guide the
development of neighborhood refinement plans
LU 3: Provide convenient
commercial service
locations and limit their
adverse impacts on
transportation systems,
residents, and visual
integrity.
3.1: Adopt appropriate
commercial zoning to
allow for a variety of
commercial goods and
services at community
centers, which should be
located within walking
distance of residents of
one or more
neighborhoods
a. Adopt appropriate Neighborhood Commercial
zoning to allow small-scale commercial development
at neighborhood centers that serves the daily needs of
neighborhood residents
LU 4: Expand light
manufacturing and
industry location
opportunities and require
the environmental
sensitivity of these firms
4.1: Zone appropriate
areas for industrial and
warehousing use
a. Locate industrial zones in areas that are
environmentally suitable
b. Locate industrial zones in proximity to necessary rail
and highway access
Land Use 5: Encourage
compatible land uses
5.1 Encourage a transition
of land use from low-
intensity land uses to
higher intensity land uses.
Purposefully arranged
land use transitions avoid
a. Adhere to land use designations on the
Comprehensive Plan Map.
b. Use a combination of zoning, performance
requirements, site planning, and transportation routes
to create the highest level of compatibility between
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
conflicting uses while
keeping distances between
uses short enough to
facilitate communications,
transportation, and
human activity between
them.
adjacent uses while retaining a complementary mix of
possible uses within neighborhoods and communities.
c. Make use of planned unit developments (PUD) to
accommodate development on tracts with difficult
shape or location.
5.2 Encourage a mix of
compatible land uses in
new neighborhoods and in
redevelopment areas.
a. Use design standards to encourage compatibility of
mixed use development with surrounding areas.
b. Locate mixed-use areas along Yellowstone Avenue
and in new neighborhood centers.
TRANSPORTATION CHAPTER
GOAL OBJECTIVE POLICY
T 1: Provide for safe and
free-flowing traffic for all
modes of transportation
1.1: Increase the efficiency
of functional class roads
1.2 Expand the network of
functional class roads in
general accordance with
the functional class roads
map
a. Define routes for new or functional class roads with
requirements for development during subdivision.
1.3: Discourage through
traffic and high speeds in
residential areas
1.4 Encourage higher
densities and site designs
that support transit
a. Implement a policy of phasing public service
extensions over time in coordination with Bannock
County to protect prime agricultural land and increase
development densities to a level that will support
transit service.
1.5 Encourage bicycle and
pedestrian systems that
support transit and
provide an alternative
means of travel.
a. Continue to implement standards for sidewalks to
be constructed at the time of subdivision
development.
b. Work with Pocatello Regional Transit to develop
transit stops with bicycle racks, signs, benches, and
shelters.
1.6 Use innovative
financing strategies to
fund transportation
improvements
c. Utilize new neighborhood refinement plans to
ensure a connected street network
1.7 Provide a connected
network of pedestrian-
friendly streets and
pathways
a. Design new streets to connect with other streets,
except where topography or existing development
prevents a connection
b. Require street network plans as part of a
neighborhood plan
c. Minimize block-length standards to encourage
interconnected streets
d. Provide mid-block pedestrian pathways where long
blocks are necessary
e. Include sidewalks that connect buildings to the
public right-of-way for new commercial, institutional,
and residential development
f. Provide pedestrian and vehicular connections
between adjoining developments for new commercial,
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
industrial, and institutional development, where
possible.
g. Provide sidewalks on both sides of all public streets
h. Design local streets serving residential areas as
“skinny” streets to slow traffic and accommodate
pedestrians and bicycles, as well as vehicles.
COMMUNITY DESIGN CHAPTER
GOAL OBJECTIVE POLICY
CD 1: Invest in the
improved appearance of
our city and stimulate
improvements by the
public sector
1.1: Improve compliance
with codes on property
appearance
a. Adopt a revised Development Code implementing
“smart” development concepts outlined in the Our
Valley Our Vision project
b. Define and adopt neighborhood refinement plans
1.2: Contribute to the
appearance of
neighborhoods and
communities through
placement and design of
public parks
a. Establish park standards and guidelines to enable
development of attractive, functional, low
maintenance parks that generally serve as the focal
points for neighborhoods and communities
CD 2: Encourage new
development that is
compatible with existing
buildings and
neighborhoods, and
promote and preserve the
quality of residential
neighborhoods
2.1: Use design guidelines,
standards, and incentives
to ensure that new infill
and redevelopment are
compatible with
established development
a. Bulk and height of the new residential infill and
redevelopment projects shall be similar in scale to
surrounding residential development
c. Encourage the development of well-landscaped
parking lots and buffer strips on major corridors
d. Encourage the development of plazas and
courtyards by commercial development that
encourage public gathering, particularly in the
neighborhood and community centers.
2.2: Encourage infill and
redevelopment to be
pedestrian-oriented
a. New infill and redevelopment housing shall be
designed so that;
b. Garages and carports are set back further from the
street than the front of the dwelling, and
c. Usable front porches or balconies are provided and
are oriented to the street.
e. Coordinate parking space standards and parking lot
designs with pedestrian, bicycle and transit systems.
CD 3: In new
neighborhoods, provide a
better mix of residential
and commercial land uses
and a more walkable
community
3.2: Use neighborhood
design principles for new
development within
Neighborhood Plan
Districts, as defined on the
Growth Management Plan
Map
a. New neighborhoods shall be designed to meet the
following design principles:
i. Connect streets with other streets to provide a
network.
ii. Use distinct edges or boundaries to define the
neighborhood.
iii. Include sidewalks that are safe, convenient, and
interesting.
iv. Incorporate parks and institutions into
neighborhoods
v. Provide a mix of housing choices and types.
vi. Design neighborhoods to accommodate bus transit
vii. Require buildings, whether residential, commercial,
industrial, or institutional, to be compatible in terms of
scale and design.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
b. Assure that future development results in the
establishment of recognizable neighborhoods,
communities, and districts.
GOVERNMENT SERVICES CHAPTER
GOAL OBJECTIVE POLICY
GS 3: Support the
coordination of effective
and efficient provision of
private utilities to current
and future City residents
3.2: Coordinate private
and public development
with private utility
provision
a. Establish development standards for commercial
and residential developments that assure effective and
efficient public maintenance, if events require, such
standards may dictate construction materials, right-of-
way and easement widths, and other matters.
GS 4: Manage the
municipal solid waste
stream in an efficient and
sanitary manner
4.1: Provide adequate
services
b. Monitor population and growth patterns and
projects in planning for new facilities and resources
GS 5: Manage stormwater
run-off to reduce soil
erosion and flooding
5.1: Develop a cost-
effective and
environmentally sensitive
storm water facility master
plan
a. Encourage new development to retain storm water
runoff on-site.
b. Limit the amount of impervious surfaces allowed in
new development
c. Encourage residents and businesses to manage
storm water on-site
d. Limit development on steep slopes
GS 7: Identify financial
strategies to deliver
community services and to
develop public buildings
and utility systems
7.1: Manage the cost of
providing public services in
the community
a. Encourage compact development in order to reduce
the cost of providing public services.
7.2: Approve plans to
develop adequate public
facilities to serve existing
development and future
growth
b. Use neighborhood plans; identify the locations of
proposed land uses, arterial and collector streets,
parks and public lands, and major public facilities.
RECREATION CHAPTER
GOAL OBJECTIVE POLICY
R 1: Broaden recreational
opportunities
1.1: Maintain existing and
future parks
a. Encourage volunteerism and participation in local
recreation programs
c. Develop and maintain access to the public lands
surrounding the city
d. Landscape public spaces in a manner that improves
community image where possible.
1.2: Create new parks and
recreational facilities to
serve both new
development in existing
communities and new
communities
a. Educate developers about the park system plan, the
benefits of parks and trails, and the role they are
expected to play in their developments including park
land reservations and fees-in-lieu thereof.
c. Encourage the creation of neighborhood parks in
conjunction with large-scale residential development
and as part of the neighborhood refinement process.
R 3: Create a Park and
Recreation System Master
Plan that would include
standards for the
following:
3.1: Develop a park master
plan that locates path
systems, park locations,
bicycle routes, and other
facilities.
c. Establish multi-use paths, bike routes, and bike
lanes to connect existing and future parks with
schools, residential and commercial areas, and transit
stops.
3.2 Develop park and
recreational facilities to
meet minimum
b. Develop parks to be versatile and flexible to
accommodate diverse and changing user groups over
time.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
requirements and design
standards
NATURAL RESOURCES CHAPTER
GOAL OBJECTIVE POLICY
NR 2: Protect groundwater
and surface water from
pollution
2.2: Conserve water a. Educate the public about water conservation
measures including xeriscaping, the use of drought
tolerant landscaping.
NR 3: Protect air from
pollution
3.1: Help citizens reduce
their reliance on
automobile and the
number of daily vehicle
miles traveled
a. Require new streets to connect with other streets
b. Require the consideration of transit access in
subdivision review
c. Require the inclusion of bicycle and pedestrian
systems during subdivision review and development
to support alternate modes of transportation.
d. Provide a mix of land uses, a more connected street
network, and alternative modes of transportation,
including buses and shuttles.
NR 4: Minimize the impact
of new development on
natural features
4.1: Protect and enhance
designated significant
streams, riparian areas,
and wetlands and
associated buffers within
the city limits
a. Identify and protect significant water resource
features
4.2: Protect and maintain
critical wildlife habitat,
significant natural
features, and other
sensitive lands within the
City
a. Identify and protect sensitive lands within the City
b. Maintain riparian vegetation along streams,
wetlands, and water bodies to benefit wildlife
4.3: Protect steep slopes
from erosion and
destruction during
development
a. Prevent and/or mitigate hillside damage during
development
b. Manage hillside development to benefit slope
stability, storm drainage management, wildfire
protection, and aesthetics
NR 5: Preserve farmland
within the region
5.1: Preserve prime
farmland for productive
agricultural use for as long
as practical
e. Judiciously use zoning to protect agricultural and
mineral resource lands
HOUSING CHAPTER
GOAL OBJECTIVE POLICY
H 1: Respond to housing
needs
1.1: Ensure an adequate
supply of land for
residential development
a. Plan for a variety of housing types
1.2: Protect residential
property values
a. Use a combination of zoning, development
standards, site planning guidelines, and transportation
routes to protect residential property values. They will
be used to create the highest level of compatibility
between adjacent uses possible which retaining a
synergistic mix of uses within neighborhoods and
communities.
b. Diligently enforce city codes and ordinance on junk,
property maintenance, and other nuisance situations
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
c. Create and enforce development standards that
increase the requirements for services and amenities
as project density increases.
H 3: Encourage more
dense residential
development patterns
within the City
3.2: Encourage more dense
residential developments,
generally meeting the
following criteria, in all
areas of the city
a. Single-family attached: Structures such as
townhouses or rowhouses. Generally acceptable
anywhere a single family residential unit is permitted.
b. Two-family dwellings: Generally acceptable
anywhere a single family residential unit is permitted.
Encourage designs that appear to be a single unit.
c. Multi-family: Encourage small garden apartment
complexes adjacent to neighborhood commercial
centers. Encourage larger apartment complexes in
conjunction with general commercial centers or
adjacent to neighborhood parks.
ECONOMIC DEVELOPMENT CHAPTER
GOAL OBJECTIVE POLICY
ED 1: Diversity and
strengthen the economic
base
1.3: Plan land areas for
diverse uses
ED 2: Centralize
commercial activities
2.2: Identify future
potential commercial
areas in future growth and
development
a. Allow future commercial growth to occur within new
neighborhoods in a manner that is consistent with
community design principles defined in Chapter 6
Community Design.
SCHOOL LOCATION AND TRANSPORTATION CHAPTER
GOAL OBJECTIVE POLICY
SL 1: Deliver our children
safely to school
1.1 Improve the safety of
Chubbuck’s streets
1.2: Create opportunities
for children to walk safely
to school
a. Establish a system of paths, sidewalks, bike lanes
and routes that permit safe access to city schools.
b. Consider pedestrian access to nearest school during
site plan review.
c. Require sidewalks on both sides of public streets.
1
Contents
Chapter 18.34: Creative Community - Harvest Springs Zoning District (CC-HS) ................ 1
18.34.010: APPLICABILITY; PURPOSE AND INTENT; ....................................................... 1
18.34.020: DEFINITIONS: ......................................................................................................... 5
18.34.030: MAXIMUM AND MINIMUM BUILD-OUT DENSITY AND OCCUPIED
FLOOR AREA; OPEN SPACE REQUIREMENTS .................................................................. 6
18.34.040: SCHEDULE OF GENERAL CONTROLS; LAND USE CHART .......................... 7
18.34.050: SCHEDULE OF GENERAL CONTROLS; BULK, LANDSCAPE, AND DESIGN
STANDARDS ........................................................................................................................... 15
18.34.060: GENERAL CONTROLS ........................................................................................ 18
18.34.070: PARKING STANDARDS ...................................................................................... 20
18.34.080: SIGNAGE STANDARDS ...................................................................................... 22
18.34.090: LANDSCAPING STANDARDS ........................................................................... 22
18.34.100: STREET STANDARDS ......................................................................................... 24
18.34.110: PARKS AND OPEN SPACE ................................................................................. 25
18.34.120: PLAN AND AGREEMENT CHANGES; ADMINISTRATION .......................... 27
Chapter 18.34: Creative Community - Harvest Springs Zoning District (CC-HS)
18.34.010: APPLICABILITY; PURPOSE AND INTENT; RELATIONSHIP TO OTHER
LAND USE AND DEVELOPMENT CONTROLS AND CODES; CHAPTER SUPERSEDES
PORTIONS OF CODE AS DESCRIBED
A.This chapter reflects the approved Master Development Plan (“MDP”) for the Harvest
Springs Creative Community zoning district as defined by municipal code section
18.08.010K and in accordance with municipal code chapter 18.21, and as described in this
chapter.
B.Boundary Legal Description:
A parcel of land located in Section 35, Township 5 South, Range 34 East, Boise Meridian,
Bannock County, Idaho described as follows:
Beginning at the South ¼ corner of Section 35, said point being monumented by a
3/4” diameter iron rod with top marked 35/2 per corner perpetuation recorded as Instrument
No. 20520350 in the official records of Bannock County; thence North 0°06’55” East,
(basis of bearing per the East zone of the Idaho State Plane Coordinate System) along the
East boundary line of a parcel of land belonging to Andrew David Stoddard & Brooklyn
Jayne Stoddard as described in warranty deeds recorded as Instrument Nos. 21514658-9,
the same being the longitudinal centerline of Section 35, a distance of 2650.69 feet to the
2
Northeast corner of said parcel of land, said point being the center 1/4 corner of Section
35, being monumented by a 5/8” by 30” rebar with aluminum cap per corner perpetuation
recorded as Instrument No. 20616613 in the official records of Bannock County; thence
North 89°48’40” West, along the North boundary lines of the Stoddard parcel, a parcel of
land belonging to Terrence J. Merzlock & Olivia G. Merzlock as described in warranty
deed recorded as Instrument No. 20405858, and the North boundary line of a parcel of land
belonging to the Jeffery D. Driscoll or Julie P. Driscoll revocable trust as described in
quitclaim deed recorded as Instrument No. 21806673 in the official records of Bannock
County, the same being the latitudinal centerline of Section 35, a distance of 1585.80 feet
to a point on the centerline of the Hiline canal; thence following along the said centerline
as shown on record of survey for the Adams Company recorded as Instrument No.
20900258 in the official records of Bannock County over the following five (5) courses: 1.
North 0°35’06” East a distance of 1029.73 feet; 2. North 9°31’31” East a distance of 808.83
feet; 3. North 18°21’19” East a distance of 318.85 feet; 4. North 26°17’16” East a distance
of 314.45 feet; 5. North 13°11’58” East a distance of 241.08 to a point on the North line of
said Section 35; thence South 89°46’49” East, along the North line of Section 35, a distance
of 1152.05 feet to the North 1/4 corner of Section 35, said point being a point on the West
boundary line of Prairie Estates Subdivision, a subdivision recorded as Instrument No.
20721291 in the official records of Bannock County; thence following along the West and
South boundary lines of Prairie Estates Subdivision over the following two (2) courses: 1.
South 0°06’55” West a distance of 1323.73 feet; 2. South 89°48’18” East a distance of
2384.09 feet more or less to the West right-of-way line of Interstate 15; thence following
along the West right-of-way line of Interstate 15 per Federal Aid Project Nos. I-15-2(3)71
& i-15-2(1)72 over the following eight (8) courses: 1. South 19°06’42” West a distance of
121.71 feet to a point of nontangency with a 11659.16 foot radius curve, the center of which
center bears South 70°49’38” East; 2. following along said curve to the left through a
central angle of 0°20’19” for an arc length of 68.88 feet (the chord of said curve bears
South 19°00’13” West a distance of 68.88 feet) to a point of nontangency; 3. South
4°30’14” West a distance of 208.59 feet to a point of non-tangency with a 11609.16 foot
radius curve, the center of which bears South 72°09’48” East; 4. following along said curve
to the left through a central angle of 9°30’09” for an arc length of 1925.37 feet (the chord
of said curve bears South 13°05’08” West a distance of 1923.16 feet) to a point of
nontangency; 5. South 21°40’02” West a distance of 209.14 feet; 6. South 6°50’03” West
a distance of 203.49 feet; 7. South 11°58’04” East a distance of 162.34 feet; 8. South
5°34’22” West a distance of 103.75 feet to a point on the Westerly boundary line of a parcel
of land belonging to the City of Chubbuck as described in warranty deed recorded as
Instrument No. 21813722 in the official records of Bannock County; thence following
along the Westerly boundary lines of said parcel of land over the following three (3)
courses: 1. South 19°36’39” West a distance of 102.90 feet, more or less; 2. South 9°23’19”
West a distance of 736.69 feet; 3. South 21°19’00” West a distance of 243.43 feet to a point
on the South line of said Section 35; thence North 89°51’08” West, along the South line of
Section 35, a distance of 1556.95 feet to the point of beginning. Containing 267.07 acres,
more or less.
C.Intent and Purpose: The intent and purpose of this zoning district is to further the specific
intent of the Creative Community district as set forth in municipal code 18.21.010 and to
specifically address the following goals:
3
1.A Place, a Vision, and an Opportunity: A goal of the Community Builder and the City
is that Harvest Springs captures the spirit of community by incorporating modern new
layout and design techniques. Through comprehensive site planning, building form and
detailing, and landscaping, Harvest Springs draws from the architectural elements of
old world design and reinterprets them in a sophisticated modern way utilizing sound
design principles. This design direction executed in a vibrant, mixed-use environment
establishes Harvest Springs as a truly memorable community. Lending to this vibrancy
are the public spaces in the Harvest Springs community plan and their ability to
accommodate a wide range of activities. These may include but are not limited to events
and activities such as water events at the Harvest Springs Lake, dog park, “tot” area
with splash pad, interactive street art, and a community garden. Christmas tree
lightings and other seasonal or holiday events, smaller live “park” setting
performances, poetry readings, and retail or restaurant events such as “A Taste of
Harvest Springs” in the Town Center area; and Retail and dining activities are
encouraged to flow out onto the sidewalks in the Town Center on a daily basis. Live
entertainment is allowed and encouraged in restaurants. The combination of the
character of the architecture and public spaces in Harvest Springs, along with the
activities and events that bring people to those spaces, creates the strong sense of place
that will enrich the lives of all residents of Chubbuck.
2.Fulfill the City’s Creative Community Public Benefit Objectives: A goal of the
Developer (“Community Builder”) and the City is that construction of The Harvest
Springs MDP, consistent with the MDP Approval and this Chapter, will fulfill the
public benefit objectives outlined in chapter 18.21.
3.Create Employment Opportunities: A goal of the Community Builder and City is to
provide Commercial, Retail, Office, and Light Industrial opportunities that are well-
integrated into the Harvest Springs zoning district, that promote the creation of jobs
and commerce, that are flexible to market conditions and that provide the opportunity
for the newly created households and residents to have a place to work and shop. The
Community Builder will also provide mixed-use opportunities to create meaningful
village centers that support local business activity and employment opportunities.
4.Create a Mix of Land Uses: A goal of the Community Builder and City is to develop a
mix of uses within the Harvest Springs zoning district that complements the range of
existing and planned uses within the City; respects the character of adjacent
neighborhoods; and utilizes existing availability and planned capacity of urban
services, access opportunities, and infrastructure systems located in proximity to the
district.
5.Protect the Environment: A goal of the Community Builder and City is to create a
creative community that seeks to protect the naturally constrained areas of the zoning
district and surrounding area, including stream beds, hillsides, and surface and
groundwater resources, through master planning concepts and, to the extent feasible,
through Low Impact Development technologies.
4
6.Create a Fiscally-Sound, Economically-Viable Community: A goal of the Community
Builder and City is to create an economically-viable Creative Community that provides
Office, Retail, Light Industrial, and other Commercial uses; preserves open spaces and
integrates open space corridors; provides recreational opportunities, necessary public
facilities, and a wide range of residential opportunities. The Community Builder and
City seek to ensure that these elements of the Harvest Springs zoning district are
fiscally sound and sufficient so they can aid in minimizing necessary up-front
infrastructure cost and upgrades as well as generate an adequate financial return to
justify the risk and cost of local and regional improvements to transportation, water,
sewer, and stormwater facilities. Opportunities to create positive fiscal performance
that are mutually beneficial to the City and Community Builder are to be pursued
7.Provide a Range of House Types and Lifestyles Opportunities: A goal of the
Community Builder and City is to provide within the Harvest Springs zoning district a
range of residential and lifestyle opportunities at urban densities within the City that
adequately responds to dynamic market factors over time, is accessible to all economic
segments of the population, and contributes to the City targets for accommodating
growth under the comprehensive plan.
8.Built-In Flexibility: A goal of the Community Builder and City is to create a
community with the flexibility to quickly respond and adapt to new and/or innovative
technology, construction methods and materials, land uses, housing types and
businesses. Recognizing that the future may include advances in these areas that do not
currently exist and that may prove to be fiscally or environmentally beneficial to the
Community Builder and City, the City shall allow flexibility in the use of new and/or
innovative technologies, construction methods and materials, land uses, housing types
and businesses that meet or exceed the design standards and guidelines throughout the
Harvest Springs MDP.
9.Sustainability: A goal of the Community Builder is to integrate Low Impact
Development techniques within the Harvest Springs zoning district in order to create a
community that is more livable, walkable, and sustainable for current and future
residents. Potential techniques include, but are not limited to, Low Impact
Development, recycling, and water conservation.
10.Make Development Decisions Predictable, Fair and Cost- Effective: A goal of the
City is to provide certainty, predictability and a stream-lined process for the review
and approval of Phases and Neighborhoods that are consistent with and implement
this district.
D.Relationship to other land use and development controls and codes; Chapter supersedes
portions of code as described:
1.With the establishment of this zoning district, modifications from municipal code are
allowed with the Harvest Springs zoning districts as applicable.
2.Where there appears to be a conflict between these standards and any other sections of
city code, the requirements set forth in this zoning district prevail. This district does
not prevail over life safety codes.
5
18.34.020: DEFINITIONS:
Assembly, Place of: The use of land for a meeting place where persons gather together for
purposes of attending civic, social, religious functions, recreational events or entertainment
performances on a regular or recurring basis including, but not limited to, religious institutions,
banquet facilities, funeral homes, theaters, conference centers, stadiums, or indoor or outdoor
recreational facilities, but excludes a "cultural facility" as defined by this chapter. A gathering of
less than twenty five (25) persons shall not be considered a place of assembly provided the
gathering is accessory and incidental to the principal use.
Bed and Breakfast: An owner-occupied residence which has a maximum of three guest units
within a single-family dwelling, the owners of which serve breakfast to guests
Common Access Easement Configuration: An easement created for the purpose of providing
vehicular or pedestrian access to a property, such as to allow two or more residences to have access
via a singular common private drive or walkway, or easements across common areas where
walkways are located to grant access (pedestrians/bicyclists) to properties that front the common
area.
Community Builder: The developer of the Harvest Springs Creative Community who maintains
ownership/control during the planning and development stage to ensure that the development is
achieved in a unified manner consistent with the approvals and standards within the district. The
Community Builder designation may be amended if the purchaser submits a notarized letter to the
Public Works Director stating that he/she has reviewed all documents relating to the approvals and
that they agree to comply.
Courtyard: An unoccupied, open, and unobstructed court that opens onto a street, providing
access to two or more single-family detached dwellings occupied and arranged around two or more
sides.
Cultural Facility: A building or site providing for display, performance, or enjoyment of heritage,
history, or the arts. This includes but is not limited to museums, art galleries, and libraries by a
public, private, or nonprofit facility. This does not include commercially-operated theaters.
Duplex: A single building containing two individual dwellings on one parcel. They may be side
by side or up and down (see also Twin Home).
Industrial, Heavy: Manufacturing or other enterprises with significant external effects, or which
pose significant risks due to the involvement of explosives, radioactive materials, poisons,
pesticides, herbicides, or other hazardous materials in the manufacturing or other process.
Industrial, Light: Any operation which assembles, improves, treats, compounds, or packages
goods or materials in a manner which does not create a noticeable amount of noise, dust, odor,
smoke, glare or vibration outside of the building in which the activity takes place, which does not
require outside storage or goods or materials, and which does not generate objectionable amounts
of truck traffic.
Land Use Designation Area: A land use category area within the zone with distinct, separate
standards established by this chapter and as shown on the master development plan. Land Use
Designation Area is not to be interpreted as a strict zoning boundary and may be amended as
provided for by this chapter.
6
Lot, Flag: A lot that has access to a public or private right-of-way by means of a narrow strip of
land.
Lot, Irregular: Irregular lots are defined as non-rectangular, lots with three sides and/or pie-
shaped, or lots with more than four sides and require special measurement techniques in order to
achieve the purpose of the specific setbacks.
Lot, Z: Parcels with lot lines that are zig-zagged to provide more space between homes for useable
side or rear yards, and/or which allow side windows to capture wider views of the outdoors, as
opposed to a zero-lot line development wherein houses are commonly lined up next to each other
with limited views.
Open Space: An area within a development designed and intended for the use or enjoyment of all
residents of the development or for the use and enjoyment of the public in general.
Short-term Rental: The rental or lease of any unit or structure or portion for a period of not more
than thirty (30) days.
Single-family Dwelling, Detached: A dwelling that is not attached to any other dwelling,
excluding accessory dwellings.
Single-family Dwellings, Attached: Dwellings that are individually owned and share a common
wall with adjacent dwellings, such as condominiums, townhomes/townhouses, and twin homes.
Triplex: A building containing three individual dwellings. Accessory dwelling units are not
included in this definition.
Twin Home: A single building containing two individual dwellings on separate parcels, side by
side with a common wall between them (see also Duplex).
Quad-plex: A building containing four individual dwellings. Accessory dwelling units are not
included in this definition.
Zero-lot Line Development: The location of a building on a lot in such a manner that one or more
of the building’s sides rest directly on a side lot line.
18.34.030: MAXIMUM AND MINIMUM BUILD-OUT DENSITY AND OCCUPIED FLOOR
AREA; OPEN SPACE REQUIREMENTS
A.The Harvest Springs zoning district will provide a mixture of uses include: residential,
commercial, office, light industrial, retail, educational, civic, and recreational uses such as
trails, parks, and open space.
B.Maximum and Minimum Number of Residential Units; A maximum of 1,375 residential
units are permitted within the zoning district including 625 single-family units (single-
family dwelling, single-family attached including townhomes or duplexes, triplex, or
quadplex) and 750 multi-family units (structures containing greater than five residential
units). To meet the overall net residential density requirement of section 18.21.020C and
the minimum established through the MDP approval process, in no instance shall the
7
district be built out to contain fewer than 900 residential units. Accessory dwelling units
shall not count toward the density calculations of this section. To ensure that the
Community Builder will fulfill the residential density requirements of this district, the
Public Works Director shall establish a mechanism by which to track platted lots and to
track current densities and may require that future developments contain greater densities
than proposed by the Community Builder. Accessory dwelling units do not count toward
the maximum number of dwelling units.
C.Maximum Square Feet of Occupied Floor Area for Non-Residential Uses: There is no
restriction on maximums square feet occupied floor area for non-residential uses provided
that City utilities and services are adequate to serve the area without negatively impacting
the ability to serve other planned or existing areas in or near the City.
D.Open Space Minimum Area Requirement: At least 49 acres of open space are required
within the district. Development of the open space areas shall be at least proportional to
the development area (e.g., if a plat contains 15% of the land area in the district, there shall
be built or existing, at least 15% of the proposed open space in the district); however,
recognizing that market or development patterns may cause a need to deviation from this
requirement, a deviation may be granted through the design book approval process. For
purposes of this zoning district, open space amenities as approved through the MDP are
found in Exhibit ___.
18.34.040: SCHEDULE OF GENERAL CONTROLS; LAND USE CHART
A.General controls for the zoning district are set forth in the schedule below. Specific uses
are permitted where indicated in the schedules by the letter "P". Where the letter "C"
appears, it denotes a use allowed in the district in question only upon issuance of a
conditional use permit as herein provided. An "X" indicates that the use is neither allowed
nor conditionally permitted. An “R” indicates a restriction on that use. Because no list can
be all encompassing, decisions on uses will be rendered by the Public Works Director with
appeal to the Land Use and Development Commission as a business item available to the
applicant. In making a determination of use, the Public Works Director shall consider
similar uses listed in the chart below, the character of the surrounding neighborhood, and
characteristics of the proposed use.
B.All non-residential uses/projects and residential uses/projects with structures containing
more than 5 dwellings shall be subject to the City’s Design Review Committee review and
approval.
C.Land Use Designation Areas Defined: Within the Harvest Springs zoning district are four
(4) land use designation areas with specific uses permitted, conditionally permitted, or
prohibited by this section. Whereas land uses may differ between the district and the private
covenants, all applications for new or modified uses within the zoning district must be
submitted with a recommendation from the reviewing body of home owners association.
These land use designation areas are adopted as Exhibit ___ of this chapter and prior to
design book and platting, are to be interpreted as not being hard, definite boundaries but
are rather, flexible to accommodate needs related to topography and grade, lot layout and
8
plat design, or other elements that may be identified during the platting process. Land Use
Designation Areas are as follows:
1.Residential (R): This land use area is designed for comparatively low to medium
density development that emphasizes residential (single and multi-family) use, but
also may include appropriately scaled office, commercial, public/semipublic and
recreation/open space uses. Home occupations may be allowed as defined.
2.Village (V): This land use area is designed for medium to high density mixed use
development that includes residential (single- and multifamily), office,
commercial, public/semipublic, recreation/open space uses, and certain compatible
light industrial uses without a predetermined emphasis on any single use.
3.Town (T): This land use area is designed for office, commercial and recreational
uses, but also includes residential (single- and multi-family), public/semipublic,
open space, and certain compatible light industrial uses.
4.Business and Research Park (BRP): This land use area is designed to accommodate
(but not require) a mixture of all uses: residential (single- and multi-family), office,
commercial, light industrial, recreational and public/semipublic uses. The principal
land use in this category should be office, commercial and light industrial.
D.Land Use Charts:
1.Residential (R) Land use Designation Area
Use Permission Restriction
Residential
Single-family (detached) P
Single-family (attached) P
Duplex, Triplex, Quadplex R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process.
Multi-family (5+ units) R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process.
Accessory dwelling units P
Home Occupation, minor R Permitted unless objections by any
person as set forth in
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Home Occupation, major R Permitted unless objections by any
person as set forth in
9
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Model homes/Sales office P
Mixed use building (such
as commercial ground floor
& residential above)
X
Commercial
Auto sales X
Gas stations X
Sexually-based businesses X
Storage facilities X
Off-street parking facilities R Off-street parking is limited to
surface or sub-surface parking lots.
Parking lots must be set back 10 feet
from sidewalks and be lined with
buildings or a vegetative buffer.
Parking lots between buildings and
functionally classified collector and
arterial streets are prohibited unless
justified through the applicable
review process.
General Office R See all other commercial uses
Personal and Professional
Services
R See all other commercial uses
All other commercial uses R Tenant spaces are limited to 5,000 sf
max.
Lodging
Hotel/Motel X
Short-term Rental P
Bed and Breakfast C
Industrial
Heavy Industrial X
Light Industrial X
Civic/Institutional
Assembly, Place of C; R Limited to size not to exceed 30,000
sf
School (public or private) C
Agriculture
Agriculture (except
livestock)
P
Livestock R As described and regulated in
municipal code 9.20.070-120, except
that section 9.20.110 is amended in
this zoning district to permit
chickens within the rear yard of any
single-family unit as described in
this Chapter, regardless of land use
designation area; and that all
10
livestock must be accessory to a
primary residential use only.
2.Village (V) Land use Designation Area
Use Permission Restriction
Residential
Single-family (detached) P
Single-family (attached) P
Duplex, Triplex, Quadplex R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process.
Multi-family (5+ units) R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process;
Accessory dwelling units P
Home Occupation, minor R Permitted unless objections by any
person as set forth in
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Home Occupation, major R Permitted unless objections by any
person as set forth in
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Model homes/Sales office P
Mixed use building (such
as commercial ground floor
& residential above)
P
Commercial
Auto sales X
Gas stations X
Sexually-based businesses X
Storage facilities R Permitted only when form and design
are consistent with the district and/or
neighborhood’s architectural theme
and as recommended by the
community’s architectural review
committee.
Off-street parking facilities R Off-street parking is limited to
surface parking lots. Surface parking
lots must be set back 10 feet from
sidewalks and be lined with buildings
or vegetative buffer. Parking lots
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between buildings and functionally
classified collector and arterial streets
are prohibited unless justified through
the applicable review process.
General Office R See all other commercial uses
Personal and Professional
Services
R See all other commercial uses
All other commercial uses R Supermarket and grocery stores are
limited to 15,000 sf max. Personal
services provided primarily to
neighborhood residents are limited to
10,000 square feet per tenant.
Lodging
Hotel/Motel X
Short-term Rental P
Bed and Breakfast C
Industrial
Heavy Industrial X
Light Industrial X
Civic/Institutional
Assembly, Place of C; R Limited to size not to exceed 30,000
sf
School (public or private) C
Agriculture
Agriculture (except
livestock)
P
Livestock R As described and regulated in
municipal code 9.20.070-120, except
that section 9.20.110 is amended in
this zoning district to permit chickens
within the rear yard of any single-
family unit as described in this
Chapter, regardless of land use
designation area; and that all
livestock must be accessory to a
primary residential use only.
3.Town (T) Land use Designation Area
Use Permission Restriction
Residential
Single-family (detached) P
Single-family (attached) P
Duplex, Triplex, Quadplex R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process.
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Multi-family (5+ units) R Permitted only when designed to
have an outward appearance of a
single-family dwelling unless a
design deviation is granted as part of
the design book approval process.
Accessory dwelling units P
Home Occupation, minor R Permitted unless objections by any
person as set forth in
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Home Occupation, major R Permitted unless objections by any
person as set forth in
section 18.12.032 of this title, in
which case the matter is treated as a
conditional use permit.
Model homes/Sales office P
Mixed use building (such
as commercial ground floor
& residential above)
P
Commercial
Auto sales X
Gas stations X
Sexually-based businesses X
Storage facilities R Permitted only when form and design
are consistent with the district and/or
neighborhood’s architectural theme.
Off-street parking facilities R Surface parking lots must be set back
10 feet from sidewalks and be lined
with buildings or vegetative buffer.
Parking lots between buildings and
functionally classified collector and
arterial streets are prohibited unless
justified through the applicable
review process.
General Office P
Personal and Professional
Services
P
All other commercial uses R The following restrictions apply:
1.Building footprint must not be
larger than 35,000 sq. ft. Larger
buildings may be permitted by
CUP.
2.Drive-thrus and access lanes
between buildings and
sidewalks are not permitted.
3.Storage of non-retail materials
and making, assembling,
remodeling, repairing, altering,
finishing, or refinishing of its
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products or merchandise is
permitted provided: a. These
activities are completely
screened within the premises
occupied by the establishment.
b. These activities are clearly
accessory to sales and display
activities.
Lodging
Hotel/Motel P
Short-term Rental P
Bed and Breakfast C
Industrial
Heavy Industrial X
Light Industrial C
Civic/Institutional
Assembly, Place of C
School (public or private) C
Government facility
(excluding critical
infrastructure)
C
Media P
Agriculture
Agriculture (except
livestock)
P
Livestock R As described and regulated in
municipal code 9.20.070-120, except
that section 9.20.110 is amended in
this zoning district to permit chickens
within the rear yard of any single-
family unit as described in this
Chapter, regardless of land use
designation area; and that all
livestock must be accessory to a
primary residential use only.
4.Business and Research Park (BRP) Land use Designation Area
Use Permission Restriction
Residential
Single-family (detached) X
Single-family (attached) X
Duplex, Triplex, Quadplex R Permitted only when
designed to have an
outward appearance of a
single-family dwelling
unless a design deviation
is granted as part of the
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design book approval
process.
Multi-family (5+ units) R Permitted only when
designed to have an
outward appearance of a
single-family dwelling
unless a design deviation
is granted as part of the
design book approval
process.
Accessory dwelling units P
Home Occupation, minor R Permitted unless
objections by any person
as set forth in
section 18.12.032 of this
title, in which case the
matter is treated as a
conditional use permit.
Home Occupation, major R Permitted unless
objections by any person
as set forth in
section 18.12.032 of this
title, in which case the
matter is treated as a
conditional use permit.
Model homes/Sales office P
Mixed use building (such
as commercial ground floor
& residential above)
P
Commercial
Auto sales P
Gas stations P
Sexually-based businesses X
Storage facilities R Permitted only when
form and design are
consistent with the
district and/or
neighborhood’s
architectural theme.
Off-street parking facilities R Parking lots between
buildings and
functionally classified
collector and arterial
streets are prohibited
unless justified through
the applicable review
process.
General Office P
Personal and Professional
Services
P
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All other commercial uses P
Lodging
Hotel/Motel P
Short-term Rental P
Bed and Breakfast C
Industrial
Heavy Industrial X
Light Industrial P
Civic/Institutional
Assembly, Place of C
School (public or private) C
Government facility
(excluding critical
infrastructure)
C
Media P
Agriculture
Agriculture (except
livestock)
P
Livestock X
18.34.050: SCHEDULE OF GENERAL CONTROLS; BULK, LANDSCAPE, AND DESIGN
STANDARDS
A.Lot Size and Width: Lot sizes within the district are dictated by product type, setbacks,
and other specific lot standards described in chapter. An implementing Project must meet
the density requirements set forth in section 18.34.030 of this chapter, and lots must be of
sufficient size to meet dimensional standards of this section for their intended use.
B.Setbacks:
1.Chart:
Required Setbacks 4, 5, 7
Land Use Front
Yard 1
(Min. –
Max)
Side
Yard
Side
Yard
@
Corner
Lot
Rear
Yard
Garage
(Street
Loaded) 2
Garage
(Alley
Loaded) 3
Residential 10’-25’ 6’ 10’ 5’ 15’ 5’
Village 10’-25’ 6’ 10’ 5’ 15’ 5’
Town 6 10’-25’ 6’ 10’ 5’ 15’ 5’
Business
and
Research
Park 6
10’-25’ 6’ 10’ 5’ 15’ 5’
Notes:
1.Front Yard is the area of the structure that faces either on a public street or
green court. Front yard is measured from the back of sidewalk, courtyard path,
or walkway; distance is measured from the closest edge of building materials
16
(e.g., if dwelling has front porch, the front porch shall be used to determine
distance; if dwelling does not have front porch, the closest edge of the
structure facing the front shall be used). Front yard maximum setback may be
increased where necessary due to topography.
2.Setbacks for street-loaded garages are measured from the front of the dwelling
as defined in Note 1.
3.Setbacks for alley-loaded garages are measured from the edge of the alley
right-of-way (private or public).
4.Note that Side Yard Setback does not apply to the common wall on
townhome, duplex, other similar attached dwellings or alternative lot
configurations as provided in this section.
5.Use easements may be utilized for provision of private yards.
6.Nonresidential uses and/or structures have no minimum side or rear yard
setback requirements; there may be no minimum front yard setback provided
that it can be successfully demonstrated that pedestrian or vehicular travel is
not negatively impacted.
7.Allowed Encroachments:
a.Uncovered decks, patios, walkways, and other minor structural elements
less than 30 inches in height; and fences seven (7) feet in height or less;
are exempt from setback requirements.
b.Retaining walls, rockeries and heat pumps and other similar
mechanical/landscape features are allowed within setbacks.
c.Balconies above the first floor may intrude into Setbacks up to 2 feet
subject to applicable construction codes.
d.Chimneys and fireplaces, accent walls or pilasters, bay windows, eaves
and other similar minor structural or architectural elements may encroach
up to 2 feet into Setbacks subject to applicable construction codes.
2.Setbacks are measured from the outside wall of the foundation of a structure to
the property lines in a perpendicular fashion unless otherwise stated herein.
3.Irregular Lots: Setbacks for irregular lots as defined shall be as follows:
a.Front: Front setbacks shall be measured from the property line that abuts
the street from which the lot is addressed or takes primary access.
b.Rear: In the case of an irregularly shaped lot, a ten-foot line which is within
the lot and parallel to and most distant from the front lot line shall be
considered the rear lot line. For an alley loaded lot, the Setback is measured
from the lot line closest from the alley.
c.Side: All lot lines, which are not front or rear lot lines, shall be considered
side lot lines.
d.Pie-Shaped Lots: Setbacks on pie-shaped lots shall be measured at the
closest point between the proposed building and the angled lot line,
perpendicular to that lot line.
e.Cul-De-Sac Lots: Setbacks shall be taken from the nearest proposed
foundation corner, and measured perpendicular to the property lines.
f.Flag Lots: A flag lot is a lot so shaped that the building area (the “flag”) is
not adjacent to the street or alley on which the lot fronts, and which
17
includes an access strip (the “pole”) connecting the building area to the
street or alley. Setbacks shall be applied at the enlarged area of the lot
(“flag”), and front (or false front) setbacks shall be a minimum of ten feet
(10’) and side yard setbacks shall be a minimum of six feet (6’); whereas
rear setbacks shall be a minimum of five feet.
C.Alternative Lot Configurations: In order to promote creative and unique site designs,
alternative lot configurations are allowed within the Harvest Springs MDP. Alternative
lot configurations include, but are not limited to:
18
1.Zero lot line developments
2.“Z” lot configurations
3.Common access easements configurations
4.Courtyard
D.Deviations from Dimensional Standards: The following deviations from dimensional
standards may be allowed by the City:
1.Front and side yard setbacks set by this chapter for residential structures may be
administratively reduced up to a maximum of ten percent (10%) provided that the
deviation does not result in a garage with a front yard setback of less than twenty
feet (20’) from the property line.
E.Building Height:
Land Use Maximum Height (in stories) 1, 2
Residential 2
Village 3
Town 4
Business and Research Park 4
1.Stories are the number of stories above grade at the front of the structure street
level. This does not restrict walkout basements for non-street fronting structure
areas.
2.The City Council may approve greater building heights than shown in the table
above if it identifies site or design characteristics that are unique to the
development such as size, scale, topography, or development amenities (e.g.,
rooftop gardens), that justify allowing greater building heights. Approved
structures with additional height may be required to employ suitable "step back"
architecture and other architectural features that create a development that is built
at the human scale, and is pedestrian friendly and architecturally diverse.
18.34.060: GENERAL CONTROLS
A.Building Areas To Be Unencumbered: Buildable areas must be unencumbered by setbacks,
public easements, and other physical constraints (such as topography or similar features).
B.Clustering: Buildings shall be clustered to preserve scenic or environmentally sensitive
areas in the natural state, or to consolidate small open spaces into larger, more usable areas
for common use and enjoyment. Clustered areas shall be carefully designed to abut upon
common open space or recreational amenities. Commercial developments shall be planned
19
as groups having common parking areas and common ingress and egress points in order to
reduce the number of vehicle and bike/pedestrian conflict point locations.
C.Like Uses To Face Like Uses: Where possible, "like land uses" shall face "like land uses" or
open space, i.e., retail across the street from retail, townhomes from townhomes, etc.
D.Fencing along Sidewalks and Streets Discouraged; Standards for When Used: To facilitate a
visually open public realm, unless otherwise required by this chapter, fencing along
sidewalks or streets, excluding alley ways, is strongly discouraged. Where such fencing is
used however, fencing plans which include heights, materials, and designs, shall be
reviewed as part of the design book review process and the City may impose necessary
conditions of approval in order to satisfy the intent and purpose of this chapter and section.
E. Buffering of Nonresidential Uses from Residential Uses: Where separation is desirable
between uses, landscaped buffers are preferred over fences and walls in order to create a
more visually open look. When fences are used between uses or properties within the
development, fencing shall be compatible in color, texture, and design in relationship to
building materials. Buffering may be required by the Land Use and Development
Commission, the City Council, or Design Review Committee between uses deemed
incompatible.
F.Utilities: Underground utilities, such as telephone, fiber, and electrical systems, are required
if included in the development. Appurtenances to these systems which can be effectively
screened may be exempted from this requirement if the City finds that such exemption will
not violate the intent or character of the proposed development. However, the developer
shall make efforts to group appurtenances together so as to minimize their distribution.
G.Storage Of Recreational Vehicles, Watercraft, Trailers, Campers, Motorhomes, And Other
Utility Vehicles To Be Screened: Watercraft, trailers, campers, motor homes and other
utility or recreational vehicles shall be stored within completely enclosed, lawfully
constructed buildings or within fenced enclosures at least six feet (6') behind the front line
and the street side line of the main building on the lot or parcel in a CC Zone, except that
said vehicles may be parked temporarily in front or side yards for no longer than twenty
four (24) hours.
H.Architectural Control Committee Required: The Harvest Springs development shall provide
for, and maintain, an Architectural Control Committee to ensure that the treatment of
building mass, materials, and exterior appurtenances create aesthetically pleasing structures
and a site that is in character with, and in proportion to, other surrounding buildings, while
still providing diversity in design and neighborhood identity. The committee shall review
and approve all themes and colors prior to design review committee and building permit
application submittals to the City and to significant exterior modifications to ensure
compliance with the approved Master Development Plan and Design Book.
I.Product Mix: A variety of different residential architectural styles have been approved
through the master development plan process. Neighborhoods that have nearly identical
homes and streets without variation in product placement and form are not allowed. In order
to ensure that the neighborhood is non-repetitive, homes with the same color scheme shall
not be built on adjacent lots on the same street or on lots directly or diagonally across the
street from one another.
J.Corner Lots: Special attention should be paid to corner lots. At least one home plan per
neighborhood shall be designed specifically for corner home sites. This home plan is
required to include wrap-around architecture to provide visual interest on both the front and
20
corner side yard of the home, and the ability to turn the garage for side entry. An example
would be continuing a full-wrap of material accent onto the side facade, adding a
wraparound porch, or facing the home on a diagonal towards the intersection. Corner lot
development shall conform to product mix requirements of the previous section.
K.Entry Sidewalks and Front Porch: Single-family residences shall have building entry
sidewalks that connect directly to a street sidewalk or pathway.
L.Ground Level Aesthetics: Buildings shall be designed to relate to grade conditions with a
minimum of grading and exposed foundation walls, creating easy pedestrian access from
sidewalks, parking areas, etc. Commercial or mixed use buildings shall be designed with
contrasting ground floor architectural articulation in order to enhance street activity and
walkability. Windows, display windows, doors, and arcades must make up at least fifty
percent (50%) of street facing facades on the first story of commercial developments.
Window shapes and sizes shall be so designed to be compatible from building to building.
Tinted windows or windows with reflective film or glass are discouraged at street level.
M.Access: All lots developed for residential purposes shall have frontage along a public
roadway, or be rear-loaded with alley access, or front upon a "green court". All retail, civic,
and office buildings shall front onto streets.
18.34.070: PARKING STANDARDS
The standards for parking facilities are intended to promote vehicular and pedestrian safety and
efficient land use. Parking lot landscaping standards are provided in section 18.34.090 of this
Chapter.
A.Minimum Parking Requirements:
1.Residential uses or structures shall provide off-street parking spaces pursuant to the
chart below; Guest parking for residential uses and non-resident parking for mixed-use,
live work uses and home occupations is included within those required spaces.
Additional guest parking may be provided on-street. For mixed use projects, the
residential use portion of the structure shall satisfy the requirements of the chart below:
Required Spaces
Per UnitUse/Structure
Dwelling Unit, detached or attached less than
or equal to three dwellings 2
Dwelling Unit, attached more than three
dwellings 1.75
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Dwelling Unit, Accessory 1
Multi-family studio units 1
Group Quarters
Calculated in same manner as
non-residential uses
2.Non-residential uses: Off-street parking shall be provided to meet the demand of the
proposed land use. The applicant shall calculate this demand based on accepted
standards, such as published in the Institute of Transportation Engineer's Parking
Generation Reports. Mixed-use projects shall provide parking according to a shared
parking analysis that projects parking needs based on the peak hour of parking demand.
For example, a building with first-floor retail and office space and upper-floor
residential will be able to adjust total parking demand to address the fact that peak
residential parking demand will occur in the evening, while peak office parking demand
will occur during the day. This analysis shall be based on accepted methodologies, such
as the Urban Land Institute Shared Parking Study.
B.Parking Dimensions: Parking dimensions shall meet or exceed the following standards:
1.Spaces:
a.Standard space: 9.5 ft x 18 ft, with a 2 ft overhang permitted into non-pedestrian
areas.
b.Compact space: 8.5 ft x 16 ft, with a 2 ft overhang permitted into non-pedestrian
areas; up to 65% of total spaces may be compact.
c.Motorcycle space: 4.5 ft x 12 ft.
d.Parallel parking space: 24 ft x 7 ft.
2.Location of Parking: For single-family detached dwelling on a fee simple lot, the
parking must be provided on the lot it serves. For all other uses, the parking shall be
provided within five hundred feet (500’) of the use.
3.Drive aisle widths for parking lots with perpendicular parking is twenty-four feet (24)
minimum, and for angled parking is twenty feet (20’) minimum for two-way traffic.
C.Motorcycle and Bicycle Parking: Motorcycle and bicycle parking shall meet the
following standards:
1.All multi-family developments and non-residential uses may provide one motorcycle
space for every twenty-five (25) required automobile parking spaces in lieu of a
required automobile space.
2.All uses with 25 or more required parking spaces shall provide a designated bicycle
parking area to accommodate a minimum of five (5) bicycles. Such bicycle parking
shall provide a secure facility to which to lock bicycles and shall be located so as to
22
be reasonably convenient to the on-site use and not interfere with pedestrian or
automobile traffic. The City may require additional bicycle parking for facilities with
high expected bicycle traffic, such as schools.
18.34.080: SIGNAGE STANDARDS
A.Sign Standards Applicability: All Phases and Neighborhoods within the Harvest Springs
Community shall be subject to the definitions, standards, requirements and processes found
within this Chapter and the standards found within the Master Development Plan and
Design Book with the following standards:
1.Shopping center identification signs shall be designed with similar materials and
architectural character as the buildings within the shopping center so as to provide
a cohesive appearance.
2.A master sign plan that provides for consistent color, placement, materials and
design of all signs within the shopping center shall be submitted and approved
together with the application for the shopping center identification sign.
3.Water features, masonry, and/or landscaping should be incorporated into the design
to create visual interest.
4.Signs may be indirectly lit or have internally illuminated channel letters. Internally
illuminated plastic, or other similar material, faced box signs are not allowed.
5.Maximum height of shopping center identification sign is thirty feet (30’) including
its base, measured from the adjacent ground level. Signs of heights greater than
thirty feet (30’) may be conditionally permitted by the City after considering the
recommendation of the Community Builder, homeowners’ association, and/or
architectural control committee and after considering the criteria for conditional use
permits in this Title.
B.Neighborhood Identification Signs: Signs identifying each neighborhood within the MDP
shall be installed at the beginning and end of each neighborhood.
18.34.090: LANDSCAPING STANDARDS
A.Applicability: The provisions of this Section establish the landscape standards for the
Harvest Springs zoning district, and shall apply to all phases and neighborhoods within the
district except for detached single family residences, accessory dwelling units, attached
residential dwellings in buildings up to and including four (4) units, home occupations,
Temporary Uses, accessory uses, and clearing and grading associated with these uses. All
Phases and Neighborhoods, including those excepted above, are still subject to review by
the Design Review Committee.
B.Review Process:
1.A landscape plan designed or approved by either a landscape architect licensed in
the State of Idaho or Idaho State Master Gardener shall be submitted to the Design
Review Committee for review and approval.
23
2.The landscaping plans shall contain generally accepted specifications and direction
for planting and maintenance such as, but not limited to, tree and shrub planting,
staking, and soil preparation.
C.Landscape Design: Landscape design shall be consistent with the approved master
development plan/design book and guidelines of this Chapter, and be appropriate to the
intended use of the site or building.
D.Landscape Materials: New landscape materials shall include species native to the area or
non-invasive naturalized species that have adapted to those climate conditions in the
following amounts: 75% ground covers and shrubs, 50% trees. Sixty percent (60%) of plant
materials must be drought tolerant. In addition, landscaping may include water features,
rock, wood, walls, fences and other similar decorative materials and artistic features.
Playfields, playgrounds, and other similar uses are exempt from the materials requirement.
E.Right-of-Way and Associated Landscape Tracts:
1.One (1) street tree per each thirty lineal feet (30’) of street frontage is required on
all streets. In addition, trees can be staggered, and/or planted in drifts or groves so
long as the total number of required trees is provided. Street trees must be a
minimum caliper of one-and-one-half inches (1.5”) diameter at breast height.
2.Medians and planter strips shall be planted with landscape materials per section
18.34.090.D of this Chapter. Trees, shrubs and groundcovers may be planted in
drifts, or as appropriate for stormwater quality/Low Impact Development.
3.Landscaping within planter strips adjacent to parking spaces must include a low
growing plant palette with a variety of textures, such as, but not limited to, low
grasses, groundcovers and perennials.
4.Portions of park strips may be paved to accommodate street furniture, leaving
appropriately sized tree wells for street trees.
F.Parking Lot Landscaping: The purpose of parking lot landscaping is to soften the visual
appearance, soften views of parking lots, add shade and reinforce safe pedestrian access to
buildings and connecting sidewalks. Parking lots with twelve (12) or more stalls shall
include:
1.One (1) tree for every ten (10) stalls located in islands or perimeter landscaping;
and
2.Total of all interior landscaped areas shall be at least ten percent (10%) of the total
parking area (including parking, maneuvering, and loading areas); and
3.All landscape areas must be planted with landscape materials per 18.09.090.D of
this Chapter, except where pedestrian access is provided. Landscaping adjacent to
parking spaces must include a low growing plant palette with a variety of textures,
such as, but not limited to, low grasses, groundcovers and perennials; and
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4.Minimum width of all landscape areas is 4 feet. A reduction in width of up to two
(2) feet may be allowed for interior landscape areas (not adjacent to right-of-way)
provided the total required area is provided; and
5.A minimum six-foot wide perimeter of landscaping is required adjacent to rights-
of-way, except where vehicular ingress and egress is proposed. The perimeter
landscaping may include decorative walls, solid fences or vegetation to obscure
views of parking areas provided that any of the aforementioned screening
treatments are limited to a maximum height of four feet (4’).
G.Maintenance: To the extent necessary to remain, all landscaping shall be watered, weeded,
pruned, freed of pests, and replaced as necessary.
18.34.100: STREET STANDARDS
A.Purpose: The purpose of this Section is to establish standards for the design, configuration
and performance of all public and private streets within the Harvest Springs zoning district
in order to:
1.Ensure adequate access and connectivity throughout the Project Site;
2.Allow for flexibility in the design and location of streets; and
3.Establish a streetscape and street design that helps to define the character and image
of the Harvest Springs district.
B.Applicability: This section is applicable to all streets, alleys, private drives and other
vehicular accessways proposed within the zoning district. Specific land uses, site
conditions, visibility limitations and critical areas may result in variations to the street types
as permitted in this section. Standards not defined in this section will be governed by the
typical City of Chubbuck standards.
C.Street Types: Exhibit “E” of the approved Master Development Plan shows the
approximate location of streets classified as Arterials and Major and Minor Collectors. All
other streets and access will be Neighborhood streets, Private Roads, Shared Drives,
Auto/Pedestrian Shared Drives or Alleys and will be designed and located by the applicant
during the platting and/or development process associated with each parcel. These Phases
and Neighborhoods shall be designed to foster the development of a street grid system
throughout the Project Site. It is understood that street design is limited by geographical
features such as the Interstate 15, the Fort Hall Canal, and general topography.
D.Off-Site Connections Required: The Harvest Springs development shall stub streets to the
boundaries of abutting off-site property as generally shown in the approved master
development plan; the connection points on the approved MDP Circulation Map are
25
approximate. The actual design and location of connection points will be determined at the
preliminary plat stage of each phase by the Community Builder and City using a
collaborative process.
E.Review Criteria for Deviations: The requirements of this Section may be modified through
a deviation request for cause during the design book and preliminary platting phase. Street
sections may be modified to best fit the character of the proposed neighborhood and
respond to natural site features. Modifications to street sections related to on-street parking,
bicycle lanes, planter strips and/or sidewalks must meet the following guidelines as
applicable:
1. On-street parking is required the extent necessary to satisfy guest parking
requirement.
2. Bicycle lanes are only required to be included in street sections that are classified
higher than a Neighborhood Street. Bicycle lanes may be eliminated if an adequate
off-street trail facility is provided as a replacement.
3.A sidewalk may be eliminated if a separated trail section is provided as a
replacement. For example, where a paved multi-use trail is provided along the road
(it may be separated), the sidewalk may be eliminated on one or both sides.
F.Street Sections: As authorized by the master development plan approval, street sections for
all street types within the district shall be followed. These street sections are typical and
may vary subject to approval by the Public Works Director to accommodate specific site
and design conditions. Street sections may incorporate cross-slopes, crowns, inverts, and/or
super elevation to accommodate Low Impact Development or other design features.
G.Tyhee Road/Harvest Springs Boulevard: The design of Harvest Springs Blvd is to extend from
Hiline Rd near the north end of the project and continue through the project until it ultimately
connects with the East Siphon/Northgate Extension/New Day Parkway as per the master plan
layout. The Community Builder shall be responsible for the construction of a 3 lane road for
the initial build of Harvest Springs Blvd, including the bridge crossing onto Hiline Rd, which
said construction costs may be available for reimbursement through an approved Urban
Renewal District. A 100’ wide right of way shall be dedicated to the City of Chubbuck for the
full build out of Harvest Springs Blvd
18.34.110: PARKS AND OPEN SPACE
A.The Community Builder is responsible for the design and construction of the Parks. The
actual location and boundaries of Parks may vary but will be defined through the platting
stage.
B.Sensitive Areas and Buffers: Sensitive areas and buffers are the steep slopes (slopes above
26
35% grade), lowlands, and dry-stream beds. An effort shall be made to preserve and
protect and, in many cases, leave natural, sensitive areas and buffers. Trails, crossings,
encroachments, and improvements may be allowed within sensitive areas consistent with
a low impact development effort. These areas may be dedicated to the City as open space
at the time of phase platting.
C.Non-Sensitive Open Space: Open Space outside of sensitive areas and buffers includes,
but is not limited to, the plaza, Community Parks, trails, Neighborhood and Pocket Parks,
natural areas and stormwater ponds and infiltration facilities. Additional Parks may be
provided as individual phases are developed.
D.Stormwater ponds and facilities shall be designed as either passive or active Open Space
when practical. Passive Open Space facilities consisting of stormwater ponds shall be
designed to appear as a natural wetland or pond. Vegetation shall consist of no less than
70% native plant material typically found in and around Bannock County. Any fencing
required shall be designed and located such that it does not detract from the natural
character of the facility. If natural landscaping is intended to provide a long−term barrier
to human intrusion, temporary fencing may be permitted until such time as the
landscaping has matured to the point of providing the barrier.
E.Trail Plan: The Community Builder is responsible for the design and construction of the
trails shown on the Plan with approval by the City. The actual location of trails may vary
and will be defined through the platting process. Necessary trail construction will be
completed within the boundaries of each phase as constructed. Where feasible, trail
construction should avoid dead ends and incomplete segments.
F.Trail Standards: Trails will be built to the standards as described in Municipal Code
18.21.050.A.3. The following amenities may be included within trail corridors subject to
mutual agreement between the Community Builder and the City: rest stops, sculpture and
other art, pedestrian lighting, exercise stations, picnic tables, interpretive areas, Pocket
Parks/tot lots, drinking fountains, restrooms, and covered sheds, and other similar
amenities.
G.Park, Open Space, and Deviations from Plan: All Park, Recreation Facility, Open Space
and trail standards, cross sections and locations are general documents and may be
modified through the deviation process established by section 18.34.120.
27
18.34.120: PLAN AND AGREEMENT CHANGES; ADMINISTRATION
A.Purpose: The purpose of this section is to provide a process and criteria to interpret, modify
and/or amend the standards, processes, conditions, or provisions contained within the MDP
Approval as codified in this Chapter and in agreements with the Community Builder. In
addition, recognizing that not all potential issues can be anticipated over the life of this
development, it is the intent of this chapter to allow for flexibility s`o that Harvest Springs
zoning district can adapt to new information, changes in the market, and technological
advances over time.
B.Interpretations: Any dispute over the meaning of this Chapter shall be resolved first by an
interpretation from the Public Works Director. The Public Works Director shall issue a
written interpretation within ten (10) business days of receiving a written request for
clarification. The City Public Works Director’s interpretation may be appealed to the City
Council. The City Council shall hold a meeting on the interpretation appeal at the next
available regular meeting following the date upon which the request for an appeal to the
City Council is delivered to the Public Works Director. At the appeal, both the Public
Works Director and appellant shall be entitled to voice testimony to the Council for
consideration. The Community Builder or Community Builder Transferee shall exhaust its
remedies as set forth herein prior to exercising other remedies.
C.Appeal of Administrative Decisions to City Council: Final administrative decisions of this
Chapter may be appealed to the City Council.
D.Deviations from the Master Development Plan Approval: An Amendment to the Harvest
Springs Master Development Plan as approved may be requested by the Community
Builder or Community Builder Transferee. Minor deviations meeting the criteria as
described below may be approved administratively by the Public Works Director; Major
deviations not meeting the criteria for a minor deviation shall require the same review and
approval process as a zoning ordinance amendment as outlined in Idaho Code 67-6511.
E.Minor Deviation: A deviation to the approved master development plan shall be considered
minor if the change satisfies all of the following criteria:
1.The deviation will not increase the total number of dwelling units in the
development above the maximum number set forth in the approved master
development plan, or reduce the minimum number by more than ten percent (10%);
2.The deviation will not increase the total floor area of nonresidential uses by more
than ten percent (10%);
3.The deviation will not decrease the minimum, or increase the maximum density for
residential areas of the development beyond approved density ranges approved.
4.The deviation will not decrease the approved amount of open space or recreation
space;
28
5.The deviation will not increase any adverse environmental impact, provided that
additional environmental review may be required to determine whether such
change is likely to occur;
6.The deviation will not adversely impact the project's fiscal projections to the
detriment of the city;
7.The deviation will not significantly impact the overall design of the approved
master development plan;
8.The deviation will not significantly alter the size or location of any designated open
space resulting in a lowered level of service; and
9.The requested Amendment is a land use category change that does not increase the
land use category of a Development Parcel immediately adjacent to the perimeter
of the Project Site.
F.Project & Improvement Phasing: The concept master phasing plan approved through the
Master Development Plan approval process is intended to be a general guide and to reflect
current conditions. It is not the intent of the City to restrict other phasing opportunities
which correspond to changes in market conditions and technological advances nor to
restrict infrastructure and timing of the development which may differ from the approved
concept.
G.Responsibility of the Community to Ensure Compliance with this Chapter: The
Community Builder shall designate through its controlling community documents, a
community review board who, prior to any applications being accepted by the City for
review and approval, shall perform a review of the petition materials to ensure that the
requirements and intent and purpose of this zone are upheld and shall then provide a letter
to the City to accompany the application stating their findings and providing a
recommendation. The City will not enforce standards of the development contained within
the development’s internal codes, covenants, and restrictions or other related controlling
documents.
H.Deviations from standards of this Chapter: In instances where the Community Builder or
interested party seeks a deviation from the City from regular standards of this code as may
be authorized in this Chapter (e.g., height, building and parking lot layouts, fencing and
screening, etc.), and in addition to any of the criteria related to the subject matter, the City
shall consider the following in making a decision:
1.Findings and Recommendation of the Community Builder, homeowners’
association, and/or the architectural control committee.
2.Whether the proposed deviation would conflict with the stated intent and purposes
of this Chapter and the adopted master development plan and design book.
29
PUBLIC HEARING
ITEM NO.2
VARIANCE FOR
SETBACKS AT 367
CHESAPEAKE
Public Works Department
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
NOLAN JACOBS VARIANCE REQUEST
APPLICATION FOR A VARIANCE- STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
MEETING ON JULY 9, 2019
STAFF FINDINGS SUMMARIZED
Review finds that the parcel does not meet the criteria for a Variance in 18.20.030.
Building code requires fire proofing under 5 ft. to property line.
Granting a variance could cause future hardship on other property owners
Variances are not intended to allow something that others do not have a permitted
right to do. The purpose of a variance is to provide fair treatment and to see that
individuals are not penalized because of site characteristics beyond their control
FACTS
REQUEST:
The applicant requests a Variance to the side and rear yard setbacks for a garage expansion in an R-1
Single Family Residential Zone.
VARIANCE CRITERIA
Background
Parcel is lot 11 block 2 Victorian Village 3rd addition recorded October 1, 2003.
Home was built and Certificate of Occupancy given June 17, 2010.
Home has a 2 car garage and an added single wide double deep garage addition
R-1 Zone Code requires 25 ft. front yard, 20 ft. back and 5 ft. one side and 9 ft. other side as
setback minimums.
In meeting with applicant Staff informed them that they did not meet the criteria for a Variance.
They spoke with the Mayor and requested to be heard anyway.
As this is a Variance request, it is the obligation of the Applicant to present such facts
and persuasive arguments as to convince the Commission that there exists some form
of hardship or other unique site circumstance to justify issuance of the requested
permit.
TYPE OF COMMISSION ACTION: Quasi-Judicial (Subject to appeal; decisions must be supported by
the evidence and by applying law to the facts; decisions shall be based on the standards for
approval). The Commission may approve with or without conditions, may table a decision, or
may recommend denial of the application.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
OWNER:
Nolan Jacobs
367 Chesapeake Ave.
Chubbuck, ID
APPLICANT:
Nolan Jacobs
367 Chesapeake Ave.
Chubbuck, ID
LOCATION 367 Chesapeake Ave, lot 11 block 2 Victorian Village 3rd addition
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: R-1 Single Family
Residential
PROJECT SIZE: One Lot approx. .20 acres
VIEWS: Generally visible from the street
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Home and Garage
SURROUNDING LAND USES AND ZONING:
NORTH: R-1 Single Family Residential
EAST: R-1 Single Family Residential
SOUTH: R-1 Single Family Residential
WEST: R-1 Single Family Residential
TRAFFIC COUNTS:
Traffic counts unavailable:
This is a residential local street with no traffic counts
SERVICES:
ACCESS STREET: Access to the subject property will be from Chesapeake Ave.
FIRE PROTECTION: City
SEWAGE DISPOSAL: City
CULINARY WATER SERVICE: City
PROCEDURES:
1.In accordance with City Code 18.28.020 and State Statue 67-6516, a complete petition and fees
for a Variance were filed with the City at least 29 days prior to the public hearing and which
contained the appropriate documents.
2.In accordance with City Code 18.28.20, the application is scheduled to be heard at the July 9,
2019 Regular Meeting of the Land Use Commission at a public hearing
3.In accordance with City Code 18.28.020, notice of the public hearing shall be provided as
follows:
a.Publication in the Idaho State Journal at least 15 days prior to the hearing;
b.Notice posted at the exterior of the property
c.Mailing to those within a 300 ft. radius of the property
d.Notices posted prominently at the City office at least 10 days prior to the hearing.
4.The hearing will be conducted in accordance with procedures established by City Code 18.28.020.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §67-6516, Variance – Definition – Application – Notice - Hearing
2. Chubbuck Comprehensive Plan (as amended)
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
3. Chubbuck City Code
a. Title 18, Land Use
POLITICAL SUBDIVISION/AGENCY COMMENTS:
1. No other comments received at the time of this report.
PUBLIC COMMENTS:
1. No written comments were received as of this report.
STANDARDS FOR REVIEWING A VARIANCE
The following code regarding a Variance should be used in evaluating the application:
18.28.030 Variances:
A. Limitation: Variances may be granted where the lands involved are of such size or
configuration, are subject to such title limitations of record, are affected by such
topographical and location conditions or have been so developed lawfully prior to advent of
zoning in 1972, that it would be impossible or that it would create a private hardship not
required to protect the public interest to compel the applicant to adhere strictly to the
provisions of this title. However, no variance shall be granted upon the grounds of
"impossibility" if compliance is merely inconvenient, burdensome or difficult. Except as
provided below, neither shall a variance be granted upon the grounds of "private hardship"
unless: 1) the hardship was not created or allowed to occur by the applicant, the landowner or
any of their agents; 2) the hardship was not known or foreseeable at the time when the lands
in question, or an interest therein, were acquired; 3) the hardship is serious, immediate and
unavoidable; and 4) alleviating the hardship will not create a possible present or future
hardship for any other private party nor will it be contrary to the public interest. In no event
shall any variance be granted merely because compliance with this title would diminish the
financial return from use of the lands in question or because it will reduce the market value of
the lands.
STAFF COMMENTS: The Lot was approved as a legal buildable lot 10/1/2003, 1) It is not out
of the control of the applicant 2) The lot boundaries and regulations where defined at the
time of purchase 3) No regulations have changed 4) Building to property line would violate
city zoning code and building code.
B. Personal Hardship Exception: Where a temporary deviation from strict compliance with the
provisions of this title would alleviate a compelling hardship for the applicant or the
applicant's family, a six (6) month variance may be granted. No such variance shall be granted
upon economic grounds, nor shall such variance authorize any permanent construction,
alteration or improvements to the lands in question.
STAFF COMMENTS: Request is for a permanent building therefore does not apply.
C. Appeals: Any person adversely affected by the granting or denial of a variance by the land
use and development commission may appeal within twenty five (25) days from the date of
the commission's decision. The appealing party must, within this time, file with the city clerk a
written statement of appeal (in any form). The city council shall hear the appeal de novo,
except that the commission's decision shall be entered into the record. The commission's
decision may also be reviewed de novo by the city council, if a majority of the city council
vote at the next regularly scheduled city council meeting to review the same. (Ord. 246 § 2,
1983: Ord. 241 § 7-3, 1983)
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
18.28.050: CONSISTENCY WITH COMPREHENSIVE PLAN:
No variance shall be granted, nor any conditional use permit issued, nor any revision to this title adopted,
unless such action is consistent with the city's comprehensive plan.
EXAMPLE MOTIONS
APPROVAL (WITH CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Variance request are satisfied, I move to approve
the Variance as described in the application materials with the following conditions:
APPROVAL (WITHOUT CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Variance request are satisfied, I move to approve
the Variance as described in the application materials.
DENIAL:
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Variance request are not satisfied, I move to
deny the Variance request as described in the application materials.
I find that the petition fails to comply with… [CITE SPECIFIC STANDARD WHICH IS NOT MET AND
DESCRIBE WHY IT WAS NOT MET]
REPORT BY: Paul Andrus
pandrus@cityofchubbuck.us
(208) 237-2430
REPORT DATED June 27, 2019
*Staff comments in this report are based solely
upon evidence available at the time of the report.
Additional information may be brought to light at
or before the hearing.
EXHIBITS:
1.Application for Variance
2.Narrative
3.Maps
a.Vicinity / Site
b.Zoning
4.Proposal drawings and photos
5.Evidence of Notices (on file w/ staff)
367Chesapeake
Dear members of the Land Use and Development Commission,
I am writing to request a Variance as described in the Chubbuck City
Code 18.28.030: VARIANCES and Idaho Statutes TITLE 67 STATE GOVERNMENT
AND STATE AFFAIRS CHAPTER 65 LOCAL LAND USE PLANNING 67-6516.
VARIANCE.
Our request for the above variances is for our home that is located at 367
Chesapeake Ave. This home was the last home to be built on the West end of
Chesapeake Ave. and construction was completed in 2010. Our home’s West
property line borders a strip of land owned by the City of Chubbuck. This strip of
land is part of a greenway (the Southern end of the Jerry Rowland park) with an
asphalt walking path connecting Chesapeake Ave and Callaway Dr. roads,
that borders our property. To the West paralleling the Greenway, the Union
Pacific Rail Road rail system borders the Greenway.
The Greenway is approximately 30 ft wide. There are no existing structures
on the Greenway other than the asphalt walking path with the closest part of
the path being approximately 16 ft from our existing vinyl fence. We are
requesting a variance to the current law stating that there must be 5 Feet
between property lines with any permanent structures. Currently there is
approximately 12 ft from our existing garage to our property line, bordering the
City of Chubbuck greenway property line. Our West facing property line
currently consists of a concrete R.V. pad and a vinyl fence running North to
South that would be replaced with the West facing wall of our new Garage if
granted the variance. We understand the law and the reason for the current
spacing requirements, how having two such structures built on separate land
parcels closer than 10ft apart would create a fire hazard. Our lot and existing
fence line border the City’s greenway and another structure being erected on
the 30ft wide greenway is not likely. We feel it would not “create a possible
present or future hardship for any other private party nor will it be contrary to the
public interest” per Chubbuck City Code 18.28.030: Variances, Section A., Sub
section #4, by expanding our garage to our existing property line. We feel that
this expansion would not create a fire hazard, would not infringe upon a right of
way, or cause a hardship in any way. If granted permission to expand our
garage it would alleviate our hardship for parking our vehicles outside. It would
also help keep our street approach to our home free of vehicles parked on the
roadway, keeping the road way with a safe, clear view for drivers traveling to
and from Chesapeake Ave.
The new addition to existing garage would not exceed the current roof
line peak height of 18 ft 6 inches of the existing one bay garage. This height
would not pose a hardship to the local airport as stated in section 21-501 of the
Idaho Code of the State Statue, nor would it pose a hardship to any of our
neighbors since their views from their homes would not align up with where the
new second bay of the garage would be built. In addition to the expansion of
approximately 12ft 6 inches to our existing West property line, we are asking for
an expansion of approximately 8 ft to the South on the new addition only as
shown in drawing Option #2 (12 ft 6 in x 40 ft). This would bring our setback to
approximately 9ft 6 inches from the City of Chubbuck’s greenway bordering our
South West property line. We also feel that this would not impose a hardship to
any of the parties concerned since it would also not be in alignment of a
neighbors view from their home, be closer than 10 ft from any existing or future
structure, nor exceed the height of the current existing structures. If it were to be
proven a hardship to any of the parties involved two other plans Opt#1 and
Opt#2 are also available for review that do not exceed our current setback of
the existing single bay garage.
I welcome all members of the Land Use and Development Commission to
visit our property and assess the Variance we are requesting. Thank you for your
consideration.
Sincerely,
Nolan and Tammie Jacobs
367 Chesapeake Ave.
Chubbuck, Idaho 83202
208-241-2591
Legal Description: -- S3-T6S-R34E LOT 11 BLOCK 2 VICTORIAN
VILLAGE 3RD ADDITION
Parcel #: RCVI3000500 RCVI3000500
PUBLIC HEARING
ITEM NO.3
R-2 ZONING
DISTRICTS;DUPLEXES
Office of Community Planning &
Economic Development
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Page 1 H:\Memos\Memo to LUDC_Title 18 R2_Duplex amendment_007092019.docx
Memo
To: Land Use & Development Commission
From: Devin Hillam, Planning & Development Director
Date: June 26, 2019
Re: Public Hearing- R-2/Duplex inconsistencies; proposed amendment to Title 18
Overview of Proposal
During review of an application for development in the R-2 Limited Residential zoning district,
inconsistencies were identified in Title 18 between sections 18.08.010 Enumeration of Districts and 18.08.040
Schedule of General Controls; Land Uses by District, wherein as defined, the R -2 zone requires that duplexes
be conditionally permitted and in the land use chart, duplexes are permitted outright.
Staff’s proposal is to mirror the requirements in the R-2 zone for abutting zero lot line residences
(e.g. two unit townhouses; defined in section 18.06.380) wherein the structures/use are permitted outright
if disclosed on the lots during the platting process and conditionally permitted if proposed after platting.
The proposal is aligned and not in conflict with the adopted Comprehensive Plan’s Policy b of Objective 3.2
(Chapter 10) since within the R-2 zone, single-family dwellings are permitted uses.
Our proposal is based on the need to address an inconsistent ordinance, the comprehensive plan’s
policies, a need for middle housing, and similarity in product to abutting zero lot lines residences.
The inconsistency (highlighted) is as follows in the currently adopted text:
Section 18.08.010 (C) establishes the R-2 zoning district as:
C. Limited residential (R-2): The purpose of this district is to provide for neighborhoods of single household
dwellings, class I production buildings, and abutting zero lot line residences. An abutting zero lot line
residence may be conditionally permitted in an existing R-2 development and is permitted in a proposed
R-2 subdivision if each lot upon which a zero lot line residence would be constructed is disclosed on the
preliminary and final plats. Duplexes may be conditionally permitted.
Section 18.08.040 establishes duplexes as:
A R-1 R-2 R-3 R-4 C-1 C-2 I
Duplex C X P P P C C X
Page 2
Comprehensive Plan Evaluation
In reviewing the criteria for creating zoning ordinance text amendments, Idaho Code section 67 -
6511 requires that local governments consider the adopted comprehensive plan and its policies. Upon
review of the plan as it pertains to the inconsistency, Staff finds that the City’s adopted plan does not speak
significantly on the matter but that it does have a few policies which offer guidance with Chapter 10 Housing
(attached), presents the most information on the community’s desires as it pertains to the issu e. Most
relevant is Policy b of Objective 3.2 which states, as a means to encourage more dense residential
developments, generally meeting the following criteria, in all areas of the city, “Two -family dwellings:
Generally acceptable anywhere a single-family residential unit is permitted. Encourage designs that appear
to be a single unit.”
Due to infill sites being centrally-located within the City, properties tend to cost more than
developing on the City’s fringe and as such, much of what Chubbuck has seen in recent years for infill
development have been outside of traditional single-family detached units, simply due to the economics of
the site development. Goals, objectives, and policies of the Comprehensive Plan call for increased residential
infill (Chapter 4 Goal 1 Objective 1.2 Policies C and D and Strategy B; Chapter 4 Goal 1 Objective 1.3 Policies
A, C D, and E; Chapter 4 Goal 5 Objective 5.1 Policy F; etc). Infill development, such as duplexes and abutting
zero lot line residences, often is more dense than traditional single-family detached and is often a more
financially responsible way (economies of scale and geographic scope) for a city to grow than continuing
to extend inefficient infrastructure (sewer, water, roads) and services to the fringe fo r less dense
development. The Comprehensive Plan calls for incentivizing infill development through reasonable means
and Staff believes that if disclosed upfront through the platting process, parties with capital to invest in
development in our community will do so since the process is made clear upfront.
Missing Middle Housing
Project such as duplexes, triplexes, quadplexes, and townhomes are commonly referred to as the
“missing middle” in terms of housing products offered in communities around the nation. These products
are much needed in our community to serve individuals who may not be prepared for home ownership
under the traditional single-family detached dwelling for a variety of reasons yet who would like a product
that is not a multi-unit apartment building- this list includes individuals new to the area, individuals with
lack of credit or poor credit, workforce housing, individuals who want to stay mobile and active yet live in
the community (retirees or emerging generations), or even those individuals seeking to downsize their
current housing.
A lack of available housing is one of the biggest issues affecting economic development nationally and is
a large concern locally. City staff is a member of a housing committee with Bannock Development
Corporation to study the lack of housing supply in our region and can confirm that one of the largest
barriers to expansion of industry in the Portneuf Valley is the lack of available rooftops (FBI expansion is
one example). Adding more middle housing to our supply could be one part of the solution to better
enabling economic growth.
Similarity to Abutting Zero Lot Line Residences
As stated above in the definition of the R-2 zone, the purpose of the R-2 district to provide for
abutting zero lot line residences, among other types of structures. In terms of product, abutting zero lot
line residences are single-family detached structures that are attached to one another yet are separated by
property line and in many instances, these types of structures could be built with just two units. If built in
this manner, these units could, from a massing, scale, and architectural standpoint, look just like a duplex
Page 3
(two units on one lot). The code permits abutting zero lot line residences when disclosed on the preliminary
and final plats.
Much of the concern in many communities is related to the likelihood of duplexes being rented out
when compared with abutting lot line residences such as townhomes. From a regulatory standpoint, nothing
in code prohibits owners from renting out their townhome units at any point, be it from the time that a
certificate of occupancy is issued or until the structure is removed. At the current time, the City of Chubbuck
does not regulate rental vs ownership mechanics nor do I believe has an interest in doing so.
Conclusion
For the reasons stated above, Staff proposes that the attached ordinance be amended as proposed.
However, if the Commission and Council find that duplexes should be conditionally permitted at all times
in the R-2, we ask for a recommendation that the land use chart be amended to reflect that designation.
Remedying the inconsistencies is key in our request.
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTIONS
18.08.010 AND 18.08.040 TO REQUIRE A CONDITIONAL USE PERMIT FOR A
DUPLEX UNIT IF PROPOSED IN AN EXISTING DEVELOPMENT AND NOT IF
DISCLOSED ON THE PRELIMINARY AND FINAL PLAT IN A NEW
DEVELOPMENT; REPEALING PRIOR CONFLICTING ORDINANCES;
PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS
ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 18.08
NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS
ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. PURPOSE. The purpose of this ordinance is to clarify an inconsistency in
Ordinance 755 as to when a conditional use permit is necessary for a duplex in a Limited
Residential (R-2) zone. Section 18.08.010 (C) indicates duplexes are conditionally permitted
whereas the 18.08.040, the Schedule of General Controls indicates duplexes are permitted in a
Limited Residential (R-2) zone. This ordinance conforms the requirements for duplexes to the
same as for Zero Lot Line Residences in a Limited Residential (R-2) zone by requiring a
conditional use permit if proposed in an existing development and not if disclosed on the
preliminary and final plat in a new development..
Section 2. AMENDED SECTION 18.08.010 (C). Section 18.08.010 is amended as
follows to clarify when a conditional use permit is necessary to have duplexes in a Limited
Residential (R-2) District:
18.08.010: ENUMERATION OF DISTRICTS: The following land use districts are hereby
established:
A. Agricultural (A): The purpose of this district is to provide for orderly transition of farmlands,
by limiting their use to low density residential neighborhoods until such time as other uses,
consistent with the comprehensive plan, become appropriate.
B. Single-family residential (R-1): The purpose of this district is to provide for neighborhoods of
single household dwellings and class I production buildings. Major home occupations may be
allowed as defined in section 18.08.040 of this chapter and section 18.12.032 of this title or
conditionally permitted.
C. Limited residential (R-2): The purpose of this district is to provide for neighborhoods of single
household dwellings, class I production buildings, and abutting zero lot line residences. An
abutting zero lot line residence may be conditionally permitted in an existing R-2 development
and is permitted in a proposed R-2 subdivision if each lot upon which a zero lot line residence
would be constructed is disclosed on the preliminary and final plats. Duplexes may be
conditionally permitted in an existing Limited Residential R-2 development and are permitted in
a proposed Limited Residential R-2 subdivision if each lot upon which a duplex would be
constructed is disclosed on the preliminary and final plats.
D. Limited residential P (R-2P): The purpose of this district is the same as limited residential
(R-2) and any amendments to limited residential (R-2) shall apply to the limited residential P
(R-2P) zone; provided however the lot sizes for single-family homes shall be reduced to allow
Ordinance - Page 1
chubbuck 061219 ttl 18 dulpex ord.wpd
for smaller lots to accommodate either zero lot line residences or to allow a single-family home
to be built on one-half (1/2) of a zero lot line residence but with setbacks for a single-family
home.
E. General residential (R-3): The purpose of this district is to provide for diversity in the
arrangement and density of residential uses. Duplexes, abutting zero lot line residences,
threeplexes and fourplexes shall be allowed, but in order to maintain an appropriate mixture of
single household dwellings, duplexes, abutting zero lot line residences, threeplexes and
fourplexes, shall not compose more than twenty five percent (25%) of the structures in any
subdivision, unless an exception is granted to allow a larger percentage of such structures by the
land use and development commission. Class III residential production buildings are allowed
only in clustered arrangements as provided elsewhere in this title.
F. Dense residential (R-4): The purpose of this district is to provide for the development of dense
residential districts, including apartment buildings and apartment complexes composed of
clusters of abutting zero lot line residences, duplexes, threeplexes and fourplexes. Single
household dwellings, abutting zero lot line residences, duplexes, threeplexes, fourplexes and
apartments are permitted. Class III residential production buildings are allowed only in clustered
arrangements as provided elsewhere in this title.
G. Limited commercial (C-1): The purpose of this district is to provide for small office uses and
neighborhood scaled convenience business uses which serve nearby residential areas. The goal of
this district is to integrate limited commercial activity and professional offices with residential
land uses in a climate favorable to both. Particular attention is to be paid to the interface between
commercial and professional uses and the residential uses within the same neighborhood. Such a
designation is appropriate where commercial activities are to be provided in the midst of a
neighborhood for the benefit of the residents thereof. Such benefits may include convenience,
energy conservation or related factors. Such a designation may properly apply to a limited area
located in a convenient place relative to the circulation pattern for both vehicles and pedestrians
within a neighborhood. Some larger establishments may be conditionally permitted if compatible
with adjoining uses. Application of this district would also be appropriate where its permitted or
conditionally permitted uses might serve as an effective buffer between a residential
neighborhood and nearby commercial or industrial uses.
H. General Commercial (C-2): The purpose of this district is to provide for a broad variety of
business establishments serving Municipal or regional markets. These uses buffer against
industrial area, and may include compatible light industrial uses when conditionally permitted.
I. Industrial (I): The purpose of this district is to provide for light industry not absorbed by
general commercial areas and for heavier industrial uses when conditionally permitted.
J. Planned Unit Development (PUD): The purpose of this district is to embrace a combination of:
land uses, provide a maximum choice of living environments, allow a more useful pattern of
open space and recreation areas, a development pattern which preserves and utilizes natural
topography and geologic features, scenic vistas, trees and other vegetation, and prevents the
disruption of natural drainage patterns.
K. Creative Community (CC): The purpose of this district is to provide a greenfield planned unit
development approval process, to provide for a zone with a mix of land uses that range in
intensity than are typically found separately in mutually exclusive, traditional zoning districts and
to provide for a departure from traditional zoning to the extent that it encourages a combination
of land uses which may be compatible, but have traditionally been separated. This district shall
be governed by the provisions of chapter 18.21 of this title.
Ordinance - Page 2
chubbuck 061219 ttl 18 dulpex ord.wpd
Section 3. AMENDED SECTION 18.08.040. Section 18.08.040 is amended as follows:
18.08.040 Schedule of General Controls - Land Uses By Districts:
Land Uses
Land Use Districts
A R-1 R-23 R-3 R-4 C-1 C-2 I
Agricultural / Natural Resources
Agricultural (except livestock)P P P P P P P P
Agricultural Feed and Seed
Store
X X X X X X P P
Asphalt Plant X X X X X X X X
Concrete Batch Plant X X X X X X X C
Livestock P P P P P C C C
Riding Stable or School P X X C C X C C
Wood Processing Plant X X X X X X C C
Arts, Entertainment, Tourism, Recreation
Aquatic / Activity / Rec Center X X X X X C P C
Amusement Centers X X X X X C P C
Art Gallery X X X X X C P C
Dance, Music or Voice Studio X X X X X C P P
Exercise Salon X X X X X P P C
Golf Course C C C C C C C C
Martial Arts Instruction X X X X X C P C
Museum X X X X X C P C
Civic Services
Cemetery C C C C C C C C
Church C C C C C C C C
Government Facility C C C C C C C C
Newspaper, Printing &
Publishing
X X X X X C P P
Publishing X X X X X C C P
School C C C C C C C C
TV Studio, Radio Station X X X X X C P P
Commercial Retail
Adult Business X X X X X X X C
Automotive Parts Store X X X X X C P P
Automotive Sales X X X X X C P P
Bakery Goods Store X X X X X C P P
Bookstore X X X X X C P C
Convenience Store C X X X X C P C
Department Store X X X X X X P C
Drive-in Restaurant X X X X X C P P
Equipment Rental and Sales
Yard
X X X X X X P P
Green House X X X X X X P P
Grocery Store X X X X X C P C
O rdinance - P age 3
chubbuck 061219 ttl 18 dulpex ord.wpd
Land Uses
Land Use Districts
Hobby Store and Crafts X X X X X C P P
Industrial and Agricultural
Equipment Sales and Supply
X X X X X X P P
Pet Shop and Supplies X X X X X C P P
Production Building Sales X X X X X X P P
Recreational Vehicle Sales,
Service & Supply
X X X X X X P P
Restaurant X X X X X C P P
Retail Stores and Services X X X X X C P C
Roadside Stand P X X X X C C C
Tire Shop, Including Recapping X X X X X X P P
Yard and Garden Sales and
Services
X X X X X C P P
Commercial Services
Animal Care Site C X X X X X C P
Auction Service X X X X X X P P
Car Wash X X X X X X P P
Cleaning, Laundry Shop X X X X X C P P
Exterminating Company X X X X X X P P
Hotel X X X X X X P C
Kennel Commercial C X X X X X C C
Kennel Hobby P P P P P P P P
Motel X X X X C X P P
Office Professional
(<10,000 square feet)
X X X X X P P C
Office Professional
(>10,000 square feet)
X X X X X C P P
Photographic Studio X X X X X P P P
Printing X X X X X C P P
Service Station X X X X X C P P
Wedding Chapels, Services X X X X X C P C
Health and Human Services
Barber / Beauty Shop X X X X X C P C
Bathhouse, Sauna, Mineral X X X X X X C C
Childcare Center C C C C C P P P
Funeral Home X X X C C C P C
Hospital C C C C C C C C
Lab, medical, dental or optical X X X X X C P C
Nursing Home C C C C C C C C
Shelter Home C X C C C C C C
Industrial / Manufacturing
Battery Manufacture X X X X X X X C
Beverage Bottling Plan X X X X X X C P
Cement or Clay Products X X X X X X X C
O rdinance - P age 4
chubbuck 061219 ttl 18 dulpex ord.wpd
Land Uses
Land Use Districts
Manufacture
Chemical Storage and
Manufacture
X X X X X X X C
Contractor Shop and Yard X X X X X X P P
Food Processing Plant X X X X X X X C
Furniture / Cabinet Shop X X X X X X P P
Ice and Dry Ice Manufacturing X X X X X X P P
Laboratory Research X X X X X C C P
Machine Shop X X X X X X C P
Manufacturing Light X X X X X X C P
Manufacturing Heavy X X X X X X X C
Meat Packing Plant X X X X X X X C
Public Utility Yard X X X X X X C P
Railroad Yard Site X X X X X X C P
Recycling Center X X X X X X C C
Rendering Plant X X X X X X X X
Well Drilling X X X X X X C P
Residential
Home Occupation Major P1 P1 P1 P1 P1 X X X
Home Occupation Minor P1 P1 P1 P1 P1 X X X
Production Buildings
(for other uses allowed)
Class I P P P P C C C C
Class II C P P P C C C C
Class III
(outside production buildings
cluster arrangements)
X X X X X X X X
Class III
(within production buildings
cluster arrangements)
P X X P P X X X
Residential Dwellings
(subject to density restrictions)
Single Household Dwelling P P P P C C C X
Duplex
(subject to restrictions)
C X P P P C C X
Threeplex X X X P P C C C
Fourplex X X X P P C C C
Apartment Building X X X X P C C C
Residential Rental Dwelling C P2 P2 P P P C C
Ordinance - Page 5
chubbuck 061219 ttl 18 dulpex ord.wpd
Land Uses
Land Use Districts
Zero Lot Line Residence
(subject to restrictions)
C C P P P C C X
Warehouse and Storage
Feed Manufacture and Storage X X X X X X X C
Frozen Food Locker X X X X X X P P
Fuel Yard X X X X X X X C
Grain Storage X X X X X X X P
Moving and Storage Company X X X X X X C P
Nonresidential Production
Building (for uses allowed)
P P P P P P P P
Commercial Laundry Service X X X X X X P P
Parking Lot, Garage or Facility X X X X X X P P
Production Building Cluster
Arrangement
C X X C C X X X
Salvage Site X X X X X X X X
Sanitary Landfill C X X X X X X C
Self Service Storage Facility C X X X C C C P
Site Buildings (for uses
otherwise allowed)
P P P P P P P P
Terminal Yard, Trucking X X X X X X C P
Vehicle Storage Site X X X X X X C C
Warehousing, Wholesaling X X X X X X C P
Notes:
A temporary deviation from this schedule may be permitted by the design review committee for a
period not exceeding 36 months.
1. Permitted unless objections by any person as set forth in subsection 18.12.032 of this title, in
which case the matter is treated as a conditional use permit.
2. Permitted if owner occupied and no objections by any person as set forth in subsection
18.12.030N of this title. If there are objections or if not owner occupied, the applicant must apply
for a conditional use permit.
3. The schedule for R-2 shall apply to an R-2P zone.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict. All other sections of Chapter 18.08 not
Ordinance - Page 6
chubbuck 061219 ttl 18 dulpex ord.wpd
Chubbuck City Code 18.28.030 Variances
Text of Code Staff Analysis
Variances may be granted where the lands involved:
Are of such size or configuration, Lot is 0.23 ac; typical lot shape.
Are subject to such title limitations of record, No title limitations were indicated or shown in the
application materials
Are affected by such topographical or location
conditions,
Lot is relatively flat, platted, no unique topography
or geology
Or have been so developed lawfully prior to advent of
zoning in 1972,
Victorian Village 3rd platted = 10/2003;
Home constructed in 2010
That it would be impossible…to compel the applicant to adhere
strictly to the provisions of this title.
See below for “grounds of impossibility” description.
Upon review, Staff does not find that the
application satisfies grounds of impossibility to
quality it for a variance approval.
However, no variance shall be granted upon the
grounds of impossibility if compliance is merely
inconvenient, burdensome or difficult.
The application is sought out of convenience and
ease.
Or that it would create a private hardship not required to protect
the public interest to compel the applicant to adhere strictly to
the provisions of this title.
See below for “grounds for a private hardship”.
Upon review, Staff does not find that the
application satisfies the grounds for a private
hardship.
Except as provided below, neither shall a variance be granted
upon the grounds of "private hardship" unless:
All criteria below must be satisfied to qualify for a
private hardship.
1) the hardship was not created or allowed to
occur by the applicant, the landowner or any of
their agents;
Per City records, applicant is the original
homeowner of the lot; Hardship is caused by
applicant seeking to build the unit.
2) the hardship was not known or foreseeable at
the time when the lands in question, or an
interest therein, were acquired;
Setback requirements for the zone have not
changed since the home was built.
3) the hardship is serious, immediate and unavoidable;
and
Setback requirements for the zone have not
changed since the home was built.
4) alleviating the hardship will not create a
possible present or future hardship for any
other private party nor will it be contrary to the
public interest.
As proposed, the structure (if built) could result in
stormwater runoff onto public property, a violation
of municipal code chapter 8.56.
Applicant claims that the addition could remove
vehicles from being parked on the roadway as a
benefit to the public interest. City Staff finds no
public benefit to this claim.
Although unlikely, should the City desire to
construct next to the building, additional public
costs will be incurred to satisfy building code
relating to firewalls due to the proximity of
structures.
In no event shall any variance be granted merely because
compliance with this title would diminish the financial return
from use of the lands in question or because it will reduce the
market value of the lands.
Not applicable. Applicant has made no such claim
that not granting the variance would diminish the
financial return or that it would reduce market
value.
herein amended shall remain in effect.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
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 dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this _____ day of ____________________, 2019
____________________________________
Kevin B. England, Mayor
ATTEST:
____________________________
Joey Bowers, City Clerk
Ordinance - Page 7
chubbuck 061219 ttl 18 dulpex ord.wpd
GENERAL BUSINESS
ITEM NO.1:
BROOKSTONE DIV.8
&11 PRELIMINARY
PLAT
Public Works Department
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
BROOKSTONE ESTATES, DIVISION NO 8 & 11
PRELIMINARY PLAT REQUEST - STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
REGULAR MEETING ON JULY 9, 2019
STAFF FINDINGS SUMMARIZED
After reviewing the Brookstone Estates Division 8 & 11 preliminary plat, Staff finds that it appears to
meet the code requirements with the following comments:
The plat is in harmony with the Brookstone Estates master plan, which included divisions 8 and
11 where they are situated in this application
Future connections to Lamar Rd and Reeds Rd are acknowledged in the plat
FACTS
REQUEST: The applicant proposes a Preliminary Plat for 35 residential building lots in the Brookstone Estates
subdivision, Divisions 8 (12 lots) and 11 (23 lots). It includes partial dedications/connections to Lamar
Road on the west, and Reeds Road to the east. (Reeds Road is an unbuilt platted street in the Bar-X Tracts
subdivision in unincorporated Bannock County.)
Background: This is the 8th division of the Brookstone Estates subdivision. The applicant intends to submit
separate final plats for divisions 8 and 11. Recommendation/approval of this preliminary plat shall be
whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes.
TYPE OF COMMISSION ACTION: Quasi-Judicial (Subject to appeal; decisions must be supported by
the evidence and by applying law to the facts; decisions shall be based on the standards for
approval). The Commission may recommend approval with or without conditions, may table a
decision, or may recommend denial of the application.
OWNER/APPLICANT:
Rockwell Homes, Inc.
Paul Johnson, President
Greg Hansen, Vice President
3539 Briar Creek Lane, Suite E
Ammon, ID 83446
PROFESSIONAL SERVICES:
Eagle Rock Engineering and Land Surveying, LLC
1331 Fremont Avenue
Idaho Falls, ID 83402
LOCATION: SE ¼ of Section 5, Township 6 South, Range 34 East, of the Boise Meridian, generally
located north and west of Brookstone Street and south of the Church Lateral Canal in Chubbuck,
Idaho.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Limited Residential (R-2)
and Limited Residential P (R-2P)
CURRENT LAND USE: Vacant
PROJECT SIZE: ±8.6 acres
VIEWS: Generally visible from all directions
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: None
RECENT TRAFFIC COUNTS:
2018: Chubbuck Rd at Jasmine Dr, 3,076/day
2018: Chubbuck Rd at Rio Vista Rd, 1,611/day
2018: Philbin Rd so of Chubbuck Rd, 5,005/day
BTPO TRAFFIC MODEL ESTIMATES:
2018: Brookstone Rd at Chubbuck Rd, 1,397/day
2018: Lamar St at Chubbuck Rd, 842/day
2018: Angela St at Philbin Rd, 774/day
SURROUNDING LAND USES AND ZONING
NORTH: Vacant/rural residential; Bannock County Residential Suburban zone
EAST: Agriculture; Bannock County Residential Suburban zone
SOUTH: Single Family Residential; Limited Residential (R-2) and Limited Residential P (R-2P)-) zones
WEST: Agriculture; Bannock County Residential Suburban zone
SERVICES:
ACCESS STREET: Current access from Brookstone Street, future access will include Lamar Street
FIRE PROTECTION: City
SEWAGE DISPOSAL: City
CULINARY WATER SERVICE: City
PROCEDURES:
1. In accordance with City Code 17.12.030-050 and Resolution 2018-009, a complete petition and
fees for a preliminary plat were filed with the City, and which contained the appropriate
documents and waiver requests pursuant to 17.12.040.
2. In accordance with City Code 17.12.100, the application is scheduled to be heard at the July 9,
2019 Regular Meeting of the Land Use and Development Commission.
3. In accordance with City Code 17.12.080, notice were provided as follows:
a. Notices posted on the subject property.
b. Notices provided to City departments, other government agencies, and affected public
utility providers.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §50-13, Plats and Vacations
b. §67-6513, Subdivision Ordinance
2. Chubbuck Comprehensive Plan (as amended)
3. Chubbuck City Code
a. Title 16, Land Improvement Standards
b. Title 17, Land Development, specifically (others may be identified by staff, LUDC, City
Council or others)
c. Title 18, Land Use
PUBLIC COMMENTS:
1. No written comments were received as of this report.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
STANDARDS FOR REVIEWING A PRELIMINARY PLAT
1. Is the Preliminary Plat consistent with the City’s Comprehensive Plan?
Staff has identified the following as potentially applying to this application; decision makers should
evaluate the following summaries and determine if they are applicable to the proposal and if others
can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim.
Goal Objective Policy Staff Comment
Ch. 4, Goal 5:
Encourage compatible
land uses
5.1: Encourage transition
of land use to avoid
conflicts
a. Adhere to land use
designations of the
Comp Plan Map
The map designates the
area as Medium Density
Residential and Mixed
Use, categories intended
for future residential
zoning, as well limited
commercial in the Mixed
Use category.
Ch. 5, Goal 1 Provide
for safe and free-flowing
traffic for all
modes of transportation
1.7: provide a connected
network of pedestrian
friendly streets
a. Design new streets
to connect with other
streets.
g. Provide sidewalks
along both sides of
streets
The proposal appears to
conform to the policy.
Ch. 6, Goal 2:
Encourage new
development that is
compatible with
existing buildings
2.1: Use design
guidelines, standards,
incentives to ensure
compatible development
with existing
development
a. Bulk/height of new
residential infill shall
be similar in scale to
surrounding residential
development.
The proposal appears to
conform to the policy,
although it is not
technically infill.
2. Does the Preliminary Plat comply with all the applicable laws and ordinances?
CITY CODE TITLE 17- LAND DEVELOPMENT
Compliant Standards and Staff Comments
Yes No N/A City Code City Standard and Staff Comments
X 17.12.030,
17.12.050 Copies to be Submitted, Notice and Fee
Staff
Comments
The applicant has completed the requirements of these
sections.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
X Department
Comments
Public Works:
1) This department has reviewed the applicant’s proposal
for compliance, finds that it meets the code
requirements. Concerns have been addressed by the
applicant.
X Department
Comments
Engineering:
1) This department has reviewed the applicant’s proposal
for compliance, finds that it meets the code
requirements.
X Department
Comments
Maintenance / Operations:
1) This department has reviewed the applicant’s proposal
for compliance and no deficiencies have been
reported.
X Department
Comments
Fire Department:
1) This department has reviewed the applicant’s proposal
for compliance and no deficiencies have been
reported.
X Department
Comments
Police Department:
1) This department has reviewed the applicant’s proposal
for compliance and no deficiencies have been
reported.
CITY CODE TITLE 18- LAND USE
Compliant Standards and Staff Comments
Yes No N/A City Code City Standard and Staff Comments
X
18.08.042A Height and area Regulations
Staff
Comments
This is proposed in the R-2 and R-2P zones and strictures are
limited to 35 ft high with 6,000 sf minimum lot size (5,000 sf in
R-2P).
X 18.08.044 Lot Width to depth ratio
Staff
Comments
This is proposed in the R-2 and R-2P zones, maximum ratio is
1:2
PRELIMINARY PLAT STANDARDS
Compliant Standards and Staff Comments
Yes No N/A City Code City Standard and Staff Comments
X 17.12.150 Form of Presentation
Staff
Comments Applicant has provided all information required of this section.
X 17.12.160 Identification and Descriptive Data
Staff
Comments Applicant has provided all information required of this section.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
X 17.12.170 Existing Conditions Data
Staff
Comments
Applicant has provided a preliminary plat showing existing
contours, locations of existing water and sewer systems, street
names and rights-of-way, and all other information required of
this section.
X 17.12.180 Proposed Conditions Data
Staff
Comments
Applicant has provided a preliminary plat showing proposed
conditions including lot dimensions, easement use and
locations, and street layout including proposed dedication of
additional right-of-way.
X 17.12.190 Proposed Utility Methods
Staff
Comments
Water and sewer will be piped into the development, applicant
has provided service locations shown on the preliminary plat.
PUBLIC IMPROVEMENT REQUIREMENTS
Improvement Description
Water Water mainlines with services will be constructed and connected to existing
water mainlines.
Sewer Sewer mainlines with services will be constructed and connected to existing
sewer mainlines.
Streets Right-of-way has been dedicated and the streets will be constructed per
16.12.020C and in accordance with the comprehensive plan.
Storm Drainage Storm water from the street will be retained in the roadway drainage swale, while
storm water from the lots will be required to be retained on site.
Pressurized Secondary
Irrigation
Secondary irrigation facilities will be designed and constructed in accordance
with section 16.12.230 of city code.
Parks Park commitments are addressed in a future phase and with park impact fees as
needed.
EXAMPLE MOTIONS
APPROVAL:
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code 17.12.100, and having
found that those criteria for approving a preliminary plat request are satisfied, I move to recommend
approval of the preliminary plat as described in the application materials to the City Council with the
following conditions and waiver recommendations:
1. (if found necessary by LUDC).
APPROVAL (NO CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code 17.12.100, and having
found that those criteria for approving a preliminary plat request are satisfied, I move to recommend
approval of the preliminary plat as described in the application materials.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
DENIAL:
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code 17.12.100, and having
found that those criteria for approving a preliminary plat request are not satisfied, I move to
recommend denial of the preliminary plat request as described in the application materials.
I find that the petition fails to comply with… [CITE SPECIFIC STANDARD WHICH IS NOT MET AND
DESCRIBE WHY IT WAS NOT MET].
SPECIAL CONSIDERATIONS FROM IDAHO CODE:
I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions
unacceptable to the landowner may be subject to the regulatory taking analysis provided for
by section 67-8003, Idaho Code, consistent with the requirements established thereby.
REPORT:
Don Matson, Senior Planner
dmatson@cityofchubbuck.us
(208) 237-2430
Staff comments in this report are based solely
upon evidence available at the time of the
report. Additional information may be
brought to light at or before the hearing. DATE: July 2, 2019
EXHIBITS
1. Reference Map
2. Application for Preliminary Plat
3. Plat
4. Narrative for Preliminary Plat
5. Maps
a. Future Land Use
b. Current Zoning
6. Evidence of Notice
a. Site Posting
b. Agency notices on file w/staff
Subject
Property
Exhibit 1: Reference Map
Brookstone Estates Divisions 8 and 11
Sunset West
Subdivision
Brookstone
Estates
Subdivision
Chubbuck RdPhilbin RdLamar StBrookstone StAngela St
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S0° 33' 34"E 296.47'S19° 14' 16"E 9.55'N86° 50' 10"E 122.58'75.02'75.02'64.68'31.18'33.00'33.00'81.50'81.50'105.00'33.00'33.00'11.64'8965 SF8965 SFN19° 14'
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N19° 14'
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N19° 14'
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111.22'
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S00° 18' 53"W110.00'S00° 18' 53"W110.00'S00° 18' 53"W110.00'S00° 18' 53"W110.00'33.96'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'77.12'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'27.08'7150 SF7150 SF7150 SFL=42.80'R=332.53'L=65.58'R=333.94'IRR IRR SSSSSSSS70.00'L=8.27'R=134.50'52.63'8'
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'ADAM SNARRANGIE VALDEZ06/28/20191"=40'KURT ROLANDDIV 11 P&P.DWGSURVEYED BY:DRAWN BY:PROJECT NO.APPROVED BY:OFFICES AT:1331 Fremont Ave. Idaho Falls, Idaho 83402310 N 2nd East, Suite 153Rexburg, Idaho 83440CAD NAME:REVISION:DATE:SCALE:EAGLE ROCK NGINEERINGCIVIL PLANNING SURVEYINGIDAHO FALLS (208) 542-2665 REXBURG (208) 359-2665170834814CONTOURSSECTION CORNERBOUNDARY LINELOT LINEPUBLIC UTILITY EASEMENT (P.U.E.)P.O.B.POINT OF BEGINNINGSECTION LINEDIV 8 ACRES = 3.367DIV 11 = 5.320TOTAL ACRES = 8.687 ACRES35 RESIDENTIAL LOTSDENSITY = 4.02 UNITS PER ACREAVERAGE LOT SIZE = 7,950 SFEXISTING ZONE =R-2PNOTES1.NO ACCESS WILL BE ALLOWED FROM INDIVIDUAL LOTS ONTO LAMAR ST.POWER - IDAHO POWERSEWER - CITY OF CHUBBUCKWATER - CITY OF CHUBBUCKPRELIMINARY PLATUTILITIES SERVED BY LEGEND8''W( 8''SSPROPOSED 8" SANITARY SEWER LINEPROPOSED 8" WATER MAIN LINEPROPOSED PRESSURE IRRIGATION LINECENTERLINEWESN20'40'040'SCALE: 1" = 40'BROOKSTONE ESTATESDIVISION No. 8 & 11LOCATED IN THE SOUTHEAST 1/4 OF SECTION 5, T.6S., R.34E., B.M.CITY OF CHUBBUCK BANNOCK COUNTY, IDAHOPRELIMINARY PLATDEVELOPERROCKWELL HOMES, INC3539 BRIAR CREEK LANE STE. EAMMON IDAHO208.881.0733 3" CLASS II PLANT MIX PAVEMENT3" - CRUSHED 34" MINUS AGGREGATE LEVELING COURSE,COMPACTED TO 95% STANDARD PROCTOR DENSITYNON-WOVEN GEOTEXTILE FABRIC (AS REQUIREDBY CITY DESIGN STANDARDS)SUBGRADE EARTH COMPACTED TO95% STANDARD PROCTOR DENSITYTYPICAL RESIDENTIAL ROADWAY SECTION33.0033.0024.001.0024.001.009.009.004.00SIDEWALK4.00SIDEWALKROW
ROW
SOUTH 14 COR. SECTION 5.INST. NO.'S 765498 & 205149401327.69'N89°16'10"EEAST 1/16 CORNER ON SOUTH LINE OF SECTION 5. FOUND 2"ALUMINUM CAP MARKED PLS 2341.INSTRUMENT NO. 20514940SE CORNER SECTION 5. FOUND ALUMINUM CAP INCITY OF POCATELLO VAULT.INSTRUMENT NO.'S 628846, 20520360, & 20514184SECTION LINE - BASIS OF BEARINGN00°33'34"W 2309.01'5858498B L O C K 3BROOKSTONE ESTATES D
IV
IS
ION
No
.
6
INSTR.
NO
.
2151075315' PUBLICUTILITYEASEMENT10" - 2" MINUS PIT RUNTREATMENT PLANTPOCATELLO SEWAGERIO VISTA ROADWEST CHUBBUCK ROADPHILBIN ROADLOCATIONPROJECTVICINITY MAPWESN8765A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OFSECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO,DESCRIBED AS FOLLOWS:COMMENCING AT THE EAST 1/16 CORNER ON THE SOUTH LINE OF SECTION 5, TOWNSHIP 6SOUTH, RANGE 34 EAST, BOISE-MERIDIAN, BEING MARKED BY A 2 INCH ALUMINUM CAP MARKEDP.L.S. 2341, RECORDED UNDER CORNER PERPETUATION INSTRUMENT NO. 20514940; BASIS OFBEARING PER CITY DATUM BASED ON CENTRAL MERIDIAN OF EAST ZONE OF IDAHO STATE PLANECOORDINATE SYSTEM; THENCE N00°33'34"W, ALONG THE E 1/16 LINE OF SECTION 5, A DISTANCEOF 2309.01 FEET TO THE NORTHEAST CORNER, LOT 8 BLOCK 2 BROOKSTONE ESTATES DIVISION 6,AS RECORDED UNDER INST. NO. 21510755; THE TRUE POINT OF BEGINNING; AND RUNNINGTHENCE ALONG SAID NORTH BOUNDARY LINE OF SAID SUBDIVISION FOR THE FOLLOWING FOUR (4)COURSES; (1) N89°41'07"W A DISTANCE OF 145.02 FEET ; (2) S70°45'44"W A DISTANCE OF 66.00FEET; (3) S19°14'16"E A DISTANCE OF 9.55 FEET; (4) S70°45'44"W A DISTANCE OF 268.00 FEET;THENCE N19°14'16"W A DISTANCE OF 110.00 FEET; THENCE N12°11'37"W A DISTANCE OF 66.50FEET; THENCE N19°14'16"W A DISTANCE OF 109.01 FEET; THENCE N71°57'40"E A DISTANCE OF439.76 FEET; THENCE N86°50'10"E A DISTANCE OF 122.58 FEET; THENCE S00°33'34"E A DISTANCEOF 296.47 FEET TO THE POINT OF BEGINNING, CONTAINING 3.367 ACRES.BOUNDARY DESCRIPTION NO. 8A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS:COMMENCING AT THE EAST 1/16 CORNER ON THE SOUTH LINE OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34EAST, BOISE-MERIDIAN, BEING MARKED BY A 2 INCH ALUMINUM CAP MARKED P.L.S. 2341, RECORDED UNDERCORNER PERPETUATION INSTRUMENT NO. 20514940; BASIS OF BEARING PER CITY DATUM BASED ON CENTRALMERIDIAN OF EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM; THENCE N00°33'34"W, ALONG THE E1/16 LINE OF SECTION 5, 2309.01 FEET TO THE NORTHEAST CORNER, LOT 8 BLOCK 2 BROOKSTONE ESTATESDIVISION 6, AS RECORDED UNDER INST. NO. 21510755; AND RUNNING THENCE ALONG SAID NORTHBOUNDARY LINE OF SAID SUBDIVISION FOR THE FOLLOWING FOUR (4) COURSES; (1) N89°41'07"W 145.02 FEET; (2) S70°45'44"W 66.00 FEET; (3) S19°14'16"E 9.55 FEET; (4) S70°45'44"W 268.00 FEET TO THE POINT OFBEGINNING; RUNNING THENCE ALONG THE EAST BOUNDARY OF BROOKSTONE ESTATES DIVISION 8 THEFOLLOWING THREE (3) COURSES; (1)N19°14'16"W A DISTANCE OF 110.00 FEET; (2) THENCE N12°11'37"W ADISTANCE OF 66.50 FEET; (3) THENCE N19°14'16"W A DISTANCE OF 109.01 FEET; THENCE S71°57'40”W ADISTANCE OF 355.07 FEET; THENCE N90°00'00”W A DISTANCE OF 409.10 FEET; THENCE S00°21'55”E ADISTANCE OF 281.61 FEET; THENCE S89°09'59”E 468.43 FEET; THENCE N70°45'44”E 384.20 FEET TO THE POINTOF BEGINNING, CONTAINING 5.320 ACRES.BOUNDARY DESCRIPTION NO. 11CAMDEN ST 7654311091011P.O.B.NO. 8B L O C K 2BROOKSTONE ST
S89°49'24"E1305.03'P.O.B.NO.1115' PUBLICUTILITYEASEMENT15' PUBLICUTILITYEASEMENT15' PUBLICUTILITYEASEMENT50' TEMPORARYTURN AROUNDEASEMENT -EASEMENT WILLEXPIRE WHENPETERSBURG ISEXTENDED WESTB L O C K 2B L O C K 3S89°09'59"E 393.02'C2C1N70°45'44"E
309
.88
'N70°45'44"E
296
.92
'N70°45'44"E
63
.02
'C1 103.67' 300.00 19°47'58" S80°39'44"W 103.16'C2 105.09' 300.00 20°04'17" N80°47'53"E 104.56'CURVE LENGTHRADIUSDELTA CHORD BEARINGCHORD #CURVE TABLEN19°14'
1
6
"
W
1
3
3
.
4
5'DIVISION NO. 11DIVISION NO. 8DIVISIONBOUNDARY LINEBROOKSTONE ESTATES D
IV
IS
ION No.
4
INSTR
.
NO
. 21412257UNPLATTEDCANAL R-O-WCANAL BANKIRRIGATION DESIGN IS A PARTOF SEPARATE SUBMITTAL9FUTURER-O-W2TIE NEW ALIGNMENT INTOEXISTING REEDS ROADCENTERLINE OFCANALLOT 1A TO BEDEDICATED TO THECITY FOR FUTURERIGHT-OF-WAY80' MINOR ARTERIAL -LAMAR STPER CITY OF CHUBBUCKSTD DWGFUTURE LAMAR ST CENTERLINE4' SIDEWALK2' STANDARD CURB & GUTTERSECTIONLINEFUTURE LAMAR STCENTERLINE4' SIDEWALKEAST LAMAR ST R-O-W40'40'15'
City of Chubbuck
Preliminary Plat Application
6-10-2019
Section E:
E2. Master Plan is attached
E3. This is a part of the original Brookstone Estates and all CC&R’s will remain for this
submittal for the preliminary plat for Divisions 7 and 11.
E4.
1. Brookstone Estates Subdivision consists of several divisions all of which comply with the
applicable provisions of this title. The attached preliminary plat consists of 2 divisions
containing a total of 34 lots.
2. The Subdivision proposal complies in principle with all city design standards and
development regulations i.e. constructed meeting City of Chubbuck Standards.
3. Brookstone Estates Subdivision complies with the zoning requirements and applicable
zoning standards.
4. All public facilities including streets, sidewalks, curb & gutter, potable water, sanitary
sewer, fire protection, and sanitation services can be provided meeting City of Chubbuck
Standards. Streets are extended and provide connection as required. Temporary dead end
streets (which will be completed during future phasing) will be constructed with a temporary
turn-around with applicable signage and barricades.
5. In the event the City of Chubbuck requires a TIS, we would be able to complete and submit.
The subdivision design allows for several access points which should mitigate traffic
congestion.
6. This subdivision provides street connection to a well-developed transportation system within
the City with no features preventing connection.
7. This subdivision meets the bicycle and pedestrian transportation needs in accordance with
Bannack Transportation Planning Organization adopted plans.
8. All public utilities are designed to be provided to all lots within this subdivision.
Additional Questions and Reply:
17.12.020 Planning Conference
1. Nature of land use: Residential
2. Municipal services and public utilities: potable water, sanitary sewer, natural gas,
phone/fiber, cable, non-potable irrigation from Fort Hall Irrigation, power – all applicable
utilities.
3. Vehicular and Pedestrian Traffic: It is estimated from the ITE Trip Generation Manual 34
lots to add approximately 340 vpd, and pedestrian to be minimal.
4. Structures and improvements: right-of-way design standards to meet City of Chubbuck
Standards and homes meeting residential standards similar to previous divisions.
5. Lot and Block Layout: see attached preliminary plat for lot sizes.
6. Open spaces for recreation and public facilities: park is planned to be constructed on the
north side of the canal during the next phases.
7. Relationship with land use and development on adjoin property: no changes – same zoning.
8. Proof of ownership, agency for the owner or option or purchase from the owner of the land
to be developed: on record with Bannock County and will provide deed.
Exhibit 5a: Future Land Use Map
Brookstone Estates Divisions 8 and 11
Subject
Property
Sunset West
Subdivision
Brookstone
Estates
Subdivision
Chubbuck RdPhilbin RdLamar StBrookstone StAngela St
Exhibit 5b: Current Zoning Map
Alpine Crossing Division 1
Subject
Property
Sunset West
Subdivision
Brookstone
Estates
Subdivision
Chubbuck RdPhilbin RdLamar StBrookstone StAngela St
Exhibit 6a: Site Posting
Brookstone Estates Div. 8 and 11
Brookstone Street – June 19, 2019