HomeMy WebLinkAbout01 28 2020 Study Sessionla�O�k\ -
CHUBBUCK
I U R H a
City of Chubbuck Land Use and Development Commission
Special Meeting- Work Session
Tuesday, January 28, 2020
6:00 PM
City Hall Council Chambers
5160 Yellowstone Avenue, Chubbuck, ID 83202
AGENDA
I. The Commission may review proposed city code text amendments by City Staff and provide input on the
following sections of draft code: 18.28 Administration Chapter, 18.20 Planned Unit Developments (PUDs)
Chapter, 18.06 Definitions Chapter, and a new proposed chapter 18.10, relating to Accessory Dwelling Units
(ADUs).
II. Adjourn
City Hall and the City Council Chambers are accessible for persons with disabilities. Any person needing special
accommodations to participate in the meeting should contact the City offices at 208.237.2430 at least 24 hours prior to
the meeting.
lao"�t\
CHUBBUCK
1 0 A H 0
Memo
Office of Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Land Use & Development Commission
From: Devin Hillam, Community Planning & Economic Development Director L)4
Date: January 21, 2020
Re: Chapter 18.28 Administration draft rewrite for 1.28.2020 LUDC Study Session
The following pages contain a complete rewrite of Chapter 18.28 ADMINISTRATION. The rewrite
itself was driven by several needs to:
• Align City Code with requirements of Idaho Code;
• Create clear standards and processes for CUPS, variances, rezones, etc., to aid
applicants, City Staff, LUDC, and the City Council;
• Create better review standards for annexations and comprehensive plan
amendments;
• Create a zoning development agreement standard as allowed by Idaho Code; and
• Increase due process for administrative decisions as well as LUDC decisions.
Please review the draft code and compare it with the current code
(httl2://www.sterlingcodifiers.com/codebook/index.php?book id=632&chapter id=44078) and
come prepared to discuss the proposal in detail along with any other thoughts or comments.
18.28 ADMINISTRATION
18.28.10: SCOPE; SUMMARY TABLE OF PROCEDURES
A. Scope: The administrative procedures set forth in this chapter apply, except as otherwise
indicated, to applications or petitions for design review clearance, issuance of conditional
use permits (including PUD approval), granting of variances, revisions of use districts, and
any other amendment of this title or of the city's comprehensive plan. This Chapter does
not apply to other procedures in other chapters or titles unless specifically listed in said
other chapters (i.e., design review, creative community, plats).
B. Summary Table of Procedures:
R= Recommendation; D= Decisioi , A= Appeals; PH=public Hearing; — eeting I
PWD= Public Works Director; LUDC= Land Use & Development Commission; CC= City Council
Procedure
Code Cross-
reference
Description
I=
PWD
LUDC
CC
onditional U rmit
Generally
PH -D
PM -A
Minor
Modification
PM -A
PM -A
Major
Modificati
PH -D
PM -A
variance
Generally
PH -D
PM -A
Administrative
D
PM -A
PM -A
Comprehensive Plan Amendment
(Map or Text)
PH -R'
PM -D
Title Amendment (Map or Text)
PH -R'
PM -D
Annexation & Initial Zoning
PH -R'
PM -D
Requests for Reconsideration
PM -D
Notes:
1. If the Commission recommends a material change to the proposal than which was
presented at the hearing, it shall give notice of its proposed recommendation and conduct
another public hearing concerning the matter prior to making a recommendation to the City
Council.
C. Public Hearing Notice Requirements:
2
Procedure
Post on
Surrounding
Agency/Political
Publication in
Posted on
Notice
Sitel
Property Owner
Sub./Utility
Official
City's Website
to
Mailingz
Notice'
Newspaper4
and on Notice
Media
Bulletins
as PSA6
Conditional Use Permit- General
Yes
Yes
Yes
Yes
Yes
No
Conditional Use Permit- Minor
Modification
No
No
No
No
No
No
Conditional Use Permit- Major
Modification
Follow General CUP Process and Requirements
Variance- General
Yes
Yes
Yes
No
No
No
Variance- Administrative
No
No
No
No
No
No
Comprehensive Plan
Yes
Yes
Yes
Yes
Yes
Yes
Amendment- Map
MW
Comprehensive Plan
N/A
N/A
a
Yes
Yes
Yes
Amendment- Text '1%
Title Amendment- Map
Yes
Yes
Yes
Yes
Yes
No
Title Amendment- Text
N/A
N/ ,
Yes
Yes
Yes
No
Annexation (Does not incl
initial zoning action)
Follow requirements established in Idaho Code 50-222 depending on category of annexation
Initial Zoning
es
Yes Yes'
Yes
Yes
No
Requests for Reconsideration
PM -D
Notes Jr J I I T1
1. Post Notice on Site: At least fifteen (15) days before the hearing, signs shall be placed
at least one on location on the subject property at a location deemed most visible to the
public by the public works director. To increase visibility, the public works director
may post more than one sign per project.
2. Surrounding Property Owner Mailing: At least fifteen (15) days before the hearing,
notice of the time and place, and a summary of the proposal shall be sent via USPS to
property owners of record per the Bannock County Assessor. Except for Variances, all
notices required to be send to surrounding property owners shall be at a radius of at
least 300' from the external boundaries of all contiguous lands owned by the applicant
or applicants of the subject property for which the permit is sought, and may include
any addition land which the public works director deems may be substantially
impacted. Notices for variances shall be required to be sent only to adjoining
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landowners; for purposes of this section, "adjoining" shall mean property owners
across the street. When notice is required to two hundred (200) or more property
owners or purchasers of record, sufficient notice shall be deemed to have been provided
if the city provides notice through a display advertisement at least four inches (4") by
two (2) columns in size in the official newspaper of the city at least fifteen (15) calendar
days prior to the hearing date, in addition to site posting on all external boundaries of
the site.
3. Agency, Political Subdivision, and Utility Notice: Except for variances, at least fifteen
(15) days before the hearing, notice of the time and place, and a summary of the
proposal shall be sent via USPS, or via a method otherwise requested by the entity, to
re following agencies: Bannock County, City of Pocatello,—Pocatello-Chubbuck
Auditorium District,of Library District, School Di� ric , Pocatello Airport,
Fort Hall Irrigation Proj Idaho Fish and Game, Idaho Transportation Department,
United States Postal Of , Idaho Public Health District #6, Bannock Transportation
Planning Organization, aho Power„ Cable One, Century1, Intermountain Gas,
and any other entity deamed appropriate by the public works director. Notice of
variance application shall only be required to be sent via USPS, or via a method
Abd otherwise requested by t ntit o the manager thitcatello Airport.
4. Publication in Official Ne a At least fifteen (15) days before the hear , notice
of the time and place, and a summary of the proposal shall be published in the
newspaper named in city code chapter 2.24.
5. Posted on City's Website and on Notice Bulletin: At least fifteen (15) days before the
hearing, notice of the time and place, and a summary of the proposal shall be posted on
the City's webpage and on the City's public notice bulletin board in City Hall.
6. Notice as a PSA: At least fifteen (15) days before the hearing, notice of the time and
place, and a summary of the proposal shall be sent to other papers, radio, and television
stations serving the city for use as a public service announcement.
18.28.020: CONDITIONAL USE PERMITS (C.U.P.) PROCEDURES
A. Applicability: Conditional or special use permits are those which are not allowed outright
within a zone but may be allowed only if certain conditions of approval are satisfied. The
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purpose of this section is to prescribe the procedure for the accommodation of uses with
special site or design requirements, operating characteristics, or potential adverse effects
on surroundings. This procedure shall apply to all proposals for which a CUP is required
by city code.
B. Design Review Committee Review to Occur Prior to Making Application: Prior to making
application for a CUP, where a design review approval is required by Chapter 18.16, the
applicant shall first obtain a design review clearance of the project such that the Committee
may review and relay technical details of the project as they relate to this or other titles of
City code. A design review approval does not constitute approval of the use and the Land
Use and Development Commission may attached more stringent requirements upon a CUP
than the Design Review Committee.
en quireJApply:
edures:
1. Authority]ersonY ppropertythis tit ay
conditional use permit is issue the
or has a contractual intein real
for a conditional use it. A
,ant afthorizing applicant se the
property for the use specified in thLpermitly
d subject to any conditio posed
upon the use. The public w rks director require the submission special
ies related to the social, onomic, fiscal, and environmental effec nd any
6*fviation hazard as defined i aho Code 21-501(2) along with the appliEation.
2. Complete Applications Due 30 Days before Hearing: Complete applications
containing the required information and in the format prescribed by the Public
Works Director and all fees as established by resolution of the Council shall be
submitted to the public works director at least thirty (30) calendar days before the
desired hearing. In the event that an application is deemed incomplete and
additional information is required from the applicant, the Director may remove the
item from the desired meeting's agenda.
3. Notification Requirements: Notices for the public hearing shall be provided in
accordance with section 18.28.1OC.
4. Public Hearing: A public hearing shall be held by the Land Use and Development
Commission in accordance with procedures adopted by City Council resolution. At
the public hearing, the Commission shall receive pertinent evidence concerning the
5
proposed use and the proposed conditions under which it would be operated or
maintained, particularly with respect to the standards of approval in Section
18.28.020.C5.
5. Standards for Approving a CUP: A CUP may only be approved if the Land Use and
Development Commission makes affirmative findings of fact on each of the
following standards:
a. The proposed use is conditionally permitted in the subject land use district
and complies with all of the applicable provisions of city code unless
modified through the conditional use permit process;
b. The proposed use is generally not in conflict with the goals, objectives, and
c
policies of the adopted Comprehensive Plar�
The proposaduse is compatiblAwith other existing and permitted uses in
the general vicinity.
d. The proposed use wi
and fire protection,
FF
undue burden on transportation, police
ools, police an - EMS protections, and
other public facilities, or agencies, in the vicinity.
e. The proposed use is harmonious in scale, mass, coverage, density, and
intensity with all adj t permitted land u
- f. The proposed ul, t complies with al nditions impose Iill not
adversely affect other properties or the environment in the vicinity to a
materially greater extent that would uses permitted outright by this Code.
6. Conditions of Approval: It is not the intent of this Section to restrict or specify
design proposed or to specify the exterior detail or design, color, or materials,
except as such detail is of such magnitude as to affect the general appearance and
compatibility of the development with its surroundings. In order to make
affirmative findings relating to the standards established in section 18.28.020.C.5,
the Commission may condition approval of the permit on compliance, including
but not limited to, the following:
a. Conformity to approved plans and specifications;
b. Provision of open spaces, pathways, buffer strips, walls, fences,
landscaping, and lighting;
2
c. Minimizing adverse impact on other development;
d. Controlling the sequence and timing of development;
e. Assuring that development is maintained properly;
f. Designating the provision of on-site or off-site public facilities or services;
g. Requiring more restrictive standards than those generally required by the
Code;
h. Requiring the mitigation of effects of the proposed development upon
service delivery to the property by any political subdivision, including
school districts.
7. Requiring Special Studies: Prior to making a decision or as a condition of approval,
r%a
and Use and Development Commission may require the s b ission of special
es related to the social, economic, fiscal, and e ironmental effects and any
ion hazard as defined in Idaho Code 21-501(2).
Variance or Waiver Development Standards Included in Permit: Pursuant to
de 67X512( , the Land Yse and Development Comission may approve,
ance with notice and approval criteria in Section 18.28.030, a change from
standards located in this Title. The pplicati�n must specify the changes
d and address the'approvalcr a via rrative. When an application
b requests, only the fee fora co ion se permit shall apply.
9. Effective Date: The decision of the Land Use and Development Commission shall
be effective ten (10) calendar days from the date that the findings of fact and
conclusions of law is approved by the Chair.
10. Application Resubmittal: No application for a conditional use permit that has been
denied by the Commission or City Council shall be resubmitted in either the same
or substantially same form less than one (1) year from the date of the final action,
unless specifically authorized by the granting body during the final action decision.
11. Regulatory Takings: Denial of a CUP or approval of the same with conditions
unacceptable to the landowner may be subject to the regulatory taking analysis
provided for by section 67-8003 of Idaho Code, consistent with requirements
established thereby.
D. Modifications to Approved CUPS
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1. Minor: The following are deemed minor and may be administratively approved by
the public works director:
a. A reduction in residential density that does not exceed twenty-five percent
(25%) of the total units;
b. A relocation of dwelling units or building pads for some practical reason
such as road alignment, topography, access, solar access, or stability in
hillside areas;
c. A change in phasing plan;
d. A modification to the recreation area or open space design, but not including
elimination or significant reduction of greater than ten percent (10%);
e. An increase or decrease he propos etback ads long as Code
requiremen met; or
f. Similar chan s determined by the director;
2. Major: Those items deemed minor by the public works direction are hereby
deemed major and may be approved by therrequirements,
and Development
Commission only after following the notice, and hearing
p ocedure tablished by this Chapter.
Regul Taking nalysis: Denial o1a CUP or ovaonal use permit with
condit ns unacceptable to the landowner may be 'ecttAa regulatory taking analysis
provided for by Idaho Code 67-8003, consistent with the requirements established thereby.
F. Term of Approval: Unless a longer time shall be specifically established as a condition or
allowance of approval, a conditional use permit shall lapse and become automatically void
one (1) calendar year following the date on which such permit became effective, unless
prior to expiration, the use has commenced and all conditions of the permit are satisfied.
G. Extension: A CUP subject to lapse maybe renewed by the Public Works Director onetime
for up to additional two (2) years provided that prior to the expiration date, a written
petition is filed at least thirty (30) days prior to lapse with the public works director and
that the director finds that none of the following circumstances existing; in the event that
the director finds that any of the following exist, the extension request shall be denied and
the applicant may appeal through the usual appeals process or may apply for a new
conditional use permit:
0
1. There have been significant amendments to the Comprehensive Plan or Land Use
ordinance which will affect the conditional use permit;
2. There have been significant land use changes in the vicinity which would adversely
impact the project or which would be adversely impacted by the project;
3. There are hazardous situations which have developed or have been discovered in
the area.
H. Approval is Non -Transferrable and Runs with the Land: A CUP is non -transferable from
one (1) parcel of land to another and shall run with the land and continue to be valid upon
a change of ownership of the site or structure, providing however that the new owner
complies with the permit.
I. Revocation of Permits: CUP�s may be revoked by the public works director at any time if
sined that any condition of the CUP oJany other city codeisteing violated. Prior
' to revoc tion, the applicant shall be afforded thirty (30) days after the date of notification
of noncompliance/intent to evoke to become compliant. Additionally, prior to revocation,
the applicant shall be afforded an opportur}ity for a hearing before the Council; said hearing
I
must be requested within seven (7) calendars of receipt of the notice of intent to revoke
the conditional use permit. ailure to come into co�lpliance within thirty (30) days of the
nom atir of noncomplian d f e to request such aring will result in immediate
revocation of the approved C ay constitute a viol n of this Title.
18.28.030: VARIANCES
A. Applicability: A variance shall not be considered a right or special privilege but may be
granted upon a determination by the decision making body that the approval criteria as
satisfied. A variance pursuant to this Chapter shall not apply to variances as described in
Chapter 15.54 Flood Damage Prevention, nor shall it apply to parking requirements. A
variance is defined as the modification of the bulk and placement requirements of the Land
Use Ordinance as to one (1) or more of the following items only:
1. Minimum lot area (square feet);
2. Minimum lot width and depth;
3. Minimum lot frontage;
4. Minimum front yard setback;
9
5. Minimum rear yard setback;
6. Minimum side yard setback;
7. Maximum building or structure height;
8. Any other land use ordinance provision affecting the size or shape of a structure or
building or the placement of a structure or building upon a lot, or the size of lots.
B. General Requirements and Procedures:
1. Authority to Apply: Any person who owns or has a contractual interest in real
property governed by this title may apply for a variance.
2. Complete Applications Due 30 Days before Hearing: Complete applications
containing the required information and in the format prescribed by the public
works director and all fees as est ed by resolution of the unc
submitted to the pub works dirlctor t least thirty (30) days be ore
hearing. In the eve at an application is deemed incomplete and
information is requi om the applicant, the director may remove the
. the desirecfineeting's agenda until such information is"fre-c-e—w—e-d and the,,
deemed complete.
shall be
wired
itional
from
Notification Requirements: Notices for the4publi aring shall be p ided in
t
anc ithsect 18.28.1OC. He g: A pub�h ig shall be h%by Land Use and De pment
Commission in accordance with procedures adopted by City Council resolution. At
the public hearing, the Commission shall receive pertinent evidence concerning the
proposal, particularly with respect to the standards of approval in Section
5. Standards for Approving a Variance; written final decision required: A variance
may be only approved if the Land Use and Development Commission makes
affirmative written findings of fact on each of the following standards:
a. The applicant has taken all reasonable steps to comply with the strict terms
of the ordinance from which a variance is requested.
b. Granting of the variance is not a right or special privilege.
c. Granting of the variance is due to an undue hardship as related to the
characteristics of the land, and the applicant has shown that, absent a
10
variance, they would be deprived of rights commonly enjoyed by other
properties in the identical zoning district under the terms of the title.
d. Granting of the variance is the result of an undue hardship caused by the
characteristics of the site and the creation of the hardship did not result from
actions of the applicant, or the current, or a prior landowner, or any of their
agents. In no event shall any variance be granted merely because
compliance would diminish the financial return from use of the land in
question or because it would reduce the market value of lands or because
compliance with code would be financially costly.
e. Granting of the variance does not adversely affect adj acent/nearby property.
f. Granting of the variance isetrimental the public health, safety, and
welfare. IL W
I i ,
6. Precedents: The granting of a prior variance or referencing property (developed
under pri(IMegulations is not admissible evidence for the granting of a new
variance. Each request for a variance shall be judged on its own facts and
circumstances. 1
7. Effective Date: The ision df the Land Use and Development Commi n shall
Offective ten (10 lendarrdays from e date that the findings ct and
onlusioi#f law is oved by the Chai
8. Application Resubmittal: No application for a variance that has been denied by the
Commission or City Council shall be resubmitted in either the same or substantially
same form less than one (1) year from the date of the final action, unless specifically
authorized by the granting body.
9. Regulatory Takings Analysis: Denial of a variance or approval of a variance request
with conditions not acceptable to the applicant may be subject to a regulatory taking
analysis provided for by Idaho Code 67-8003, consistent with the requirements
established thereby.
10. Variance Expiration: Authorization for an approved variance shall be valid for a
period of one (1) year from the date of approval. The applicant must initiate
implementation of the approved variance through construction within one (1) year
from the date of approval. The approval shall become null and void in the event
11
that implementation of the variance and all conditions are not initiated within said
one (1) year period. A variance permit that has expired prior to implementation
shall not be reestablished without a new variance being approved, unless the permit
is otherwise extended under the terms of this Chapter.
11. Time Extension: An applicant who has been granted a variance may request a time
extension that does not exceed an additional six (6) month period. A request for a
time extension must be submitted in writing at least thirty (30) days prior to the
expiration of the approved variance permit. The Director may grant the request
provided the applicant demonstrates good cause for the extension of the approved
permit. Only one extension may be granted. A denial of a time extension by the
Director may be appealed to the Use and Development Commission in
accordance with section 18.28.070.
12. Administrative Variance: The Director may appro e modification of a setback,
building height, lot coverage, or building footprin e requirements of this Title
by up to ten percent (10%), subjel to thy, Rowing requirements:
a. The applicant must provide writte consent from all adjoining property
owners of record, si fied by the o er's signature on a form provided by
the Director;
b. The consent folas clearly descr�the na�ure of the propos ariance
request and state that the property owner, by signing the form, is consenting
to the variance request;
c. If any of the adjoining owners fail to sign the form, then the administrative
variance cannot be processed by the Director; and
d. If the applicant fails to obtain all of the required signatures, they may at
their own discretion, submit a variance application pursuant to this section.
18.28.040: Comprehensive Plan Amendment
A. Purpose: The purpose of this section is to establish procedures for amendments to the text
and map components of the adopted Comprehensive Plan of the City of Chubbuck.
B. Applicability: The provisions of this section shall apply to any Comprehensive Plan
amendment application.
12
C. Hearing Requirements and Procedures:
1. Amendment Initiated by the City: The City Council, Land Use and Development
Commission, Mayor, or Public Works Director, may propose to amend the
Comprehensive Plan.
2. Amendment Initiated by a Property Owner: The applicant shall complete a pre -
application conference with the public works director prior to the submittal of a
comprehensive plan amendment application, the purpose of which for the potential
applicant to discuss their proposal with staff to identify any readily apparent issues
with the proposal.
3. Application deadlines for amendments to the Comprehensive Plan shall be June 15
and December 15 of every year.
r4. CompleteIli-caJbinitted
containing the equired info�an in ormat
prescribedheworks director and all fees as established by re tion of
the Councall Io the public works director. In the ev that an
application is deemed incomplete ,and additional information is require om the
applicant, the director may remove the from the desired meeting's alda until
such information is re ivednd the application deemed complete.ft1w
j*d
endmehRts Requir Least One (1) Public Hear nig: Prior to recommending the
ption, amendment, epeal of the Comprehensive Plan to the Council, the Land
Use and Development Commission shall conduct at least one (1) public hearing in
accordance with the resolution of the City Council and with notice provided in
accordance with section 18.28.1OC.
D. Recommendation to Council and Required Findings: Upon recommendation from the
Commission, the Council shall review the recommendation and the record at a public
meeting; at their discretion, the Council may call for a public hearing to be held and the
applicant shall be responsible to all costs of providing notice. The Council may approve a
Comprehensive Plan amendment based on the following criteria:
1. The proposed change is required for the public convenience or necessity, or the
general welfare of the community;
2. The proposed change is needed to recognize substantial changes in the actual
conditions of the area or City that have occurred since the Comprehensive Plan was
13
adopted, or is necessary to correct one or more goals, objectives, or policies that
exist in the plan;
3. The proposed change will comply with the community's goals, objectives, and
policies within the Comprehensive Plan, including its maps.
4. The proposed change will not place undue burden on transportation or other public
facilities in the planning area, and does not adversely impact the delivery of services
by any political subdivision.
E. Approval by Resolution: A Comprehensive Plan amendment shall become effective when
enacted by resolution by the Council.
18.28.050: Title Text and Map Amendments
A. Applicability: The purpose ohis section?tap,
ovide a p�
the zoning ordinance and/or t zoning distri or other
by the City Attorney to fall under the regulatory purview of
Act of the State of Idaho, Chapter 65, Title 67.
the text of
of city code deemed
Local Land Use Planning
res and Procedures
>n n Amendment
A dment Initiate)y the CitThe City Council,
Development Commission, Mayor, ublic Works Direct(
to amend the Comprehensive Plan.
b. Amendment Initiated by a Property Owner: An owner of private property
within the City of Chubbuck or their duly authorized representative, may
initiate a request to amend the text of this title or to amend the zoning district
map by submitting an application to the public works director.
c. Annexation of Land: The City shall apply the designation of a
comprehensive plan future land use designation and a zoning district for
land annexed into the City concurrent with the annexation process.
2. Complete Applications Due 30 Days before Hearing: Complete applications
containing the required information and in the format prescribed by the public
works director and all fees as established by resolution of the Council shall be
submitted to the public works director at least thirty (30) days before the desired
14
hearing. In the event that an application is deemed incomplete and additional
information is required from the applicant, the director may remove the item from
the desired meeting's agenda.
3. City May Require Conceptual Development Plan: When not accompanied by a plat
or other use permit, the City may require a conceptual development plan that
depicts streets, site access, internal circulation patterns, connectivity to adjacent
properties, general locations of buildings, land uses and parking, pedestrian
walkways, and private/public open space.
4. Notification Requirements: Notices for the public hearing shall be provided in
accordance with section 18.28.1OC.
Public Hearing: A public hearing shall be held by tyCityll
ared elopment
issi n ac ce with procedures adoptencires tion. At
the public ring, th ommission shall receive pertinent evidence con ing the
proposal, icular ith respect to the standards of approval ection
18.28.030 -
6. Recommendation: After considering the petition, facts, testimony, and review
criteria found in section 18.28.050.B.8, the Commission shall ake a
recomme ion to the Cit ouncil on wheth approve witho r with
0061conditions ny, or motif amendment requ Following the c ission
hearing, if the commission recommends a material change to the proposed
amendment which was considered at the hearing, it shall give notice of its proposed
recommendation and conduct another public hearing concerning the matter if the
council will not conduct a subsequent public hearing concerning the proposed
amendment. If the council will conduct a subsequent public hearing, notice of the
commission's recommendation shall be included in the notice of public hearing
provided by the council.
7. Council Review of Recommendation: Following receipt of the Commission's
recommendation, the Council shall hold a meeting to consider the request and the
recommendation of the Commission and shall render a decision.
8. Standards for Approving a Title Text or Map Amendment: A title amendment may
be only recommended for approval by the Land Use and Development
15
Commission, and approved by the City Council, if affirmative written findings of
fact are made on each of the following standards; concurring findings between the
two bodies are not necessary in order for the Council to approve, approve with
conditions, or deny an application:
a. Map Amendment:
u
1. The proposed amendment would be in the community's best
interest;
2. The list of uses permitted by the land use ordinance would blend
with surrounding land uses;
3. The subject site is suitable for the type and intensity of land uses
"adeqed under the proposed zoninggdistric
ua
ses permitted in%the propose zoningM dWMould be
te served by public facilities and services Mh
The proposed amendment would be adequately served by
transportation roukes, police and fire protection, water/sewer,
schools, police and
ll EMS protections, and other public facilities, or
agencies, to se e the public Health, safety, and general welfare;
The use pe 'tted in the propo zoning district uld be
compatible i rms of their scale ass, coverage, d y, and
intensity with adjacent land uses; and
7. The proposed use is generally not in conflict with the goals,
objectives, and policies of the adopted Comprehensive Plan. The
Commission and Council shall have discretion in interpreting exact
boundary locations of the future land use map designations when
considering map amendment requests.
a. Text Amendment:
1. The proposed text amendment would be in the community's best
interest;
2. The proposed text amendment is consistent with the existing
provisions of the zoning ordinance; and
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3. The proposed use is generally not in conflict with the goals,
objectives, and policies of the adopted Comprehensive Plan and
furthers them more than the adopted zoning text.
C. Approval by Ordinance: Zoning ordinance amendments, text or map, shall become
effective when the Council adopts an ordinance amending the Title and upon summary
publication.
D. Rezoning of Land Previously Rezoned within Past Four Years Requires Landowner
Signature: If the city council adopts a zoning classification pursuant to a request by a
property owner that is consistent with the adopted comprehensive plan, the council shall
not subsequently reverse its action or otherwise change the zoning classification of said
without a consent in writing of the current property owner fo a period of four
om the ate o on of said individual property owner rreques zoning
[Regulato
istrict assification change r Idaho Code 67-6511(d).
ry Takings Analy An amendment of a zoning ordinance applic to an
wner's lands or approval of conditional fezoning or denial of a request for rez g may
e subject to a regulatory taking analysis rovided or by Idaho Code 67-8003, sistent
L;Oose:
uirements established thereb*
elop Agreets:
oning development agreemen recEnt) is a discretion tool to
be used by the Land Use and Development Commission and the City Council.
Zoning development agreements allow a change in a zoning for a specific project,
with a specific use, to be developed in an area which may not be appropriate for all
uses permitted outright or conditionally within the proposed zone. Approval of the
agreement, pursuant to this section, would permit the proposed use, with
conditions, within the proposed zone.
2. Zoning Development Agreement Designation: Lands approved for a change in
zoning with zoning development agreements shall be designated by a "(ZDA)"
(zoning development agreement) on the map following the official zoning
designation (e.g., R-1(ZDA), R-2(ZDA), C-1(ZDA), PUD(ZDA), etc.).
Designation of property as (ZDA) shall not constitute "spot zoning" nor shall be it
17
presumptive proof that the zoning of other property adjacent to or in the vicinity of
the ZDA property should be zoned the same.
3. When Permitted or Required: An zoning development agreement may be permitted
or required at the discretion of the Commission or Council when considering a
request for a rezone. An agreement, when permitted or required, shall be initiated
through one of the following methods:
a. On request by the developer;
b. On recommendation of the public works director;
c. As required by the Commission or Council.
1. The Commission or Council may require that an agreement be
uted prior to A
mg a part ular ct
ragreement may be formulated whe approvaof t e rez wou
iWes within that zone which ay not be approp to the
but the subject project presented may have va to the
community which could otherwise be allowed through th e of an
agreement.
t
orm: In the event that a zoning dev ment agreement eemed
e Commission Council, the devel r or owner shall prepare and
ement with the City that shall be r wed and approved for form
by the City Attorney prior to final Council action. The agreement shall contain the
provisions set out below, and once executed by the developer/owner, shall be
presented to Council for its approval. Minimum provisions shall include:
a. Legal description of the subject property;
b. An affidavit by the owner of the property agreeing to the submission
of the use and property for an agreement;
c. A concept plan for the property including, but not limited to
preliminary site plans, elevation plans, density, and other pertinent
exhibits;
d. Construction schedule, including projected occupancy date.
e. Provisions for any reservation or dedication of land;
£ The duration of the agreement; and
18
g. A provisions that the owner/developer acknowledges and agrees that
failure to comply with the terms of the agreement shall result in a
rezoning of the real property to the zoning district existing
immediately prior to the execution of the agreement or, in the case
of the pre-existing zone being an initial zone at annexation, a zone
deemed appropriate by the Commission and Council.
h. A provision specifying that the agreement and all conditions, terms,
duties, and obligations included in said agreement shall be an
encumbrance on the real property and shall run with the land.
i. Any other matter required by the City Council.
18.28.060: ANNEXATIONS AND INITIA A
ING DE aMI'
A. Applicalpility: This section implements the expressed polirotheState of Idah that cities
of the State should be able to annex ladds which are reasonably necessary to sure the
orderly dev opment of Idaho's cities in order to allow efficient and economic 1 viable
provision tax -ported and fee -supported municipal servic'"td enable t orderly
develop of private lands which benefit from the cost-effective avai lity of
munici ervice ' urbanizing areas, and to equi bl allocate the costs of pub ervices
ement o velopmWn thl urban frin he orate boundary e City
may be expanded whenever the Council deems it to be for public convenience or necessity
or for the general welfare. This section shall apply to all lands which are allowed to annex
by State law in accordance with its procedures.
B. Prior Consent: For purposes of this section, prior consent to annex shall be deemed given
when evidenced by written authorization or approval executed by the owner or owner's
authorized agent. Consent shall be implied for the area of all lands connected to water or
wastewater systems operated by the City if the connection was requested in writing by the
owner, or the owner's authorized agent, or completed before July 1, 2008 and for lands
subject to a written consent to annex recorded in the County Recorder's office. Written
consent to annex, if recorded in the County Recorder's office, shall be binding upon
subsequent purchasers, heirs, or assigns of lands in the consent. Lands need not be
contiguous or adjacent to the city limits at the time the landowner consents to annexation
19
for the property to be subject to a valid consent to annex; provided however, no annexation
of lands shall occur, irrespective of consent, until such land becomes contiguous or adjacent
to the city limits.
C. Approval by Ordinance: Annexations and initial zoning shall become effective when the
Council adopts an ordinance and upon summary publication.
D. Annexation Required before Providing City Facilities and Services: Prior to providing
municipal facilities or services, the City will require annexation of those eligible properties
and if not eligible, written annexation consents to be recorded with the County Recorder's
office.
E. Application: A request for the annexation of property into the City may be initiated as
outlined in Idaho Code title 50, chapter 2. case of non -City initiated annexations, an
annexation application shall be filed and inclu all information required by the Director
and fees as required resoluti dopted by the Council, along with any other information
required by the sam chapt Idaho Code.
Notices and Hearing:
Standards for Approving Annexations:
a. Standards for Approving an Annexation:xation may be a ved by
Wk*#the City Council if affirmative writte ndi of fact are made each of
the following standards:
1. The land is contiguous or adjacent to the City boundary;
2. All portions of highways, streets, or roadways lying wholly or
partially within an area to be annexed shall be included within the
area requested for annexation unless expressly agreed between the
City and the County.
3. The annexation meets the requirements for its Annexation
Classification;
4. Annexation of the land is in the best interest of the City (i.e., income
generated by property taxes will exceed long-term costs associated
with maintenance and provision of services and facilities; the
advantages both to the City and to the area outweigh the
disadvantages; if previously developed, the area has the opportunity
20
to redeveloped or to develop at higher densities; if expenses required
exceed property tax income, the residents and/or Council agree to
form a local improvement district; annexation is equitable and fair
to existing residents; annexation would address a public health
concern);
5. The land is able to be served currently, or within a reasonable time,
by essential urban services.
6. A zoning district will be assigned via ordinance at the same time, or
immediately following, the annexation approval.
2. Annexation Classifications, Notice, and Procedure: In accordance with Idaho Code
Wrsection 50-222, three (3) annexations classifications have been established based
on the size of the area considered for Anexation, the prope 's contiguity to the
City, level of private landowner consent, and sometimes due to health-related
considerations. Annexation of all lands shall following the applicable notice and
procedures required by Idaho Code. ■
18.28.070: APPEAL OF MINI9TRATIVE DECISION
A. Written appeals of th blic Works Di or's decisions as authorized by this Title may be
filed by the applicant or affected person having a bona% interest in real property Idefined
in Idaho Code 67-6521. The appeal petition must be submitted within ten (10) days of the
Director's final decision and contain a description of the grievance as it pertains to the specific
standards for approval. The appeal shall be heard within a reasonable time by the Land Use and
Development Commission to review the decision of the Director and to hear testimony of the
appellant and applicant (if different from appellant). The Commission shall determine whether to
remand, uphold, modify, or overturn the decision of the Director, including whether to remove or
add conditions. A decision of the Commission may be appealed to the City Council in accordance
with section 18.28.080.
18.28.080: APPEAL OF LAND USE AND DEVELOPMENT COMMISSION DECISION
21
A. Written appeals of the Land Use and Development Commission's decisions, not
recommendations, may be filed by the applicant or any affected person having a bona fide
interest in real property as defined in Idaho Code section 67-6521. The appeal petition must
be submitted within ten (10) days of the Chair's approval of the written final decision,
contain a description of the grievance as it pertains to the specific standards for approval.
The appeal shall be heard within a reasonable time by the City Council to review the
decision of the Commission and to hear testimony of the appellant and applicant (if
different from appellant). The Council shall determine whether to uphold, modify, or
overturn the decision of the Commission, including whether to remove or add conditions.
18.28.090: REQUESTS FOR RECONSIDERATION
A. Purpose: The purpose of this s�ction is to minimize the number of court appeals, to prevent
new information from bein seated, art1solve disputes in accordance with Idaho
Code 67-6535 which requir at any applicant or affected prson seeking judicial review
of a final decision ek reconsideration.
Applicability: Reques s r reconsideration of Ci ouncil i�sliall apply 11 final
decisions rendered b the Cit Coun '1.
Y Y
C. Reque Due Fourteen (14) Days m Final isio ritten requests tifyin9
eficienc�in the dellon which reco erat is sought must be mitted
to the City Clerk within fourteen (14) days from the date of the final decision. Such
D. Procedure: Upon reconsideration, the City Council may affirm, reverse, or modify the
decision in writing within sixty (60) days of receipt of the request for reconsideration or
the request is deemed denied. A decision shall not be deemed final for purposes of judicial
review unless or until the procedures of this section have been followed. The twenty-eight
(28) day time frame for seeking judicial review is tolled from the date of the written
decision regarding reconsideration or the expiration of the sixty (60) day reconsideration
period, which occurs first.
22
CHUBBUCK
Memo
Office of Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Land Use & Development Commission
From: Don Matson, Senior Planner
Date: January 22, 2020
Re: Chapter 18.20 Planned Unit Developments (PUD) Rewrite
Attached is a complete rewrite of the PUD Chapter 18.20. It has been observed several times in
recent years that the PUD Chapter needed revisions. This draft rewrite aims to address several
issues:
• Create an eligibility threshold for PUD applications
• Revise review and approval process
• Create an amendment process for major and minor plan changes
• Clarify PUD land uses to be based on the Comprehensive Plan district where the PUD is
located
• Include a land use chart for PUD categories similar to that for zoning districts
• Include height and setback requirements for PUDs, including setbacks from R-1 and R-2
zoning and single family homes
• Enhanced amenity and design requirements for residential and non-residential uses
• Establish base density and incentives for residential areas and height and parking
incentives for non-residential
• Create sign standards for PUDs
• Other changes to Titles 17 and 18
The proposed revisions appear to address issues and concerns that have been raised in the past
few years.
Input from the Commission is welcome. Please review the draft and compare it with the current
code (http://www.sterlingcodifiers.com/codebook/index.php?book id=632&chapter id=44075)
and come prepared to discuss the proposal in detail, along with any other thoughts or
comments.
Chapter 18.20
PLANNED UNIT DEVELOPMENTS
18.20.010: PURPOSE AND INTENT:
18.20.020: RELATIONSHIP TO OTHER LAND USE REGULATIONS:
18.20.030: ELIGIBILITY:
18.20.40: PROCEDURE FOR APPROVAL OF A PUD:
18.20.50: PROCEDURES FOR AMENDMENT OF A PUD PLAN:
18.20.060: DEVELOPMENT STANDARDS:
A. GENERAL REQUIREMENTS:
B. COMMON OPEN SPACE AND PATHWAYS IN RESIDENTIAL DEVELOPMENTS:
C. REQUIRED AMENITIES IN RESIDENTIAL DEVELOPMENTS:
D. RESIDENTIAL DENSITY:
E. RESIDENTIAL INFILL DEVELOPMENTS:
F. NON-RESIDENTIAL AMENITIES AND INCENTIVES:
18.20.070: LAND USES AND ARCHITECTURAL FORM
A.RESIDENTIAL USES:
B. RESIDENTIAL DESIGN STANDARDS
C. COMMERCIAL, INDUSTRIAL AND OTHER NON-RESIDENTIAL USES:
D. NON-RESIDENTIAL DESIGN STANDARDS:
18.20.010: PURPOSE AND INTENT:
A. Purpose: It is the policy of the city to guide major land development projects, and the purpose of this district
is to encourage innovation and special features in development by embracing and promoting projects
proposing any of the following, but not necessarily all:
1. A combination of land uses and development patterns in harmony with development intensity, multi-
modal transportation, community design, and community facilities objectives of the City of Chubbuck
Comprehensive Plan; however, unless otherwise stated in this section, a mix of land uses or housing
types is not required in a PUD.
A maximum choice of living environments by allowing a variety of housing and structure types,
permitting an increased density per acre, and accepting a reduction in lot dimensions, yards, setback,
and area requirements.
A more useful network of bicycle and pedestrian paths, open space, and recreation areas accessible to all
and supportive of healthy commuting and active living, and if included as part of a mixed use project,
more convenience in access to employment and services.
4. A reasonable standard for architectural features and other designs to enhance the long-term investment
of development within the community and to provide incentives for such development.
A more efficient use of land than is generally achieved through conventional development, resulting in
substantial savings through shorter utilities and streets, and incentives to reduce future demands on
energy and other resources.
A development pattern which preserves and utilizes natural topography and geologic features, scenic
vistas, suitable trees and other vegetation, and prevents the disruption of natural drainage patterns.
B. Intent: The intent of the PUD Zone is to further the policies of the City of Chubbuck comprehensive plan to a
greater extent than would a traditional zone, by providing a zoning district with a better mix and
arrangement of land uses than are typically found separately in mutually exclusive, traditional zoning
districts to:
1. Promote the public health, safety, and welfare;
2. Reduce suburban sprawl, under -developed sites, and agricultural land development on the ex -urban
fringe;
3. Promote increased community interactions through careful site development which emphasizes
pedestrian and bicycle modalities;
4. Encourage a variety of housing types and affordability that accommodate residents' needs through all
stages of life;
5. Establish reasonable design standards for development and redevelopment within the PUD in order to
ensure that the built environment is sustainably desirable and stable, that property values are stable
and maintained, and to enhance the image of the City of Chubbuck; and
6. Allow for innovative designs that create visually pleasing and cohesive patterns of development and
multi -modal transportation.
18.20.020: RELATIONSHIP TO OTHER LAND USE REGULATIONS:
Whenever there is a difference between the provisions of this chapter and those of other chapters, the
provisions of this chapter shall prevail. Unless otherwise authorized, subjects not governed by this chapter shall
be governed by the respective provisions found elsewhere in this title.
18.20.030: ELIGIBILITY:
The planned unit development process is not intended to skirt development rules nor result in a detrimental
impact on the surrounding community through its implementation.
A. Eligibility: A PUD may be permitted if a developer desires flexibility from specific conformance with zoning
regulations as applicable to individual lots or traditional subdivision regulations provided they can meet the
requirements for a PUD located within this chapter. The PUD process is intended to provide flexibility,
latitude, and relief from the provisions of the zoning ordinance only if the proposed development is
consistent with two (2) or more of the following instances:
The development offers a maximum choice of living environments by allowing a variety of housing and
building types.
2. The development promotes mixed use projects which are functionally integrated within the development
and provides services or benefit to the primary use. For the purposes of this chapter, a mixed use
project means the incorporation of more than one of the following land use groups: residential,
commercial, industrial, and civic/institutional.
3. The development provides a layout which preserves and properly utilizes natural topography and
geologic features, historic resources, scenic vistas, and beneficial trees or other vegetation.
4. The development parcel is constrained or otherwise limited by some obstacle, feature, geometry,
condition, or easement that interferes with applying standard development processes.
5. The development qualifies as infill per this chapter.
6. The development encourages infill that further implements the City of Chubbuck comprehensive plan
and other plans, such as for parks or the downtown area.
B. Minimum Area:
1. Residential: A PUD shall contain an area of not less than one (1) acre.
2. Commercial, Industrial, or Mixed Uses: A PUD shall contain an area of not less than three (3) acres.
3. Downtown Area: For a Residential, Mixed Use or Commercial PUD in the Downtown Area there shall be
no minimum area requirement, but design must accommodate requirements of this code.
4. Residential Infill PUD: There shall be no minimum area requirement for a PUD meeting the infill standards
per section 18.20.60.E, but design must accommodate requirements of this code.
5. For the purposes of this chapter, the downtown area shall be defined with the following boundary: Union
Pacific Railroad on the east, Interstate Highway 86 on the south, a line approximately 400 feet west of
Yellowstone Avenue on the west, and a line approximately 300 feet north of Chubbuck Road on the
north. Parcels northwest of the Yellowstone Avenue and Chubbuck Road intersection are included in
this description.
Sites over 5 acres are also eligible for Creative Community (CC) zoning and development. Qualifying sites
are encouraged to consider development as a CC.
C. Ownership and Direction: A PUD shall be developed under single ownership or direction or be the subject of
a joint application by the owners of all property included. An application for approval of a PUD may be filed
by a person or persons having contractual interest in the property, but must include written consent of the
recorded owner or owners of property included in the development. Unless otherwise provided as a
condition for approval of a PUD, the applicant may transfer units of any development for which approval
has been granted; provided, that the transferee shall complete, use, and maintain each such unit in
conformance with the approved PUD Master Development Plan. Perpetual maintenance arrangements of
common areas shall be arranged in the Codes, Covenants, and Restrictions (CC&Rs) as described in
18.20.040.D.
D. Qualifying Locations: A PUD Zone may be proposed in any part of the City.
18.20.40: PROCEDURE FOR APPROVAL OF A PUD:
PUDs are allowed in any area within the city; provided the following procedure is utilized and the plan is
approved by the City Council after appropriate public hearing and review by the Land Use and Development
Commission. In reviewing any PUD, the Commission and the Council shall take into account the criteria and
standards set forth in subsection 18.28.040.0 of this title.
A. Discretionary Powers: Following the spirit and purpose of this chapter, much greater latitude is permitted
than in conventional and traditional regulations for development density and intensity. In consideration of
the latitude given, the Commission and Council shall have discretionary powers in judging and approving
or disapproving the imaginative or unique concepts, innovations, and designs which shall be incorporated
into the plans presented, provided that the planned unit development shall conform to the general
purposes and objectives of the City of Chubbuck Comprehensive Plan.
B. Planning Conference: The developer shall meet with the public works director in a Planning Conference as
described in 17.12.020 to discuss submission of a PUD zone and PUD Master Development Plan application.
The purpose of this meeting is to review early and informally the purpose and effect of this title and the
criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan and
land use and development regulations.
C. Optional Sketch Plan Review: After holding a Planning Conference, and before applying for a PUD zone and
Master Development Plan (MDP), the developer may elect to present a sketch plan of the proposed PUD to
the Commission and Council for review and comment as business items with each body. A sketch plan is
not a formal PUD application, and comments or feedback from the Commission and Council shall be non-
binding. A PUD sketch plan review shall include, at a minimum:
1. Items 1, 3, 4, 5, and 6 from subsection D below,
For residential areas, the proposed density, number of units by type and location, and the amenities and
other incentives allowing increased density, and
For non-residential areas and land uses, the proposed uses by type and location, height, parking, and
open space variations, and the amenities and other incentives allowing greater intensity.
D. PUD Zone and Master Development Plan: An application for a PUD zone and a PUD Master Development
Plan shall be filed concurrently with the public works director by a property owner or person having
existing interest in the property for which the PUD is proposed. Together the applications shall follow the
process and procedures described in 18.28 for a zoning map amendment.
Application for an associated preliminary plat may be filed at the same time; procedures for the plat shall
follow the process and requirements as described in Title 17.
The PUD Master Development Plan application, as an addendum to the PUD zone application, shall contain
the following information:
1. Name, address and phone number of applicant and the owners of the property/properties.
2. Name, address and phone number of registered surveyor, registered engineer, urban planner, and/or
other design professional assisting in the preparation of the Master Development Plan.
4
3. Statement of eligibility of the project, per 18.20.030, including qualifications for infill or downtown
recognition.
4. Comprehensive Plan Future Land Use designations, and proposed land uses per 18.20.060 and 18.20.070.
5. Vicinity map(s) including surrounding land uses and zoning.
6. Concept plan/map of the PUD with proposed land use locations, concept for open space, pathways, and
amenities, and existing and proposed streets.
Requested deviations in zoning standards, per 18.20.060, including proposed internal and external
setbacks, and plans for perimeter transitions. The MDP application shall be accompanied by a written
statement by the developer setting forth the reasons why, in his opinion, the PUD and associated
deviations from city zoning and street standards would be in the public interest.
Engineering feasibility studies and plans showing, as necessary, water, sewer, irrigation, drainage, and
waste disposal facilities; street improvements and cross-sections if they differ from city standards. The
plan shall show the adequacy of the utilities and streets proposed are suitable and adequate to carry
anticipated loads, and increased densities will not be such as to overload the utility and street networks
outside the PUD.
9. For residential areas, the proposed density, number of units by type and location, street pattern and lots,
and the amenities and other incentives allowing increased density. For non-residential areas and land
uses, the proposed intensity, including height increases, parking and open space variations,
approximate square footage, preliminary site plans, and the amenities and other incentives allowing
greater intensity.
10. Streetscape and Landscaping plans for open space, pathways, and recreation areas.
11. Legal description and survey of the property, showing the dimensions and bearings of the property
lines, area in acres, topography, existing features of the development site; including major wooded
areas, structures, streets, easements, utility lines and land uses.
12. Proposed schedule and phasing plan for the development of the site, and evidence that the applicant
can initiate the proposed development plan within two (2) years.
13. Proposed design and architecture guidelines, including building elevations, building heights, and
architectural and special features to be included to qualify for increased development intensity/density,
per 18.20.60.D and 18.20.70. A design manual for the development, including type and color of building
materials with emphasis on architectural design and aesthetic value, color renderings of building
materials and structures, landscape standards, and other architectural features such as street furniture,
public art, or site-specific sign standards. Photographs of similar developments, whether developed by
applicant or others, may be provided.
14. Proof of ownership of the property to be developed. If the applicant is not the owner of the property,
the application materials shall include a copy or copies of consent from the owners of record.
15. Deed restrictions, protective covenants, CC&Rs, and other legal statements or devices to be used to
control the use, development, and maintenance of the land and the improvements thereon, including
those areas which are to be commonly owned and maintained.
16. Where any information required by this section is similar to information required to be presented by the
developer for a preliminary plat in compliance with title 17 of this code or the PUD zone application,
such information may be utilized for both purposes.
Within sixty (60) days after receipt of the applicatoin, the Commission shall recommend to the Council that
the MDP be approved as presented, approved with supplementary conditions or disapproved. The
Commission shall then transmit all files constituting the record and the recommendation to the Council.
The Council shall review the master development plan and approve, approve with supplementary
conditions or deny said plan. Upon granting or denying the application, the Council shall specify:
a. The ordinance and standards used in evaluating the application.
b. The reasons for approval or denial.
The approval of a final development plan for a PUD shall be effective for a period not to exceed two (2)
years. If no construction has begun within two (2) years after approval has been issued, it shall expire. An
extension of the time limit may be approved, without further hearing or recommendation by the
Commission, if the Council finds that such extension is not in conflict with the public interest.
18.20.050: PROCEDURES FOR AMENDMENT OF A PUD PLAN:
A. Major PUD Amendment Process: The Commission shall hold a public hearing before forming a
recommendation to the City Council. The Council may approve the amendment as a business item. Major
amendments include but are not limited to:
1. Change in the proposed land uses;
2. Change or conflict with any condition of approval;
3. Change in the street pattern, particularly if it would negatively impact adjoining property as determined
by the Public Works Director;
4. Increase in overall density or intensity of use that exceeds:
a. One percent (1%) of the approved number of dwelling units or 1 additional unit, whichever is less; or
b. Ten percent (10%) of the total approved building square footage or height;
5. Decrease of more than ten percent (10%) of the number of approved parking spaces;
6. Change in the proposed phasing sequence of the PUD;
7. Decrease in the amount of required or proposed open space or landscaping equal to or exceeding ten
percent (10%) of the approved amount;
8. Decreases in any setback by more than ten percent (10%) of the approved amount; and
9. Any other proposed change deemed by the Public Works Director to be a major change.
B. Minor PUD Amendment Administrative Process: The Public Works Director may review and approve
proposed minor amendments to an approved PUD without requiring an additional application to the
Commission and Council if:
1. The proposed amendment does not conflict with any imposed conditions of approval; and
2. Does not increase the overall density or intensity of use by:
a. One percent (1%) of the approved number of dwelling units; or
b. More than ten percent (10%) of the total approved building square footage or height;
3. Does not decrease the number of approved parking spaces by more than ten percent (10%);
4. Does not decrease any setback by more than ten percent (10%) of the approved amount.
5. Does not relocate any public right-of-way, unless required by any governmental agency; and
Does not change any requirement for the payment of monies or the dedication of land or other property
rights.
18.20.060 DEVELOPMENT STANDARDS:
A. General Requirements:
Land Use and Development: In compliance with the Future Land Use Map and the District -Zone
Conversation Chart in the Comprehensive Plan, the table below provides guidance for what uses are
generally acceptable within a PUD. The table is non-binding however and applicants may propose a
variety of land uses within a PUD for immediate and future development. The Land Use and
Development Commission and City Council shall specify the exact permitted and conditionally
permitted land uses allowed within the PUD after considering the proposed land uses, design and
buffering, compatibility with surround zoning and land uses, the Future Land Use Map, and the District -
Zone Conversion Chart applicable for the subject property(ies).
COMPREHENSIVE PLAN DISTRICT -ZONE DISTRICT CONVERSION
Plan Designation
Zoning District Permitted
LDR — Low Density Residential
R-1 — Single Family Residential
R-2 — Limited Residential
MDR — Medium Density Residential
R-2 — Limited Residential
R-3 — General Residential
HDR — High Density Residential
R-3 — General Residential
R-4 — Dense Residential
C — Commercial
C-1 — Limited Commercial
C-2 — General Commercial
E — Employment
C-2 — General Commercial
I — Industrial
MU — Mixed Use
R-1, R-2, R-3, R-4, C-1
a. The developer shall propose the land uses for the PUD based upon the zoning districts indicated in
Section 1 above and the table below. The proposed land uses are to be compatible with or buffered
from adjacent land uses, and in agreement with the adopted Comprehensive Plan.
LAND USES
COMPREHENSIVE PLAN DESIGNATION
x
LDR
MDR--F--
HDR
MU ��
F —x—F
Agricultural:
C
Gallery or studio for visual or performing arts
FxT7
�����
F c
Agriculture (except livestock)
������
FcT�����
TV studio, radio station
Fx
F 7T
71 Agricultural feed and supply store
FT
�F
—X—F—XF—PF—p
71 Automotive parts store
71 Livestock
������
7 Automotive sales, including parts and service
F
xT 7T
71 Riding stable or school
Fc
-xxx--
l -F-
F-FcF
c
Arts, entertainment, tourism, recreation:
Amusement or recreation center
I X
x
T —x—F—cF—PF—c
7 Cemetery
Exercise gym, salon, or martial arts instruction
Fx
F —x—F
—x-7p—F—PF—c
C
Gallery or studio for visual or performing arts
FxT7
�����
F c
T C—F
71 Golf course
FcT�����
TV studio, radio station
Fx
F 7T
71 Museum or interpretive center
Fx—x—FT
—x—F—cF—PF—c
7&W-1—cservices:
7 Assembly, place of
I `"
I
I I I `
7 Cemetery
Fc
Government facility (excluding critical
infrastructure)
C
FC
FC C C
School /College (public or private)
F c
T C—F
—c—F—cF—c
TV studio, radio station
Fx
F 7T
—x—F—cF—p
Commercial retail:
71 Automotive parts store
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7 Automotive sales, including parts and service
F
xT 7T
7 -F -c P
71
Bakery /baked goods store
F 7T
7T
—x—F—cF—p
Convenience store, with or without fuel
Equipment rental and sales yard
Industrial and agricultural equipment sales and
supply
F -x-F 7T -x-F-cF-p
F -X-F -X-F -X-F-XF-p
Fx Fx Fx Fx FP
0
a
I
0
0
a
1%
E3
LAND USES COMPREHENSIVE PLAN DESIGNATION
FI
MDR
I HDR FmU I C
f E
Other /general retail stores and services
F _xT
_xT
_x—F—cF—P
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Pet shop and supplies
I "`
I x
F—xF—c T
Production building sales
I x
I "'
"' "'
F_
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service
FxFxFx FP
Fp
Restaurant, including drive-through
Fx
F x T
X F_cF_P
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�i Sexually oriented business
F x T
—x—F
X T X F—x
X
71 Tire shop, including recapping
F x
F
F F _x F _P
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71 Truck and heavy equipment sales
F x T
_xT
_x_F_xF_P
P
F1Yard and garden sales and services, greenhouse
Fx
F _xT
_x_F_cF_P
P
Commercial services:
FI Animal care site, commercial kennel
F X T
_X_F
_X_F_XF_C
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� Automotive body and mechanic services
F X T
_X_F
—X—F—CF—P
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Car wash
F X —1
X
F x F_xF_PF_P
� Cle�aundry shop
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�Hotel
FX����
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Kennel, hobby
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71Motel
FXT����
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Office professional (<10,000 square feet)
Fx_x_F_x_F_PF_PTcF_
Office professional (>10,000 square feet)
�����
P
Other commercial services
F X
_X_F
——F—
X F—CFP
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�i Photography, portrait studio
F7T���
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Printing and publishing
I "
I
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I "' I I
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Truck and heavy equipment maintenance and
repair
FxFxFxFxFcFp
Health and human services:
Barber, beauty shop
FxTPT
����
C
i Childcare center
FCC_C_F_PF_P
Day spa, mineral bath, sauna
I X
I
I
C
LAND USES
COMPREHENSIVE PLAN DESIGNATION
FDR
— FMDR
I HDR FmU I C
f E
Funeral home
�T7F����
C
Hospital
Fx
I v
l v l vT-c
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Lab medical, dental or optical
I x
I "'
--F-cF-PF-
x
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71 Nursing home
F C
T -C—F
—C—F—CF—C
X
71 Shelter home
Fc
F C—F
—c—F—cF—c
X
Home occupations:
Major home occupations
P'
P'
P' P' Fx
Fx
i Minor home occupationsF
Pi
Pi Pi
Fx
Industrial /manufacturing:
71 Asphalt plant
�����
X
Beverage bottling plant
Fx—x—F
TF
—x—F—xF C
-
P
� Cement or clay products manufacture
Fx����
C
Concrete batch plant
Fx
I "'
-xF-F-
"' I "'
C
� Contractor shop and yard
FX
—XT
—X—F—XF—P
P
Food processing plant
I x
I "'
I "' I "' I v
C
� Furniture/cabinet shop
FX
—XT
—X—F—XF—P
P
Ice and dry ice manufacturing
Fx
—x—FX
F—xF—P
P
� Laboratory research
TFx—x—FX
F—cF—c
P
Machine shop
I X
I "'
I "' I "' I
P
� Meatpacking plant
F x
T —x—F
—x—F—xF—x
C
�
Other manufacturing, heavy
F x
T —x—F
—x—F—xF—x
C
Other manufacturing, light
Fx
F —x—
F —x— F —x f C
P
[Public utility or rail yard
F x
T —x—F
—x—F—xF—c
P
71 Recycling center
FX
F —X—
F —X—F—XF—C
C
71 Rendering plant
F X
T —X—F
—X—F—XF—X
X
7 Well drilling
F����
P
Wood processing plant
Fx
I
-xx-F-
I I I v
C
Production and site buildings (for other uses allowed):
10
LAND USES
Non-residential, for uses allowed
COMPREHENSIVE PLAN DESIGNATION
FI MDR I HDR FmU I C f E
F -P T -P T -P T-PF-P� P
Non-residential, cluster arrangement, for uses X FC C X Fx
X
allowed
1 1 Residential, Class I or Class II
1 P
P
I C
I C
I C
C
Residential, Class III (outside production buildings
cluster arrangements)
Fx
Fx
Fx
Fx
Fx
Fx
Residential, Class III (within production buildings
cluster arrangements)
X
FP
FP
FX
X
Fx
Site buildings, for uses allowed
F P —
F —p—
F—P —
F —P F —P
F —P
Residential dwellings (subject to density restrictions):
F1 Single household dwelling 7—P
T—P
T
—cT—cF—cF—x
F1 Zero lot line residence, detached
F —c—F—p
T—P
T—cF—cF—x
F1 Duplex (subject to restrictions)
Fx
F—P T—P
T—cF—cF—x
F1
Twin Homes
F c T—P
T—P
T—cF—cF—x
F1
Threeplex
F x
F—P
T—PT—cF—cF—c
Fourplex
X
PT
-PF
C C
C
Townhouse
Fx�����
Apa mert nt building
FxT�����
I I Accessory dwelling
Fp2 T�—P
T—PF—cF—c
Warehouse and storage:
� Commercial laundry service
FX 7
X
F —X—
F —X F —P
F —P
F�Feed manufacture and storage
Fx�����
Frozen food locker
I X
I "'
I x
I "' I
I
Fuel yard
F x 7
x
F—xT—xF—xF—c
� Grain storage
F x 7
X
F x
F—xF—xF
—P
Moving and storage company
F x
F —xT
—xT—xF—cF—P
Salvage site
F x T
—xT
—x—F—xF—xF—x
Sanitary landfill
F x
F —xT
—xT—xF—xF—x
Self-service storage facility
FX
FX
F C
FC FC
FP
11
LAND USES
Terminal yard, trucking
Vehicle storage site, garage or facility
Warehousing, wholesaling
ICOMPREHENSIVE PLAN DESIGNATION
I_LDR_[MDR I HDR I MU FC [ E
� x F X F _x_r X F—cF—P
F-XF-XF-xr�X F -CF -C
_P
F-xF-xF "' I "' I I
b. The uses within the PUD will be interconnected through a system of roadways and pathways as
appropriate.
c. Clustering of buildings is encouraged to increase efficiency in land use and in public utility delivery.
d. In addition to residential and other allowed uses, up to twenty percent (20%) of the gross land area
may be directed to other uses that are not allowed within the Comprehensive Plan Land Use
Designation area, provided that:
i. The uses are appropriate with the primary use.
ii. The uses are intended to serve principally the properties within the PUD.
iii. The uses are planned as an integral part of the PUD.
iv. The uses are located and so designed as to provide direct access to a collector or an arterial
street without creating congestion or traffic hazards.
v. A minimum of fifty percent (50%) of the primary use development occurs prior to the
development of the specially permitted uses.
e. Proposed non-residential land uses that would require a Conditional Use Permit in the
Comprehensive Plan Future Land Use area, as well as land uses as described in subsection 1.e.
above, shall also require a notice with the PUD Master Development Plan public hearing notice.
Such uses proposed within a PUD after approval, but not included in the development plan, shall
require a Conditional Use Permit and Master Development Plan amendment.
PUDs in areas with a Future Land Use Designation of Commercial or Employment in the
Comprehensive Plan must not be exclusively residential but shall include non-residential land uses.
The mix of residential and non-residential land uses shall be appropriate for the site location and
design, as determined by the Commission and Council. Exceptions may be made for qualified infill
parcels, particularly in the downtown area as defined in section 18.20.30.6.
Waivers and Adjustments: The Council may grant waivers or adjustments to the requirements for public
or private street widths, setbacks or other design standards if such waivers are deemed appropriate for
the development after considering surrounding uses and aesthetics. Special consideration may be given
for PUDs in infill areas.
a. Zoning Standards: The developer may deviate from the height, lot line setback, and lot dimension
schedule found in chapters 18.08 and 18.12. Deviations shall be listed in full as a part of the planned
unit development application. Modifications to other zoning and subdivision standards will be
12
determined by the Land Use and Development Commission and City Council on a case by case
basis.
b. Municipal Standards: The following standards may be modified if requested as part of the PUD
approval process and if deemed appropriate by the Council upon advice of the Public Works
Director, and other staff as applicable, after considering whether the resulting development would
achieve greater consistency with the intent and purpose of this chapter than development that
would occur without the modification:
i. Any provision in title 16 of this Code pertaining to streets and sidewalks;
Any provision pertaining to off-street parking and loading except that at least one of the required
parking spaces per residential unit shall be located a reasonable walking distance, except as
required to comply with the Americans with Disabilities Act (ADA).
iii. Other provisions of this Code on a case-by-case basis.
3. Height and Setback Regulations:
Comprehensive Plan Land Use
LDR
MDR
HDR
MU
C
E
Maximum Height'
35'
35'
45'
45'
70'
70'
Minimum Setback from Perimeter
10'
10'
10'
10'
10'
10'
Minimum Setback from R-1, R-2, R -2P
Zoning or Single Family Homes
10'
10'
20'
20'
30'
30'
' See 78.20.60.E for exceptions and incentives.
In addition:
a. A proposed PUD shall incorporate height, density, and landscaping transition designs along the
development's perimeter to achieve an orderly transition to existing residential development on
adjacent properties. Buildings or units proposed to be adjacent to the perimeter of the PUD should
be no more than 50 percent (50%) higher or more dense than the residential development that is
adjacent to the PUD's perimeter.
b. Land uses permitted in the HDR and MU districts under 35' may be set back 10'. Conditionally
permitted uses under 35' may be set back 10' if permitted by the Commission and Council. See
18.20.60.F for additional information on non-residential development.
Industrial development in a PUD adjacent to any residential uses or zoning shall include a landscaped
buffer within the setback that is at least ten feet (10') wide. The landscaped buffer shall include a
minimum density of one tree per thirty-five (35) linear feet and appropriate ground cover and
vegetation per the standards in this Chapter.
d. For the purposes of this section, residential uses across an arterial street from a non-residential use
shall not be considered adjacent, but shall be considered adjacent if located across a local or
collector street.
4. Building Permits and Architectural Features: When applying for a building permit for structures or signs
within a PUD, the applicant shall include a letter or checklist verifying that the structure satisfies the
architectural requirements of this chapter and the conditions of approval of the PUD. A similar letter or
checklist may be required for the Design Review phase of a development to verify conformance with
the approved open space and landscaping conditions of the PUD.
13
Water Conservation in Landscaping: In landscaped areas in PUDs, other than recreation areas and
managed natural areas, at least 33% of the area shall incorporate and maintain a ground cover other
than lawn or turf grasses, and that consumes less water than lawn or turf grasses.
Utilities: Underground utilities, including telephone and electrical systems, are required within the limits
of all PUDs. Appurtenances to these systems which can be effectively screened may be exempted from
this requirement if the Commission and Council finds that such exemption will not violate the intent or
character of the proposed PUD.
8. Mechanical Equipment: In all areas of the PUD, mechanical equipment including but not limited to HVAC
on roofs, walls or ground, must be visually screened from adjoining front yards and streets.
B. COMMON OPEN SPACE AND PATHWAYS IN RESIDENTIAL PUDs: The provisions of this section apply to
residential PUDs and to the Net Residential Area of mixed use PUDs.
A minimum of fifteen percent (15%) of the gross land area developed in any residential PUD project shall
be reserved for common open space and recreational facilities for the residents or users of the area
being developed. Front, side, and rear yard setback areas and minimum building to building separation,
shall not be included in the calculation of the common open space provided.
The required amount of common open space land reserved under a PUD shall either be held in corporate
ownership by owners of the project area for the use of each owner who buys property within the
development, or if approved by the City Council be dedicated to the public and retained as common
open space for parks, recreation, and related uses. The responsibility for the maintenance of all open
spaces shall be specified by the developer and approved by the Council before approval of the PUD
Master Development Plan.
3. Diversity in the design and use of common open space, open land, parks, and common areas is
encouraged, and approval shall be judged as to its appropriateness based on the following criteria:
a. Areas intended for public use shall be freely accessible from streets and/or other common areas that
have unrestricted entry. The configuration of such space shall be to accommodate parks, play fields,
and play areas as directed by the city.
b. Pocket parks, courtyards, and similar common areas for internal use are encouraged within PUDs so
as to convey a sense of openness and community within the neighborhood. Pocket parks shall be
privately maintained unless approved by the Council.
Public utility and similar easements or right-of-way for watercourses and other channels are not
acceptable for common open space dedication unless such land or right-of-way is usable as a trail
or similar purpose. The common open space must be usable ground and not wasteland with no
other practical purpose. Consideration may be given to a managed area with a natural setting such
as a natural wooded area or a natural sage and grass area. Drainage or stormwater retention is
permitted in common areas.
4. If possible, every property developed under the PUD approach should be designed to abut upon
common open space or similar areas. A clustering of dwellings is encouraged so that open space is
accessible to as many residents of the PUD as possible.
a. Open space and trails shall be designed so that a minimum of 75% of all multi -family structures (with
3 or more residential units per building) and a minimum of 50% of all single family, duplex, and twin
home lots shall be adjacent to or have direct access to the open space, pathway, or trail. For the
14
purposes of this section, the term "direct access" means lots or multi -family buildings are located a
maximum of two hundred fifty feet (250') away from an off-street trail connecting to a common
area open space lot or recreation amenity.
b. Building lots separated from a common area open space lot by a local street shall be deemed to have
achieved direct access if a pedestrian crossing meeting ADA standards connects the two.
Trail System Requirements: Exclusive of required sidewalks within or adjacent to a public right-of-way, a
public pedestrian or bicycle circulation system is required to connect to existing or planned pedestrian
or bicycle routes adjacent to the project. In PUDs greater than 3 acres in size or 40 residential units,
trails connecting residential units to internal open space and/or recreation sites are required. The
minimum width of internal trails other than sidewalks shall be 6 feet, but greater widths may be
required by the City after considering connections to adopted trail plans and anticipated use.
C. REQUIRED AMENITIES IN RESIDENTIAL PUDS: Two (2) or more of the following amenities shall be provided
as part of each residential PUD or the Net Residential Area of a mixed use PUD, and shall be commensurate
with the size and planned population of the development.
1. Additional landscaped open space of at least ten percent (10%) of the gross area (25% total). Minimum
landscape ordinance requirements and landscaping in building setback and separation requirements
will not be counted as an amenity.
2. Private active recreational facilities such as a playground, picnic area, basketball or tennis court,
swimming pool, clubhouse, etc., of a size suitable to meet the needs of the development.
3. Golf courses, but regardless of its size no golf course may contribute more than one-quarter of the
common open space required by this section.
4. Provision for a neighborhood park or other public open space or improved trailhead, with public access
thereto.
5. Greenways and waterways that include pedestrian ways, trails, bike paths, and equestrian trails linking
residential areas with other open space uses. These may be constructed on public utility or other
easements or canal right-of-way, and may be dedicated to the City or non-profit entity. Greenways and
waterways differ in scale from required trail systems described in subsection B above, and may include
natural areas, seating/rest areas or other appropriate facilities.
Other amenities as may be approved by the Land Use and Development Commission and Council on a
case-by-case basis.
For the purposes of this section, a recreational facility that can simultaneously serve eight percent (8%) to
ten percent (10%) of the projected PUD population at any given time shall be deemed commensurate
with the size and needs of the development.
D. RESIDENTIAL DENSITY:
The base allowable residential density for a PUD is established per the Future Land Use Designation area
in the City of Chubbuck Comprehensive Plan as follows:
a. Low Density Residential (LDR): 5 units per acre
b. Medium Density Residential (MDR): 8 units per acre
15
c. High Density Residential (HDR): 16 units per acre
d. Mixed Use (MU): 16 units per acre
e. Commercial: 16 units per acre
f. Employment: 16 units per acre
To provide for an incentive for quality planned unit developments, the City Council may authorize an
increased density of up to twenty-five percent (25%) of the allowable number of dwelling units or
structures, as appropriate, taking into consideration the factors set forth in the following subsections.
Character, identity, architecture, and siting variation incorporated into a development shall be
considered the standard for all PUDs, such as: exceptional landscaping, streetscapes, and site design;
open spaces and plazas, use of native plantings, and pedestrianway treatments, and recreational areas;
siting, visual focal points, use of existing physical features, and variation in building setbacks and
building grouping (such as clustering); and design features, street sections, architectural styles,
harmonious use of materials, parking areas broken by landscaping features and varied use of housing
types.
a. Public facility site Dedications including, but not be limited to, the following: school site, transit
facility, park and ride lot, and public facility such as a library, recreation center, police, fire, or
emergency medical services station. Lands considered for this purpose must be sufficient in size and
scope to accommodate specific public need(s), free of encumbrances, pose no health or safety
issues, and serve the public interests as determined by the City Council in order to qualify for this
designation and the ensuing acceptance. Land dedicated for public use may be eligible for bonus
density opportunity; fifteen percent (15%).
b. Workforce/affordable housing, a maximum increase of ten percent (10%) for those projects providing
workforce/affordable housing. Workforce/affordable housing shall be measured against the eligible
income limits recognized by SEICAA for Bannock County. The developer shall present
recommendations from SEICAA or other findings and examples relative to the housing provided to
qualify units as affordable. A general guideline for affordability may include the number of
bedrooms relative to the income limits by household size.
i. Affordable units must be dispersed throughout the development, if possible.
ii. Up to 5% for a PUD with 4 affordable units or 2% of all units, whichever is greater; or
iii. Up to 10 % for a PUD with 8 affordable units or 5% of all units, whichever is greater.
c: Architectural features: Inclusion of at least three (3) of the following components on or affecting all
residential structures throughout the development; ten percent (10%):
i. Any of the architectural features suggested in section 18.20.070.13 that were not incorporated in
the PUD to meet the requirements of that section.
ii. Enhanced paving and design features at intersections, courtyards, driveways, etc.
iii. Staggered setbacks for adjacent homes, townhouses, etc.
iv. The use of green building components such as, but not limited, to the following:
a. Permeable pavement on parking areas or driveways.
b. Renewable energy systems, such as solar panels.
"
c. Selective window orientation, shading and other treatments with building placement to
preserve solar access and/or improve heating/cooling efficiency.
d. Use of landscaping or natural topography, and energy-efficient building layout, for natural
windbreaks and shade in clustered or multi -family developments.
v. The proposed architectural features for the PUD shall be included in the MDP application
described in 18.20.40.D.
Any latitude, flexibility or relief provided through a PUD application shall be compensated by the addition
of some new amenity, within or outside the development. Such an amenity should provide equal or
greater value to the development as a whole. The determination of whether the compensation offered
is equal to or greater than the relief provided is left to the discretion of Commission and Council.
E. RESIDENTIAL INFILL DEVELOPMENTS:
1. Lots and parcels of five (5) acres or less within the city, or annexing into the city, may be considered for
infill PUD status if it meets the following criteria:
a. Location:
i. Lie in areas already substantially developed defined as at least sixty percent (60%) of the land area
within 300 feet of the boundaries of the parcel (excluding streets, waterways, etc.); or
ii. Lie in the downtown area as described in section 18.20.030.B.
b. Services: Sites where municipal services (sewer, water, fire, and police) are already available may
qualify for infill development.
The applicant shall submit with the application verification that the site qualifies as an infill site. This
verification may include recent aerial photographs and maps to document the availability to the site
of water, sewer, fire flow, and fire protection.
Developments recognized as infill are allowed a fifteen percent (15%) increase in density over the base
density per subsection D above.
3. Based on the design and proposed amenities, the Commission may recommend, and the Council may
approve:
a. An additional five percent (5%) increase in the density allowed for the site as an infill incentive; or
b. A modification of the amenity requirements set forth in sections 18.20.060.B and 18.20.060.0 of this
chapter.
NON-RESIDENTIAL DEVELOPMENT AMENITIES AND INCENTIVES:
Open Space: A minimum of fifteen percent (15%) of the gross land area developed in a non-residential
PUD, or non-residential part of a mixed use PUD, shall be landscaped and reserved for common open
space. Front, side, and rear yard setback areas, minimum building to building separation, and required
parking area landscaping shall not be included in the calculation of the common open space provided.
a. Public utility and similar easements or right-of-way for watercourses and other channels are not
acceptable for open space dedication unless such land or right-of-way is usable as a trail or similar
17
purpose allowing bicycle and pedestrian access or circulation for employees and customers, as well
as residents in mixed use PUDs. The common open space must be usable ground and not wasteland
with no other practical purpose. Consideration may be given to a managed area with a natural
setting such as a natural wooded area or a natural sage and grass area. Drainage or stormwater
retention is permitted in common areas.
b. The common open space required by this section may be reduced by the Council by 25% in non-
residential areas if it can be demonstrated that the common open space and parking areas are:
Landscaped in an exceptional manner which exceeds the minimum planting and placement
standards imposed in this code, including but not limited to one or more of the following
features or other proposed designs:
1. The use of drought -tolerant landscaping throughout the development;
2. The use of ground covers other than lawn or turf grasses, and that consumes less water than
lawn or turf grasses, on at least 67% of the landscaped area, other than recreation areas or
managed natural areas;
3. Eliminating the use of gravel, pea gravel, or crushed stone for groundcover;
4. Exceptional design and placement of landscaping materials for visual impact and enhancing
pedestrian environments; and/or
ii. Interconnected with existing or planned bike lanes and pathways per the City Parks Master Plan,
or enhanced access to Pocatello Regional Transit fixed route stops.
Building Height: Building heights shall follow the maximum height limits and perimeter transition
guidelines as per section 18.20.60.3. Upon meeting the following criteria, allowed building heights may
be increased by up to twenty feet (20'):
a. The height of buildings may be increased above the district maximum height if they are setback from
R-1, R-2, or R -2P zoning districts at the PUD perimeter by at least forty feet (40'). Upper floors of
multi -story buildings may use "wedding cake style architecture" to achieve transitions from
neighboring parcels and extend above the maximum height; maximum increase ten feet (10').
b. Architectural Features: Non-residential structures meeting the following design guidelines may
qualify for an increase of up to ten feet (10') above the standard height limit.
Qualified buildings or PUDs shall incorporate at least three (3) of the following features:
i. Any of the architectural features listed in section 18.20.070.C.7 that were not incorporated in the
PUD to meet the requirements of that section.
ii. Enhanced paving and design features at intersections, courtyards, parking areas, driveways, etc.
iii. Covered walkways and/or minimum sidewalk widths of 8 feet in commercial and
civic/institutional areas, bordered by landscaping.
iv. The use of green building components, such as but not limited to the following:
i. Permeable pavement in parking areas or driveways/drive aisles.
ii. Renewable energy systems, such as solar panels.
iii. Selective window orientation, shading and other treatments with building placement to
preserve solar access and/or improve heating/cooling efficiency.
18
iv. Use of landscaping or natural topography, and energy-efficient building layout, for natural
windbreaks and shade in clustered or multi -family developments.
c. The height of mixed use buildings in the MU, C, or E districts comprising apartments and non-
residential uses may be increased by up to fifteen feet (15').
Setbacks: Non-residential buildings shall follows the setback standards per sections 18.08.042.A and
18.12.020.C, with the following exceptions:
a. Front and rear year minimum setback requirements shall not apply to structures on the interior of the
project where the Council deems the design of the PUD warrants an exception.
b. Other than heavy industrial uses, non-residential uses adjacent to residential uses or zoning may
qualify for a setback reduction to twenty (20) feet if the building:
i. Has no adjacent external storage or operations, and
ii. Includes the architectural treatments chosen per sections 18.20.070.0 and Section 2.b above on
front, side, and rear walls facing streets and residential areas,
iii. Follows the perimeter transition guidelines set forth in 18.20.040.E, and
iv. Meets the criteria for reducing setbacks per Section 18.12.020.C.
4. Parking Standards and Incentives: Parking requirements in PUDs shall follow the same minimum parking
requirements per section 18.08.046, but with the following incentives for shared, combined parking
areas. Requirements may be reduced for all or part of the non-residential development by up to forty
percent (40%) under the following criteria:
a. For shared parking between Apartments (and apartments in mixed use buildings) and other land
uses, the parking requirements for the non-residential land use may be reduced by up to the
following percentages:
i. Apartments with Education, Institutional, Retail, Lodging, Restaurants/Taverns, or Indoor
Recreation/Entertainment uses: five percent (5%).
ii. Apartments with Other Commercial/Office uses: ten percent (10%).
b. Shared parking between non-residential uses per the following, by adding the requirements of the
two uses and reducing by up to the following percentages:
i. Retail Stores with Education, Institutional, Lodging, Restaurants/Taverns, or Indoor
Recreation/Entertainment uses: twenty percent (20%).
ii. Retail Stores with Other Commercial/Office uses: fifteen percent (15%).
iii. Education uses with Institutional, Restaurants/Taverns, Lodging, or Indoor
Recreation/Entertainment uses: fifteen percent (15%).
iv. Institutional uses with Restaurants/Taverns, Lodging, or Indoor Recreation/Entertainment uses:
fifteen percent (15%).
v. Other Commercial/Office uses with Education or Institutional uses: twenty-five percent (25%).
vi. Other Commercial/Office uses with Restaurants/Taverns, Lodging, or Indoor
Recreation/Entertainment uses: twenty percent (20%).
vii. Industrial uses with Institutional, Retail, Lodging, Restaurants/Taverns, Indoor
Recreation/Entertainment, or Other Commercial/Office uses: fifteen percent (15%).
19
In addition to the potential parking requirement modifications described in section 1 above, parking
requirements may be reduced for all or part of the non-residential development as follows:
i. Parking requirements for non-residential PUDs, or parts thereof, in the downtown area:
1. Reductions in requirements described in section 1 above may be increased by fifty percent
(50%).
2. On street parking adjacent to the PUD (street frontages only) may be included in the required
parking amount. Public street center parking islands are not included for the purposes of this
section.
ii. For every five (5) covered bicycle parking spaces provided the required number of vehicle parking
spaces may be reduced by one (1) space, up to a maximum reduction of three (3) spaces. Bicycle
parking must be ground -mounted, such as wave, U, or bollard styles, or custom/architectural
racks. Grid style or low -profile racks will not be considered for a parking reduction.
iii. For a permanent bicycle repair station and pump, provided with covered bicycle parking as
described above in subsection ii, the required number of vehicle parking spaces may be reduced
by one (1) additional space.
iv. For each electric vehicle charging station provided the required number of standard parking
spaces may be reduced by two (2) spaces, up to a maximum reduction of 8 spaces.
18.20.070: LAND USES AND ARCHITECTURAL FORM:
A. RESIDENTIAL USES:
1. Residential land uses and housing types are allowed on a range of lot sizes including, without limitation,
single household detached and Class 1 production homes, duplexes and twin homes, townhouses,
clustered patio homes, zero lot line and z -lot properties, condominiums, 3 and 4-plexes, and apartment
buildings, but must comply with densities as described in the City of Chubbuck Comprehensive Plan
and this chapter. Accessory dwelling units, live -work units, loft apartments and apartments above or
behind commercial space in mixed-use buildings are also allowed but are not included in the density
calculation of the PUD.
2. Residential PUDs, or Mixed Use PUDs, with more than 3 acres of Net Residential Area, or 40 residential
units, shall include a mix of housing types as allowed per Chapter 18.20.060.A, so that no more than
75% of units are from any one of the following groups/types:
a. Single family detached homes and Class 1 production homes, each with direct street access;
b. Duplexes and twin homes, each with direct street access;
c. Townhouses and clustered patio homes;
d. Zero lot line (detached) homes, and z -lot homes;
e. Three- and four-plex apartments and condominiums; and
f. Apartments and condominiums with 5 or more units per structure.
20
g. Accessory dwellings and loft apartments are not included in the categories above for the purposes of
this section nor Section 18.20.060.D above.
h. Gross vs. Net Residential Areas: For the purposes of calculating density in regards to this chapter, the
Gross Area of a PUD shall include all parcels included in the application. Residential Net Area means
the Gross Area of a mixed use PUD less all acreage designated for non-residential or mixed uses.
Internal streets, driveways, parking, and recreation facilities serving residents of the PUD are
included in the Net Residential Area.
3. Gated Communities Prohibited: Gated communities are prohibited within the PUD Zone.
4. Parking, Garages, and Carports: Garages and carports may be included in the required amount of off-
street parking provided in residential areas. Driveway parking spaces shall be at least 10' wide and 20'
deep.
B. RESIDENTIAL DESIGN STANDARDS:
1. Architectural Features.
a. The following features shall be required:
Contrasting color schemes and textures to create visual depth on all building facades visible to the
street, neighboring residential uses, common areas, or public parking areas within the
development
ii. A minimum of one (1) principal window treatment on every elevation (front, side, or rear) that
faces any street (public or private) or required open space area including, but not limited to,
pop -outs, decorative wrought iron, wood trim, shutters, plant shelves, and other features or
embellishments to vary and soften the visual exteriors.
b. In addition to the features required in subsection a. above, a minimum of three (3) of the following
shall also be required on all residential structures:
i. Enhanced corners (pop -outs, embellishments, etc.).
ii. Deep recessed or rear -loaded garages on single household dwellings, duplexes, twin homes, etc.
iii. Second stories stacked at greater setback than first floor to facilitate a first floor roof feature,
especially when located immediately above a garage.
iv. Offset garage doors, including garage structures for multi -family developments.
v. Courtyards (pony walls and/or decorative wrought iron may be used for courtyard enclosures),
including courtyards for clustered or multi -family developments.
vi. Enhanced window fenestration on all front elevations and all second story windows facing a
street or required open space area, using principal window treatments described above in
subsection a.
vii. Break-up of parking areas in multi -family developments, including the use of enhanced
landscaping features. Driveways between separate parking areas shall be provided, unless
unusual site shape or other characteristics warrant separate access points and parking areas.
viii. Garages or covered parking stalls for at least one of the required parking spaces for each unit in
a multi -family development. Detached garages or covered parking structures must complement
the residential structure design in color, texture, etc.
21
2. Entry monuments:
a. Monuments at the PUD or residential area entrance, including public art, landmarks, or architectural
or water features, may exceed the height of a monument sign as described in Section 18.20.070.D,
but shall not exceed fifteen feet (15') in height without a Design Review. Any part of the monument
exceeding 5' in height must be set back the same distance from the street and remain outside the
sight triangle required in 18.12.020.
b. Sight triangles as required in 18.12.020 for public streets shall also be maintained for commercial,
industrial, and multi -family driveways along collector and arterial streets.
Monuments may include the name, logo, or other identification of the PUD or residential area, and
which shall not exceed 15% of the area of the street face of the monument but no more than 20
square feet. No part of a sign included in a residential area entry monument shall exceed 6 feet in
height.
3. Parking areas in multi -family developments or other shared residential parking areas shall be landscaped
per requirements of Title 18.14, with the following enhancements:
a. Landscaping strips at least four feet (4') wide shall separate parking areas from buildings. Any
sidewalk provided between a building and parking area may be on either side of the landscape
strip. Such strips are considered part of the parking area and not open space.
b. Planters for trees in parking areas shall be distributed so that all parking stalls are within fifty feet
(50') of a tree, measured from corner of stall to tree trunk. Covered parking spaces shall be within
sixty feet (60') of a tree. Parking garage spaces are exempt from this requirement, but landscaping is
required adjacent to the garage as described in subsection 3.a above.
C. STREETSCAPES IN RESIDENTIAL AND NON-RESIDENTIAL AREAS:
Perimeter landscaping and breaks in fencing are required to prevent the creation of "dead streets" — long
stretches of sidewalk between the street and a solid fence or wall greater than fifty (50) feet in length.
Fences and walls along streets more than fifty feet (50') long shall have staggered heights, setbacks or
materials, landscaped berms, meandering sidewalks, or some combination thereof.
Landscape strips between sidewalks or streets and fences or walls, and parking strips between sidewalks
and streets, shall be landscaped, and shall be maintained by the property owner or Home/Business
Owners Association, or by the adjacent property owner or Home/Business Owners Association if
situated in the right-of-way. Concrete, gravel, pea gravel, and crushed rock shall not be used as ground
cover. Plant material shall be used for at least fifty percent (50%) of the ground cover in landscape and
parking strips.
Two trees from the approved street tree list and four shrubs shall be required within the landscape strip
for every seventy-five (75) linear feet, or fraction thereof. If the sidewalk is separated from the street by
a drainage swale, the required street trees may be planted on either side of the sidewalk. Shrubs shall
be planted away from the street.
To accommodate required landscape strips, fences and walls must be set back from sidewalks at least
fifteen feet (15') along local streets and twenty-five feet (25') along collector and arterial streets. A thirty
feet (35') wide landscape strip shall also be maintained adjacent to interstate highways.
22
a. If the sidewalk is at least eight feet (8') wide and functions as a multi -use trail alongside a collector,
arterial, or interstate, and is separated from the curb or interstate boundary by at least five feet (5')
the fence or wall setback may be reduced by five feet (5').
b. If the sidewalk is less than eight feet (8') wide and runs alongside a collector or arterial street, and is
separated from the curb by at least five feet (5'), the fence or wall setback may be reduced by five
feet (5').
c. Where the landscape strip is encumbered by easements or other restrictions, it shall include a
minimum five feet (5') wide area for planting the required shrubs and trees.
4. Block lengths shall not exceed three hundred fifty feet (350') in residential or mixed use areas, unless
greater distances are required by the City's Access Management Guidelines on arterial and collector
roads, or where size, shape, or other constraint prevails on the site.
D. NON-RESIDENTIAL USES AND DESIGN STANDARDS:
1. The MDP of a non-residential or mixed use PUD shall provide for: the integrated and harmonious design
of buildings, adequate and properly arranged facilities for internal traffic circulation, a compact
grouping in order to economize in the provision of such utility services as are required, and landscaping
and such other features and facilities necessary to make the project attractive from adjoining and
surrounding residential and public areas.
2. Non-residential structures and buildings shall be planned as groups having common parking areas and
common ingress and egress points in order to reduce the number of potential accident locations and
maintain collector and arterial street traffic circulation.
3. Parking areas shall be landscaped per requirements of Title 18.14, with the following enhancements:
a. Landscaping strips at least four feet (4') wide shall separate parking areas from buildings. Any
sidewalk provided between a building and parking area may be on either side of the landscape
strip. Such strips are considered part of the parking area and not open space.
b. Planters for trees in parking areas shall be distributed so that all parking stalls are within fifty feet
(50') of a tree, measured from corner of stall to tree trunk. Covered parking spaces shall be within
sixty feet (60') of a tree. Parking garage spaces are exempt from this requirement, but landscaping is
required adjacent to the garage as described in subsection 3.a above.
4. PUDs located in areas designated as Employment in the Comprehensive Plan shall reserve at least fifty
percent (50%) of the area for industrial land uses, except for PUDs in the downtown area as described in
18.20.30.B. New industrial uses are not allowed in PUDs in the downtown area unless they are
subordinate to a primary use, such as a bakery, microbrewery, studio, or other business for production
of goods or art for sale on site. Industrial uses may be permitted PUDs in other Comprehensive Plan
Land Use areas if it can be shown that such development results in more efficient and desirable use of
land.
5. Industrial uses and parcels shall use landscaping, existing terrain or vegetation, berms, fencing, or a
combination thereof as buffers to screen lighting, parking areas, loading areas or docks, and/or outdoor
storage of raw materials or products from residential areas, open space, parks, and arterial streets.
Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce
truck traffic in the PUD.
23
6. All intervening spaces between the right of way and project buildings, and intervening spaces between
buildings, drives, parking areas, and improved areas shall be landscaped with trees, plantings, and
ground cover and properly maintained at all times. All areas designed for future expansion or not
intended for immediate improvement or development shall be landscaped or otherwise maintained in a
neat and orderly manner.
Non-residential structures shall include at least two similar design elements in all buildings or public
areas in the PUD. Elements may include: similar or complementary colors, textures or architectural
features; window treatments or canopies; courtyards and/or alcoves; street furniture and public art; or
some other features as proposed by the applicant. Accessory structures and secured and screened
parking or delivery areas may be exempt from this requirement. Awnings are allowed in a PUD but do
not meet the standards of this section.
8. Noise -generating fixtures and equipment including but not limited to large-scale HVAC units,
loudspeakers, electric and pneumatic tools, and compressors must be reasonably located or screened
to limit sound transfer to adjacent residential or recreation areas within or outside the PUD.
D. NON-RESIDENTIAL SIGN AND MONUMENT STANDARDS. Signs within the PUD shall meet the standards set
forth in city code chapter 15.24 and the criteria below:
1. The only free-standing signs allowed in the PUD, except for traffic regulation and similar public use signs,
are limited to the following: monolith, monument, pylon, and site directional signs.
2. Monument signs shall not exceed 6 feet in height and 12 feet in width, and shall be at least 12 inches
thick and wider than their height. The base of the sign shall be a minimum of 12 inches in height.
3. Monolith signs shall not exceed 25 feet in height, 6 feet in width, or 2 feet in depth, and shall be a
minimum of 3 feet wide, 12 inches thick, and at least 12 feet high. The base of the sign shall be a
minimum of 12 inches in height.
4. Pylon signs shall not exceed 25 feet in height or 8 feet in width, and shall be a minimum of 3 feet wide,
12 inches thick, and at least 12 feet high. The decorative material on the sign structure shall cover the
entire support structure to the ground or sign base.
5. There shall be no more than four (4) tenants advertised on a sign along a street. Additional tenants may
be included on internal signs as described in subsection 9, below.
6. Standards for Monument, Monolith, and Pylon Signs with Changeable Copy Displays:
a. Changeable copy may be incorporated into the sign face, up to a maximum of 20% of the sign area
excluding the base, but no more than six (6) square feet. For the purposes of this section,
changeable copy includes single -color static digital displays such as for fuel prices or time and
temperature, but not full-color displays or electronic reader boards.
b. The changeable copy display area shall not exceed six feet (6') in height. Pylon signs may include a
digital display panel, but it must not exceed the height limit.
c. The light intensity for digital display areas of a sign shall be limited as follows:
Intensity Levels (NITS)
Color'
Daytime
Nighttime'
Amber
3,350
675
Green
4,500
900
Red
2,250
450
24
White 2,000 350
Notes:
1. Only one color is allowed in the digital display area.
2. Begins half hour after sunrise.
3. Begins half hour after sunset.
7. Separation: Signs along streets in the PUD and on adjacent parcels must be separated by a minimum
distance of at least 250' as measured in a straight line, unless separated by a public street or a CUP is
issued. The separation of entry monuments that complement or mirror each other on both sides of an
entrance is exempt from this requirement.
8. Sight triangles established per 18.12.020 shall also be maintained for multi -family and non-residential
driveways along collector and arterial streets.
9. Interior and parking area signs:
a. Directional signs shall not exceed 4 square feet in area nor 3 feet in height. The pedestal or base of
the sign shall not be included in the sign area. Freestanding interior signs shall be of a consistent
design and height throughout the PUD and complement the design of the buildings on site.
b. Monument and Monolith Signs:
i. Non-residential areas in a PUD needing multiple tenant recognition may include an additional
sign, monument or monolith only, within a common parking area.
ii. An internal monument or monolith sign shall be no more than 2/3rds the dimensions (square
footage) of the development perimeter sign(s) and shall complement or mirror the design of the
perimeter sign(s) and/or complement the design of the buildings on site.
iii. An internal monument or monolith sign must be located at least seventy-five feet (75') from the
perimeter and from other internal monument or monolith signs.
c. If the exterior sign is a pylon sign, the interior sign shall be a monument sign, as described in
subsections 2 and 9.b. above, with a maximum height of five feet (5') and width of ten feet (10').
d. Drive-through lane signs are allowed, with no more than two for each drive-through lane serving a
business establishment. The signs shall be no greater than fifty (50) square feet in area and seven
feet (7') in height. They may be mounted on a wall, or on the ground with a solid base or enclosed
support structure representing a monument or monolith sign.
e. The light intensity for digital display areas of interior signs shall be limited the same as for exterior
signs as described in subsection b above.
10. Entry monuments, including public art, landmarks, and architectural or water features, may exceed the
height of a monument sign as described in Section 2, but shall not exceed fifteen feet (15') in height
without a Design Review. Entry monuments may include the name or other identification of the
commercial development or business, and which shall not exceed 20 square feet. No part of a sign
included in an entry monument shall exceed 6 feet in height.
11. Prohibited signs: Pole signs other than small directional and address signs described in subsection 9,
above, signs with moving, spinning, animated or flashing parts, electronic reader boards, inflated or
balloon signs, and roof -mounted signs are prohibited in the PUD zone.
12. Wall signs: Wall and window signs facing the street or parking area shall not exceed 15% of the area of
the building frontage, with a maximum of 220 square feet. Wall signs on the sides or rear of a building
facing an adjacent street or parking area are also permitted, and shall not exceed 10% of the wall
25
surface area, with a maximum of 160 square feet. Wall signs shall not exceed the height of the building
parapet. Wall signs are not permitted on the side or rear of a building that is not adjacent to a street.
Other Changes with PUDs in Code:
18.06: [definitions] PLANNED UNIT DEVELOPMENT (PUD): A development of one or more land uses and
several structures embracing , ^ ^f ��^P -SeS Within an integrated and harmonious scheme,
developed under unified control.
18.08.010: ENUMERATION OF DISTRICTS:
J. Planned Unit Development (PUD): The purpose of this district is to embrace a cembinatien encourage
innovation and special features in development by embracing and promoting: development patterns in
harmony with community objectives, a maximum choice of living environments, a14ew a more useful pattern of
open space and recreation areas, enhanced design standards and architectural features, conservation of energy
and efficient design, and a -development patterns which preserves and utilizes employ the natural setting of the
site
natural drainage patteFR-.
18.08.030: GENERAL CONTROLS BY DISTRICT:
D. When several combined land uses exist or are proposed, the most intensive land use shall be considered the
primary activity for a development application ar use f a planned U r;+ development , set forth ; Eh pteF
1 -8.20 ^f this title. All nonprimary activities or uses outside a planned unit development as set forth in chapter
18.20 of this title or a creative community as set forth in chapter 18.21 of this title, shall only be allowed in
accordance with the schedule of general controls, unless the same constitutes subordinate uses which are
customarily incidental to and located on the same lot or in the same building as the primary activity or use.
17.08.120: PLANNED UNIT DEVELOPMENT:
"Planned Unit Development" means a development of one or more land uses and several structures embracing
,.h;n,+,^n Of I,n,1 „5o5 ,. ithir an integrated and harmonious scheme, developed under unified control.
17.20.090: PLANNED UNIT DEVELOPMENTS:
The criteria of "impossibility" and "hardship" shall not apply to a request for relief from the provisions of this
title if such request is part of a proposal for establishing a bona fide planned unit development. However, the
requested relief shall not be granted if it appears that the planned unit development will not be consistent with
the stated purpose of this title or with the intent and objectives of the E4y-�s City of Chubbuck comprehensive
plan. The city council, with the advice of the public works director, shall determine whether a proposal
constitutes a bona fide planned unit development. Such a development must conform to the definition of a
"planned unit development" set forth in chapter 17.08 of this title and standards set forth in chapter 18.20 of
this title, and the proposal for any such development must be accompanied by true and accurate copies of the
actual legal instruments by which the development will be controlled and managed, together with such other
information required by this title or as may reasonably be prescribed by the public works director.
W:
CHUBBUCK
Memo
Office of Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Land Use & Development Commission
From: Don Matson, Senior Planner
Date: January 22, 2020
Re: Chapter 18.06 Definitions in Land Use Code Title 18
Attached are multiple revisions to the Definitions section of the Land Use Code, Chapter 18.06.
This draft rewrite aims to address several issues:
• Add definitions of housing and subdivision lot terms that are not in Title 18, but are part
of the specific allowed uses in the two adopted Creative Community plans
• Illustrations are proposed for two of the terms
• Remove the numbering system of the definitions to make it easier to amend the chapter
in the future as needed
• Group several existing definitions that are separated, such as "Lot" and "Z Lot," proposed
as "Lot" and "Lot, Z"
• Add or revise numerous definitions that are necessary to correlate with other proposed
code revisions
o PUD definitions
o Sign definitions / categories
o Accessory dwelling units
• Add or revise definitions to relate better with other Titles in City Code
• Clarify definitions of several housing types
The proposed revisions are important as the Commission and Council move forward with other
ordinance updates, and to keep pace with development demands throughout the City.
Please review the draft code and compare it with the current code
(http://www.sterlingcodifiers.com/codebook/index.php?book id=632&chapter id=44069) and
come prepared to discuss the proposal in detail, along with any other thoughts or comments.
Title 18.06
DEFINITIONS
[delete numbering for ease in amendments — alphabetical only]
GENERALLY: For purposes of this title, the terms set forth are herein defined:
ABUTTING G ZERO LOT LINE E RESIIIC[rename Zero Lot Line Residence, Attached]
:ESSORY DWELLING: A residential dwelling unit within the same building as a single household dwelling,
in a detached building such as a guest house, or attached to a garage, and located on the same lot as the
single household dwelling. An accessory dwelling unit may also be attached to or associated with a non-
residential structure or land use, such as a caretaker unit, parsonage, live -work unit, or loft apartment. Such
dwelling units are subordinate to the primary land use. Multiple apartments above or behind commercial
space in mixed-use buildings are not considered accessory dwellings.
ACCESSORY STRUCTURE: [no change]
ADULT BUSINESS: [rename to Sexually Oriented Business to match Title 5]
AGRICULTURE: ono change]
ANIMAL CARE SITE: [no change]
AWNING: A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding
a doorway or window. An awning is either permanently attached to a building or can be raised or retracted
to a position against the building when not in use.
BLOCK: [no change]
CANOPY: A structure other than an awnina made of fabric. metal. or other material that is suaaorted
columns or posts affixed to the ground and may also be connected to a building.
CHILDCARE CENTER: ono change]
CONDOMINIUM: An estate consisting of an undivided interest in common in real property, in an interest or
interests in real property, or in any combination thereof, together with a separate interest or interests in real
property, or in any combination thereof, as defined in state code. A condominium may refer to an
apartment, townhouse or single household dwelling that meets these criteria, as well as commercial or
other non-residential properties.
DRIVE-IN ESTABLISHMENT: [no change]
DWELLING: [no change]
FENCE, SCREENING FENCE: [rename from Screening Fence, no change in definition]
FENCE, SOLID FENCE: [rename from Solid Fence, no change in definition]
HOME OCCUPATION: [no change]
HOUSEHOLD: [no change]
KENNEL: [no change]
LIVESTOCK: ono change]
LOT: [no change]
LOT, Z: A parcel with lot lines that are zig-zagged or joaaed, and placed in a series of similarly shaped and/or
relatively small lots within a subdivision. Also referred to as a zipper lot. Z lots may be developed with or
without zero lot line residences.
Illustration: Z lots can create more useable side or rear yards and/or allow side or rear windows to capture wider
views of the outdoors. In this confiauration the wide and shallow back vards (shown by the dashed line) are
modified to create more useable, deeper yards (solid lines).
NONCONFORMING USE: ono change]
PARKING SPACE: [no change]
PEDESTRIANWAY: A walk extending entirely through a block from street to street or providing access to a
school, park, recreation area, residential neighborhood, or commercial or industrial area.
PLANNED UNIT DEVELOPMENT (PUD): A development of one or more land uses and several structures
embracing a embinatien of land uses within an integrated and harmonious scheme, developed under
unified control.
PRODUCTION BUILDING: [no change]
RECYCLING CENTER: ono change]
RESIDENTIAL RENTAL DWELLING: INN: (rename Accessory Dwelling Unit with new definition)
RESIDENTIAL STRUCTURES: Are defined as including the following:
A. Single household dwelling: A structure containing no more than one household or living unit except a
qualified accessory dwelling unit.
B. Duplex: A structure containing no more than two (2) households or living units on one parcel. The dwellings
may be side by side or above and below (see also Twin Home).
C. Threeplex: A structure containing three (3) households or living units.
D. Fourplex: A structure containing four (4) households or living units.
E. Townhouse: A single dwelling in a structure containing three (3) to eight (8) households or living units on
separate lots with common walls between them, having ground level access and all exits open directly to
the outside. Also referred to as a townhome or row house.
F. Twin Home: A structure containing no more than two (2) households or living units on separate parcels, side
by side with a common wall between them (see also Duplex and Zero Lot Line Residence).
G. Patio Home: A single household dwelling, clustered with other similar homes, having small yards and access
via a common court.
H. Apartment building: A structure eF r^Y,„ lex of -*r, +,,Ytf containing five (5) or more households or living
units, excluding townhouses.
SALVAGE SITE: ono change]
SCREENING FENCE: [rename Fence, Screening]
SELF-SERVICE STORAGE FACILITY: ono change]
ADULT SEXUALLY ORIENTED BUSINESS: [no change]
SHOP: [no change]
SIGN: Any visual device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors,
illumination, symbols, numbers, or letters for the purpose of communicating a message. Sign includes the
sign faces as well as any sign supporting structure designed er used +„ cenvey inf„r,,.,a+;,,,,
A. Awning Sign: Any sign painted on, or applied to, an awning.
B. Canopy Sign: Any sign that is part of, or attached to, a canopy.
C. Monolith Sign: A narrow, high profile sign permanently affixed to the ground at its base, supported by a
base structure and/or with a supporting structure completely covered or contained within the sign cabinet
structure.
D. Monument Sign: A low profile sign permanently affixed to the ground at its base, supported entirely by a
base structure, and not mounted on a pole. Also referred to as a ground sign.
E. Pole Sign: A high profile sign permanently affixed to the ground at its base, supported entirely by a base
structure and/or with a supporting structure of two (2) or more poles, with the support structure partially or
entirely exposed.
F. Projecting Sign: A building-mounted, double-sided sign with the two faces generally perpendicular to the
building wall, not to include signs located on a canopy, awning, or marquee. Also known as a blade sign.
G. Pylon Sign: A high profile sign permanently affixed to the ground at its base, supported entirely by a base
structure and/or with a supporting structure of two (2) or more poles, with the support structure entirely
concealed or encased in decorative materials such as brick, wood, or faux stone.
H. Roof Sign: A building-mounted sign erected upon, against, or over the roof of a building.
I. Site Directional Sign: Small signs designed to provide directions or other information to pedestrian, bicycle,
and slow-moving vehicular traffic into, out of, or within a site.
J. Wall Sign: A building-mounted sign which is either attached to, displayed on, or painted on an exterior wall in
a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall
sign. Also known as: fascia sign, parallel wall sign, or band sign.
SITE BUILDING: [no change]
SOLID FENf C; [rename Fence, Solid]
STORE (NOUN): [no change]
STREET: ono change]
STRUCTURE: [no change]
USE: ono change]
VEHICLE REPAIR SITE: [no change]
VEHICLE SALES SITE: [no change]
VEHICLE STORAGE SITE: ono change]
YARD: [no change]
ABI ITT' NG ZERO LOT LINE RESIDENCE, ATTACHED: Two (2) or more zero -'At I ipti residences that abut each
other on a common boundary and each are built to building code standards. An abutting zero lot line
residence shall be constructed with zero lot line firewalls as required by the building code. Twin homes and
townhomes are examples of abutting zero lot line residences.
ZERO LOT LINE RESIDENCE, DETACHED: A single-family reside^11_ household dwelling built on a subdivision
lot with one side having zero setback from the property line. It is detached from other residences or
structures, and typically has a maintenance easement on the adjoining property for access to the exterior or
roof. A zero lot line residence is built to building code standards for a SiRgle family single household
dwelling.
Illustration: Standard configuration of detached homes with narrow side yards that are not very useful, can be
difficult to access.
Illustration: Zero lot line (detached homes) have side yards combined for openness and more useable space —
maintenance easements are recorded on the opposing lots.
�__ -1 1— __-1 I I
House House I House ' House
1 i y
I I
House
G a- 3ge
2
IIHOUSe�II
KOUSe
FffMSel
Illustration: Zero lot line (detached homes) have side yards combined for openness and more useable space —
maintenance easements are recorded on the opposing lots.
�__ -1 1— __-1 I I
House House I House ' House
1 i y
I I
House
G a- 3ge
2
Other Title 18
18.08.03 GENERAL CONTROLS BY DISTRICT:
D. When several combined land uses exist or are proposed, the most intensive land use shall be considered the
primary activity for a development application er use fer a plaRRed W n;+ development , so+ feer+h ; rcha tee
Q.2Q- r.f. +h;sr +; All nonprimary activities or uses outside a planned unit development as set forth in
chapter 18.20 of this title or a creative community as set forth in chapter 18.21 of this title, shall only be
allowed in accordance with the schedule of general controls, unless the same constitutes subordinate uses
which are customarily incidental to and located on the same lot or in the same building as the primary
activity or use.
18.08.04 SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS:
Land Uses
Land Use Districts
A
R-1
R-2
R-3
R-4
C-1
C-2
I
Residential Dwellings (subject to density restrictions):
Single household dwelling
P
P
P
P
C
C
C
X
Duplex (subject to restrictions)
C
X
C
P
P
C
C
X
Threeplex
X
X
X
P
P
C
C
C
Fourplex
X
X
X
P
P
C
C
C
Apartment building
X
X
X
X
P
C
C
C
Residential rental Accessory dwelling
C
Pz
Pz
P
P
P
C
C
Zero lot line residence, abutting or
detached (subject to restrictions)
C
C
P
P
P
C
C
X
Definitions in Other Sections:
16.08.04 CONDOMINIUM:
Condominium" means a development of land Greating a GGherne of interests On real property defined as a
Gendernonourn" ;n the an estate consistina of an undivided interest in common in real property, in an interest or
interests in real property, or in any combination thereof, together with a separate interest or interests in real
property, or in any combination thereof as defined in state code. A condominium may refer to an apartment,
townhouse or sinale household dwellina that meets these criteria, as well as commercial or other non-
residential properties.
17.08.04 CONDOMINIUM:
"Condominium" means a development of land creating a scherne of interests On real property defined as a
..nnndominii im" in the an estate consisting of an undivided interest in common in real property, in an interest or
interests in real property, or in any combination thereof, together with a separate interest or interests in real
property, or in any combination thereof as defined in state code. A condominium may refer to an apartment,
townhouse or single household dwelling that meets these criteria, as well as commercial or other non-
residential properties.
CHUBBUCK
Memo
Office of Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Land Use & Development Commission
From: Don Matson, Senior Planner
Date: January 22, 2020
Re: New Code Chapter 18.10 Accessory Dwelling Units
Attached is a proposed new section of Title 18 addressing accessory dwelling units (ADUs). The
current section regarding ADUs has some contradictions and is difficult to administer. Without
more clarity for ADUs, very few homeowners have applied for a building permit to create and
ADU.
This draft rewrite aims to address several issues, as well as strengthen concerns in the
community and current City Code:
• Require owner occupancy in the main home (or the ADU) via a deed restriction
• Clarify review and approval process
• Create size, height, and parking standards
• Require home additions to have design compatibility with existing home
The proposed chapter appears to address these and other issues and concerns with the current
code.
Input from the Commission is welcome. Please review the draft on the following pages, which is
a strike-out/underline version to point out the deletions vs. additions. The current code can be
found here under section N.
(http://www.sterlingcodifiers.com/codebook/index.php?book id=632&chapter id=44071#s1157
688) Please come prepared to discuss the proposal in detail, along with any other thoughts or
comments.
Chapter 18.10
ACCESSORY DWELLING UNITS
18.10.010: PURPOSE: The purpose of this chapter is to: allow a more economic and efficient use of the City's
housing supply, land, and infrastructure; provide a mix of housing that responds to changing family amily needs;
provide a means for homeowners, particularly seniors, single parents, and families with grown children, to
remain in their homes and neighborhoods, and obtain extra income, security, companionship and services;
arotect neiahborhood stability and aroaerty values: and maintain the aoaearance and character of Chubbuck's
single household neighborhoods.
18.10.020: OWNERSHIP: If the proposed accessory dwelling is located in the A, R-1, R-2 or R -21P zone:
A. The owner of the property on which the accessory dwelling is to be created shall occupy one or the other of
the dwelling units. For the purposes of this section:
1. Owner shall mean one or more individuals who hold title directly or indirectly to the dwelling, and for
whom the dwelling is the primary residence; a natural or adopted parent, grandparent, child,
grandchild, brother, or sister of the owner of the dwelling may be considered the owner occupying one
or the other of the dwelling units.
2. Owner occupancy shall mean a property owner who makes his or her legal residence at the site, as
evidenced by voter registration, vehicle registration, or similar means, and resides at the site more than
six months in angiven iven year.
B. Before obtaining a building permit, a deed restriction shall be recorded requiring that either the primary unit
or the accessory unit be owner occupied and that the accessory dwelling shall not be sold separately. The deed
restriction shall run with the land, but may be lifted at a future time if the main dwelling and the accessory are
converted back into a single residence, or the property conforms to current zoning standards.
18.10.030: LOCATION:
A. An accessory dwelling unit is located on the same lot as a single household dwelling unit, either within the
same building as the single household dwelling or in a detached building such as a guest house or
attached to a garage. It shall not be attached to a duplex or other multi -family structure.
B. An accessory dwelling unit may also be attached to or part of a non-residential structure or land use, such as
a caretaker unit, parsonage, live -work unit, or loft apartment. Multiple apartments above or behind
commercial space in mixed-use buildings are not considered accessory dwellings.
C. Accessory dwelling units are permitted, conditionally permitted, or permitted with restrictions throughout
the City, per the Schedule of General Controls; Land Uses by Districts found in 18.08.040.
18.10.040 SIZE AND HEIGHT:
A. Accessory units associated with a single household dwelling shall be smaller than and clearly subordinate to
the primary dwelling unit, and no larger than 1,000 square feet in size. If the accessory dwelling will occupy
one level of the home (e.g., basement), it is not feasible to use the remaining area on that level as part of
the primary dwelling, and it meets all other requirements of this chapter, it may be authorized by the
Director or his designee to occupy the entire level, regardless of size.
B. An accessory dwelling unit associated with a non-residential structure or land use shall not be limited in size
but must be smaller than and subordinate to the primary land use.
C. The height of the accessory unit shall not exceed the height of the main structure on site, or as permitted by
the underlvina zonina district, whichever is less.
18.10.050: PARKING AND ACCESS:
A. For accessory units associated with a single household dwelling, one (1) additional off-street parking space
shall be required in addition to the spaces required for the primary dwelling. Garages and carports may be
included in the required amount of off-street parking. Residential driveway parking spaces shall be at least
10' wide and 20' deep from back of sidewalk.
B. For accessory units associated with a non-residential structure or land use, parking may be shared with the
primary land use, but at least one (1) parking space shall be dedicated for each bedroom if the dwelling is
greater than 1,000 square feet in size.
C. A waiver to the parking requirements may be granted by the Director subject to documentation that unusual
circumstances of the occupancy will result in a reduced need for parking on the premises and will not
negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be
documented in the deed restriction required in Section 020, above.
D. A walkway shall be provided from the accessory unit to the street, and shall be a minimum of three feet (3')
wide and shall be finished with a hard all-weather surface.
18.10.060: DESIGN COMPATIBILITY:
A. In order to maintain an exterior consistent with the primary dwelling and the character of the neighborhood,
or the associated non-residential structure or land use, any additions or modifications to create an
accessory dwelling unit shall incorporate materials, colors, and design motifs that are compatible with and
complement of the primary dwelling or land use, including siding, roofing materials, exterior colors, window
trim, and roof style. If it is not feasible for the accessory dwelling to meet these requirements, an alternative
design may be approved through a Design Review process.
B. For accessory dwelling units attached to a house, only one entrance to the structure may be located on the
front building elevation of the house unless multiple entrances are already in existence.
C. The accessory dwelling shall not be created in or from a production building, vehicle, or temporary structure.
Conversion of a garage is not permitted unless the required parking can be sited legally elsewhere on the
property.
18.12.030.N—.-1 8.10.070: PERMIT PROCEDURES FOR Qesedenteal Rental Dwell fi-n . ACCESSORY DWELLING
UNITS:
�A. Any person applying for - Yefiden+o-Al ron+;;i an accessory dwelling unit shall make application as set forth in
this Title and Title 15.; h^wever,
B. If the proposed location lies in the R-1, R-2, or R-213 zone, the applicant thdo n shall, on an application
form provided by the city, list the names and addresses of all owners of record and known occupants of
property within the external beundaries of the land being censidered and, from the outermost points
where applicant's property borders the city street, for three hundred feet (300') each way from that point
along and on either side of said city street.
1. If the accessory unit will be all or partly in the rear yard, or consists of new construction or an expansion,
owners of record and known occupants of property adjacent to the rear property line shall be included.
if the appl capt v.411 ev.op and „rr, py the preperty apd If all of the above described owners or occupants
sign the applicant's applicatien petition for - resid-e—n al. rental an accessory dwelling permit, then said
permit shall be granted, provided all other requirements of this chapter and Title 15 of this code are
satisfied.
3. If any occupant or owner of record refuses to sign the petition, the applicant shall be required to #eve
seek the issuance of a conditional use permit for the residler,+ial r accessory dwelling.
.C.
If appliEaRt GIAPS nAt AWR the pFE)peFty aRGI�E)F Will ROt accupy the property, the applicant will be requi e
+„ have a cl,nditiGRal use permit f„r the residential rental dwelling If the proposed location lies in the A, C-
2 or I zone a Conditional Use Permit shall be required.
D. Any accessory dwelling unit that is attached to or associated with a primary residence shall be served by the
same water, sewer, solid waste, electric, and natural gas utility connections and the same postal service
address as the primary residence, unless otherwise required by the utility provider or US Postal Service.
Chapter 18.08
LAND USE DISTRICTS AND GENERAL CONTROLS
18.08.040 Table
Notes:
1. [no change]
2. Permitted if A-viner ^rr-Hp*ed and ne unless objections by any person as set forth in subsection 18.',�-z-030N
18.10.070 of this title, in which case the matter is treated as. If there @re ebjectiens „r ;f net evVner ecc ,pied
the applicant must apply of a conditional use permit.
3. [no change]
Chapter 18.12
SUPPLEMENTAL CONTROLS
18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES:
N Permit Dro-o,1„ro5; Fur oos„lon+„l Qon+,l n,.,oii rn; [delete entire section]
CITY CODE CHAPTER 1.8.28
SIGNIFICANT AMENDMENT PROPOSAL
City Council Study Session i.i5.19
WHAT IS CHAPTER 18.28
CHUBBUCK
• Presented much of this info at high level to Council earlierthis month
• Some thoughts arose from Council that we'll discuss tonight as we go through the
d raft
DEFICIENCIES IN CODE
CHUBBUCK
an deal with things like
do not affect non-adjacen
ers
Ls (mailings)- Upon review
nd Idaho, none were found
notice beyond that of
lnds 1 hearing only if
code:
s costs (financial and
es input at L.UDC level
ny is often repetitive
DEFICIENCIES IN CODE
I OL
CHUBBUCK
Creates confusion w/ applicants and
Staff
Decision making process is messier
than it needs to be; transfers make
Required by Idaho Code 67-6535 as
amended in 2013
DEFICIENCIES IN CODE
zj���
CHUBBUCK
I0AHO
.ion w/ applicants and
approval are mixed
onditions
dance to applicants
DC and Council will
t of the approval
y little guidance
DEFICIENCIES IN CODE
L
CHUBBUCK
i an 11 0
Creates issues where Council uneasy
with blanket approval and so denials
are given when there is probably a
compatible use that could work
(DelTam rezone in 2017 example)
Creates uncertainty for process and
for applicants as to whether appeal
will be filed
• Important changes
• Design review occurs prior to use permit
• Separate standards from possible conditions
• The proposed use is conditionally permitted in the subject land use district and complies with
all of the applicable provisions of city code unless modified through the conditional use permit
process;
• The proposed use is generally not in conflict with the goals, objectives, and policies of the
adopted Comprehensive Plan.
• The proposed use is compatible with other existing and permitted uses in the general vicinity.
• The proposed use would not place an undue burden on transportation, police and fire
protection, water/sewer, schools, police and EMS protections, and other public facilities, or
agencies, in the vicinity.
• The proposed use is harmonious in scale, mass, coverage, density, and intensity with all
adjacent permitted land uses.
• The proposed use, if it complies with all conditions imposed, will not adversely affect other
properties orthe environment in the vicinity to a materially greater extent that would uses
permitted outright by this Code
• Important changes
Conditions (18.28.20.C6)
• Permit a variance approval at same meeting
• Establish an effective date for approval (10 days after decision)
• Allow for modifications
Minor (administrative)
• A reduction in residential density that does not exceed twenty-five percent (25%) of the total units,
• A relocation of dwelling units or building pads for some practical reason such as road alignment,
topography, access, solar access, or stability in hillside areas;
• A change in phasing plan;
• A modification to the recreation area or open space design, but not including elimination or significant
reduction of greater than ten percent (io%),
• An increase or decrease in the proposed setback as long as Code requirements are met; or
• Similar changes as determined by the director;
Major (full public hearing)= everything else
Important changes
• CUP runs with land assuming compliance with permit is found in continued use
• Establishes process for revocation for violation of city code/use permit
• Variances allowed only for:
• Lot area, lot width/depth, setbacks, building height, or other land use provisions pertaining
to how a building could go on a lot
• Notifications to neighbors instead of those within Soo`
• Effective date of decision established
• Reaffirms current variance approval criteria
• Applicant has tried to fulfill all city requirements
• Not a special right or privilege
• Undue hardship exists (deprived of rights enjoyed on other similar zoned properties)
• Undue hardship caused by site characteristics & not cuased by applicant, landowners, and
not caused by financial returns.
• Approval not to adversely affect neighbors
• Approval not detrimental to public health, safety, welfare
• MinorVariances
Approval of modification of setbacks, height, lot coverage, building footprint size by up
to 10%
Applicant must get written consent from neighbors (similar to a home occupation
permit), otherwise must seek full variance.
Currently we do not have guidelines or procedures outside of what exists in Idaho Code
• Limits comp plan changes to twice a year
• 1 public hearing wj LUDC, then a business item review to Council
• Sets criteria for comp plan amendments
• The proposed change is required for the public convenience or necessity, orthe general
welfare of the community;
• The proposed change is needed to recognize substantial changes in the actual
conditions of the area or City that have occurred since the Comprehensive Plan was
adopted, or is necessary to correct one or more goals, objectives, or policies that exist in
the plan;
• The proposed change will comply with the community's goals, objectives, and policies
within the Comprehensive Plan, including its maps.
• The proposed change will not place undue burden on transportation or other public
facilities in the planning area, and does not adversely impact the delivery of services by
any political subdivision.
• Like comp plan amendments, right now we really just follow approval process and
criteria from Idaho Code- changes to make it match Chubbuck's
priorities/goals/values
City may require concept development plan
• 1 public hearing with LUDC then business item review by Council
• Establishes standards for map changes and code changes
Establishes standards for code changes
• The proposed amendment would be in the community's best interest;
• The list of uses permitted by the land use ordinance would blend with surrounding land uses;
• The subject site is suitable forthe type and intensity of land uses permitted under the proposed zoning
district;
• The uses permitted in the proposed zoning district would be adequately served by public facilities and
services
• The proposed amendment would be adequately served by transportation routes, police and fire
protection, water/sewer, schools, police and EMS protections, and other public facilities, or agencies, to
serve the public health, safety, and general welfare;
• The uses permitted in the proposed zoning district would be compatible in terms of their scale, mass,
coverage, density, and intensity with adjacent land uses; and
• The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted
Comprehensive Plan. The Commission and Council shall have discretion in interpreting exact boundary
locations of the future land use map designations when considering map amendment requests.
Establishes standards for code changes
• The proposed text amendment would be in the community's best interest;
• The proposed text amendment is consistent with the existing provisions of the zoning ordinance; and
• The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted
Comprehensive Plan and furthers them more than the adopted zoning text.
Rezones could be done via zoning development agreement
• L.UDCJCouncil may not like all potential uses in a zone and could authorize specific uses
only, often tied to a certain project
• If development agreement is not followed by applicant/users, zoning could revert
• Requires annexation before provide city services/facilities (or written consent)
• Notice and hearing would be similar to rezones
Sets Chubbuck-specific approval criteria (state code doesn't have any aside from
requirements that the land be contiguous to city boundaries)
• The land is contiguous or adjacent to the City boundary;
• All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be
included within the area requested for annexation unless expressly agreed between the City and the County.
• The annexation meets the requirements for its Annexation Classification;
• Annexation of the land is in the best interest of the City (i.e., income generated by property taxes will exceed
long-term costs associated with maintenance and provision of services and facilities; the advantages both to
the City and to the area outweigh the disadvantages; if previously developed, the area has the opportunity to
redeveloped or to develop at higher densities; if expenses required exceed property tax income, the residents
and/or Council agree to form a local improvement district; annexation is equitable and fair to existing residents;
annexation would address a public health concern);
• The land is able to be served currently, or within a reasonable time, by essential urban services.
• Formalizes process to appeal a staff -level decision
• io days from decision
• Appeals heard by LUDC
• LUDC decision appealable to Council
Formalizes process to appeal LUDC decision
• io days from decision
• Appeals heard by Council
• If still dissatisfied, a process to request reconsideration is proposed (required by Idaho
Code) but we don't have a formal process
Planned Unit Developments
and City-wide Strategic Goals
Updates to City Code Title 18.20: PUDs
Incentives, Architectural Guidelines,
Standards, and Procedures
L
CHUBBUCK
i a N H 0
PUDs
City Strategic Plan
• Council discussions on infill,
orderly growth, revenues, and
expenses
• Better use of City resources and
infrastructure
• Better use of private resources
and investments
• More sustainable and livable
development patterns
_:�
i
Spirit of PUDs
• PUD higher quality product with
design and amenities
• Larger scale PUD integrates
different land uses and housing
types
• Need more creativity than in
current code and definitions
• Incentives may be in setback,
density, height, parking standards
• Regular zoning — no incentive
IRRHa
Current Conditions
Code Structure and Language
• Some language leftover from
earlier concepts of overlay zone
• §30/§76 residential zone density
• §40 uses allowed in the zone
• §80 setbacks in zoning
• Other contradictions in §30, §75
• Leaves questions on land uses,
setbacks, etc.
• Confusing density calculation §76
Development Trends
• Separation of land uses began for
public health purposes
• Separation often misused or
overused today
• PUD can be attractive for
developers
• Most increase density and amenities
• Recent projects highlighted
shortcomings in code
3 CHUBBUCK
1 6 A H 0
Proposed Changes — Raising the Bar
• Restructure references to underlying zone
• Refine Purpose section, add Intent - p. 1-2
• Purpose focuses on development, Intent on City goals/policies - p. 2
• Eligibility new subsection - p. 2-3
• Fulfill 2 of 6 requirements
• Minimum area revised - p. 3
• Old: SF I acre, MF no min, MxUse 3 acres, Cmrclllnd 5 acres
• Proposed: Res I acres, MxUse/Cmrcl/Ind 3 acres
• Downtown/Infill no min, but "design must accommodate requirements"
I
L
CHUBBUCK
Proposed Changes — Procedure
• Application procedures major revision - p 4-6
• Existing code includes planning conference, preliminary plan, final plan
• Propose planning conference, optional sketch plan, master development plan
• Much of the same application requirements, just reorganized
• Process PUD zone change simultaneously
• Keep option to process plat at the same time
• Amendment procedures clarified, major vs. minor - p. 6-7
• Allow administrative process for minor amendment
5
L
CHUBBUCK
1 0 H H 0
Proposed Changes — Land Use
• Current code based
on current or prior
zoning - flawed
• Propose PUD land
use based on Comp
Plan district- p. 7
•
Example: PUD in
LDR areas based on
and uses
COMPREHENSIVE PLAN DISTRICT -ZONE DISTRICT CONVERSION
Plan Designation
Zoning District Permitted
LDR — Low Density Residential
R- I — Single Family Residential
R-2 -- Limited Residential
MDR — Medium Density Residential
R-2 — Limited Residential
R-3 — General Residential
HDR — High Density Residential
R-3 — General Residential
R-4 — Dense Residential
C — Commercial
C- I — Limited Commercial
C-2 — General Commercial
E — Employment
C-2 — General Commercial
I — Industrial
MU — Mixed Use
R-1, R-2, R-3, R-4, C- I
• Propose providing
land use
chart for PUD
zone
similar to current
chart for
zones in code-
p. 8-12
L
CHUBBUCK
Proposed Changes — Land Use & Open Space
Other uses not allowed- p. 12
• Subsection d in existing code; propose raising limit from 10% to 20%
• Subsections b, c, a (uses requiring a CUP), f (reserve industrial land) are new
• Waivers and adjustments clarified- p. 12-13
• Additional detail for setbacks next to residential districts
• Water conservation encouraged, screening of equipment- p. 14
• Open space requirement (residential) raise to 15%- p. 14- 15
to open space required
✓stem/connection required for larger residential PUDs
L
CHUBBUCK
Proposed Changes —Amenities_ (Residential
Requirements
• Open space — at least 15% of
gross area
• Setbacks excluded
• Utility and canal easements
excluded, unless managed 1
landscaped and useable
• Natural areas may be included if
managed (weeds, erosion)
E
:em for larger PUDs
Two Additional (Choice
• Developer provide at least 2,
large enough to serve PUD
• Additional open space — 10%
• Active recreational facilities
• Greenways 1 waterways with trails
• Public park or trailhead
• Golf course
• Other amenity as approved
4�04\
CHUBBUCK,
Density Example — PUD, 2 acres, apartments
• 2 x 43,560 sf = 87,120 sf
• Gross area = 87,120 sf
• Subtract nonresidential land
uses, streets, sidewalks — 2,300 sf
• Net residential, common area
= 84,820 sf
•
Divide by min. lot area per
dwelling unit (apartments relate
to R-4)
• R-4 Zoning Minimum Lot Area
• 2,400 sf for the first household
• 1,000 sf for each additional
• Subtract 2,400 sf for 15t unit =
82,420 sf
• Divide remainder by 1,000 sf =
82.4 units, round up to 83 units
Answer: 84 apartments (42/acre)
Requires 168 parking spaces (over
30,000 sf just for the spaces)
9 CHUBBUCK
ionxo
Current Density in the Ci
Single Family R- l 2.96/ac R-2 3.04/ac
Duplex/Twin Homes R-2 (! sample)
Townhomes
4-Plexes
Apartments
All R- 12.961ac
All PUD 7.69/ac
R -2P (1 sample)
PUD
3.43/ac
R-2 P 5.48/ac
PUD
5.88/ac
PUD
10.77/ac
R-4 11.63/ac
PUD
16.15/ac
R-4 15.79/ac
PUD
19.52/ac
All R-2 3.28/ac All R -2P 4.41/ac All R-4 12.55/ac
No R-3 Zoning
L
- za�L
EHUBBUCK
Current Density in the Ci
Single Family R- 12.961ac
Duplex/Twin Homes
Townhomes
4-Plexes
Apartments
R-2 3.04/ac
R-2 (1 sample)
R -2P (1 sampief PUD 3.43/ac
R-2 P 5.481a PUD 5.88/ac
LDR
PUD 10.77/ac
R-4 I I.63/ac PUD 16. 15/ac
R-4 15.79/ac PUD 19.52/ac
HDR/C/E/MU
1
Al I R- 12.96/ac Al I R-2 3.28/ac Al I R-2 P 4.41/ac Al I R-4 12.5 5/ac
All PUDs 7.691ac MDR No R-3 zoning
CUB UC
y ,� H B K
Proposed Changes — Density & Incentives
• Current design incentives would be the new baseline- p. 16
• New density incentives for public facility sites, workforce housing,
architectural features- p. 16-17
(Examples on next slide)
• Infill much the same, propose automatic 5% density increase- p. 17
V;dg& • Non-residential standards, amenities, incentives all new- p. 17-20
a All new architectural requirements for residential uses- p. 20-22,
streetscapes- p. 22-23, and signs- p. 24-2,
Some non-residential standards revised from existing code- p. 23-2
0
Architectural Form (Residential.
Baseline Expectations
• Contrasting color and texture
• I principal window treatment
• Select 3 (of 8) additional features
• Deep recessed garage doors or
rear loaded garages
• Courtyards for clustered homes
• Garages/covered parking for at
least V2 of multi -family units
• Additional window treatments
. 7-fi- -1
Optional Incentives (3 or moree
• Enhance paving and design at
intersections, courtyards
• Stagger setback of homes
• Green building components, i.e.
• Permeable pavement
• Higher insulation levels
• Renewable energy features
• Any of the remaining "additional
features" at left
3 CHUBBUCK
iaAHa
Feedback?
At
z a � -
„ CHUBBUCK
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