HomeMy WebLinkAbout0801 18.35 Northside Crossing Zoningam
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. W/
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING CHAPTER
18.35 CREATIVE COMMUNITY-NORTHSIDE CROSSING ZONING DISTRICT
(CC -NC); 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
VILLAGE (V), TOWN (T) AND BUSINESS AND RESEARCH PARK (SRP) 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 1. Adoption of Chapter 18.35. The following Chapter 18.35 to the Chubbuck
Municipal Code is hereby adopted:
Ill
/-'�7 t ryC.Cs lk i.°.
CITY OF CHUBBUCK
ORDINANCE - Page 1. o , r- n. 28
chubbuck 082919 NCX zon ord.wpd ` t 3 3 �� SEP
219I3539
Chapter 18.35: Creative Community - Northside Crossing Zoning District CC -NC
Table of Contents
1835.010: Applicability; Purpose and Intent; Relationship to Other Land Use and
Development Controls and Codes; Chapter Supersedes Portions of Code as
Described
18.35.020: Definitions:
18.35.030: Maximum and Minimum Build -out Density and Occupied Floor Area; Open
Space Requirements
18.35.040: Schedule of General Controls; Land Use Chart
18.35.050: Schedule of General Controls; Bulk, Landscape, and Design Standards
18.35.060: General Controls
18.35.070: Parking Standards
18.35.080: Signage Standards
18.35.090: Landscaping Standards
18.35.100: Street Standards
18.35.110: Parks and Open Space
18.35.120: Plan and Agreement Changes; Administration
18.35.010: APPLICABILITY; PURPOSE AND INTENT; RELATIONSI-IIP 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 Northside
Crossing Creative Community zoning district as defined by municipal code section
18.08.010 K and in accordance with municipal code chapter 18.2 1, and as described in
this Chapter.
B. Boundary Legal Description: The following described property is governed by this
Chapter:
A tract of land located in the Southeast '/a of Section 34 and the West 1/z of Section 35,
Township 5 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described as
follows:
Beginning at the Northwest corner of Section 35, being monurnented by a railroad spike
as described in corner perpetuation filed for record as Instrument No. 20520343 in the
ORDINANCE - Page 2.
chubbuck 082919 NCX zon ord.wpd
�;o :5
4 910 dje
official records of Bannock County;
Thence South 89°46'49" East, along the North line of Section 35, a distance of 1485.77
feet to a point on the center of the Hiline Canal.
Thence following along the centerline of the Hiline Canal over the following eight (8)
courses:
1. South 13'l F58" West a distance of 241.08 feet;
2. South 26'17'16" West a distance of 314.45 feet;
3. South 18'21'19" West a distance of 318.85 feet;
4. South 9°31'31" West a distance of 808.83 feet;
5. South 0°35'06" West a distance of 1029.73 feet;
6. South 1'13'28" East a distance of 352.00 feet;
7. South 8°00'48" East a distance of 396.63 feet;
South 5'46'10" East a distance of 583.20 feet to a point on the North boundary line
of a parcel of land belonging to Randy Merica and Teresa Merica as described in
Warranty Deed recorded as Instrument No. 896747 in the official records of Bannock
County;
Thence following along the North and West boundary lines of said parcel of land over
the following two (2) courses:
1. North 89°46'42" West a distance of 1184.49 feet to a point on the West line of said
Section 35;
2. South 0°14'09" West a distance of 861.18 feet;
Thence North 89°36'44" West a distance of 720.00 feet;
Thence South 0°14'09" West a distance of 432.66 feet;
Thence North 89°36'44" West a distance of 264.32 feet to a point on the East right-of-
way
ight-ofway line of the Railroad;
Thence North 1 ° 12'43" West, along the railroad right-of-way line, a distance of 1711.74
feet;
Thence South 89'10'48" East a distance of 1027.62 feet to a point on the West line of
said Section 35;
Thence North 0°14'09" East, along the said section line, a distance of 914.35 feet to the
114 corner common to Section 34 and 35, being monumented by/a" rebar with plastic
cap as described in corner perpetuation filed for record as Instrument No. 20520348 in
the official records of Bannock County;
ORDINANCE - Page 3.
chubbuck 082919 NCX zon ord.wpd
-�Vb 219-13 5 3D
Thence North 0'14'10" East, continuing along said section line, a distance of 2648.86
feet to the Point of Beginning.
Excepting Therefrom:
A parcel of land belonging to Steven Allen Wilson as described in Warranty Deed
recorded as Instrument No. 21404143 in the official records of Bannock County
described as follows:
Commencing at the NW corner of Section 35, T 5 S, R 34 EBM:
Thence S 36 degrees 07' E 1450 feet to the P.O.B.
Thence N 01 degrees 26' E 241.0 feet:
Thence S 87 degrees 36' E 22 0.5 6 feet (recorded as 210 feet):
Thence S 12 degrees 01' W 259.49 feet (recorded as 259 feet):
Thence N 84 degrees 59' W 173.21 feet (recorded as 174.50 feet):
Thence N 01 degrees 26' E 6.97 feet to the P.O.B.
A Total of 1.14 acres (recorded as 1.04 Acres)
Total Project Area is 136.07 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.
Specifically, the Northside Crossing development goals are as follows:
Northside Crossing at New Day will provide a new opportunity for its residents.
Much like the dawn of a new day, our new community will provide residents a
new beginning, a new start, and a new life every day of the year. The Community
Builder together with the City has partnered together to create an open and
inviting neighborhood to all those who live or visit here. It is the Community
Builder's goal to create a truly walkable neighborhood that is easy and safe to
navigate. Through comprehensive site planning this community will incorporate
something for everyone. Miles of walking paths will connect dozens of acres of
open spaces, parks, and recreational areas. These recreational areas are intended
to promote health and wellness along with offering places for gathering. The
"Hub" at Town Center will be a place for public events, live entertainment and
music, apartment over retail living, and many other creative uses.
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
Northside Crossing MDP, consistent with the MDP Approval and this Chapter,
ORDINANCE - Page 4.
chubbuck 082919 NCX zon ord.wpd
61 .g 9 - �) 5 -0 �J
will fiilfill 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 Northside Crossing 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. Health and wellness is intended to be the focus in this
community. 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 Northside Crossing 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.
Protect the Environment: A goal of the Community Builder and City is to create a
creative community that seeks to protect the landscape and allow in residents to
enjoy the outdoors. Idaho is a beautiful state. People will be moving here for that
reason. Solar, as a renewable energy source will encouraged. Water conservation
efforts will be met through smart landscaping and the use of Fort Hall water for
irrigation. Recycling and other repurposing receptacles are envision to be placed
strategically in the community.
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 Northside Crossing 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 Northside Crossing 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.
ORDINANCE - Page 5.
chubbuck 082919 NCX zon ord.wpd
�V(
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, Iand uses, housing types and businesses that meet or
exceed the design standards and guidelines throughout the Northside Crossing
MDP.
9. Sustainability: A goal of the Community Builder is to integrate Low Impact
Development techniques within the Northside Crossing 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:
With the establishment of this zoning district, modifications from municipal code
are allowed with the CC -NC 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.
18.35.020: 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
ORDINANCE - Page 6.
chubbuck 082919 NCX zon ord.wpd
/1�3511D
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 Northside Crossing Creative Cominunity 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. The dwellings
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.
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
ORDINANCE - Page 7.
chubbuck 082919 NCX zon ord.wpd
.,� a,
219 1rie'Jcl9
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 Horne: 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.
18.35.030: MAXIMUM AND MINIMUM BUILD -OUT DENSITY AND OCCUPIED FLOOR
AREA; OPEN SPACE REQUIREMENTS
A. The Northside Crossing 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 1400 residential
units are permitted within the zoning district including 650 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 400 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
ORDINANCE - Page 8.
chubbuck 082919 NCX zon ord.wpd
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 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.
D. Open Space Minimum Area Requirement: At least 18 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 maybe 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.
18.35.040: 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 Northside Crossing zoning district are
three (3) 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:
ORDINANCE - Page 9.
chubbuck 082919 NCX zon ord.wpd
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.
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.
3. 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:
Use
Land Use Designation Area
Village I Town J BRP
Residential
Single-family (detached)
P
P
P
Single-family (attached)
P
P
P
Duplex, Triplex, Quadplex
R'
R'
R'
Multi -family (5+ units)
R'
R'
R'
Accessory dwelling units
P
P
P
Home Occupation, minor
Rz
R7
R' -
Home Occupation, major
RZ
R2
R2
Model homes/Sales office
P
P
P
Mixed use building (such as commercial
ground floor & residential above, or shop
homes)
P
P
P
ORDINANCE - Page 10.
chubbuck 082919 NCX zon ord.wpd
ti1935 a9
Commercial
Auto sales
X
X
P
Gas stations
C
X
P
Sexually-bascd businesses
X
X
X
Storage facilities
R'
Off-street parking facilities
Ra
R
General Office
R5
P
P
Personal and Professional Services
R5
P
P
All other commercial uses
RG
R)
P
Lodging
Hotel/Motel
X
P
P
Short-term Rental
P
P
P
Bed and Breakfast
C
C
C
Industrial
Heavy Industrial
X
X
X
Light Industrial
X
C
P
Civic/Institutional
Assembly, Place of
Q R'
C
C
School (public or private)
C
C
C
Government facility (excluding critical
X
C
C
infrastructure)
Media
X
P
P
Agriculture
Agriculture (except livestock)
P
P
P
ORDINANCE - Page 11.
chubbuck 082919 NCX zon ord.wpd
Livestock
Key to Super Scripts in Chart:
219°113539
R8 R
X
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 parking lots. 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.
5). See all other commercial uses.
b). 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). Limited to size not to exceed 30,000 square feet.
8). 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.
9). 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.
C. Storage of non -retail materials and making, assembling, remodeling,
repairing, altering, finishing, or refinishing of its products or merchandise
is permitted provided:
ORDINANCE - Page 12.
chubbuck 082919 NCX zon ord.wpd
/)�0,�")
i. These activities are completely screened within the premises
occupied by the establishment.
ii. These activities are clearly accessory to sales and display
activities.
18.35.050: 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 18.35.030 of this chapter, and lots must be of
sufficient size to meet dimensional standards of this section for their intended use.
B. Setbacks:
Chart:
ORDINANCE - Page 13,
diubbuck 082919 NCX zon ord.wpd
Required Setbacks 4, `
Land Use
Front
Side
Side
Rear
Garage
Garage
Yard'
Yard
Yard
Yard
(Street
(Alley
(Min. —
@
Loaded)'
Loaded)'
Max)
Corner
Lot
Village
10'-25'
6
10'
5'
15'
5'
Town'
10'-25'
6'
10'
5'
15'
5'
Business
10'-25'
6'
10'
5'
15'
5'
and
Research
Park 6
ORDINANCE - Page 13,
diubbuck 082919 NCX zon ord.wpd
2913539
Key to Super Scripts in Chart:
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
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.
Setbacks are measured from the outside wall of the foundation of a structure to
the property Iines in a perpendicular fashion unless otherwise stated herein.
ORDINANCE - Page 14.
chubbuck 082919 NCX zon ord.wpd
219il35�
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
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. Alterative Lot Configurations: Iii order to promote creative and unique site designs,
alternative lot configurations are allowed within the Northside Crossing Zoning District.
Alternative lot configurations include, but are not limited to:
1. Zero lot line developments
2. "Z" lot configurations
Common access easements configurations
4. Courtyard
D. Deviations from Dimensional Standards: The following deviations from dimensional
standards may be allowed by the City:
Front and side yard setbacks set by this chapter for residential structures
may be administratively reduced up to a maximum of ten percent (10%)
ORDINANCE - Page 15.
chubbuck 082919 NCX zon ord.wpd
IP103 5 "J9
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)' Z
Village
3
Town
4
Business and Research Park
4
Key to Super Scripts in Chart:
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.
Heights up to 35' with more than 2 stories may be permitted for buildings such as
split level homes or buildings with attic offices or quarters.
18.35.060: 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
ORDINANCE - Page 16.
chubbuck 082919 NCX zon ord.wpd
, 00 219/3539
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 Community Builder 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
ORDINANCE - Page 17.
chubbuck 082919 NCX zoa ord.wpd
% 219.13539
iia` V
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.
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.
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.
18.35.070: 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 18.35.090 of this
ORDINANCE - Page 18.
chubbuck 082919 NCX zon ord.wpd
2191353 9.
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:
Use/Structure
Required Spaces
Per Unit
Dwelling Unit, detached or attached less than
ore ual to three dwellings
2
Dwelling Unit, attached more than three
dwellings
1.75
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.
ORDINANCE - Page 19.
chubbuck 082919 NCX zon ord.wpd
B. Parking Dimensions: Parking dimensions shall meet or exceed the following standards:
Spaces:
a. Standard space: 9.5 ft x 18 ft, with a 2 R 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.
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.
Drive aisle width for parking lots with perpendicular parking is twenty-four feet
(24') minimum, and for angled parking the width is twenty feet (20') minimum
for two-way traffic.
C. Motorcycle and Bicycle Parking: Motorcycle and bicycle parking shall meet the following
standards:
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 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.
18.35.080: SIGNAGE STANDARDS
A. Sign Standards Applicability: All Phases and Neighborhoods within the Northside
Crossing Zoning District 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.
ORDINANCE - Page 20.
chubbuck 082919 NCX zon ord.wpd
�0"1 219`L3530
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 Sighs: Signs identifying each neighborhood within the MDP
shall be installed at the beginning and end of each neighborhood.
18.35.090: LANDSCAPING STANDARDS
A. Applicability: The provisions of this Section establish the landscape standards for the
Northside Crossing 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:
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.
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
ORDINANCE - Page 21.
chubbuck 082919 NCX zon ord.wpd
ti
2.913533
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.
Medians and planter strips shall be planted with landscape materials per section
18.35.090.1) of this Chapter. Trees, shrubs and groundcovers may be planted in
drifts, or as appropriate for stormwater quality/Low Impact Development.
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:
One (1) tree for every ten (10) stalls located in islands or perimeter landscaping;
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);
All landscape areas mast 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;
4. Minimum width of all landscape areas is 4 feet. A reduction in width of up to two
(2) feet maybe 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
ORDINANCE - Page 22.
chubbuck 092919 NCX zon ord.wpd
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.
18.35.100: 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 Northside
Crossing zoning district in order to:
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 Northside Crossing Zoning 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, Collectors and Neighborhood
Streets. 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.
D. Off -Site Connections Required: The Northside Crossing 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 meet the
following guidelines as applicable:
ORDINANCE - Page 23.
chubbuck 092919 NCX zon ord.wpd
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: The design of Tyhee Road, as proposed to realign through the district, will
extend from the Union Pacific Railroad to Hiline Road and will be designed to create an
intersection with it's extension being build by the Community Builder of the Creative
Community -Harvest Springs Developer, The Community Builder may dedicate and plan
a 100' wide right-of-way to be dedicated since the right-of-way will contain a separated
multi -use path and five (5) lanes.
18.35.110: PARKS AND OPEN SPACE
A. The Community Builder is responsible for the design and constriction 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 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
ORDINANCE - Page 24.
chubbuck 082919 NCX zon ord.wpd
21913539
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 18.35.120.
18.35.120: 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
Northside Crossing 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.
ORDINANCE - Page 25.
chubbuck 082919 NCX zon ord.wpd
D. Deviations from the Master Development Plan Approval: An Amendment to the
Northside Crossing 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:
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 fifteen percent
(15%);
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;
The deviation will not increase any adverse environmental impact, provided that
additional environmental review maybe 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;
The deviation will not significantly impact the overall design of the approved
master development plan;
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
ORDINANCE - Page 26.
chubbuck 082919 NCX zon ord.wpd
X011.�i 3raJ9
advances nor to restrict infrastructure and timing of the development which may differ
from the approved concept.
G. Responsibility of the Community Builder to Ensure Compliance with this Chapter: The
Community Builder shall designate through its controlling community documents, a
cormnunity 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:
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. 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.
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 rile 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 27.
chubbuck 082919 NCX zon ord.wpd
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this —V - day of S2 e]� w. l(J2 r , 2019.
ATTEST:
, TTY CLERK
ORDINANCE - Page 28.
chubbuck 082919 NCX zon ord.wpd
\ f
II
r
i'
:��.
w
D I S T R�I C ��: �� �� � � = �
-
PARK
DISTRICT
GARDEN DISTRICT 7i
71
65
LEGEND
PARK DISTRICT
DQE+N
D;I,S T R I C T ' 7 9.f,8 ac
Northsi CENTRAL
'4 � SouEh
The D I S.T R I CT pk PROGRESSDISTRICT
72.19 ac
Hub
4 �
r z, r
Rail "jj
^r
i� r j,f' Ja. JMR
] qq
*ter r � \j
040
�. Hil�rre Road. -- -
tS4 _ —f
LEGEND
TOTAL OF ALLOPEhSPACE
I�Itpi MOL",
cz
}