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HomeMy WebLinkAbout0796 18.34 Harvest Springs Zoning21911625 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 7-916 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING CHAPTER 18.34 CREATIVE COMMUNITY -HARVEST SPRINGS ZONING DISTRICT (CC - HS); DEFINING THE GEOGRAPHICAL AREA ENCOMPASSED BY SAID ZONING DISTRICT AND THE INTENT AND PURPOSE OF SAID ZONE; PROVIDING DEFINITIONS; PROVIDING FOR BUILD -OUT DENSITIES, BOTH MAXIMUM AND MINIMUM AND OCCUPIED FLOOR AREA; PROVIDING FOR OPEN SPACE REQUIREMENTS; SETTING FORTH A SCHEDULE OF GENERAL CONTROLS FOR THE LAND USE DESIGNATIONS WITHIN THE AREA OF RESIDENTIAL (R), VILLAGE (V), TOWN (T) AND BUSINESS AND RESEARCH PARK (BRP) AND LAND USE CHARTS SETTING FORTH USES THAT ARE PERMITTED, CONDITIONALLY PERMITTED, PERMITTED WITH RESTRICTIONS OR NOT PERMITTED; PROVING FOR LOTS SIZES AND WIDTHS, SETBACKS AND BUILDING HEIGHTS IN THE VARIOUS LAND USE DISTRICTS; PROVING FOR GENERAL CONTROLS INCLUDING CLUSTERING, LIKE USES FACING LIKE USES; FENCING, BUFFERING, UTILITIES AND STORAGE OF RECREATIONAL VEHICLES AND OTHER SUCH VEHICLES; REQUIRING AN ARCHITECTURAL CONTROL COMMITTEE; PROVIDING FOR APPRAISALS THROUGH A MASTER DEVELOPMENT PLAN PROCESS; ADDRESSING CORNER LOTS, ENTRY SIDEWALKS AND PORCHES AND GROUND -LEVEL AESTHETICS AND ACCESS; PROVING PARKING STANDARDS WITH REQUIRED NUMBER OF SPACES AND DIMENSIONS; PROVIDING SIGNAGE, LANDSCAPING AND STREET STANDARDS; PROVIDING FOR PARKS AND OPEN SPACES; PROVIDING FOR ADMINISTRATIVE PROVISIONS, APPEALS, INTERPRETATIONS AND DEVIATIONS FROM THE MASTER PLAN APPROVAL; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section I. Adoption of Chapter 18.34. The following Chapter 18.34 to the Chubbuck Municipal Code is hereby adopted: ORDINANCE - Page 1. chubbuck 072619 HS zon cd.%vpd �R. 2 1 5 A 11= 38 �r y 21911625 Chanter 18.34: Creative Community - Harvest Springs Zoning District (CC -HS) Table of Contents 18.34.010: Applicability; Purpose and Intent; 18.34.020: Definitions: 18.34.030: Maximum and Minimum Build -out Density and Occupied Floor Area; Open Space Requirements 18.34.040: Schedule of General Controls; Land Use Chart 18.34.050: Schedule of General Controls; Bulk, Landscape, and Design Standards 18.34.060: General Controls 18.34.070: Parking Standards 18.34.080: Signage Standards 18.34.090: Landscaping Standards 18.34.100: Street Standards 18.34.110: Parks and Open Space 18.34.120: Plan and Agreement Changes; Administration 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 18.08.01 OK and in accordance with municipal code chapter 18.21, and as described in this chapter. B. Boundary Legal Description: The following described property is governed by this Chapter; 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 % earner of Section 35, said point being monumented by a 314" 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 Northeast corner of said parcel of land, said point being ORDINANCE - Page 2. chubbuck 072619 HS zon cd.wpd 21911625 the center 114 corner of Section 35, being nlonumented by a 518" 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°3I'3I" East a distance of 808.83 feet; 3. North 18'21'19" East a distance of 318.85 feet; 4. North 26'1 7' 16" East a distance of 314.45 feet; 5. North 13'1 V58" East a distance of 241.08 to a point on the North line of said Section 35; thence South 89°45'49" East, along the North line of Section 35, a distance of 1152.05 feet to the North 114 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. 1-15-2(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 are 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 are 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 5034'22" 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 '19100" West a distance of 243.43 feet to a point on the South line of said ORDINANCE - Page 3. Chubbuck 072619 HS zon cd.wpd 21911625 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, mare 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 18.21.410 and to specifically address the following goals: Place, a Vision, and an Opportunity: A goal of the Commtmity 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 fonn and detailing, and landscaping, Harvest Springs draws Froin 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 now 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. 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. 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 ntix 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, ORDINANCE - Page 4. chubbuck 072619 HS zon cd.wpd G 219--625 access opportunities, and infrastructure systems located in proximity to the district. 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. 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-fiont 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 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. 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 arc 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 ORDINANCE - Page 5. chubbuck 072619 HS zon cd.wpd /U 2f 9IM5 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: With the establishment of this zoning district, modifications from municipal code are allowed with the Harvest Springs zoning districts as applicable. 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. 15.34.020: 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 hornes, 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 rnaximu n 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 heishe 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 corn rnercially-operated theaters. ORDINANCE - Page 6. chubbuck 072619 H5 zon cd.wpd A 2MIG25 Duplex: A single building containing two individual dwellings on one parcel. The dwellings may be side by side or up and down (see also Twin Hoine). 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. 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 allotiv 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 -plexi A building containing four individual dwellings. Accessory dwelling units are not included ORDINANCE - Page T chubbuck 072619 MS zon cd.wpd 2 Al.IC25 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 1. 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. 2. Maximum and Minimum Number of Residential Units; A maximum of 1,375 residential units are pennitted 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 18.21.020 C and the minimum established through the MDP approval process, in no instance shall the 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. Maximum Square Feet of Occupied Floor Area for Non -Residential Uses: There is no restriction on maximum 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. 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 B. ORDINANCE - Page S. chubbuck 072619 }1S zon cd.wpd 2 191.16 25 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 'W" 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 A 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 plat design, or other elements that may be identified during the platting process. Land Use Designation Areas are as follows: 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_ ORDINANCE - Page 9. chubbuck 072619 HS zon cd.wpd -'� vo 2MIG25 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 Chart: U5e Land Use Designation Area Res. Village Town BRP Residential Single-family (detached) P P P X Single-family (attached) P P P X Duplex, Triplex,Quadplex ' R' Multi -family (5+ units) R' R' R` R` Accessory dwelling units P P P p Horne Occupation, minor R' R' R R2 Home Occupation, major RZ RZ R'` R' Model homes/Sales office P P p P Mixed use building (such as commercial ground floor & residential above) X P p P Commercial Auto sales X X X P Gas stations X X X P Sexual! -based businesses X X X X ORDINANCE - Page 16. chubbuck 072619 HS zon cd.wpd 2191.IG25 Key to Super Scripts in Chart: ORDINANCE - Page 11. chubbuck 072619 HS zon cd.wpd Storage facilities X R3 R3 R3 Off-street parking facilities R3 R3 R3 R3 General Office RS R6 P P Personal and Professional Services R5 R6 p P All other commercial uses R5 R6 R3 P Lodging Hotel/Motel X X P P Short-term Rental P P P P Bed and Breakfast C C C C Industrial Heavy Industrial X X X _ X Light Industrial X X C P Cividlustitutional Assembly, Place of C; R' C; R$ C C School (public or private) C C C C Government facility (excluding critical infrastructure) X X C C Media X X P P Agriculture Agriculture (except livestock) P P P P Livestock R° W R9 X Key to Super Scripts in Chart: ORDINANCE - Page 11. chubbuck 072619 HS zon cd.wpd 21511625 1). 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. 2). 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. 3). 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. 4). Off-street parking is limited to surface or sub -surface parking lots. Parking lots must be set back 10 feet fi-otn 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. 5). Tenant spaces are limited to 5,000 sf maximum. 6). Supermarket and grocery stores are limited to 15,000 sf maximum, Personal services provided primarily to neighborhood residents are limited to 10,000 square feet per tenant. 7). The following restrictions apply: a. Building footprint must not be larger than 35,000 sq. ft. Larger buildings may be permitted by CUP. b. Drive-throughs and access lanes between buildings and sidewalks are not permitted. 8) Storage of non -retail materials and making, assembling, remodeling, repairing, altering, finishing, or refinishing of its 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. 9). Limited to size not to exceed 30,000 sf. 10.) 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. ORDINANCE - Page 12. chubbuck 072619 H5 zon cd.wpd J\� 21911025 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: ORDINANCE - Page 13. chubbuck 072619 HS zon cd.wpd 211625 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 (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 ORDINANCE - Page 14. chubbuck 072619 HS zon cd.wpd Required Setbacks',` Land Use Front Side Side Rear Garage Garage Yard' Yard Yard Yard (Street (Alley (Min. — @ Loaded)' Loaded)' Max) Corner Lot Residential 10'-25' 6' 10' 5' 15' 5' Village 10'-25' 6' 10' 5' 15' 5' Town G 10'-25' 6' 10' 5 15' 5' Business 10'-25' 6' 10' 5' 15' 5' and Research Park s 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 (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 ORDINANCE - Page 14. chubbuck 072619 HS zon cd.wpd 2151.625 configurations as provided in this section. Use easements may be utilized for provision of private yards. 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 Moor 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 Se#backs 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. C. Cul -De -Sac Lots: Setbacks shall be taken from the nearest proposed ORDINANCE - Page 15. chubbuck 072619 HS zon cd.wpd 2191.625 foundation corner, and measured perpendicular to the property lines f. Flag Lots: A flag Iot 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 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: I. Zero lot line developments 2. "Z" lot configurations 3. Common access easements configurations 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)' I Residential 2 Village 3 Town 4 - Business and Research Park 4 Stories are the number of stories above grade at the front of the structure street ORDINANCE - Page 16. chubbuck 072619 HS zon cd.wpd n 2i9liC25 J� 1 �r 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 as groups having common parking areas and common ingress and egress points in order to reduce the number of vehicle and bikelpedestrian 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. ORDINANCE - Page 17. chubbuck 072619 HS zoic cd.wpd �\ "XQ 2191iM 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 (b') 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 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. ORDINANCE - Page 18. chubbuck 072619 HS zon cd.wpd 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 moor 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: 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: ORDINANCE - Page 19. chubbuck 072619 HS zon cd.wpd Required Spaces Use/Structure Per [Jnit Dwelling Unit, detached or attached less than orequal to three dwellings 2 Dwelling Unit, attached more than three dwellings 1.75 Dwelling Unit, Accessory 1 ORDINANCE - Page 19. chubbuck 072619 HS zon cd.wpd I,© 219f iC25 Multi -family studio units 1 Group Quarters Calculated in same manner s non-residential uses 2, Nan -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 ORDINANCE - Page 20, chubbuck 072619 HS zon cd.wpd /,Y` 2191.1.025 r 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 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: 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. 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. 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. 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 ORDINANCE - Page 2I. chubbuck 072619 HS zon cd.wpd 2191.925 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: I . 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. 2. The Iandscaping 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: 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 ane -and -one-half inches (1.5") diameter at breast height. 2. Medians and planter strips shall be planted with landscape materials per section 18.34.090.1) 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 ruay 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 ORDINANCE - Page 22. chubbuck 072619 HS zon cd.wpd 2sg_iC2 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 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 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 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 steal I 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 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, ORDINANCE - Page 23. chubbuck 072619 NS zon cd.wpd , 21911 625 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 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 mect 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. ORDINANCE - Page 24. Chubbuck 072619 HS zon cd.wpd 2191if25 G. Tyhee Road/Harvest Springs Boulevard: The design of Harvest Springs Boulevard 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 ExtensionlNew 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 Road, which said construction costs may be available for reimbursement through an approved Urban Renewal District. A One Hundred foot (100') wide right of way shall be dedicated to the City of Chubbuck for the full build out of Harvest Springs Boulevard. 15.34.110: PARKS AND OPEN SPACE 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. 2. Sensitive Areas and Buffers: Sensitive areas and buffers are the steep slopes (slopes above 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. I 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. 4. 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. 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. ORDINANCE - Page 25. chubbuck 072619 H5 zon cd. wpd -Vq 219: 1025 =� 6. 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. 7. 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. 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 ORDINANCE - Page 26. chubbuck 072619 H5 zon cd.wpd 2AIiC25 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; 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 ORDINANCE - Page 27. chubbuck 072619 HS zon cd.wpd 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: I. 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. ADMINISTRATIVE PROVISIONS Section 1. Repeat 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. Section 2. Severability. The sections of this ordinance are severable. The invalidity of 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. ORDINANCE - Page 28. chubbuck 072619 HS zon cd,wpd 2MIC25 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this T day of );hf VIS T , 2019. is &u Kevin B. England, MAYOR ATTEST: oe wers, CITY CLERK ORDINANCE - Page 29. chubbuck 072619 HS zon cd.wpd ZONING MAP FOR: HARVEST SPRINGS DEVELOPMENT LOCATED IN SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY. IDAHO .._Attachment.B __. I aoi a sW,{ I�r+Ir7 �.ic.. wurctr wellbfC4[R W's7a'] �Exhibit A F} v�aNm NtAr l si Harvest 5 p r I N s s LEGM a NOTE$ a�owr ue.m�n hc.,. w,noe ea.w ZONING MAP FOR THE: HARVEST SPRINGS DEVELOPMENT -CATEO IN SECTION 35, P 7MNS�1HIP S SOUTH, RANGE 34 EAST, 9.M., SANNOCK COUNTY, IDAHO 1 _ OE11E{OEFI INfOW�IIlINI -1--1 AieL ar'F f ties e�/1 PeV asa�Io v r � a n a' Z3 0 C3 ZI m v T3 Z3 Er a. v_ m D C2 = 6 CD 0 C2 -0 (D CD CQ � N �• v Q co co ZI - a_ s v A3 Q1 (D N �- (D W ulz OPEN SPACE/ TRANSPORTATION PLAN FOR THE: HARVEST SPRINGS DEVELOPMENT LOCATED IN SECTION 35, YnwutW x C —11. DRUG! 9A CA- O u GALT-- --l— I -- Attachment 8 ° Exhibit B 1 atNa�swrhrins9 ,z rrf, qua o.,••,. pr.�•) mom Ao""= NLA► Harvest S p r I n g Y LEGEND k NWO O�xof w�irGwuu� Haw.,wrvea. p+� xwrORYrIUY iNMSYS1Ex i:�._� rxu16••te.G Ixraneolnoco muw,v..w �--�r wwuena rxm eax"••�« SHEET SOMMAIUES wxl+Ioo:cl p'EN pA(E 1�: Uc/GI yq, wY➢lµu.o'cl IARVEST SPRINGS DEVELOPMENT LOCATED IN SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNDCK COUNTY, IDAHO ■ Or/fwa • fxrw�ara L PLrnrr ■ D � ■ ie a.Kiru�N■wti.IeiLLYHrmrrymwrre ■ E ■ ■YL ixilLfArlxlr/xAmArr/AW4rOrre � � ■ ■ 3 %fir ■ CD fU ■ ■ .-t ao r ■ D GO ■ ! J.'. ■ !■■■■■ SUMMARY OF ORDINANCE NO. 7 9C An ordinance of the City of Chubbuck, a inunicipal corporation of the state of Idaho, adopting Chapter 18.34 Creative Community -harvest Springs Zoning District (CC -HS); defining the geographical area encompassed by said zoning district and the intent and purpose of said zone; providing definitions; providing for build -out densities, both maximum and minimum and occupied floor area; providing for open space requirements; setting forth a schedule of general controls for the land use designations within the area of Residential (R), Village (V), Town (T) and Business and Research Park (BRP) and land use charts setting forth uses that are permitted, conditionally permitted, permitted with restrictions or not permitted; proving for lots sizes and widths, setbacks and building heights in the various land use districts; proving for general controls including clustering, like uses facing like uses; fencing, buffering, utilities and storage of recreational vehicles and other such vehicles; requiring an Architectural Control Committee; providing for appraisals through a master development plan process; addressing corner lots, entry sidewalks and porches and ground -level aesthetics and access; proving parking standards with required number of spaces and dimensions; providing signage, landscaping and street standards; providing for parks and open spaces; providing for administrative provisions, appeals, interpretations and deviations from the Master Plan Approval; providing for the repeal of conflicting ordinances; providing for the severability of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 7 q� and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this day of _ 1� v s s , 2019. Thornas J. Hohn Attorney SUMMARY OF ORDINANCE - Page 1 chuhhuck 073019 ord sum cc-hs.wpd