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HomeMy WebLinkAbout02 11 20201a0_t_fr1_\ CHUBBUCK 1 0 n H a City of Chubbuck Land Use and Development Commission Regular Meeting February 11, 2020 7:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 AGENDA CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES for January 14, 2020 and January 28, 2020 (Action Item) IV. PUBLIC HEARING 1. An application for Conditional Use Permit for a Government Facility use- administrative building - in a C-2 General Commercial Zone. The subject property is approx. 1.54 acres consisting of portions of Lot 12 of Bonniebrae Acres Townsite located in the NW N of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Bannock County. Generally located at 4599 Burley Drive, Chubbuck, ID, 83202. Application will be reviewed against criteria and standards found in section 18.28.040C of municipal code. Type of Action: Decision (Action Item) 2. An application for Conditional Use Permit for self-service storage container yard use in a C-2 General Commercial Zone. The subject property is approx. 2.45 acres consisting of parcels RPRCCPCO11200 and RPRCCDF000200. Generally located at 4964 Yellowstone, Chubbuck, ID. Application will be reviewed against criteria and standards found in section 18.28.040C of municipal code. Type of Action: Decision (Action Item) V. STUDY SESSION 1. The Commission may review proposed city code text amendments by City Staff and provide input and suggestions for changes on the following sections of draft code: 18.28 Administration Chapter and 18.20 Planned Unit Developments (PUDs) Chapter. This discussion continues a previous study session discussion on both items that was held previously on January 28, 2020. VI. 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. CHUBBUCK I n R R 0 City of Chubbuck Land Use and Development Commission Regular Meeting January 14, 2020 7:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard, Rebecca Berls, Thais Ayre, Carrie Holm, Brandon Jackson and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Senior Planner Don Matson, Planner Paul Andrus, Community Planning and Economic Development Director Devin Hillam, Office Administrator Kami Morrison Mendenhall called the meeting to order at 7:00pm and lead the Commission in the Pledge of Allegiance. Mendenhall asked if any Commissioners had a conflict of interest within any items on the agenda. Jackson recused himself from public hearing item #3. Ayre recused herself from public hearing item #4 and business item #1. Budge recused himself from public hearing item #2. Holm recused herself from business item #2. Smith recused himself from public hearing item #4 and business items #1 and #3. APPROVAL OF THE MINUTES: November 12, 2019 Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of November 12, 2019 meeting be approved as emailed; Schwartz seconded. The full authority approved. PUBLIC HEARING An application for a Change in Land Use District from Limited Residential (R-2) to General Commercial (C-2) on approximately .4 acres of land. Subject property is in the NE % of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 224 E Linden Avenue, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Employment. Type of Action: Recommendation. (action Item) Item was presented by Devin Hillam, Community Planning and Economic Development Director, representing the City of Chubbuck and the Chubbuck Development Authority who jointly own the piece of property for the future Chubbuck City Hall. The petition before the Commission is to rezone approximately .4 acres which will be part of the larger downtown and City Hall area. Hillam reviewed the criteria in regards to the rezone; there are very few public subdivisions that would be effected, the City of Chubbuck being the largest as the applicant. Notices were sent to all other political agencies and no comments were received back. Proposal doesn't conflict with comprehensive plan. Staff report includes an analysis of goals, one of which is to direct urban growth to urban infill areas. Staff believes the area is ripe for infill in regards to the downtown plan. The rezone meets all other criteria. City staff will come before the Commission next month with a plat for the City Hall site. No questions from the Commission. Mendenhall opened the public hearing. No public comment. Mendenhall closed the public hearing bringing the meeting back to the Commission. Mendenhall entertained a motion. Schwartz moved to recommend approval of the application to change the land use designation from Limited Residential R-2 to General Commercial C-2 as requested. Holm seconded. With all Commission members understanding the motion they voted. Roll Call Vote: Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Brady Smith, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; TJ Budge, Yes; Jason Mendenhall, Yes. Motion carried. An application for Conditional Use Permit for light manufacturing, assembly and retail use in a C-2 General Commercial Zone. The subject property is approx. 8.19 acres consisting of portions of Lot 1, Lot 2 and Lot 4 of Block 1 Pine Ridge Mall First Addition, Generally located at 4215 Yellowstone, Chubbuck, ID. Type of Action: Decision (action Item) TJ Budge, representing the applicant, ARX Ventures, LLC. The application is for a Conditional Use Permit for the Shopko building at the Pine Ridge Mall. Shopko and the mall are separate parcels of land under different ownership. Applicant proposes some minor modifications to the interior of the building but no changes to the exterior. There may be some improvements to the fagade at some point but no structural changes. Facility will be used for a light manufacturing/assembly process. The building will also have a retail store on site. The majority of assembled products will be shipped from the facility. The proposed facility will have employees involved in manufacturing, research and development, as well as managerial and administrative roles. The business produces no adverse side effects, no smell, no noise, and no byproducts or refuse. Vacant commercial buildings are bad for business. As consumer shopping habits changing, malls are finding ways to repurpose big box stores. The property is currently zoned General Commercial. Laboratory research and light manufacturing are allowed under a CUP. Budge reviewed the CUP criteria. • There are no residences within 300 feet. • Already designed for commercial traffic. • No risk of adverse impacts to neighboring businesses. • Don't have to install utilities. • Will enhance tax value of property and provide jobs. • No noise outside. • More than enough parking. • Herberger's is currently vacant except planet fitness, nothing else adjoining. • Aesthetic qualities will be maintained. • No opposition expressed to date. Current existing access to the mall from inside will be closed off except for possible emergencies. Mendenhall asked about shipment schedules that coincide as to not interfere with children coming from and going to the school next door. Budge commented that there is a shipping dock on the west side of the building that will be utilized. Specific schedules have not been set yet but the applicant will be willing to accommodate whatever needs to happen in that regard. Berls asked about amending the reciprocal easement agreement with the mall. Budge stated they have reached out to the mall owners and may need JC Penny's approval as well. They are currently working through that process which is a condition of the lease of the property. If it is not secured they won't occupy the property at all. Berls expressed concerns about alternative energy and hazardous waste. Budge explained there are no chemicals used in the product. The product is not in market place yet, involves patents and is proprietary. They have discussed with city staff the option of including a condition that if it is different than what is shown on the application the City can ask the applicant to come back and address those issues. Other items addressed: • Projections on job growth are 350 within 18 months. • Existing electrical utilities are sufficient. • Five year draft lease has renewal options. As long they are using property in conformance with CUP, lease will stay in effect. • Don't anticipate any additional storage space or buildings. • 833 available parking spaces which is more than needed. Holm expressed concerns with the school and traffic patterns in that area. Budge explained that the parking they intend to utilize is less than what Shopko utilized and is a less intense use than is allowed. Paul Andrus, Planner, gave the staff report. Laboratory and light manufacturing are permitted in the C-2 zone. Staff recommends approval with conditions stated. Letter that was received was sent after the staff report went out. City will not get in the middle of that civil issue. City does not control shipment times or frequencies. Mendenhall opened the public hearing. In favor: Don Zebe, 465 Berrett, Pocatello ID, representing mall owner and applicant. Mall owner is not adverse to the project at all and will do what he can for approvals from JC Penny and Hobby Lobby. Shipments and deliveries will be in late evening after and prior to school hours. There were more trucks with Sears Herberg's and Shopko combined than will be in operation for this project. In opposition: Nikki Taysom, General Delivery, Pocatello ID, said there are too many unknowns especially with school kids nearby. Although other stores had more traffic with deliveries and customers there wasn't a school there at the time. Expressed concerns about production and waste. Stated she is deadly against the project and that we need to protect our children. Mendenhall closed the public hearing brining the meeting back to the Commission. Stoddard questioned DEQ's roll in monitoring the facility. Holmes stated they would deal with the DEQ separately. The City's involvement would be more in terms of Fire Department, hazardous waste and storm water discharge. Mendenhall stated he felt it was a good idea to bring the item back for review to see if what was presented is what's actually happening. Zebe expressed concern that the Commission had the wrong perception about environmental issues. Berls asked for more specifics on the environmental impacts that explain why an industrial hygienist would not be needed. James Brainard, 1690 Satterfield Dr., stated this is his factory and design. They will be making a product that uses no chemicals and no regulated materials. The primary ingredient is aluminum foil. It is not made on site but comes in on spools and they shape it to their needs to build power products. They don't use water in process so are not putting anything in sewer line that doesn't belong. The process is very clean. They expect around 350 jobs with a base wage of $50k. Mr. Brainard stated he has no problem with inspectors coming by any time. Waste materials are likely to be little bits of foil and paper. This technology is not something that will be in public view for some years and is transformative technology. Mr. Brainard's background is in green energy. He founded a successful solar power company here that he left to start this company. He has many relationships in D.C. with scientists that understand green energy. Mr. Brainard stated he is proud to help the government be safe, create jobs and help the community. He anticipates 2-4 semi's per day once in full production. Licensed inspectors can sign non- disclosures and come in any time. Commissioners further discussed an additional review of the facility including if it actually needed to come before the Commission again or if City staff could monitor it, as well as a time frame. Hillam stated that the staff could monitor the facility administratively and not bring it back to the Commission unless there were issues. Attorney Holmes mentioned that ON Semi -Conductor is right next to a school and there are no issues. He agreed with the recommendation from staff. Mendenhall entertained a motion. Berls moved to approve the Conditional Use Permit with the conditions recommended by City staff and with the recommendation that it will be reviewed in one year (from date of issuance) by staff and the Commission reserves the right to schedule additional reviews if necessary upon advice from Staff. Smith seconded. With all commission members understanding the motion they voted. Roll Call Vote: Dan Stoddard, Yes; Rebecca Berls, Yes; Brady Smith, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes. Motion carried. 3. An application for a Change in Land Use District from Limited Residential (R-2) to General Commercial (C-2) on approximately 0.69 acres of land. Subject property is in the NE % of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 4522 Burley Drive and 4520 Burley Drive in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Employment. Type of Action: Recommendation. (action Item) Stewart Ward with Dioptra, 4880 Cloverdell, representing the applicant. The request is for a zone change on property on Burley Drive. The property was purchased by ICCU last year. Two homes were removed and it is now a gravel lot. The piece to the east houses the storage buildings that previously came before the Commission for Conditional Use Permits. The surrounding property is all owned by ICCU and is zoned C-2. The last remaining one is in the R-2 zone. The Credit Union is in the process of doing a short plat to combine all the properties. City services are already available so no need to extend services. The C-2 zone is compatible with surrounding zones and conducive with the Chubbuck downtown area. Staff report was given by Don Matson, Senior Planner. Nothing new to report. No defined use for the property yet. Traffic count is very low on Burley, staff recommends approval. Mendenhall opened the public hearing. No public comment. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall entertained a motion. Smith moved to recommend approval of zone change as presented. Schwartz seconded. With all commission members understanding the motion they voted. Roll Call Vote: Rebecca Berls, Yes; Brady Smith, Yes; Thais Ayre, Yes; Carrie Holm, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. Motion carried. 4. An application for annexation of approximately 17.4 acres of land into the City of Chubbuck and to include the property in the Limited Residential (R-2) Zone, and to change the Zone on approximately .2 acres of land from Agriculture (A) to Limited Residential (R-2). The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Property is in the NW of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The subject parcels are generally located on the east side of Philbin Road, north of the Redman Lateral Canal and south of the future alignment of Sawtooth Street in Chubbuck, Idaho. Type of Action: Recommendation. (action Item) Mitch Greer, RMES 600 E. Oak, Greer stated they have been working with SEICAA on the project and the goal is to get it annexed into the City and get the appropriate zoning applied. They originally brought a project to the Commission in the southern section but had issues with funding. The intent is still to move forward but had to acquire different property that fit with their grant programs. This is the same type of development, single family residential in R-2 zoning. The homes will be very consistent to those in Park Meadows. Development is consistent with the comprehensive plan and City ordinances. The project is consistent with surrounding uses. The project is ultimately just finishing out what Park Meadows was going to be at one time. Schwartz clarified that the .2 acres has already been annexed, which was confirmed. Budge asked about greenspace between lots and if they are proposing any additional greenspace. Greer said they are not proposing any additional but will be contributing to the overall park master plan. They do have small areas reserved for drainage but not necessarily considered parks or greenspace. Staff report provided by Don Matson, Senior Planner. The west 25 feet was annexed about 12 years ago and is currently Agriculture zone. Really two actions: one is to annex 17.4 acres as R-2 and rezone strip on Philbin Road from Ag to R-2. Staff has no issues and support the application. Mendenhall opened the public hearing. Opposed: Nikki Taysom, general delivery, Pocatello ID. Commented that she has several concerns about SEICAA's involvement and if it's using public tax dollars she is deadly opposed. Expressed that she would like to know future development plans for the area to the north. Expressed her wish to save farm land and open space. Taysom stated that supporting public projects with non -profits is socialism. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall entertained a motion. Budge moved to recommend approval of the annexation and designate it as limited residential R-2, to include .2 acres on west end. Schwartz seconded. With all commission members understanding the motion they voted. Roll Call Vote:; Brandon Jackson, Yes; Carrie Holm, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes Jason Mendenhall, Yes. Motion carried. BUSINESS ITEMS 1. The applicant proposes a 21 lot Preliminary Plat for 20 single family residential lots and 1 common lot in the Alpine Crossing subdivision, Division 1A. It includes an extension of Pinewood Avenue west of Independence Avenue for access to this phase. Preliminary plats are evaluated against certain criteria found in municipal code section 17.12.100.B. Type of Action: Recommendation. (action Item) Mitch Greer, RMES 600 E. Oak, representing the applicant. The project will encompass the space that was just annexed (see above). Project will be a total of 21 lots and one open space lot that will function as a drainage facility. Lots are very consistent with Park Meadows. Intend to extend Pinewood to the west. Housing is in short supply. This is a spot that has been developing for many years and makes sense to finish out to meet demand. Park Meadows has been one of the most successful residential projects in the city. All homes will be owner occupied. SEICAA will not be developing rentals. They will be built and sold to homeowners through SEICAA programs. Original project was approved as Alpine Crossing Division 1 but wasn't developed. Since this piece will actually be developed first they are calling it Alpine Crossing Division 1A. Entire development will drain to the swell. They have done some preliminary grading for that. Irrigation conversations and plans are on-going. Have started the process of getting access. Staff report given by Don Matson, Senior Planner. No additional information. Some issues listed are that it is conditional upon annexation of property and upon Council approval of the plat. City Engineering Department looking at a pressurized irrigation master plan. Mendenhall entertained a motion. Schwartz moved to recommend approval of preliminary plat as presented with staff conditions. Jackson seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brandon Jackson, Yes; Carrie Holm, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Jason Mendenhall, Yes. Motion carried. 2. The applicant proposes an 11 lot subdivision with 9 multi -family residential building lots, one common lot, and one parcel for street dedications in the Sawtooth Ridge subdivision. The street's parcel will accommodate widening Philbin Road and extending Sawtooth Road east of Philbin for access to the property. Preliminary plats are evaluated against certain criteria found in municipal code section 17.12.100.B. Type of Action: Recommendation. (action Item) Stewart Ward, Dioptra 4880 Cloverdell, representing applicant. Property will extend Sawtooth from Philbin to the east. Total property is approximately 2.8 acres with 11 lots, 9 of which are multi -family units. One is a parking lot /recreational area and one for additional right-of-way on Philbin and Sawtooth. Property was recently rezoned to R-4 in October. The applicant hopes to break ground this year. Access to development is off of future Sawtooth road. All the lots include a building in addition to a parking lot. They are proposing an HOA to maintain the parking lot and landscaped areas with a cross access and utility easement for the parking lot. Water and sewer will be extended from Philbin. Storm water will be retained on site. Any storm water off the road will go into roadside swales. Areas inside development are outlined for storm water retention and an additional area in the north east corner for retention if needed. Sidewalks interior to the development are extended to the city streets. They stubbed a sidewalk to the east to the School District property for future walkable access. May piggy back on to the overall master plan irrigation system from Alpine Crossing or would have to build their own and there are already Ag irrigation rights on the property. HOA will maintain all the landscaping outside of the buildings plus any of the pavement within the development. There is a 12.5 foot buffer between Philbin and sidewalk that will likely be vegetation, similar to what exist in front of the church with a grass swell and trees. The developer will be widening Philbin and doing construction of the north half of Sawtooth. Staff report by Don Matson, Senior Planner. Main concerns are making sure they have irrigation rights required by code and that the easement on north side of property (partly on this property and partly on church property) is vacated in an agreement with the easement holder. Mendenhall asked if the city would be doing any traffic management. Matson stated that neither this development nor Alpine Crossing generate enough traffic to warrant a study. The city sent the traffic counts and projections for developments to a consultant. They are looking at other ways to find proportional improvements for projects. Mendenhall entertained a motion. Schwartz moved to recommend approval of the preliminary plat with staff conditions. Smith seconded. With all commission members understanding the motion they voted. Roll Call Vote: Thais Ayre, Yes; TJ Budge, Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Brady Smith, Yes; Brandon Jackson, Yes; Yes; Jason Mendenhall, Yes. Motion carried. 3. The applicant proposes a Preliminary Plat for 30 lots in the Northside Crossing Division 3 subdivision. It includes 24 single-family residential lots,1 parcel for open space/public park, 2 common lots, and 3 lots to be developed each with 4 dwelling units at a future date. One of the common lots will be an amenity (clubhouse), and the park will include part of the Northside Crossing trail system. Preliminary plats are evaluated against certain criteria found in municipal code section 17.12.100.8. Type of Action: Recommendation. (action Item) Mitch Greer, RMES 600 E. Oak, representing the applicant. In Northside Crossing Division 3 they are proposing a 55 and active development that will coincide with the housing development and also the commercial developments that will happen to the south. This is the first development like this. The development will have over an acre of park space to the south, and over an acre of property associated with a clubhouse as an amenity to the development. The project starts off with more than 25% of overall land dedicated to park and community space. Park will be a developed park system. 25% doesn't include the other trail systems within developed lots. The units to the east are shown as single lots in the proposal but will be quad villas and will be individually owned by residents. Development will have 2 different distinct products; a more shared function, modeled off other successful projects done in Utah and single family detached style. Northside Crossing 2 showed utility extensions that went almost back up to Hiline. This project shows connection to those as backbone infrastructure. It isn't fully installed but has been started. Project is consistent with the Creative Community zone. They are working on the draft CC&R's. The Irrigation Master Plan is coming soon, they have had issues with their water modeling software but are close to having a master plan in place for whole Northside Crossing area. Budge, asked what the items identified in pink on the plat were. Greer stated that since they are creating more developed parks that will still also contain storm water they needed a dual use park and those pink areas are drainage systems with underground infiltrators that will allow water to drain quickly from park area itself so it doesn't have long standing water. Snow storage will be at the end of the cul-de-sac, on both sides, the intermediate area, and the park to the south can also function for snow storage. Berls noted that she is against using TIF money for signage or lighting improvements. Brief discussion was had about the hammerhead area in regards to emergency vehicles and parking. Greer stated it is a design used frequently and designed to function adequately. They have used this design a lot in Pocatello. More common design they are using now. Stoddard asked about previously mentioned pending land purchases. Lyn Yost stated the agreements are still in place, and they have the option until January 31. They have started the title work. Staff report by Don Matson, Senior Planner. Staff examined the hammerhead design closely. Staff recommends approval. Mendenhall entertained a motion. Stoddard moved to recommend approval of preliminary plat as presented with conditions. Holm seconded. With all commission members understanding the motion they voted. Roll Call Vote: Thais Ayre, Yes; Carrie Holm, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Brandon Jackson, Yes; Jason Mendenhall, Yes. UPCOMING MEETING REMINDER: Special Study Session to Review City Code Amendment Proposals- January 28th at 6 PM Hillam asked Commissions to please attend if possible, they will be doing a major PUD overhaul. 2. Regular Meeting- February 11tH Mendenhall entertained a motion to adjourn; Schwartz made the motion, Smith seconded. All voted to adjourn at 8:52pm. Jason Mendenhall, Chairperson Kami Morrison, Office Administrator CHUBBUCK I D R H 0 City of Chubbuck Land Use and Development Commission Regular Meeting January 28, 2020 6:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard, Rebecca Berls, Thais Ayre, Brady Smith and Brandon Jackson. Staff Members Present: City Attorney Tom Holmes, Senior Planner Don Matson, Community Planning and Economic Development Director Devin Hillam, Planner Paul Andrus, Office Administrator Kami Morrison Mendenhall called the meeting to order at 6:00pm and lead the Commission in the Pledge of Allegiance. GENERAL BUSINESS 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). Don Matson, Senior Planner, presented changes to the PUD ordinance. Matson spoke about incentives, architectural guidelines, standards, procedures and how those changes relate to the City's strategic plan on infill development and orderly growth. Matson also referenced how each of those items relates to the city budget in regards to larger lots, extending utilities to the fringe and maintaining additional lengths of utility lines. The goal is to create a better approach for effective use of resources and more sustainable development pattern. The general proposal for the PUD code is to raise the bar on quality and design and also offer a wider range of options for the developer that also are amenable to residents. Mendenhall and Berls expressed concerns over a one acre minimum requirement and a developer having the ability to potentially put a duplex or triplex on a one acre lot and that it would be automatically permitted. Matson clarified that a PUD is still a public hearing process. Berls requested revisions and more clarity to the land use table relating to the PUD process; sentence describing "non- binding" needs to be more definite. Language doesn't refer to second table. Matson stated revisions are trying to encourage creativity. Berls had an additional concern regarding kennels. Under commercial services they are automatically permitted and allows for three or more dogs. Matson stated a lot of items in the land use table come straight from city code. Andrus commented that there are different kennels Commercial and Hobby and different requirements for each. Matson presented changes to the PUD process which included the option to process multiple items together such as the zone application, PUD approval and master development plan, or a preliminary plat at the same time as PUD approval. Mendenhall suggested to have the applicant break up those items in presentations to the Commission to help with clarity when taking action. Applicants should only present information that pertains to the specific action. Under architectural changes Berls requested to specify parking at 20 feet deep from the inside of sidewalk. Smith commented that the PUD is very similar to the creative community zoning and that there isn't much of a contrast. Goal is to create higher density with more options. Devin Hillam, Community Planning and Economic Development Director, presented the Administration chapter changes. The Commission has two conditional use permits at the next meeting so will have a more in depth study session after those are presented. Hillam presented multiple code deficiencies in: variances, public hearings, deadlines for submittal, CUP approval criteria and conditions, process for reconsideration, amendments or appeals, and rezone options to approve all or deny. Hillam then discussed the major CUP changes and variance changes. Berls requested under the variance code, to incorporate more wording from Idaho Code for exceptions of standards because it has more definite wording. Comprehensive plan amendments were presented and the Commission had a brief discussion regarding frequency of amendments. Hillam stated for the ability to track changes, twice a year is ideal and does the public a greater service. Under comp plan amendment criteria Berls requested to include general language about "community's best interest" instead of welfare. Under land use ordinances, Hillam proposed one public hearing for land use followed by a business item on the Council agenda instead of two public hearings. Commissioners discussed pros and cons of one public hearing or two. Comments made were: • Berls agrees with 2 public hearings. Cell phone tower, land use ruled one way, Council ruled the other. Council should be able to hold public hearing. Hillam stated that was a CUP and the appeals process would still be in place and they would still have that option. Applicants can appeal a LUDC decision to Council. • Mendenhall commented that applicants could request a public hearing where one has not been held. Council wouldn't necessarily have to act. • There is an education component. All testimony comes to City Council anyway. Devalues the planning and zoning angle to have two hearings. • Council always has the option to hold one. Applicants can still request a reconsideration and get in front of elected officials if they don't like a decision. Really speeds up the process. Hillam stated that one hearing is becoming the standard as cities have been changing codes. Hillam suggested adding language to include, if 20 or more people petition a hearing it can trigger a second public hearing to Council. The Commissioners agreed with that suggestion. Request for petition has to meet certain criteria and justification. Rezones were proposed to be done by development agreements. The Commission could narrow down use of specific areas and the agreement makes it clear that is the ONLY allowed use. Berls requested to add that the agreement needs to be recorded. Mendenhall asked if there is a process in place for a new property owner to have the development agreement changed. Hillam stated it would then just go through a new rezone process. Annexation and zoning changes were presented. Commissioners discussed city services being provided prior to annexation. Hillam stated he is currently working with the county on the area of impact and will require local improvement districts be willing to bear the burden to improve properties to city standards before annexation. Although it will allow for some instances of flexibility. Definitions will be covered in the next study session. Hillam asked the Commission to send any comments on the two ordinances presented to staff. The goal is to have the PUD and admin chapter scheduled for public hearings in March. Mendenhall entertained a motion to adjourn; Jackson made the motion, Berls seconded. All voted to adjourn at 7:35 pm. Jason Mendenhall, Chairperson Kami Morrison, Office Administrator lao"�t\ CHUBBUCK 1 0 A H 0 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 FUTURE CHUBBUCK CITY HALL CONDITIONAL USE PERMIT - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON FEBRUARY 11, 2020 STAFF FINDINGS SUMMARIZED After reviewing the proposal against criteria established in Chubbuck municipal code section 18.28.040 and 18.28.050, Staff finds that the proposal appears to meet the code requirements for approval FACTS REQUEST: An application for Conditional Use Permit for a Government Facility use- administrative building- in a C-2 General Commercial Zone. Application will be reviewed against criteria and standards found in section 18.28.040C of municipal code. Type of Action: Decision BACKGROUND: Government Facilities are conditionally permitted in all land use districts within the City. The property where the City Hall facility will be built is zoned C-2 General Commercial. This site was formerly zoned Industrial and was previously owned by a petroleum company; prior to the City's purchase, it was purchased by ICCU and environmental tests were done on the site to ensure that it didn't contain environmental hazards. TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). The Commission's decision on this review shall be whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. The Commission may approve the permit with or without conditions, may table a decision, or may deny the application. OWNER: City of Chubbuck 5160 Yellowstone Ave. Chubbuck, ID 83201 APPLICANT: City of Chubbuck 5160 Yellowstone Ave. Chubbuck, ID 83201 LOCATION: The subject property is approx. 1.54 acres consisting of portions of Lot 12 of Bonniebrae Acres Townsite located in the NW 1/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Bannock County. Generally located at 4599 Burley Drive, Chubbuck, ID, 83202. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: C-2 CURRENT LAND USE: None PROJECT SIZE: ±1.53 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: One large steel structure (to be removed) RECENT TRAFFIC COUNTS: No close count locations. Chubbuck Road (east of Burley Dr) 2016: 12,423/day 2017: 12,765/day 2018: 13,718/day SURROUNDING LAND USES AND ZONING NORTH: Commercial; C-2 zone EAST: Commercial and Light Industrial; C-2 zone SOUTH: Commercial and Single-family residential; R-2 and C-2 (Comp Plan designates all residentially - zoned properties as having a future employment/commercial use) WEST: Single-family residential; R-2 (Comp Plan designates all residentially -zoned properties as having a future employment/commercial use) SERVICES: ACCESS STREET: Current access from E Linden Ave and Burley Drive. FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1. In accordance with City Code 18.28, a complete petition was filed with the City and which contained the appropriate documents. 2. In accordance with City Code 18.28, the application is scheduled to be heard at the February 11, 2020 Regular Meeting of the Land Use and Development Commission. 3. In accordance with City Code 18.28, notice were provided as follows: a. Notice was posted on the subject property. b. Notice was published in the Idaho State Journal. c. Notices were provided to City departments, other government agencies, and affected public utility providers. d. Notices were provided to property owners of record and tenants within 300' radius of subject property. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §67-6512, Special Use Permits, Conditions, and Procedures 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code a. Title 18, Land Use PUBLIC COMMENTS: 1. No written comments were received as of this report. 2 STANDARDS FOR REVIEWING A CONDITIONAL USE PERMIT The Criteria and Standards for a conditional use permit are found in section 18.28.040.0 of Chubbuck City Code. Staff has addressed the criteria in the Conditional Use Permit Questionnaire found in the application portion of this report. EXAMPLE MOTIONS APPROVAL (WITH CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code section 18.28.040C and 18.28.050, and having found that those criteria for approving a conditional use permit are satisfied, I move to approve the permit subject to the following conditions: 1. (if found necessary by LUDC). APPROVAL (WITHOUT CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code section 18.28.040C and 18.28.050, and having found that those criteria for approving a conditional use permit are satisfied, I move to approve the permit subject. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code section 18.28.040C and 18.28.050, and having found that those criteria for approving a conditional use permit are not satisfied, I move to deny the permit subject I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. SPECIAL CONSIDERATIONS FROM IDAHO CODE: • I.C. 67-6512: Denial of a special use permit or approval of a special use permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with requirements established thereby. REPORT: Devin Hillam, Director Staff comments in this report are based solely dhillam@cityofchubbuck.us upon evidence available at the time of the (208) 237-2430 report. Additional information may be brought to light at or before the hearing. DATE: February 4, 2020 EXHIBITS 1. Application Materials 2. Reference Map 3. Maps a. Future Land Use b. Current Zoning 4. Evidence of Notice (on file with staff) ________________ ______ Exhibit 1: Application Materials__ City of Chubbuck : Land Use Application '------------------------- CONDITIONAL USE PERMIT ❑ CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION & ZONING ❑ COMPREHENSIVE PLAN CHANGE For the Land Use Meeting of : 2/11/2020 City Official: CHUBBUCK 1 0 R H 0 Date: m / m / m Application Deadline: m / m / m Name of Applicant: City of Chubbuck Mailing Address: PO Box 5604, Chubbuck, ID 83202 2:00PM!!! Phone: 208-237-2430 Email address: dhillam(a_cityofchubbuck.us 2. Filing fee of $ plus $ for: Total: $ ❑ ($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants. ❑ ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. Paid to the City Clerk on: , 20 Initials Receipt # 3. Project location: 4699 Burley Drive; corner of Burley Drive and Linden 4. Existing Land Use District: C-2 General Commercial 5. Describe Proposal: New City Hall buildinq with plaza and park. 6. The approval of this exception does not sanction the violation of any ordinance. 7, I attest to the truth and exactness of all information supplied on this application. I will develop or use the subject property as set forth herein. m/ m / m Signature of Applicant Date PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: ❑ Earnest Money Agreement - or - ❑ Warranty Deed Copy ❑ 18 X 24 Drawings (as listed below) ❑ 8 1/2 X 11 Drawings (as listed below) ❑ Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible. ❑ Please attach a legal description of the property. ❑ Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.) ❑ Business License Application ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: The intent of these standards is to produce drawings when required or necessary for illustration of good clarity, accuracy and completeness for use by the City Land Use & Development Commission and the City Council. Size: 1-18" x 24" minimum 1-81/2" x 11" reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 1/4" = P- 0" minimum Revised: 5-9-2019, PBA Conditional Use Permit Questionnaire Applicant: City of Chubbuck Address: 4699 Burley Dr City: Chubbuck State: ID Zip: 83202 CHUBBUCK r-------------------------- Exhibit 1: Application Materials '------------------------- 1. Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety or welfare. Investment in the site should spur economic redevelopment of some of the surrounding properties in the neighborhood, an area which contains existing city utilities, services, and roads. Additional roads in the neighborhood, designed to contain passive traffic calming devices, will increase walk and bikeability in their neighborhood and increased use on the north end of the neighborhood from city employees and the public will helping to keep the neighborhood safe. 2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks or the natural environment? The new City Hall will enhance the neighborhood with a significant investment on the site, will create excellent public spaces, including parks and plaza areas. The City Hall project will increase connecting roadways in the area which will create a more walkable neighborhood than currently exists. 3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the application is sought? Sufficient streets exist adjacent to the site to serve the City Hall project, with Burley Drive being a classified Collector Street with excess capacity to serve the City Hall project and additional traffic as the downtown area redevelops. Hours of operation for City Hall should remain largely as weekday -use with the occasional night and evening event such as public hearings. 4. What account has been taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land? How is the proposed development compatible? The effects on surrounding properties should be minimal since surrounding uses already contain a mix of residential, commercial/professional, and industrial uses. The proposal will create excellent outdoor public space for existing and future residents and employees who work in the neighborhood, as well as serve as a great central space for civic uses in the broader Chubbuck area. 1 of 3 Revised 1-25-2017 PBA Conditional Use Permit Questionnaire - ------------------------- - Exhibit 1: Application Materials '--------------------------- 5. Explain how the permit, if granted, will not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape or natural scenery of said land? In order to create a civic center with excellent public parks and plazas, streetscopes, and building layouts, the Chubbuck Development Authority and the City of Chubbuck have purchased a significant portion of land on the specific site and in the vicinity. A civic use on the site should have a lesser impact than uses which could otherwise be permitted on the site under its current C-2 zoning and would absolutely have a lesser impact on surrounding properties that its previous Industrial zoning classification. 6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands? As a kick-off project for the downtown area project, upmost thought has been given to the City Hall pad and in considerations for site development around City Hall. The City Hall building has been designed by a professional architect with site development engineering done by a separate firm. Landscape architects have been employed to assist with park and plaza plans in coordination with the City's Community Planning & Economic Development staff. 7. Address how adverse impacts on other developments within the City have been minimized as much as possible. Staff does not anticipate adverse impacts on other developments in the vicinity or within the City and in fact, believes that the net effect of locating the City Hall on the site will be positive for other developments in the City of Chubbuck, especially in conjunction with downtown planning efforts. 8. Describe the sequence and timing of the proposed development. A building permit application is anticipated to be filed in March with construction being approximately 78 months. Construction will occur under the City's construction site standards for hours of operation, dust and erosion controls, noise, etc. 9. How will the development be properly maintained? The development will be maintained by City Staff. Staff is dedicated to keeping the grounds, building, and streetscope beautiful. 2 of 3 Revised 1-25-2017 PBA Conditional Use Permit Questionnaire --------------------------- Exhibit 1: Application Materials '--------------------------- 10 Designate the exact location and nature of the development. The location is shown in the drawings submitted with the application. The City Hall building will house administrative personnel of the City from the Clerk's Office, Public Works Office (Building, Planning, Economic Development, Engineering), Human Resources, City Attorney's Office, and the Mayor's Office. As previously indicated, there will be limited weekend and evening use of the property with hearings, events, elections, etc. 11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water, sewer, other.) The location is shown in the drawings submitted with the application. The City Hall building will house administrative personnel of the City from the Clerk's Office, Public Works Office (Building, Planning, Economic Development, Engineering), Human Resources, City Attorney's Office, and the Mayor's Office. As previously indicated, there will be limited weekend and evening use of the property with hearings, events, elections, etc. 12. List which, if any, studies of social, economic, or environmental effect have been required of this application. (Examples: Traffic Study, Water or Sewer Capacity Study, Storm -Water Drainage, etc.) No studies should be necessary as existing streets in the area are classed and built to handle the site's traffic and since stormwater retention is being designed to keep runoff on-site and sufficient water and sewer capacity exists for the use. 3 of 3 Revised 1-25-2017 PBA i :--------------------------- Exhibit 1: Application Materials + 1 d d 1 � W I I III 1 I • I f IIF I f I LfUMN iVEMK = 1- - - - - - - - - - - - - - - - - - - - - - - - - - - -Exhibit 1: Application Materials : -------------------------- r Fk Or Fs �"�� �"y� �� � ! . }'tiy� E� f' •� ��� � ��1.'�cy � !+ f `'�'� � irk.--�'�; �.;-Maw aw Ok W --------------------------- ,Exhibit 1: Application Materials '------------------------- Raq EL2✓ATOH1 E6E�D 3 !a'3lJTFi tLt�IATF3Fi "A! -db.- 7 rcyr CLLYAThvK Amm ` ' 1- - - - - - - - - - - - - - - - - - - - - - - - - - - -Exhibit 1: Application Materials --------------------------- Miay&s Vvaldng Mbhj Lobby View 2 Nkfturpuse Vlaw Lobby View ::401111;� I, -40 Chambers View Ralmny View, vem 1— — — — — — — — — — — — — — — — — — — — — — — — — — — :Exhibit 1: Application Materials -------------------------- EA15T F—EeAT10N was - _Am_ I NOW CLLYATkZN AQ= .. . I • Application -------------------------- IF mFUr` i� r i• I '3k ■rr .. rL'��� �■ -- -- Sri IF��F will�' 0 ILO MENEM ii WE ; ■rPrr■1i■ r r r r �I rrrrrrr■ i fes* 11 �• • oo AP 4 1`11 Cl. c OI CG — — — — — — — — — — — — — — — — — — — — — — — — — IExhibit 1: Application— Materials— '------------------------- r- � Il— a SECOW LEVEL FIRE AU FM PLm 9 D D D I jJ{ il� i■' ISI�IY� . SECOW LEVEL FIRE AU FM PLm 9 D D D I Exhibit 2: Reference Map Exhibit 3a: Comprehensive Plan Future Land Use Map Exhibit 3b: Current Zoning F 7 CHUBBUCK 1 0 A H 0 Community Planning & Economic Development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PARRISH CONTAINER STORAGE CONDITIONAL USE APPLICATION FOR A CONDITIONAL USE PERMIT- STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION MEETING ON FEBUARY 11, 2020 STAFF FINDINGS SUMMARIZED • Self -Storage Facility is Conditionally Permitted in a C-2 General Commercial Zone. • The applicant has met the City Code requirements to be heard for a Conditional Use Permit. • After reviewing the application against public comment and the criteria and standards of section 18.28.040 and 18.28.050 of municipal code, the Commission shall make a decision to approve with conditions, approve without conditions, deny, or table the decision. • Based on the evidence available at the time of this report, Staff finds that the applicant has most likely met the requirements for approval of the conditional use permit. FACTS REQUEST: An application for Conditional Use Permit for self-service container storage yard in a C-2 General Commercial Zone. BACKGROUND: The subject property is approx. 2.45 acres consisting of parcels RPRCCPCO11200 and RPRCCDF000200, Generally located at 4964 Yellowstone, Chubbuck, ID. Property is presently unused and is weeds with some accumulation of junk and debris. TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). The Commission may approve with or without conditions, may table a decision, or may recommend denial of the application. OWNER: Becky Parrish Robinson APPLICANT: Becky Parrish Robinson 229 Parrish Ln. 229 Parrish Ln. Chubbuck, ID 83202 Chubbuck, ID 83202 LOCATION: 100 block Ward Dr. North side of the street East portion of parcel at 4964 Yellowstone Ave. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: C-2 General Commercial EXISTING STRUCTURES: open lot some vehicles PROJECT SIZE: Approx. 2.45 acres VIEWS: Visible from the street on 3 sides TOPOGRAPHY: Generally flat SURROUNDING LAND USES AND ZONING: NORTH: C-2 General Commercial EAST: C-2 General Commercial SOUTH: C-2 General Commercial WEST: C-2 General Commercial TRAFFIC COUNTS: The traffic counts available from BTPO: Yellowstone between Briscoe and Siphon 2014 - 9,361 Yellowstone between Abraham and Siphon 2014 - 7,978, 2016 — 8,741 Yellowstone between Adams and Parklawn 2015 - 10,909, 2019 — 11,953 Chubbuck Rd. between Yellowstone and Valenty 2015 — 12,834 Chubbuck Rd. between Burley and Branson 2013 — 11,468, 2014 — 11,346, 2015 — 11,978, 2016 — 12,423, 2017 — 12,765, 2018 — 13,718 SERVICES: ACCESS STREET: Access to the subject property will be from Ward Dr.. FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: None needed CULINARY WATER SERVICE: None needed PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2019-07, a complete petition and fees for a Conditional Use Permit were filed with the City at least 29 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the February 11, 2020 Regular Meeting of the Land Use Commission at a public hearing 3. In accordance with City Code 18.28.020, notice of the public hearing shall be provided as follows: a. Publication in the Idaho State Journal at least 15 days prior to the hearing; b. Notice posted at the exterior of the property c. Mailing to those within a 300 ft. radius of the property d. Notices posted prominently at the City office at least 10 days prior to the hearing. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O 4. The hearing will be conducted in accordance with procedures established by City Code 18.28.020. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §67-6512, Special use permits, conditions and procedures 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code a. Title 18, Land Use, Chapter 28, Section 40- Conditional Use Permits POLITICAL SUBDIVISION/AGENCY COMMENTS: 1. No other comments received at the time of this report. PUBLIC COMMENTS: 1. No written comments were received as of this report. STANDARDS FOR REVIEWING A CONDITIONAL USE PERMIT The following code regarding CUPs should be used in evaluating and weighing the application: 18.28.040 C. Criteria and Standards: C. Criteria And Standards: The following criteria and standards shall be applied in determining whether to grant or deny any application under the terms of this title for a conditional use permit, and in considering and defining the conditions (if any) to be imposed upon a conditional use permit granted hereunder: The use for which such permit is sought must not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. Staff Analysis: Staff finds that as presented there is likely no evidence that the use for which the permit is sought would be injurious to the neighborhood nor public health, safety or welfare. The applicant indicates that they will be 2. The permit sought shall not produce an adverse impact on the economic values of adjacent properties. Staff Analysis: Staff is not aware of any negative economic impact to adjacent properties caused by the proposed use. A use of the property will be an improvement and applicant expects to monitor the lot for maintenance. 3. The permit sought shall not produce a negative impact on transportation facilities, public utilities, schools, public parks or the natural environment any greater than had the strict terms of this title been satisfied. Staff Analysis: The evidence suggests that the negative impact on transportation facilities, public utilities, schools, public parks or the natural environment would be no greater than if the strict terms were satisfied. 4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the permit is sought. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A H 0 Staff Analysis: Staff finds that the evidence would suggest that use will have little impact on noise and traffic. 5. Account shall be taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land; and the permit, if granted, shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of said land. Staff Analysis: The property would be cleaned up thus limiting the hardship on surrounding property owners. 6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. Staff Analysis: Staff finds no evidence to suggest aesthetic change in the property other to improve the site as proposed. 7. Account shall be taken of the support or opposition expressed by persons entitled to receive notice of the conditional use permit application. Staff Analysis: No Comment has been received by staff on this project as of this writing. 8. The applicant shall show that he has taken all reasonable steps to comply with the strict terms of this title. If the applicant can show that the uses "allowed" under this title are not feasible, such showing shall support an application for a conditional use permit. Staff Analysis: Self serve storage facilities are conditionally permitted in a C-2 General commercial zone. 9. Adverse impact on other development within the city shall be minimized as far as possible. Staff Analysis: Staff finds that there is likely no evidence of impact on other development in the city. 10. The sequence and timing of any development conditionally permitted hereunder may be controlled as appropriate. Staff Analysis: Staff finds there is likely no need to control the sequence and timing of the project. 11. The duration of any development conditionally permitted hereunder may be controlled. Staff Analysis: Staff finds that since this is an existing parcel with no hard improvements there would be no reason to control the duration of the development. 12. Any permit granted hereunder may contain provisions for assuring that the development is maintained properly. Staff Analysis: The applicant has committed to maintaining the property to make it appealing to the customers. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O 13. Any permit granted hereunder may designate the exact location and nature of the permitted development. Staff Analysis: The applicant will be using the East portion of the property for this use. 14. Any permit granted hereunder may require the provisions for on site or off site public facilities or service. Staff Analysis: Staff does not find that any public facilities or service are likely needed. 15. Any permit granted hereunder may require more restrictive standards than those otherwise required by this title. Staff Analysis: The Commission should evaluate criteria and public comment to determine if more restrictive standards are needed. 16. Notwithstanding the time deadlines established elsewhere in this title for processing applications, the city council may, if it deems such action necessary, require studies of the social, economic, fiscal and environmental effects of the proposed conditional use prior to the granting or denying of the application therefor, and the applicable time deadline shall be extended accordingly. (Ord. 320 § 1, 1989: Ord. 246 § 2, 1983: Ord. 241 § 7-4, 1983) Staff Analysis: Staff does not find likely cause for additional studies to be required. 18.28.050: CONSISTENCY WITH COMPREHENSIVE PLAN: No variance shall be granted, nor any conditional use permit issued, nor any revision to this title adopted, unless such action is consistent with the city's comprehensive plan. EXAMPLE MOTIONS APPROVAL (WITH CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve the Conditional Use Permit as described in the application materials with the following conditions: 1 . ................ (if found necessary by LUDC). APPROVAL (WITHOUT CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve the Conditional Use Permit as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are not satisfied, I move to PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 10ANO deny the Conditional Use Permit request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET] REPORT BY: Paul Andrus pandrus@cityofchubbuck.us (208) 237-2430 ext. 109 EXHIBITS: 1. Application for Conditional Use 2. Conditional Use Questionnaire Maps a. Vicinity/ Site b. Zoning REPORT DATED: February 4, 2020 *Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. 4. Evidence of Notices (on file w/ staff) PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 A�4 707�c\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1oneo Email address: P.(su. eAU. 2. Filing fee of $ O' plus $ t Z&' for: Total: $ 4P C) []'($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants. ❑ ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. Paid to the City Clerk on: ).S , 20.26 Initials _ Receipt # )11.6144,J6 3, Project location: -r ow;n4 (-5T- Lc- '50 Orr-t4.A)CJ -ren 4 • Existing Land Use District: 5, Describe Proposal: l4-r1zW_ arrro ck*Ag_ Jvoy, , F)Lb LIS - LKr 'S M 6A';TFP-0 0QVZ-- l,tikl QV_ -W ��e, "J0 Ga�r0�- SAM�c Ate . (ate tat -[1.k e, A R,A� . 0(,srly 4�nrt►4t O 45' LS pig �Enrr 6. The approval of this exception does not sanction the violation of any ordinance. 7. I attest to the truth and exactness of all information supplied on this application. I will develop use the subject pro�p�ertty' as set forth herein. Signature of Applicant Date PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: ❑ Earnest Money Agreement - or - ❑X Warranty Deed Copy ❑ 18 X 24 Drawings (as listed below) ❑ 8 1/2 X 11 Drawings (as listed below) 0 Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible. © Please attach a legal description of the property. © Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 ❑ Business License Application C — Nocf-s) ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: The intent of these standards is to produce drawings when required or necessary for illustration of good clarity, accuracy and completeness for use by the City Land Use & Development Commission and the City Council. Size: 1-18" x 24" minimum 1-81/2" x 11" reduction of 18" x 24" drawing City of Chubbuck Land Use Application CHUBBUI CONDITIONAL USE PERMIT I D 41 H 0 CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION & ZONING ❑ El/ COMPREHENSIVE PLAN CHANGE CC l Date: City Official: �i �, . ❑ / � PF For the Land Use Meeting of : C / i / (} Application Deadline: i' / / ; / u 2:00 PM l Name of Applicant: 'P42,et5�+ V-0 g ('J So►.l Phone: Mailing Address: 22vt 6�tst- (A"*- C�ltvg Email address: P.(su. eAU. 2. Filing fee of $ O' plus $ t Z&' for: Total: $ 4P C) []'($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants. ❑ ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. Paid to the City Clerk on: ).S , 20.26 Initials _ Receipt # )11.6144,J6 3, Project location: -r ow;n4 (-5T- Lc- '50 Orr-t4.A)CJ -ren 4 • Existing Land Use District: 5, Describe Proposal: l4-r1zW_ arrro ck*Ag_ Jvoy, , F)Lb LIS - LKr 'S M 6A';TFP-0 0QVZ-- l,tikl QV_ -W ��e, "J0 Ga�r0�- SAM�c Ate . (ate tat -[1.k e, A R,A� . 0(,srly 4�nrt►4t O 45' LS pig �Enrr 6. The approval of this exception does not sanction the violation of any ordinance. 7. I attest to the truth and exactness of all information supplied on this application. I will develop use the subject pro�p�ertty' as set forth herein. Signature of Applicant Date PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: ❑ Earnest Money Agreement - or - ❑X Warranty Deed Copy ❑ 18 X 24 Drawings (as listed below) ❑ 8 1/2 X 11 Drawings (as listed below) 0 Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible. © Please attach a legal description of the property. © Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 ❑ Business License Application C — Nocf-s) ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: The intent of these standards is to produce drawings when required or necessary for illustration of good clarity, accuracy and completeness for use by the City Land Use & Development Commission and the City Council. Size: 1-18" x 24" minimum 1-81/2" x 11" reduction of 18" x 24" drawing Conditional Use Permit Questionnaire Applicant: ?Xc� PkV�Us4k Address: 22°t P�s�t lrs _. City: CW9"02U' State: Zip: T"5uZ CHUBBUI I a R H a 1. Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safe or welfare. U*.WtO&I WO [� lNGVrr,, l/fII0 waw iz—tp 4b4, A*.Pk JvtA-,w"As, AJo J 2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks or the natural environment? 3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the application is sought? % V-, W -t' &tu cQKD top JT i cl i..g w g A S l bALtC4w i" IN c.9.FA� uJ 'ryr etc. op- K*6E 4. What account has been taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or workinc in such buildings or upon said land? How is the proposed development compatible? OGus `S N SY Conditional Use Permit Questionnaire 5. Explain how the permit, if granted, will not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape or natural scenery of said land? B. What considerations have been given to the aesthetic qualities of the proposed use and surrounding land TVI 69VAr , tsF -rpt£ VAOLn).55 kS `ty U,iA-VE- A- Gam►, fsM(4-- 1L d VAI./ 6V7 WUA!l + DQ,4- S MW 16640'bvI-7 A£�rt rw 7. Address how adverse impacts on other developments within the City have been minimized as much as possible. 00 "r u5E 8. Describe the sequence and timing of the proposed development. 9. How will the development be properly maintained? P-Oaue liw-, 9w- 6rJ , _aahLlkll -c-o -PJSvgr, A UA&OI �-__ Conditional Use Permit Questionnaire 10 Designate the exact location and nature of the development. 40 W l :l�l'a• .� � � l.rr1 � �ii• � i rla � �Y .a � � :.•� 11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water, sewer, other.) + 12. List which, if any, studies of social, economic, or environmental effect have been required of this application. (Examples: Traffic Study, Water or Sewer Capacity Study, Storm -Water Drainage, etc.) I No tiE h c up s rC- I i■■ ilii■ii■■■■+ 3 � ���i :■;l:' ■ ■�� _rte_■_� f �� � :: �■� &- t Ile moo- � Mil. ■ .I■ 1 # ■ � � r �rli■ ai■■� E ■-■- ■ iwt ■wi�f`Yw■�i i t ■ ■ ■-■■■■■� � i■�■psi ■■�■■■�i - 1 1 1`■i■a■i■�i�i`t � ��� e I Zoning map and location Rwd Canted I na Zoning/Unduse Single Fundy RKdeno�l Rt -1 i M Craig W. Parrish P. 0. Box 4321 Pocatello, ID 83205-4321 (208) 234-1202 STATE OF IDA140 County o. Bannock ss. I harehv cartify that the foregoing irlstrttmgnt is a truace aicecorrect copy Of tare original on file in tris if. OCT 2 3 1997 i;1a`ed Larry W. Ghan, Clerk p- GDurt Deputy lark Bis r to Division IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT OF THE S'T'ATE OF IDAHO, IN AND FOR THE COUNTY OF BANNOCK MAGISTRATE DIVISION In the Estate of: ) BART J. PARRISH, 3 Deceased. ) ) CASE NO: 3 9 7- -00 1`7 4- LETTERS OF PERSONAL REPRESENTATIVE THE STATE OF IDAHO: Know all people by these presents: WHEREAS, on this day of OCT 2 3 1997 _ , 1997,. BECKY S. PARRISH was appointed and qualified as Personal Representative of the above named Decedent by this Court, with all authority granted to a Personal Representative by law; NOW THEREFORE, these Letters are issued as evidence of such appointment and qualification and authority of BECKY S. PARRISH. to Flo and perform all acts which may be required by law. 1997. OCT 2 3 1997 WITNESS my signature and seal of this Court this = day of Sixth District Magistrate LETTERS OF PERSONAL REPRESENTATIVE -1 _1 goo . 3 &77 RWAIN AND STILE DED THIS INfXNil ' M§W the qday of October. in the year of or Lord one ttroa cd nine hundred and Ei ft Seven STRATOR OF THE S*LL BUSINESS AIJM WISTRATION, an Agency of the U.S. CovernmEnt, the party of the first part and RW J. b BM S. PitiiilSH, RiMxred b Rife, the parties of the second part, whose address is 729 Parrish Drive, Ott buck, Idahp 90 WITNESSETH That the said party of the first part, for and in rnnsideration of the sun of Ten Dollars ($10.00i and otter valuable consideration. lawful :iawy of the United States of Awica. to it in hand paid by the said parties of the send part. the receipt %hereof is hereby acknowledged. has granted bargained, sold and covey d. and by It:ese presents do grant, bargain, sell and corrAy " the said parties of the second part, and to their heirs and assigns, forever, all ttat certain piece or parcel of land situate, lying and being in the County cf Bannock and State cf Idaho. particularly described as follows, to -wit: Per Attached Exhibit "A". together with all the singular the tenements. hereditaments and appirtenarces themx to belonging or in arWse appertaining, and the revision and reversions, reminder and remainders, r+erlts. issues and profits thereof; and also all the estate, right title interest property, possession, claim and dsrend whatsoever. as well in law as in equity. of the said party of the first part. of. in or to the said prerdses. and every part and parcel thereof. with the appurtenances. TO HAVE A110 TO HJLD. ALL and singular the said premises, together with the appotmarces. unto the said parties of the second part and to their heirs and assigns forever. Inn witness whereof. The said party of the first part has herew ty set its hand and seal the day and PT first above marittenr By: et7n rhes ,Chiff is Mtnagw wt. Division STATE OF IDW ss. COLI TY OF Ada On this r day of October. 1987. before nee, a Notary Public in and for said State, persmally appmred`X6oy L tames, Ivrorn or identified to ne to be the Chef, Portfolio Managenent Division, of the 99U BUSINESS A{! MISTRATTON, An Agency of ttre United Stites of A►rerica. that executed the said instn vmt. and acknowledged to none that Sutton 5ALL SUSIIESS Ail NISMTICN executed the same. WITNESS rry hand and official seal. ry C Residing at -f For earrnission exp nes: eg& x STATE OF IDAHO County of Bannock J I her" Certify that the forgoing is a full, true and Cor E a opy of an instrument as the same now Telr,rons on file and of record in my om,:e, tl NLS ir+y i land nd orticial seal hereto affixe t day of 2 CLF RK OF THE DIS1 ` U�iT, EX l)FFICIO AUDI �,� ECORD, FL } I By Depu. 1 }; P.OTARY SEAL 803877 wo,— - RECiQ�R,D�FScAT �� 11UF.S i Dr eT'l� R-TOTW '4-1 CF V'NH( R V ,-}::'J R1 CUR }LR FCE _AEPUTY PARCEL 1: ALL OF LOT 10, EXCEPT THE`EASTERLY 80 FEET THEREOF; ALL OF LOT 11, BOISE PAYETTE TRACTS, BANNOCK COUNTY, IDAHO, AS THE SAME APPEARS ON THE OFFICIAL PLAT THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF BANNOCK COUNTY, IDAHO. EXCEPT THE WEST 7 FEET OF LOT 11... PARCEL 2: TRACT NUMBER 5 OF CLOVER DELL FARMS, A SUBDIVISION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 E.B.M., AS THE SAME IS PLATTED ON THE OFFICIAL PLAT THEREOF, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF BANNOCK COUNTY, STATE OF IDAHO, EXCEPTING THEREFROM THE WEST 7,FEET OF TRACT 5. w w ALSO, A STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT NUMBER 5 OF CLOVER DELL FARMS, AND RUNNING THENCE DUE NORTH FOR A DISTANCE OF 25 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3,, TOWNSHIP 6 SOUTH, RANGE 34 E.B.M.; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 661.25 FEET; THENCE DUE SOUTH FOR A DISTANCE OF 25 FEET TO THE NORTHEAST CORNER OF TRACT NUMBER 5, CLOVER ..,•., DELL FARMS; THENCE WEST ALONG THE NORTH LINE OF SAID TRACT NUMBER 5, CLOVER DELL FARMS TO THE PLACE OF BEGINNING. ALSO, BEGINNING AT THE SOUTH 1/16 CORNER OF SECTION 3, TOWNSHIP 6 SOUTH, a'pa� RANGE 34 E.B.M., AND RUNNING THENCE SgUTH 89035' EAST, ALONG THE SOUTH 1/16 LINE OF THE SAID SECTION 3, 27 FEET, MORE OR LESS, TO THE EAST RIGHT OF WAY LINE OF THE YELLOWSTONE PARK HIGHWAY; tHENC CONTINUING EAST ALONG SAID SOUTH 1/16 LINE 661.25 FEET; THENCE NORTH 0046' WEST 50 FEET; THENCE NORTH 89035 WEST 661.25 FEET, MORE OR LESS, TO THE EAST RIGHT OF WAY LINE OF THE YELLOWSTONE PARK HIGHWAY, THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE 50 FEET TO THE PLACE OF BEGINNING, SAME BEINGA PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 E.B.M. EXCLUDING, HOWEVER, THE FOLLOWING PARCEL OF LAND HERETOFORE CONVEYED TO CARL C. PACKER AND MARY J. PACKER: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 E.B.M., BANNOCK COUNTY, IDAHO; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 3, 26.5 FEET TO THE EASTERLY RIGHT OF WAY LINE OF YELLOWSTONE HIGHWAY; THENCE NORTH ALONG THE EASTERLY RIGHT OF WAY LINE OF YELLOWSTONE HIGHWAY, 1,147.98 FEET, MORE.OR LESS, TO THE NORTH LINE OF THE BOISE PAYETTE TRACTS; THENCE SOUTH 89036' EAST ALONG THE NORTH LINE OF THE BOISE PAYETTE TRACTS, •369.5 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0036' WEST, 95.0 FEET; THENCE SOUTH 890360 EAST, 150.0 FEET; THENCE SOUTH 0036' EAST 95.0, MORE OR LESS, TO THE NORTH LINE OF BOISE PAYETTE TRACTS; THENCE NORTH -89036' WEST, 150.0 F9ET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. EXCLUDING, HOWEVER, THE FOLLOWING PARCEL OF LAND HERETOFORE CONVEYED TO CARL J. PACKER AND MARY J. PACKER: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 E.B.M., BANNOCK COUNTY, IDAHO; THENCE ALONG THE MERIDIONAL CENTER LINE OF SAID SECTION 3 NORTH 0036' WEST 1147.98 FEET; THENCE SOUTH 89036' EAST 321.4 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0036' WEST 80.0 FEET; THENCE SOUTH 89036' EAST 75.0 FEET; THENCE SOUTH 0036' EAST 80.0 FEET; THENCE NORTH 890361 WEST 75.0 FEET. TO THE TRUE POINT OF BEGINNING; SAME BEING A PORTION OF TRACT 5, CLOVER DELL FARMS. ALSO EXCEPT, BEGINNING AT THE SOUTH QUARTER CORNER OF' SECTION 3, TOWNSHIP E SOUTH, RANGE 34 E.B.M., BANNOCK COUNTY, IDAHO; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 3, 26.5 FEET, TO THE EASTERLY RIGHT OF WAY LINE OF YELLOWSTONE HIGHWAY; THENCE NORTH ALONG THE EASTERLY RIGHT OF WAY LINE OF YELLOWSTONE HIGHWAY, 1,147.98 FEET, MORE OR LESS TO THE NORTH LINE OF BOISE PAYETTE TRACTS) THENCE SOUTH 89036' EAST ALONG THE NORTH LINE OF THE BOISE PAYETTE TRACTS, 284.0 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0036° WEST, 95.0 FEET; THENCE SOUTH 89036' EAST, 85.5 FEET; THENCE SOUTH 0036' EAST, 15.0 FEET; THENCE NOR H 890351 WEST, 75.0 FEET; THENCE SOUTH 0036' EAST, 80.0 FEET; THENCE NORTH 89036' WEST 10.5 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING..., ALSO EXCEPT: BEGINNING AT THE SOUTH 1/16 CORNER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 E.B.M., THENCE SOUTH 89-35' EAST ALONG THE SOUTH 1/16 LINE OF SECTION 3, 27 FEET, MORE OR LESS, TOITHE EASTERLY RIGHT OF WAY LINE OF THE YELLOWSTONE PARK HIGHWAY; THENCE NORTHERLY.ALONG SAID RIGHT OF WAY, 50 FEET TO THE TRUE POINT OF BEGINNING; THNCE SOUTH 89035' EAST PARALLEL TO THE SOUTH 1/16 LINE OF SAID SECTION A DISTANCE OF 250.0 FEET; THENCE SOUTH AT A RIGHT ANGLE 100.0 FEET; THENCE NORtM 89035' WEST PARALLEL TO SOUTH 1/16 LINE OF SAID SECTION 250.0 FEET, M RE OR LESS, T,0 EASTERLY RIGHT OF WAY LINE OF YELLOWSTONE PARK HIGHWAY; T ENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE 200 FEET, MORE OR LESS, TO THE;TRUE.POINT OF BEGINNING... Owner Address City State Zip ANDERSON, KYLE V 3005 SHELLEY PL POCATELLO ID 83201 ANDERSON, ROBERT R 5646 SORREL DRIVE CHUBBUCK ID 83202 BRIGGS, DAVID P 4953 RAINBOW LANE CHUBBUCK ID 83202 BUFFALO HUMP LLC, C/O MACE, SHANE 2970 N GLEN STUART LANE EAGLE ID 83616 CASTILLO, JOSE L 4963 YELLOWSTONE CHUBBUCK ID 83202 CHAVEZ, JUAN M RT 2 BOX 63 POCATELLO ID 83202 CHRISTENSEN, BOYD D 5485 E SUNNYSIDE RD IDAHO FALLS ID 83406 DAVIS, MICHAEL PO BOX 2588 IDAHO FALLS ID 83403-2588 DE VISSER, MARK DAVID PO BOX 5596 POCATELLO ID 83201 EAGLE ROCK, PROPERTY MANAGEMENT LLC 3650 FOUNDERS POINT DR AMMON ID 83406 END ENTERPRISES 5114 HAWTHORNE RD CHUBBUCK ID 83202 GBD LLC 5002 MARY LANE CHUBBUCK ID 83202 GIESBRECHT, ROB 2815 W 2200 S ABERDEEN ID 83210 GRANITE BUSINESS ENTERPRISES PO BOX 3074 POCATELLO ID 83201 IDAHO STATE UNIVERSITY 275 S 5TH AVE, STE 210 POCATELLO ID 83202 INDEPENDENCE ROAD LLC PO BOX 2105 POCATELLO ID 83206 LAKE DISTRIBUTING COMPANY 699 FAIRWAY DR POCATELLO ID 83201 LAURENCE, SCOTT D FAMILY TRUST 2738 WILD HORSE RIDGE POCATELLO ID 83204 LONE ROCK HOLDINGS LLC 4332 S ENTERPRISE DR ST. GEORGE UT S4790 M & K PROPERTIES LLC PO BOX 3853 IDAHO FALLS ID 83403 MERICK HOLDINGS LLC PO BOX 4490 POCATELLO ID 83201 MICHENER, ROGER C/O O'RILEY AUTO PARTS PO BOX 9167 SPRINGFIELD MO 65801 NESTOR, BOB L 4950 VALENTY, STE B CHUBBUCK ID 83202 NEWBOLD, FLOYD E 5003 YELLOWSTONE CHUBBUCK ID 83202 OUTHOUSE INVESTMENTS LLC 1067 RIMROCK CANYON SHELLEY ID 83274 PARRISH COMPANY PO BOX 4321 POCATELLO ID 83205 PITCHER, CHAD A 201 LAUREL LANE CHUBBUCK ID 83202 RASCON, JULIAN RT 2 BOX 81-D POCATELLO ID 83202 SLEDS & HOGS LLC 3314 POLE LINE RD POCATELLO ID 83201 STATE OF IDAHO 3311 WEST STATE ST BOISE ID 83703 TANNER, NYLE IVAN 240 W 350 N BLACKFOOT ID 83221 THILMONT, JAMES ETRUST PO BOX 2681 POCATELLO ID 83206-2631 TRIPLE C & P LLC 2609 LAKEVIEW AMERICAN FALLS ID 83211 CURRENT RESIDENT 130 WARD CHUBBUCK ID 83202 O'RILEY AUTO PARTS 4907 YELLOWSTONE CHUBBUCK ID 83202 ERS EMERGENCY RESPONDER SERVICES INC 4950 VALENTY CHUBBUCK ID 83202 CURVES FOR WOMEN 4925 VALENTY CHUBBUCK ID 83202 JUAN CHAVEZ 135 WARD CHUBBUCK ID 83202 RODRIGUEZ BOXING CLUB 4950 YELLOWSTONE CHUBBUCK ID 83202 ISU CREDIT UNION 4914 YELLOWSTONE CHUBBUCK ID 83202 FLICKER PHYSICALTHERAPY 4922 YELLOWSTONE CHUBBUCK ID 83202 FARMER'S INSURANCE 4922 YELLOWSTONE CHUBBUCK ID 83202 FRIENDS & FAMILY HOME CARE 4922 YELLOWSTONE CHUBBUCK ID 83202 CROSS PHARMACY 4990 VALENTY, STE A CHUBBUCK ID 83202 STEPPING STONES PRESCHOOL 4990 VALENTY, STE B CHUBBUCK ID 83202 PORTNEUF DEVELOPMENT 4990 VALENTY, STE C CHUBBUCK ID 83202 CURRENT RESIDENT 4990 VALENTY, STE D CHUBBUCK ID 83202 CURRENT RESIDENT 4990 VALENTY, STE E CHUBBUCK ID 83202 CURRENT RESIDENT 4990 VALENTY, STE F CHUBBUCK ID 83202 CURRENT RESIDENT 4990 VALENTY, STE G CHUBBUCK ID 83202 CURRENT RESIDENT 4990 VALENTY, STE H CHUBBUCK ID 83202 MISTY RALPHS MUSIC STUDIO 4990 VALENTY, STE I CHUBBUCK ID 83202 GIBSON ENGINEERING 4990 VALENTY, STE J CHUBBUCK ID 83202 CURRENT RESIDENT 130 WARD CHUBBUCK ID 83202 YELLOWSTONE GLASS 5027 YELLOWSTONE CHUBBUCK ID 83202 CURRENT RESIDENT 122 MINGO LANE CHUBBUCK ID 83202 CURRENT RESIDENT 5015 YELLOWSTONE CHUBBUCK ID 83202 FLOYD'S AWARDS 5009 YELLOWSTONE CHUBBUCK ID 83202 CASTILLO'S MEXICAN IMPORTS 5003 YELLOWSTONE CHUBBUCK ID 83202 CASTILLO'S MEXICAN IMPORTS 4963 YELLOWSTONE CHUBBUCK ID 83202 FRED'S AUTO SALES 4951 YELLOWSTONE CHUBBUCK ID 83202 AMERICAN HOME STORE 4955 YELLOWSTONE CHUBBUCK ID 83202 FRED'S AUTO SALES 4937 YELLOWSTONE CHUBBUCK ID 83202 ALLAMERICAN CLEANING AND RESTORATION 4929 YELLOWSTONE CHUBBUCK ID 83202 VACANT 5012 YELLOWSTONE CHUBBUCK ID 83202 MONKEY SHINE CAR WASH 5024 YELLOWSTONE CHUBBUCK ID 83202 CURRENT RESIDENT 5021 YELLOWSTONE CHUBBUCK ID 83202 CURRENT RESIDENT 4968 RAINBOW CHUBBUCK ID 83202 CUSTOM SPEED & MARINE 4953 RAINBOW CHUBBUCK ID 83202 TRACK UTILITIES 230 BLUEGILL CHUBBUCK ID 83202 ADVANCED ISOTOPES OF IDAHO 4968 RAINBOW CHUBBUCK ID 83202 CURRENT RESIDENT 4993 RAINBOW CHUBBUCK ID 83202 CURRENT RESIDENT 5013 RAINBOW CHUBBUCK ID 83202 ARS FLOOD & FIRE CLEANUP 5023 RAINBOW CHUBBUCK ID 83202 CURRENT RESIDENT 103 LAUREL LANE CHUBBUCK ID 83202 OLIVE BRANCH CUSTOM COUNTERTOPS 201 LAUREL LANE CHUBBUCK ID 83202 CURRENT RESIDENT 4978 RAINBOW CHUBBUCK 0 83202 POCATELLO WINDUSTRIAL CO. 5018 RAINBOW CHUBBUCK ID 83202 CURRENT RESIDENT 5028 RAINBOW CHUBBUCK ID 83202 INTERMOUNTAIN GOLF CARS 5038 RAINBOW CHUBBUCK ID 83202 .. '�'� . � - - •- f i � 4 '+ t rr _� � � � l k� � - � ��� 3 � � �f s � � _ — 3 - t �t'C r r ��� � � '� � � � ,{ �F � r 4 r �� �� � � � # ,� �l "��� � � �� — ��� ��i - �' !4 r { � � � ; � � � i i �� , {.f - ■ � �� � } ' � �' _ � � r � .� �� 1 • � �� . t�.:.' ,. �� # --' � � � r - •� � � � � _. � +�, tr } +, ��, _ , � - '� � ' F a * • `� � � # ` �+ �� + _ � �� iY � . � � f� � �� � y�F� r ..� � � � � T � t �• � �� �� Y ' - �' ' � * � �� � • • � + +' .. .� � _ _.� � �� r } � �} �' � •+ y �� _ 7�� � �l � i _ # - • M .* � � ' • r< � � � � ' i � � � � � + � � � J s � i �* r J+.�- r .* - i #� ■ ��� 4 � }� y 4 . � +�'_ t � t �� *+ _.- a ti + .�� � # i .� • �L ��. -� � � � � � �� � � i a � � � � - .� .� _ _ � � _ �` �• - . � �� � �. +. � � Lam* � � '� 4 � � _ _ �} ` k � - � �` i �� r � � ,,� a � - F i 4. � � *''� � � i � � � �� �� � � 1 # - � R � �' 1! a�f _ �F r r Y R �� �� yam`- •+ � � ��+��i�� � �;i � rT��y�t � _`� �` _ � � �M' ��; � �� ; � �� � ; ` � + ''� �� + � � i t � 3 �' _ � �� � � .. a` a` — — r i` — �+ �� _ ri ar _ . � i� �� � rr r � � � . � i � � _ � � � • � - { F � a` � _ � � r i � � a` 2/4/2020 VERSION FOLLOWING LDDC 1sT REVIEW FOR 2/11/2020 STUDY SESSION 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= Decision; A= Appeals; PH= Public Hearing; PM= Public Meeting PWD= Public Works Director; LUDO= Land Use & Development Commission; CC= City Council Procedure Code Cross- reference Description PWD LUDC CC Conditional Use Permit Generally PH -D PM -A Minor Modification D PM -A PM -A Major Modification 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) & Initial Zoning PH -R1 PM -D Annexation PM -D Requests for Reconsideration PM -D Notes: 1 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: Procedure Post on Surrounding Agency/Political Publication in Posted on Notice Site' Property Owner Sub./Utility Official City's Website to Mailingz Notice3 Newspaper and on Notice Media Bulletin' 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 Comprehensive Plan N/A N/A Yes Yes Yes Yes Amendment- Text Title Amendment- Map Yes Yes Yes Yes Yes No Title Amendment- Text N/A N/A Yes Yes Yes No Annexation (Does not include initial zoning action) Follow requirements established in Idaho Code 50-222 depending on category of annexation Initial Zoning Yes Yes Yes Yes Yes No Requests for Reconsideration PM -D Notes 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 2 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 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 the following agencies: Bannock County, City of Pocatello, Pocatello -Chubbuck Auditorium District, Portneuf Library District, School District #25, Pocatello Airport, Fort Hall Irrigation Project, Idaho Fish and Game, Idaho Transportation Department, United States Postal Office, Idaho Public Health District #6, Bannock Transportation Planning Organization, Idaho Power, Cable One, Century Link, Intermountain Gas, and any other entity deemed appropriate by the public works director. Notice of variance application shall only be required to be sent via USPS, or via a method otherwise requested by the entity, to the manager of the Pocatello Airport. 4. Publication in Official Newspaper: At least fifteen (15) days before the hearing, 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. 3 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 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. C. 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 conditional use permit. A conditional use permit is issued to the applicant authorizing applicant to use the property for the use specified in the permit and subject to any conditions imposed upon the use. The public works director may require the submission of special studies related to the social, economic, fiscal, and environmental effects and any aviation hazard as defined in Idaho Code 21-501(2) along with the application. 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 4 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 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 policies of the adopted Comprehensive Plan. c. The proposed use is compatible with other existing and permitted uses in the general vicinity. d. 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. e. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. f. The proposed use, if it complies with all conditions imposed, will 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 5 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; 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, the Land Use and Development Commission may require the submission of special studies related to the social, economic, fiscal, and environmental effects and any aviation hazard as defined in Idaho Code 21-501(2). 8. Variance or Waiver to Development Standards Included in Permit: Pursuant to Idaho Code 67-6512(f), the Land Use and Development Commission may approve, in accordance with notice and approval criteria in Section 18.28.030, a change from required standards located in this Title. The application must specify the changes being requested and address the approval criteria via narrative. When an application contains both requests, only the fee for a conditional use 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 2 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 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 in the proposed setback as long as Code requirements are met; or £ Similar changes as determined by the director; 2. Major: Those items not deemed minor by the public works direction are hereby deemed major and may be approved by the Land Use and Development Commission only after following the notice, fee requirements, and hearing procedures established by this Chapter. E. Regulatory Takings Analysis: Denial of a CUP or approval of a conditional use permit with conditions unacceptable to the landowner may be subject to a 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. 7 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 fled 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: 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: CUPs may be revoked by the public works director at any time if it is determined that any condition of the CUP or any other city code is being violated. Prior to revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke to become compliant. Additionally, prior to revocation, the applicant shall be afforded an opportunity for a hearing before the Council; said hearing must be requested within seven (7) calendar days of receipt of the notice of intent to revoke the conditional use permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing will result in immediate revocation of the approved CUP and may constitute a violation 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 0 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; 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 established by resolution of the Council shall be submitted to the public works director at least thirty (30) 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 until such information is received and the application deemed complete. 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 proposal, particularly with respect to the standards of approval in Section 18.28.030.B5 9 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 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 adjacent/nearby property. f. Granting of the variance is not detrimental to the public health, safety, and welfare. 6. Precedents: The granting of a prior variance or referencing property developed under prior regulations 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. 7. 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. 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. 10 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 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 Land Use and Development Commission in accordance with section 18.28.070. 12. Administrative Variance: The Director may approve the modification of a setback, building height, lot coverage, or building footprint size requirements of this Title by up to ten percent (10%), subject to the following requirements: a. The applicant must provide written consent from all adjoining property owners of record, signified by the owner's signature on a form provided by the Director; b. The consent form shall clearly describe the nature of the proposed variance 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 11 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. 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. Except for map amendments proposed in conjunction with an annexation and initial zoning designation application, application deadlines for amendments to the Comprehensive Plan shall be June 15 and December 15 of every year. 4. 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. 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 until such information is received and the application deemed complete. 5. Amendments Require At Least One (1) Public Hearing: Prior to recommending the adoption, amendment, or repeal 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. 12 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, and is in the community's best interest; 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 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 & Initial Zoning Designation A. Applicability: The purpose of this section is to provide a process for amending the text of the zoning ordinance and/or the zoning district map, or other portions of city code deemed by the City Attorney to fall under the regulatory purview of the Local Land Use Planning Act of the State of Idaho, Chapter 65, Title 67. B. General Requirements and Procedures 1. Initiation of an Amendment a. Amendment Initiated by the City: The City Council, Land Use and Development Commission, Mayor, or Public Works Director, may initiate a request to amend the text of this title or to amend the zoning district map. b. Amendment Initiated by a Property Owner: An owner of private property within the City of Chubbuck or their duly authorized representative, may 13 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. 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 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. 5. 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 proposal, particularly with respect to the standards of approval in Section 18.28.030.135 6. Recommendation: After considering the petition, facts, testimony, and the review criteria found in section 18.28.050.B.8, the Commission shall make a recommendation to the City Council on whether to approve without or with conditions, deny, or modify an amendment request. Following the commission 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. 14 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. Since a public hearing was held on the application by the Commission, a public hearing with Council shall not be required however, affected persons may petition the Council in writing to hold a public hearing. The decision as to whether or not to hold a hearing shall be at the discretion of the Mayor after discussing the petition with the City's legal counsel, the Council President, and the Public Works Director. In those instances where a hearing is held, notice shall be given pursuant to requirements of Idaho Code 67-6511 and the applicant shall be responsible for the costs associated with additional notices. As a requirement for consideration and action, any written petition by an affected person for a hearing shall be submitted to the Public Works Director not less than seven (7) calendar days prior to the Council meeting in which the application will be reviewed in order for the petition to be considered. Any petition not submitted in a timely manner shall be barred from consideration. Petitions shall include the names and addresses of the petitioners and a narrative describing the petitioner's concerns with the application as they specifically pertain to the review criteria as found in subsection 8 of this section and describing how the proposal affects their interests. 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 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: 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; 15 3. The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district; 4. The uses permitted in the proposed zoning district would be adequately served by public facilities and services 5. 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; 6. 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 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 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 16 property without the consent in writing of the current property owner for a period of four (4) years from the date of adoption of said individual property owner's request for a zoning district classification change, per Idaho Code 67-6511(d). E. Regulatory Takings Analysis: An amendment of a zoning ordinance applicable to an owner's lands or approval of conditional rezoning or denial of a request for rezoning may be subject to a regulatory taking analysis provided for by Idaho Code 67-8003, consistent with the requirements established thereby. F. Zoning Development Agreements: 1. Purpose: A zoning development agreement (agreement) is a discretionary 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-l(ZDA), PUD(ZDA), etc.). Designation of property as (ZDA) shall not constitute "spot zoning" nor shall be it 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 executed prior to allowing a particular project to proceed. An 17 agreement may be formulated when approval of the rezone would permit uses within that zone which may not be appropriate to the area, but the subject project presented may have value to the community which could otherwise be allowed through the use of an agreement. 4. Creation and Form: In the event that a zoning development agreement is deemed necessary by the Commission or Council, the developer or owner shall prepare and execute an agreement with the City that shall be reviewed 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, and then recorded with the County Clerk. 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; f. The duration of the agreement; and 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 18.28.060: ANNEXATIONS A. Applicability: This section implements the expressed policy of the State of Idaho that cities of the State should be able to annex lands which are reasonably necessary to assure the orderly development of Idaho's cities in order to allow efficient and economically viable provision of tax -supported and fee -supported municipal services, to enable the orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas, and to equitably allocate the costs of public services in management of development on the urban fringe. The corporate boundary of the 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 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 shall become effective when the Council adopts an ordinance and upon summary publication. D. Annexation or Written Consent 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. In the case of non -City initiated annexations, an 19 annexation application shall be filed and include all information required by the Director and fees as required resolution adopted by the Council, along with any other information required by the same chapter of Idaho Code. All annexation applications shall be accompanied by an application for an initial zoning designation pursuant to the requirements of section 18.28.050; the City Council shall not review an annexation application until it has received an initial zoning designation recommendation from the Commission. F. Annexation Classifications, Notice, and Procedure: In accordance with Idaho Code section 50-222, three (3) annexations classifications have been established based on the size of the area considered for annexation, the property'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. G. Standards for Approving Annexations: a. Standards for Approving an Annexation: Annexation may be approved by the City Council if affirmative written findings of fact are made on 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 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 20 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. 18.28.070: APPEAL OF ADMINISTRATIVE DECISION A. Written appeals of the Public Works Director's decisions as authorized by this Title may be filed by the applicant or any affected person having a bona fide interest in real property as defined 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 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 21 A. Purpose: The purpose of this section is to minimize the number of court appeals, to prevent new information from being presented, and to resolve disputes in accordance with Idaho Code 67-6535 which requires that any applicant or affected person seeking judicial review of a final decision must first seek reconsideration. B. Applicability: Requests for reconsideration of City Council decisions shall apply to all final decisions rendered by the City Council. C. Requests Due Fourteen (14) Days from Final Decision: Written requests identifying specific deficiencies in the decision for which reconsideration is sought must be submitted 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 2/4/2020 VERSION FOLLOWING LDDC IST REVIEW ON 1/28/2020 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: 18.20.040: PROCEDURE FOR APPROVAL OF A PUD: 18.20.050: 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 ND OTHER NON-RESIDENTIAL USES AND DESIGN STANDARDS: D. NON-RESIDENTIAL DESIGN SIGN AND MONUMENT 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. 2. 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. 3. 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. 6. 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: 1. 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. 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 (hereinafter referred to as "MDP"). 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 (hereinafter referred to as "Council") after appropriate public hearing and review by the Land Use and Development Commission (hereinafter referred to as "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 andP1JD Master Development Plan (hereinafter referred to as "MDP") 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 Devel ,v,r ent Plan4MDP), 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, 2. 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 PlanMDP: An application for a PUD zone and a PUD Development PlanMDP 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 Mader Deyelepment Dlai MDP application, as an addendum to the PUD zone application, shall contain the following information: 4 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 n,,yelOr, eRt Pla^MDP. 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. 7. 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. 8. 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. However, consideration and approval of a subdivision shall occur by separate presentation and action. Within sixty (60) days after receipt of the appliEateiRapplication, 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 .develop ,ori+ pla MDP 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 ficial deyel^r,r, ent p!aRMDP 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 CA -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 6. 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 an Applicants may propose a variety of land uses within a PUD for immediate and future development per the Land Uses table in subsection a, and additional uses per subsection d, below. The Land Use and Deyel^v,rv,Commission and E+t-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 LDR MDR--F--HDR MU �� F X Agricultural: —X—F—CF—PF—c 71 Exercise gym, salon, or martial arts instruction Agriculture (except livestock) ������ —X—F—PF—PF—c 71 Agricultural feed and supply store FxTT 7—x—F—xF—PF—p — 71 Livestock I ' I T -CF -CF -C F1 Riding stable or school F x F -C—F —X—F —X—F—XF—CF—c — r Civic services: Arts, entertainment, tourism, recreation: Amusement or recreation center F X T —X—F —X—F—CF—PF—c 71 Exercise gym, salon, or martial arts instruction FX F —X—F —X—F—PF—PF—c Gallery or studio for visual or performing artsT 7r—I ������ Golf course F c F c F c —F—cF—cF—x — Museum or interpretive center F x T 7T —x—F—cF—PF—c — r Civic services: Assembly, place of I v l v l v l v l v l v Cemetery I v l -c-F v l v l v l "� Government facility (excluding critical infrastructure) Fc Fc Fc FcFc C School /College (public or private) F C T -C—F —C—F—CF—CF—c F- Tv studio, radio station I X I F"' F -C F -P F -P Commercial retail: � Automotive parts store F X T —X—F —X—F—CF—PF —P Automotive sales, including parts and service I x I "' F "' I `"F I ' Bakery /baked goods store F x T —x—F —x—F—c T—PF—p — Convenience store, with or without fuel F X F X F—cF—PF—c — Equipment rental and sales yard F xF 7T X F—xF—PF—p — Industrial and agricultural equipment sales and supply P P Fx X Fx FFx K LAND USES COMPREHENSIVE PLAN DESIGNATION FLDR I MDR I HDR MU FC i T E Other /general retail stores and services F _xT _xT _x_F_cF­P C Pet shop and supplies FX F _XT —X—F—CF—P P Production building sales FX _F I "' "' P Recreational vehicle sales, including parts and X service FX FX X FP P 71 Restaurant, including drive-through F x T 7T X F_cFP P 71 Sexually oriented business FX F X F X F—XF—x X 71 Tire shop, including recapping FxT 7_ F X F_x — F _P P 71 Truck and heavy equipment sales F x F 7T X F_xF­P P 71 Yard and garden sales and services, greenhouse I x I 7 x I v l P Commercial services: 1 I Animal care site, commercial kennel F x T 7T _x_F_xF_c P � Automotive body and mechanic services F X F _X_F —X—F—CF—P P i Car wash Fx _F x F _x_F_xF­P P � Cleaning, laundry shop ����� P Hotel FXTF ���� C Kennel, hobby F��c �C _F �C _F _F_ �C �C - P [Motel F I "` I 7T I P Foffice professional (<10,000 square feet) I x r Office professional (>10,000 square feet) T 77 x F_x F_cF­P P 7 [Other commercial services FT�� _- X PF_cF C Photography, portrait studio Fx F x _ X �� P Printing and publishing F x T 7T X F_cF­P P Truck and heavy equipment maintenance and repair Fx Fx X X Fc FP Vehicle Repair �����FE! Health and human services: Barber, beauty shop Fx_�F —X—F—CF—P C Childcare center I `" I `" _C_F­PF­PLL1 LAND USES I COMPREHENSIVE PLAN DESIGNATION 10 FLDR I MDR I HDR MU FC i T E Day spa, mineral bath, sauna F X —1 x F x —F—xF—c C Funeral home I X I -CT I" C Hospital F X T -C—F —C -7c —7c —Fc - CLab, Lab, medical, dental or optical Fx—F x FX F—CF—PF -P � Nu� home I `" -C-F I I X Shelter home C C C C C X Home occupations: FM ajor home occupations P' P' P' P' X 7[Minor home occupations P1 Pi Pi Pi Fx -F- Fx Industrial / manufacturing: Asphalt plant F x T 77-x T—xF X X � Beverage bottling plant F x F F X F —x F -c P Cement or clay products manufacture FxT —x—F X F—x —F X C � Concrete batch plant F x T —x—F X F—xFX C Contractor shop and yard F X F F F —x F —P P Food processing plant F X T —X—F —X -7x —7C —Fc- CFurniture/cabinet Furniture/cabinet shop F X F —X— F —X -7x —7P — P Ice and dry ice manufacturing F X T F F —x F —P P Laboratory research F X F F F —C F —C P Machine shop F X T —X—F —X—F—XF—C P Meatpacking plant F x I x F —X—F—XF—X C � Other manufacturing, heavy F X T —X—F —X—F—XF—X C Other manufacturing, light F x F —x—F —x—F—xF—c P Public utility or rail yard X X -F X X C P i Recycling center F x F x F —x—F—xFC C F�Rendering plant FT���� X Well drilling I " � I " _ v P Wood processing plant F x —1 x F —x—F—xF—c C 10 LAND USES COMPREHENSIVE PLAN DESIGNATION 11 LDR Fm --DR I HDR MU 1_C E Production and site buildings (for other uses allowed): 71 Non-residential, for uses allowed T—P T—P T—P T_PF_PF_P Non-residential, cluster arrangement, for uses—FX allowed Fc Fc FxFxFx Class I or Class II P �P CT-CF-CF-C�Residential, Residential, Class III (outside production buildings cluster arrangements) X X Fx FxFx X Residential, Class III (within production buildings cluster arrangements) X P FP X X Fx _FF Site buildings, for uses allowed I P I P F P T—PF—PF-P Residential dwellings (subject to density restrictions): � Single household dwelling I T -P I v l `" I v X Zero lot line residence, detached Fc F—P T—P _F_cFC X � Duplex (subject to restrictions) I x T -P I I v l v X 71 Twin Homes C F -P - F P C C F_x Threeplex X T -P P C C C Fourplex X F -P P C T_cF C � Townhouse Fx���� C Apartment building FX I _X -F -P T -CF - v C Accessory dwelling Fp2 ���� C Warehouse and storage: � Commercial laundry service F X T _XT _XT_XF_P P i Feed manufacture and storage Fx F x F _x_F_xF_x C Frozen food locker F x T 7T _x_F_xF_P P i Fuel yard F X � X F _X_7X _7X —Fc - CGrain Grain storage F X T _XT _X_7X _7X _7P_ Moving and storage company Fx F_xF_xF_c P F_ Salvage site F x 7T -F- X F—xFX X Sanitary landfill F x -F- X F—xFX X 11 LAND USES COMPREHENSIVE PLAN DESIGNATION I LDR MDR i HDR F MU [—C F E 7FSelf-service storage facility I X X I—C r C F —C F _P Terminal yard, trucking FX X FX_1 X F—CF—P VFXehicle storage site, garage or facility I "' "' " _F _ F _ F Warehousing, wholesaling X X X X C P 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 Deyel pment PlanMDP 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 Deyel.,r,r ent of^MDP 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. 12 i. Deviations shall be listed in full as a part of the planned unit development application. Modifications to other zoning and subdivision standards will be determined by the Land Use and Development Commission and ClitjFCouncil on a case by case basis. ii. Residential setbacks shall not be reduced between sidewalks and garages to less than twenty feet im 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; ii. 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.F 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. 13 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. 6. 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. 7. 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. 1. 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. 2. 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 Qt -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 novel n+ P nMDP. 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. c. 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. 14 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 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 residential 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 Deyel^v,rv,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. 15 D. RESIDENTIAL DENSITY: 1. 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 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 Q-�-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 E+t-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. 16 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. 3. 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 18.20.030.8. 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. 2. 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 18.20.060.13 and 18.20.060.0 of this chapter. 17 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 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: i. 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. 2. 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. W 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. 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 yew yard 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%). 19 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%). 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. 20 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. 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: i. 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. 21 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. 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. c. 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. 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 22 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. 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 23 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. 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. 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. 24 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 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. 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. 25 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. Billboards are prohibited throughout the City. 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 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 PVDs in Code: 18.06: [definitions] PLANNED UNIT DEVELOPMENT (PUD): A development of one or more land uses and several structures embracing 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 encourage innovation and special features in development by embracing and promoting: development patterns in harmony with community objectives, a maximum choice of living environments, a more useful pattern of open space and recreation areas, enhanced design standards and architectural features, conservation of energy and efficient design, and development patterns which preserves and -employ the natural setting of the site. 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. 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 an integrated and harmonious scheme, developed under unified control. 26 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 City of Chubbuck comprehensive plan. The 6ty-ECouncil, 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. 27 WA10- I - - w Ow ■ ww I - - w � � ° / r.�r`.i .��=.. ~�� ,, I bomb a APMW **MOW"" 4"" IN= I Planned Unit Developments and City-wide Strategic Goals Updates to City Code Title 18.20: PUDs February 1 I , 2020 L CHUBBUCK IDAHO Proposed PUD Ordinance Proposed PVD 18.20 • 10. Purpose and Intent • 20. Relation to other regulations • 30.A Eligibility • 30.13 Minimum Area 1, 3, or none • 30.0 Single control, transferrable • 30.D Any location ok • 40 Procedure — zone change process and MDP approval Current Code 18.20 • Intent new -City plan/goals • Carried over from current code • New section • 2 residential, I mixed, 2 non -res • Required single control • Any location ok • Zone change, then preliminary and final development plans, � (subdivision process) LnunnuLn e Compare — PUD to Creative Communit Proposed PVD 18.20 • 10. Purpose and Intent • 20. Relation to other regulations • 30.A Eligibility • 30.13 Minimum Area 1, 3, or none • 30.0 Ownership same as LU • 30.D Any location ok • 40 Procedure — zone change process and MDP approval Creative Community 18.21 • Covers the same points • Same • Not included • 5 acres • Required in application materials • Same • Basic procedure similar —zone change process and MDP approval 3 LnunnuLn 10AHa Proposed PUD Ordinance Proposed PUD 18.20 • 40.D MDP application repeats a few zoning and subdivision requirements • 40.D Design guidelines • 50 Procedures for major and minor amendments '" " ' ' uses based on Comp Cts (and related zones), ID can be other uses Current Code 18.20 • Allows subdivision application to use the same information as produced for MDP • Unclear discussion for incentive • No minor amendment process, LUDCICouncil review changes • Land uses based on prior zoning district, part of PUD can be other uses CHUBBUCK IaAH0 Compare — PUD to Creative Communi Proposed PUD 18.20 • 40.D MDP application repeats a few zoning and subdivision requirements • 40.D Design guidelines • 50 Procedures for major and minor amendments 60.A Land uses based on Comp Plan districts (and related zones), part of PUD can be other uses Creative Community 18.21 • MDP includes land use areas (town, village, etc.) and density instead of uses • Full design manual • Leeway designed in land use areas, LUDCICouncil review changes • Clean slate for land uses, any can be proposed; code chapter creates new land use table 5 L CHUBBUCK 1 0 R H 0 Proposed PUD Ordinance Proposed PVD 18.20 Current Code 18.20 60.A Zoning standards for height, • Standards for height, setback, lot setback, dimensions, parking with dimensions based on prior zone; incentives for modification no incentives offered • 60.A Street and sidewalk standards may be modified • 60.A Maintain buffer/transition to 4 neighboring properties • 60.13 Require 10% usable non - remnant open space, internal accessome trail connections I �.Y llk� • Street widths, setbacks can be adjusted, other waivers possible • Setbacks maintained from industrial uses, no extra buffer • Requires 10% open space; where possible each property should abut open space 6 CHUBBUCK ionxo Compare — PUD to Creative Communi Proposed PUD 18.20 Creative Community 18.21 • 60.A Zoning standards for height, • MDP and Design Book specify setback, dimensions, parking with height (stories v. feet), parking incentives for modification modifications, and lot dimensions • 60.A Street and sidewalk standards may be modified • 60.A Maintain buffer/transition to neighboring properties • 60.13 Requires 15% open space, internal access, some trail connec ons • Same • Same • Requires "significant usable" and connected open space, �� pathways, and trails CHUBBUCK IDNHU Proposed PUD Perimeter Transition Proposed PUD 18.20 • 60.A.3 Table 4 • Perimeter buildings/site • Adjacent to residential • No more than 50% taller Comprehensive Plan Land Use LDR MDR HDR MU C E Maximum Height 35' 35' 45' 45' 70' 70' Minimum Setback from R-1, R-2, R -2P 10 10 20 20 30 30 Zoning or Single f=amily Homes Minimum Setback from R-3, R-4, and 10 10 10 10 70 10 Non -Residential Zoning • No more than 50% dense • Similar roof style/line (pitched - pitched) • Industrial on perimeter require dense landscaped buffer In • Incentives (except heavy industry) • No external storage/operations • Architectural treatments on all visible sides, esp. residential • Conditional uses may or may not get incentive • HDRIMU — 15' setback /61Z�ec\ • CIE — 20' setback CHUBBUCK IaAHB Proposed PUD Ordinance Proposed PUD 18.20 Current Code 18.20 • 60.0 Two amenities required to • Requires 2 amenities; recreation be commensurate with planned areas), neighborhood park, trail residents (8-10% use at any time) system, or other as proposed • 60.DIE Residential density limit based on Comp Plan district, incentives for increases and infill "� • 60.F Non-residential amenities and incentives for height, setback, karking; some design -'requirements • Complicated density formula based on lot sizes and former zoning district; infill incentives • Non-residential areas to be landscaped and kept tidy; make the project attractive 9 CHUBBUCK 1DAHO Compare — PUD to Creative Communi Proposed PUD 18.20 Creative Community 18.21 • 60.0 Two amenities required to • Requires "significant usable" and be commensurate with planned connected open space, residents (8-10% use at any time) pathways, and trails • 60.DIE Residential density limit based on Comp Plan district, incentives for increases and infill "� • 60.F Non-residential amenities and incentives for height, setback, parking; some design Lkrequirements -. �. . • Residential density minimum, no maximum as long as public services are adequate; no infill • Several design requirements; no height incentives, developer can propose different designs and parking standards, setbacks H CHUBBUCK 1 0 R H 0 Proposed Changes —Amenities (Residential Reauirements • Open space — at least 15% of gross area • Setbacks excluded • Easements excluded, unless managed 1 landscaped and useable • Natural areas may be included if managed (weeds, erosion) • Trail system for larger PUDs • Certain % of residents direct access to open space 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 *can serve 8-10% of population CHUBBUCK �L�r:rYa � 0 R H a Proposed PUD Ordinance Proposed PUD 18.20 • 70.A Residential types per Comp Plan district, variety of types if PUD over 3 acres/40 units Current Code 18.20 • Land uses as allowed in the prior zoning district; up to 10% can be uses not allowed in zone • 70.BID Architectural features • Residential design may earn required, menu of options; buffer density increase; non-residential non-residential from residential harmonious building designs • 70.0 Streetscape standards for landscaping, fencing, setbacks • 70.E Sign, monument standards W. • Exceptional streetscape may earn residential density increase • Nothing specific to signs or�i�\ monuments �Z CHUBBUCK 1 oexo Compare — PUD to Creative Communi Proposed PUD 18.20 Creative Community 18.21 • 70.A Residential types per Comp • Single and multi -family allowed in Plan district, variety of types if all districts, mixture of types PUD over 3 acres/40 units encouraged • 70. BI D Architectural features required, menu of options; buffer non-residential from residential i"`. • 70.0 Streetscape standards for landscaping, fencing, setbacks • 70.BIE Sign, monument standards • Architecture must match MDP, control committee to approve; buffer from residential • Streetscape standards; fencing along sidewalks and streets discouraged • Signs per MDP design book� CHUBBUCK ioaxo Proposed Architectural Form (Residential 70.13 Baseline Expectations • Contrasting color and texture • Window treatment sides facing street • Select 3 (of 8) additional features • Enhanced corners • Deep recessed garages or rear loaded garages* • Second story set back farther • Offset garage doors (if garage near front) • Courtyards for clustered homes dcovered parking for at least 1/2 of mily unit spaces* nal window treatments Break up multi -family parking C)tional Incentives 3 or more 10% increase • Enhance paving and design at intersections, courtyards Stagger setback of homesltownhomes • Green building components, i.e. - Permeable pavement • Renewable energy features • Efficient window orientation/shading • Landscaping, topography, or layout for natural windbreaks and shade (clustered or multi -family housing) • Any of the remaining "additional features" at left CHUBBUCK I I A H a Other Proposed Incentives (Residential Standard residential incentive up to 25% total increase, based on: • Architectural features (previous slide), up to 10% • Public facility site dedication (limitations apply), up to 15% • Dispersed workforce housing, meeting `-- - icome limits ease for 4 affordable units or 2% lits — whichever is greater rease for S affordable units of 5% lits — whichever is greater Infill - similar definition as today • No size restriction (current 5 acres) • 20% density increase granted for all infill projects • Current code 15% may be granted for infill • LUDCICommission may approve additional 5% for incentive, or modification of amenity requirement • Current code amenity may be waived CHUBBUCK Proposed Standards (Non -Residential Site Design and Landsca in • Arranged for traffic circulation, common parking, shared access, economy in utilities • Landscaping between buildings and parking areas, and to make attractive from adjoining and surrounding residential and public areas Uncovered parking spaces within 50' of a tree • Locate/screen high noise equipment away from residential/recreation uses Industrial Areas • PUD in area shown "Employment' must have X50% industrial • Downtown industrial not allowed, unless it's subordinate use, such as a bakery, microbrewery, studio • Use landscaping, berms, fencing to buffer/screen from residential, open space, parks, and arterial streets • All areas to be landscaped and maintained, including future sites 10 lae,4,\ - CHUBBUCK IOHH0 xT La ENE -1 M WE pr ............ ..... .... --- - -- - ----- At m amm BF -S WWI ------------ �� xT La MUM F� pop e camER _ y � aa �: � T T � x�r•k% � � L � ON HIT ap nt ML 44 -,T As as d'" ? f 5 0' A���A CHUBBUCK Proposed Standards (Non -Residential, Architecture and Open Space Height Incentives (up to 20'additional) • Require 2+ similar design elements • Setback 40' from R-11213 (up to 10') • Color, texture, architectural features • Architectural features — 3 (up to 10') • Window treatments, canopies, public art • Any "unused" features in left column • Require 15% open space, but with up • Enhanced paving/design, courtyards to 25% reduction allowed for - Walkways covered or at least 8' wide and • Drought -tolerant landscaping throughout landscaped border • Max 1/3 rd of ground cover in turf grass • Use of green building components — • No gravel or small rock for ground cover permeable pavement, renewable energy, • Exceptional landscaping for pedestrians window orientation, • Interconnected with existing or planned Mixed use buildings — apartments and bike lanes, pathways, bus stops non-residential (up to 15') 19 L CHUBBUCK 1 9 n H 0 Proposed Standards (Non -Residential Setbacks • Perimeter setbacks LDRIMDR — 10'9 HDR/MU — 20% CIE — 30' (discuss) • Non-residential (except heavy ind.) in HDR/MU/CIE may reduce by 113 if • No external storage or operations • Architectural elements on all street sides and toward residential uses • Follow perimeter intensity guidelines • Meets current code for setback reductions with adequate buffer • Non-residential height incentive if setback to 40' Par�ci ng • Base requirements in current code • Mixed uses incentive — max 40% reduction • Apartments with non-residential 5-10% • Retail with other non-residential 15-20% • Other combinations 15-25% • Downtown area — 25% reduction • Street frontage spaces included • Other reduction incentives • Covered bike racks -- I for 5 bikes • Electric vehicles — 2 spaces for I charging station 0 L CHUBBUCK 2 I D 0 H O It Proposed Streetscape Standards 70.0 Streetscapes • No fence line X50' without change in height, setback, materials, berm, etc. • Strips between street and sidewalk or sidewalk and fence to be landscaped • No gravel/crushed rock/small stones • 50% ground cover in plants/organic • 2 trees and 4 shrubs every 75' • Block length <350' in residential and mixed use areas Fence and wall setbacks • From sidewalk on local street 15', collector/arterial 25', interstate 30' • If sidewalk is 8'+ trail and separated from street, reduce setback by 10' on collector/arterial/interstate • If sidewalk is <8' wide and separated from street, reduce setback by 5' on collector/arterial/interstate 21 L CHUBBUCK 1 0 0 H a Proposed Sign Standards Free -standing -signs allowed • Monument • Monolith • Pylon • Directional r _ 22 CHUBBUCK Proposed Sign Standards Building signs allowed • Awning • Canopy • Projecting • Wall • Window Prohibited • Pole • Roof L CHUBBUq( 10AHa 1 k�gm :.;, Proposed Sign Standards Prohibited in PUD • Billboard (city-wide) • Pole • Roof hr'tS Feedback? ,t /a,ok-\ ,; CHUBBUCK 2/11/2020 VERSION FOLLOWING LDDC 1sT REVIEW ON 1/28/2020 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: 18.20.040: PROCEDURE FOR APPROVAL OF A PUD: 18.20.050: 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: NON-RESIDENTIAL DEVELOPMENT AMENITIES AND INCENTIVES: 18.20.070: LAND USES AND ARCHITECTURAL FORM A.RESIDENTIAL USES: B. RESIDENTIAL DESIGN STANDARDS C. STREETSCAPES IN RESIDENTIAL AND NON-RESIDENTIAL AREAS D. NON-RESIDENTIAL USES AND DESIGN STANDARDS: E. NON-RESIDENTIAL SIGN AND MONUMENT 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. 2. 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: 1. 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 (hereinafter referred to as "MDP"). 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 (hereinafter referred to as "Council") after appropriate public hearing and review by the Land Use and Development Commission (hereinafter referred to as "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 MDP 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 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, 2. 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 MDP: An application for a PUD zone and a MDP 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 MDP application, as an addendum to the PUD zone application, shall contain the following information: 2 1. Aerial image showing the site location, acreage, boundary, scale, and north arrow, accompanied by a legal description of the property. 2. Concept plan/map of the PUD with proposed land use locations, concept for open space, pathways, and amenities, and existing and proposed streets. 3. 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. 4. Existing features of the development site, including all transportation systems, waterways, major utilities, easements, floodplain boundaries, structures, and major areas of woodlands or other native vegetation, 5. Topography and significant natural features on and adjacent to the property. 6. Proposed design and architecture guidelines, 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 building elevations and heights, 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. 7. For residential areas, the proposed density, number of units by type and location, street pattern and lots, and the amenities and other incentives justifying the request for increased density if desired. For non- residential areas and land uses, the proposed intensity, justification for any proposed height increases, parking and open space variations; approximate square footage, preliminary site plans, and the amenities and other incentives allowing greater intensity. 8. Statement of eligibility of the project, per 18.20.030, including qualifications for infill or downtown recognition. 9. Streetscape standards, and landscaping plans for open space, pathways, and recreation areas. 10. 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. 11. 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. 12. Evidence of unified ownership or control. 13. 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. 14. Any other appropriate supplementary information that may also be required by the Public Works Director. 15. 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. However, consideration and approval of a subdivision shall occur by separate presentation and action. E. Within sixty (60) days after receipt of the application, 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 MDP 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. F. The MDP shall be adopted as an exhibit to the ordinance which establishes the specific PUD Zone. The MDP, or portions thereof, may be amended per the process outlined in 18.20.050. A development agreement between the City and the applicant may be required by the City Council and executed before the zoning designation shall be effective. G. The approval of a MDP 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 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. Applicants may propose a variety of land uses within a PUD for immediate and future development per the Land Uses table in subsection a, and additional uses per subsection d, below. The Commission and 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 Agricultural: Agriculture (except livestock) Fgricultural feed and supply store 7FLivestock Riding stable or school Arts, entertainment, tourism, recreat Amusement or recreation center Exercise gym, salon, or martial arts Gallery or studio for visual or perforr Folf course Museum or interpretive center Civic services: Assembly, place of Cemetery Government facility (excluding critic, infrastructure) School / College (public or private) TV studio, radio station Commercial retail: F[Automotive parts store Automotive sales, including parts an Bakery / baked goods store Convenience store, with or without f F—COMPREHENSIVE PLAN DESIGNATION i LDR MDR--F-- HDR MU �� L F -P T -P T -P I I P F -X-1 X F-x-F-XF-pl P F -P T -P T -P T -CF -CF -c F -C-F -X-F-X -F-XF-CF-c ion: F —X—F X F —X— F -CF -PF -c nstruction F x T —x—F—x—F—PF—P C ling arts I I I "' F—PFP C I I I I I X I "' I "' I "' I I C F -C1 I I I C I -C-1 v I C I C I C X it C Fc Fc FcFcFc F-CF-CF `" I `" I `" C I -X- I F -X I -C I -P P F I "' I "' I x I `" I P d service F x F 7T —x—F—cF—P P -F -X-F-XF -X-F-CFP-F-p ael F —X—F —X—F —X—F—CF—P C Ei LAND USES Equipment rental and sales yard COMPREHENSIVE PLAN DESIGNATION F I MDR I HDR FmU I C f E I "' I I "' I "' I-P� P Industrial and agricultural equipment sales and Fx X FX X P P supply 1 1 Other / general retail stores and services X X I X I C I P C Pet shop and supplies F X I x F x _F_cF_P P Production building sales T 7T 7T _x_F_x7P_ P Recreational vehicle sales, including parts and X P FxFxX FP service Restaurant, including drive-through Fx F _x_F_cF_P P � Sexually oriented business F x T_xF _x_F_xF _x— X Tire shop, including recapping F x T xF X F—xF—p P 71 Truck and heavy equipment sales F x F 7T _x_F_xF_P P 71 Yard and garden sales and services, greenhouse F x I "' _x_F_cF_P P Commercial services: I -CF-p I P 71 Animal care site, commercial kennel F 7T xF X F_xF_cF_P 71 Automotive body and mechanic services F x F 7T _x_F_cF_PF_P 71 Car wash F X T _XT _X_F_XF_P P 71 Cleaning, laundry shop F X F _XT —X—F—CF—p P 71 Hotel F X T _XT _X_F_XF_P C 71 Kennel, hobby F C F c F -c F—cFC P 71 Motel F x T 7T _x_F_cF_P P 71 Office professional (<10,000 square feet) F x T _x_F_xF_PF_P C Office professional (>10,000 square feet) FX I I -CF-p I P Other commercial services F x T_xF _x_F_cF_P C Photography, portrait studio X T_xF X P P P � Printing and publishing F x T 7T _x_F_cF_P P Truck and heavy equipment maintenance and Fx Fx Fx Fx Fc P repair Vehicle Repair 7_xT����� LAND USES COMPREHENSIVE PLAN DESIGNATION 10 L MDR I HDR MU I C f E Health and human services: 1 I Barber, beauty shop F x T X F —x—F—cFP— C � Childcare center F c F —c—F —c—F—PF—P P Day spa, mineral bath, sauna F X T —X—F —X—F—XF—C C Funeral home X C —C -7C P T—C Hospital ��F—CF—CF—CF—c Lab, medical, dental or optical Fx I 7T ---PF— "' I v l P i Nursing home Fc Shelter home FC I -C—F I I X Home occupations: F1Majorhome occupations P� P� P� Pl � X F1Minor home occupations P1 P, Pi Fpl X Industrial /manufacturing: F1 Asphalt plant ����� X Beverage bottling plant Fx T 7T P Cement or clay products manufacture F X—F C Concrete batch plant f —x—[ x F—xF—xF—xF—c Contractor shop and yard Fx --F—F—F—F— X X X P P Food processing plant I X —X—F I —7x "' —7c C Furniture/cabinet shop I X I X —X—7x T—P Ice and dry ice manufacturing F X F —X—F —X—F—X7p T—P Laboratory research I x I I "' I v l v T—P F [Machine shop Fx F—x—F—x-7x-7c—F—p 7[Meatpacking plant FX I " � Fx--7x " ` T—C i Other manufacturing, heavy F X T —X—F —X—F—XF—X C Other manufacturing, light Fx F x F—x—F—xF—cF—p Public utility or rail yard Fx —F x Fx F—x F C P Recycling center Fx I—x 7T—x T—cF—c 10 LAND USES COMPREHENSIVE PLAN DESIGNATION FDR — FMDR I HDR FmU I C f E Rendering plant �T7F���� X 71 Well drilling I "` I "� I "� �T—cF—P 71 Wood processing plant x I I "' __cF_ I "' I "' I C Production and site buildings (for other uses allowed): Non-residential, for uses allowed F�-F� P Non-residential, cluster arrangement, for uses Fallowed Fx Fc X FX X Fc Residential, Class I or Class II F P T—P T —C—F—CF—CC Residential, Class III (outside production buildings cluster arrangements) X Fx X X Fx Fx Residential, Class III (within production buildings cluster arrangements) Fx FP FPFxFxFx 71 Site buildings, for uses allowed F P T—P T—P _F_PF_P P Residential dwellings (subject to density restrictions): 71 Single household dwelling ����� X 71 Zero lot line residence, detached FCX ���� X 71 Duplex (subject to restrictions) FX— ���� 71 Twin Homes � X Threeplex I xT—P I C � Fourplex F X T—P T—P _7C _7C T—C Townhouse F X I P F—P _7C_7C_ C Apartment building F x T 7—F—P T_cF -C_ C 7�ccessory dwelling P2 F—P��� C Warehouse and storage: 71 Commercial laundry service Fx —_T x P 71 Feed manufacture and storage I x I 7T I x I x C 71 Frozen food locker F x F 7T _x_F_xF_P P 7 Fuel yard I x I _xT_x_I _x7x C 71 Grain storage F x T xF —x—F—xF—x P 11 LAND USES Moving and storage company Salvage site Sanitary landfill Self-service storage facility Terminal yard, trucking [Vehicle storage site, garage or facility 7[Warehousing, wholesaling COMPREHENSIVE PLAN DESIGNATION I_LDR_[MDR I HDR I MU Fc T E F _xT X F _x_r X F_cF _P -F- "_ I "_ I "_ r X F_XF "_ F_XF_XF -X-F-XF-XF-x _F _X_F _X_F -C-F-CF-CF _P I "` I "` I X I "` I `" _P I _F _X_F_XF _X_F_XF_CF -C I "' I "' I "' I "' I _P 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 and adjacent areas. iii. The uses are integrated into 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 MDP 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 MDP 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 12 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 determined by the Commission and Council on a case by case basis. ii. Residential setbacks shall not be reduced between sidewalks and garages to less than twenty feet (20'). 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; ii. 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, Setback, and Perimeter Transitions: Comprehensive Plan Land Use LDR MDR HDR MU C E Maximum Height 35' 35' 45' 45' 70' 70' Minimum Setback from R-1, R-2, R -2P Zoning or Single Family Homes 10' 10' 20' 20' 30' 30' Minimum Setback from R-3, R-4, and Non -Residential Zoning 10' 10' 10' 10' 10' 10' See 18.20.60.E for exceptions and incentives regarding building height and perimeter setback. In addition: a. Standard zoning setback requirements shall not apply to structures on the interior of the project, but shall follow the approved MDP for the site and adopted building codes. b. 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 sites proposed to be adjacent to the perimeter of the PUD should be no more than 50 percent (50%) higher nor fifty percent (50%) more dense than the residential development that is adjacent to the PUD's perimeter. 2. Buildings adjacent to existing homes should have similar roof styles/roof lines as the pre-existing development, such as pitched roofs next to pitched roofs. 13 c. Industrial development in a PUD adjacent to any residential uses or zoning shall include a landscaped buffer that is at least ten feet (10') wide within the setback. The landscaped buffer shall be planted with an evergreen hedge or a dense planting of trees and shrubs. If using a buffer of trees and shrubs it shall include some evergreen species appropriate to the site. 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. 6. 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. 7. 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. 1. A minimum of fifteen percent (1 S%) 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. 2. 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 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 MDP. 3. Diversity in the design and use of common open space, open land, parks, and common areas is encouraged, and approval shall bejudged 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. 14 c. 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 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 residential 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 a 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. 6. Other amenities as may be approved by the Commission and Council on a case-by-case basis. 15 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: 1. 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 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 2. To provide for an incentive for quality planned unit developments, the 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 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 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 18.20.030.8. b. Services: Sites where municipal services (sewer, water, fire, and police) are already available may qualify for infill development. c. 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. 2. Developments recognized as infill are allowed a twenty percent (20%) 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 17 b. A modification of the amenity requirements set forth in sections 18.20.060.13 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 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 two 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. If using stone for ground cover, eliminating the use of gravel, stone, or crushed stone with an average size less than four inches (4"); 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.A.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.D.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. iv. Use of landscaping or natural topography, and energy-efficient building layout, for natural windbreaks and shade in clustered or mixed use (residential) 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 section 18.20.060.A.3, with the following exception: Other than heavy industrial uses, non-residential uses adjacent to residential uses or zoning may qualify for a setback reduction of five feet (5') in HDR and MU areas, and ten feet (10') in C and E designated area if the building: i. Has no adjacent external storage or operations; 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. The use is permitted in the designated land use area. The setback may be reduced for conditional uses if allowed by the Commission and Council. 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%). 19 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%). 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: 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, 20 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, each with direct street access; e. Three- and four-plex apartments and condominiums; and f. Apartments and condominiums with 5 or more units per structure. 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. Garage entries must be setback from sidewalk by at least twenty feet (20') to prevent vehicle overhang. B. RESIDENTIAL DESIGN STANDARDS: 1. Architectural Features. a. The following features shall be required: i. Contrasting color schemes and/or 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. 21 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. (Deep recessed or rear -loaded garages shall count as two (2) features for the purposes of this section.) 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. (Garages or covered parking shall count as two (2) features for the purposes of this section.) 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. 22 C. STREETSCAPES IN RESIDENTIAL AND NON-RESIDENTIAL AREAS: 1. 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. 2. 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 Home- or Business Owners Association. Concrete, gravel, crushed rock and stone less than four inches (4") shall not be used as ground cover. Plant or organic material shall be used for at least fifty percent (50%) of the ground cover in landscape and parking strips. 3. Two (2) trees from the approved street tree list and four (4) 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. 3. 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. 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 ten feet (10'). 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'). 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: 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. 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: 23 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 uncovered parking stalls are within fifty feet (50') of a tree, measured from corner of stall to tree trunk. Covered parking spaces and parking garage spaces are exempt from this requirement, but landscaping is required in the parking area, and 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 18.20.30.6. 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. 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. 7. 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. E. 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. 24 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 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. 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. 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. 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. 25 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. Billboards are prohibited throughout the City. 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 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 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 encourage innovation and special features in development by embracing and promoting: development patterns in harmony with community objectives, a maximum choice of living environments, a more useful pattern of open space and recreation areas, enhanced design standards and architectural features, conservation of energy and efficient design, and development patterns which preserves and -employ the natural setting of the site. 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. 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 N: 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 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 City of Chubbuck comprehensive plan. The 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. 27