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HomeMy WebLinkAbout06 09 20201a0_t_fr1_\ CHUBBUCK 1 0 n H a City of Chubbuck Land Use and Development Commission Regular Meeting June 9, 2020 7:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 Due to social distancing needs, this meeting will be held via web and telephone ONLY via the following options: Web -conference (no webcam is necessary to participate): https://uso2web.zoom.us/I/83216992747?pwd=dVIKZIpPcDZmcDRWeOZYanJnM ExiZzO9 Telephone: +1253 215 8782 US (Tacoma) +1346 248 7799 US (Houston) Meeting ID: 832 1699 2747 Password: 257374 Find your local number: https://us02web.zoom.us/u/ksQBlyhgz General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joining-a-Meeting. AGENDA CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. APPROVAL OF MINUTES for May 12, 2020 meeting (Action Item) III. PUBLIC HEARINGS An application for a Conditional Use Permit for an Animal Care Site for Dog Boarding. Subject property is generally located at 134 E Linden, Chubbuck Rd. The property is currently zoned General Commercial (C-2). Type of Action: Commission decision. (Action Item) 2. A proposal by city staff to replace an existing chapter of City Code, 18.20 Planned Unit Developments (PUDs), with a rewritten Chapter 18.20, setting forth new eligibility, procedures, standards, requirements, incentives, and other criteria for future PUDs within the City of Chubbuck and to modify other sections of code relating to PUDs. Type of Action: Recommendation to Council. (Action Item) A proposal by city staff to revise an existing chapter of City Code, 18.06 Land Use Definitions, setting forth new, modified, and deleted definitions for subjects found in Chapter 18. Type of Action: Recommendation to Council. (Action Item) IV. GENERAL BUSINESS 1. An application for a preliminary plat for the Chubbuck City Hall Subdivision to subdivide 5.13 acres into 8 commercial lots. Property is generally located at 224 Linden and 4699 Burley Dr., Chubbuck, Idaho. Type of Action: Recommendation to Council. (Action Item) V. STUDY SESSION 1. The Commission will review and discuss Staff's proposed Accessory Dwelling Unit code. VI. ADJOURN Any person needing special accommodations to participate in the meeting should contact the Planning Manager, Don Matson at dmatson@cityofchubbuck.us at least 24 hours prior to the meeting. CHUBBUCK 1 0 R H 0 City of Chubbuck Land Use and Development Commission Regular Meeting May 12, 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, Brady Smith, Brandon Jackson and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Planner Paul Andrus, Office Administrator Kami Morrison, also joining via zoom; Riley Sorensen and Ken Menlove. Mendenhall called the meeting to order at 7:00 pm Mendenhall asked if any Commissioners had a conflict of interest within the items before the board tonight. Commissioner Ayre recused herself from General Business item #2. APPROVAL OF THE MINUTES: April 14, 2020 Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of the April 14, 2020 meeting be approved as emailed; Schwartz seconded. The full Commission approved. GENERAL BUSINESS 1. Election of Officers- The Commission will appoint a Chair and Vice -Chair for the next calendar year (Action Item) Mendenhall opened nominations for Chair. Stoddard nominated Jason Mendenhall to continue to serve as Chair, Schwartz second. No other nominations. Roll call vote: Stoddard, Yes; Schwartz, Yes; Smith, Yes; Holm, Yes; Ayre, Yes; Jackson, Yes; Berls, Yes. Motion carried. Mendenhall opened nominations for Vice Chair. Schwartz nominated Dan Stoddard as Vice Chair, Berls seconded. Stoddard noted this will be his last year on the Commission and the Mayor can appoint someone else at any time to replace him. He will be moving from Chubbuck in about 2 months. Roll call vote: Jackson, Yes; Holm, Yes; Budge, Yes; Smith, Yes; Schwartz, Yes; Berls, Yes; Ayre, Yes; Mendenhall, Yes. Motion carried. 2. An application for a Conditional Use Permit for a self-service storage facility with a watchman's residence in a Limited Commercial (C-1) on approximately 8.71 acres of land. Subject property is generally located at the Southeast corner of Philbin and West Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. The property is currently zoned as Agriculture. This item was tabled following a public hearing at the regular April meeting pending more information regarding zoning preferences. Since the meeting, the applicant has decided to withdraw the rezoning application to C-1 and to keep the property under its current zoning designation. Type of Action: Commission Decision. (Action Item) Ken Menlove, representing the applicant, stated that when they presented last time they didn't know changing the zoning to C-1 would limit them to a three acre project. To be economically feasible they need 4.5-5 acres. Menlove added that the project will be a fully enclosed, fortress style development with decorative colored masonry walls surrounding the property. They have planned for the required 25 foot setback and then 10 foot tall decorative masonry walls around the entire project. The only area you can see through is at the entry gates which are wrought iron automatic lift gates with a keypad system. Menlove stated he is a civil engineer as well as general contractor and has designed and built over 350 of these and has won 7 national awards for designs. The project is state of the art as far as security, lighting, etc. Mendenhall asked if facility is 24-hour access. Menlove stated it is usually set hours. The keypad can be controlled to allow access between certain hours. There is a caretaker on site 24 -hours. Caretaker will usually let people come after hours if needed. Riley Sorensen stated typical access hours are 6:OOam-10:OOpm. Gates lock down at 10:OOpm but they do allow exceptions. Office hours are 9:30am-6:OOpm and closed on Sundays. Paul Andrus, Planner, said the memo he sent states that the project is allowed in Ag zone, both the dwelling unit and storage units. Mendenhall asked if lot 2 on the west side is staying as Ag also. Andrus replied that yes it will stay as Ag and there are no limit on storage units in Ag zone. The owner of the property is reserving that space for future commercial/retail other than storage units. Matson stated that it could be limited in a motion to number of units shown. Menlove stated the request is for 4.5 acres that the owner will build in 2 phases. The size won't exceed what's shown. The intention is to build something like a gas station/retail use on other corner. Zone would have to change to C-1 there eventually. Would re -plat at that time. Berls asked if the wall will be going around the units or also around lot 2. Menlove stated the wall surrounds lot 2 and will be on all 4 sides of facility. Only place there will not be decorative all will be at the two entries, one on Chubbuck and one on Hiram. Berls asked if at the last meeting, visibility at intersections for corner lots was discussed. Matson clarified the wall will be behind the landscaping and that will also be address in design review. Berls asked how large the buffer is. Menlove said the current buffer shown on the north, east and south is 25 foot landscaped buffer. Will also use buffer as a storm water retention area as recommended by City and will also be heavily landscaped. Budge asked if the comprehensive plan identifies this as a mixed use zone. Andrus said that was correct. Budge stated the City Code requires Conditional Use Permits be consistent with the Comprehensive Plan and he has concerns that this is not consistent with comp plan because the mixed use zone is for commercial and residential and those zones don't allow storage units of this magnitude. Andrus stated that the Ag zone is overlaying zone for everything. Smith disagreed adding it has always been interpreted as underlying until something more appropriate based on the comp plan is available. It's never has been interpreted as a catch all. The applicant has already stated they will come back for commercial zoning in the future. Using the base Ag zone to get what they need now and will form fit later. Menlove stated that was correct and when they look at a property they look at current zoning and what uses are permitted. If zoned something else they would've followed that recommendation. Withdrew original zoning change application. Schwartz asked how zoning from Ag to C-1 effect taxing of the entity. Matson stated that it wouldn't effect it much. The Assessor bases those on the use. The Ag exemption is based on if it's used as farm land. Andrus asked for clarification on if there will be a wall between lot 1 and lot 2 or around the whole perimeter as Menlove stated earlier. Sorensen stated it would not be around the entire perimeter and doesn't think a block wall around the entire thing makes much sense but there will definitely be one between lot 1 and lot 2. Mendenhall stated the Conditional Use Permit really should only apply to proposed lot 1. Lot 2 without the CUP right now is an empty lot. If they wanted to comeback to rezone there wouldn't be an issue with CUP attached to it. Budge stated his understanding is that it is only for lot 1, which is the 4.5 acres. Andrus confirmed that was correct. Regarding the Conditional Use Permit Budge commended the applicant for raising the bar for that type of facility but struggles putting a really sizeable storage unit facility in what is currently predominately homes, schools and churches. In reviewing the materials Budge had a couple thoughts 1; city code requires that a CUP is consistent with the comp plan. For mixed use zones, those are intended to allow a mixture of compatible residential and commercial uses. A storage unit of this size doesn't fit in either of those so in the application doesn't comply with section 18.28.050 of the comp plan. 2; when evaluating a CUP they are to take into account the aesthetic qualities of proposed use and surrounding land and also the character and use of land in the vicinity. When looking at that area a large scale storage facility is not compatible. There are other places in the city where it would be appropriate but he does not feel it meets the standards of a CUP. Berls stated she agreed with Budge and cited code 18.08.10, enumeration of districts, which describes the purpose of Ag and stated it doesn't fit with the surrounding neighborhood or with the comprehensive plan. Mendenhall entertained a motion. Budge moved to deny the application for a conditional use permit based on inconsistencies with section 18.10 of city code and 18.28.040 subsections C5 and C6 and also City Code 18.28.050. Seconded by Berls. 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. STUDY SESSION 1. The Commission may review proposed city code text amendments by City Staff and provide input on the following sections of draft code: 18.20 Planned Unit Developments (PUDs) Chapter, 18.06 Definitions Chapter, and a new proposed chapter 18.10, relating to Accessory Dwelling Units (ADUs) as well as relative references in other chapters and sections of code relating to PUDs and ADUs. Matson stated there are three parts of the code to discuss. Regarding the PUD ordinance they discussed a few details in the past and want to now make sure the Commission is satisfied with the wording. Those included: • The minimum size of a PUD, page 2, some thought one acre was thought too small. • The setback transition between commercial/industrial and residential language was simplified to say it needs to be appropriate for the site. Also added specifics for Industrial including 10 -foot setback with dense vegetation. Main goal is to make it work with the site. • Parking incentives, page 22, language changes regarding 3 different types of land uses combined for sharing parking. • Others are minor technical corrections. If ready to move on will bring back for a hearing next month and recommendation to council. Budge commented that he reviewed other city ordinances with PUD provisions and wondered if this is how we want to use these in the City of Chubbuck. Chubbuck has used PUD's in ways that are less conventional than in other places. Elsewhere, PUD's are used when a variety of land uses are developed together as a cohesive project, or one land use is done in unique way and the PUD gives flexibility to combine land uses or to structure for more open space and more clustered development. Budge added he went back and looked at some Chubbuck PUD's and they seem more like it's being used as a work around to not comply to densities that would be applied in that zone. Higher levels of density than would be allowed in R-1 or R-2. Budge continued saying it maybe merits some discussion on — is this how we should be using them. Berls stated she was in agreement and thinks they shouldn't be less than 3 acres. One acre is such a small area and just gives an out for anyone to be able to develop in that space. Smith commented that it's a challenge as a city to have a lot of infill properties that aren't as desirable. It's not a fresh 40-80 acres to cut into. Part of the reason for PUD's is a way to develop lesser desirable properties. About 37% of the town is infill, there are a lot of places in town where just not a big enough area to make a master PUD happen the way we would like to see it. It does offer flexibility for those types of developments. Stoddard stated the goal of the comp plan is to encourage infill development. A PUD is one way to do that. Staff has put in a lot of thought in how to go about it and how to offer incentives to developers. Budge asked about the city code and stated at one point there was an infill chapter. Budge wondered if the PUD chapter is a replacement for that. Matson stated he was unfamiliar with the ordinance before but that we do need incentive for infill parcels. They have added an emphasis on aesthetics to the draft code and a menu a developer can choose from that will appeal to their market and do affordably. Holmes noted that the infill chapter was broke out as a separate ordinance years ago, it was taken out of the PUD and put in its own but seemed to work better within PUD. It is a way that allows those odd parcels to be developed and really is a policy decision whether it's desirable or not. Mendenhall stated that the rewrite is 100 times better than what existed previously. It will help staff and developers know what can or can't do rather than just saying we will pigeon hole in this area, especially concerning amenities. Budge restated that he doesn't think it's a bad idea but worries about changing the character of neighborhoods by infilling with high density PUD's but also need to accommodate infill and be more flexible. Budge asked about page 18, density incentives. Matson clarified that the percent's are meant to have a maximum. They still have to accommodate the requirements of the PUD. The amenity requirement could be modified but not waived. Matson continued adding that they would like to see some incentive for infill because that's where the greatest need is. The City has a huge investment in streets, sewers, water lines as well as parks and private utility providers. Those infill parcels with existing utilities are an untapped source of revenue but also a solution to what the community needs; more housing, accessible to other uses, walkable, etc. Wanted to include special incentives for infill specifically and allow for more creativity. Mendenhall requested it be clarified that residential infill and residential density can't be used together, has to be one or the other. Holm asked about the current infill properties and if the majority were in residential areas. Matson stated the properties were largely in commercial areas. Two of the largest are old mobile home sale lots on Yellowstone, both several acres, which qualify for infill because of development around them. Holmes commented that there may be a general bias against density but because of price of housing some have no choice but to live in more dense areas. Holmes asked if we are better off with a dense PUD or something like Mobile Manor. Holmes suggested selecting some PUD's that have been done over the years and see if they are really bad or are there just things that need to be improved and make sure we cover those in our ordinance. Budge and Mendenhall stated they thought that was a great idea. Budge added he is just trying to look at long term implications of the PUD ordinance and how we apply it. Holmes stated that one of the larger PUD's, Pheasant Ridge is fairly dense but was done in very efficient way. When you look at the valuation per square foot, it's one of the City's more valuable areas. It's not creative but does provide a huge base of affordable housing and has lower crime than a regular residential area based on Police Department studies. Berls commented that they are so successful because they charge homeowners association fees for maintenance and asked if any others charge HOA fees. Andrus stated there are several others like Park Meadows, Copperfield Landing that are more residential, single family, twin homes but most of those little ones are infill PUD's and some are usually wholly owned by one individual so don't have HOA's. Mendenhall asked for clarification regarding acreage of PUD's vs the Creative Community zone. Matson said anything over five acres is eligible for the create community zone and they would be encouraged to consider that. Matson added that the Creative Community zone has a higher bar on contributions from Developer. Mendenhall clarified that the PUD ordinance is really designed for pieces between 1-5 acres that are infill. Budge asked for a list of PUD's in Chubbuck, and plats so Commissioners can drive by individually. Matson will provide list to Commissioners. Mendenhall asked the Commission if they should hold off on the public hearing until they receive the list from Matson. Stoddard commented that the public hearing isn't the last step in the process but maybe is the right next step to get input from developers and those that it will impact. It will still have opportunities for revisions and changes before going to Council. Smith and Schwartz agreed and said they should let it move forward. Mendenhall said they will move it forward for public hearing and can look at the list beforehand, but staff will provide additional information during staff presentations at the next meeting. Ayre pointed out a typo on page 23, item #4, should say parking "incentive". Matson presented code changes to Accessory Dwelling Units, page 44. There are a few lines in code that talk about residential dwellings and are a little obscure. As written any rental would need approval before moving forward, these changes clear that up. They also outlined a process in order to standardize and legalize rentals. Matson showed PowerPoint presentation and video, (attached). Matson asked the Commission for input on several items; size, parking, and owner occupancy. Regarding owner occupancy, Mendenhall suggested changing the language for family relation to include niece or nephew and aunt or uncle. Mendenhall also asked if staff had concerns about the 1000 sq. foot size limit and that being the max. Matson stated they were more concerned with having a max on size than number of bedrooms or occupants. Size is easiest to enforce and the Building Department would know up front if they are dealing with the correct size. 900 is the average. Holm stated she wasn't bothered by the square footage. Ayre asked about taxation and homeowners exemptions, regarding how state would like at rental income and if it is exempt from the total. Matson stated he would need to research that item. Matson asked Commissioners for input on parking. If there should be off street parking required, designated or have an additional space. Mendenhall stated he felt it should be off street provided. Holm asked about taxation and if it would just add additional square footage if it's not connected. Matson stated he wasn't sure but it would be assessed as living space. Matson noted the draft also prohibits having separate sewer lines, utilities, etc. Could be converted back to one unit unless required by utility provider or post office. Matson will find an example of a deed restriction for the next meeting so Commissioners can see how they look. Matson presented changes to definitions. First was getting rid of numbers, some is renaming, some are illustrations. They added ADU's to the definition of single household dwelling. Adding townhouse/twin home to those as well. They also added sign types, current sign code needs lots of improvements. Then page 5 of ordinance shows changes to the Land Use District Table changing "residential rental dwelling" to "accessory dwelling". Finally they modified how zero lot lines are referred to and added condominium. Holmes explained why the numbering was done years ago. Per state code when they amended definitions they had to have those all included. Mendenhall asked if the state still requires that they be numbered. Holmes confirmed. Mendenhall suggested it may be a good reason to keep them numbered. Mendenhall asked if the definitions were ready to go to a public hearing. Matson stated that yes they would be after he adds the numbers back in. Mendenhall confirmed they will move it to a public hearing for next month. Mendenhall requested a study session on ADU's once more but move the other two items to a public hearing. Mendenhall thanked everyone for being able to get on Zoom and for attending the meeting. Mendenhall entertained a motion to adjourn; Ayre made the motion. Stoddard seconded. All voted to adjourn at 8:34pm. Jason Mendenhall, Chairperson Kami Morrison, Office Administrator This meeting was available to the public electronically and by phone. Via Zoom Teleconferencing: Meeting ID: 910 1583 0144 Due to the occurrence and imminent threat to public health and safety arising from the effects of the 2019 novel coronavirus (COVID-19). Governor Little issued a Proclamation on March 13, 2020 suspending section 74-203(5) and requiring All Public Meetings to be held electronically or by phone. 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 HUCKSTEP DOG BOARDING APPLICATION FOR A CONDITIONAL USE PERMIT- STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION MEETING ON JUNE 9, 2020 STAFF FINDINGS SUMMARIZED • Animal care sites are Conditionally Permitted in a General Commercial (C-2) zone. • The applicant has met the City Code requirements to be heard for a Conditional Use Permit. • This will be a use that is accessory to the gun shop and dog grooming already operating at the site. • 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. • One comment received from Rails West Credit Union (Neutral) Based on the evidence available at the time of this report, Possible Condition that may be considered are, not limited to but may include the following: • The use sought be limited to area proposed. Dogs kept inside for set hours. Verification of proper vaccination/immunization prior to boarding Disposal of waste requirements FACTS REQUEST: An application for a Conditional Use Permit for an animal care facility (Dog Boarding) in a General Commercial (C-2) on a portion of approximately .78 acres of land. BACKGROUND: Subject property is a portion of Lot 10 of Bonnie Brae Acres, generally located at 134 E Linden, Chubbuck ID. The property is currently zoned General Commercial (C-2). There are currently other businesses running and will continue to occupy the building at the site. Hux Gun shop and Dip and Clip dog grooming businesses. 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 deny the application. OWNER: Hux Holdings, LLC 5535 Calen Lane Chubbuck, ID 83202 APPLICANT: Jeffrey Huckstep 1230 Fern St, Pocatello, ID 83201 LOCATION: Generally located at 134 E Linden, Chubbuck ID. This is a portion of Lot 10 of Bonnie Brae Acres. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C-2) PROJECT SIZE: Approx..78 acres VIEWS: Visible from Linden Ave. and adjacent properties TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Building of approx. 7400 sq. ft. SURROUNDING LAND USES AND ZONING: NORTH: Credit Union, and other businesses to Chubbuck Rd. all zoned General Commercial (C-2) EAST: Single family homes zoned Limited Residential (R-2) SOUTH: Restaurant and businesses zoned General Commercial (C-2) WEST: Credit union and auto lube business zoned General Commercial (C-2) TRAFFIC COUNTS: The traffic counts available from BTPO: YEAR: 2019 Yellowstone Ave. — N. of Knudsen Blvd. 21,159/day YEAR: 2012 Yellowstone Ave. — N. of Knudsen Blvd 25,653/day SERVICES: ACCESS STREET: Linden from Yellowstone FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1. In accordance with City Code 18.28.020 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. 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 2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the June 9, 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 was provided as follows: a. Publication in the Idaho State Journal at least 15 days prior to the hearing; b. Notice posted at the exterior of the property c. Mailing to those within a 300 ft. radius of the property d. Notices posted prominently at the City office at least 10 days prior to the hearing. 4. The hearing will be conducted in accordance with procedures established by City Code 18.28.020. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §67-6512, 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. One email from Rails West Federal Credit Union was received as of this report. (Neutral) 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: The neighborhood includes older residential homes and several businesses. 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. Providing that the animals are kept on their property. 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. Property will be maintained and secured with other business presently operating. 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 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. Staff Analysis: Staff finds that the traffic could be less than other allowed General Commercial (C-2) uses of the site. 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 use will be conducted on the property with dogs being inside at nights. 6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. Staff Analysis: The animals will be cared for daily and facilities maintained. Waste will need to be collected and lawfully disposed of to eliminate odors. 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: One 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: Animal care sites are conditionally permitted in a General Commercial (C-2) 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. 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 Staff Analysis: Staff finds that there would likely 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: As this is an active business the owner has a vested interest in its appearance and maintenance. 13. Any permit granted hereunder may designate the exact location and nature of the permitted development. Staff Analysis: The applicant will be using present building with minor modifications and will need to meet all relevant city code. 14. Any permit granted hereunder may require the provisions for on site or off site public facilities or service. Staff Analysis: No further public facilities will be needed. 15. Any permit granted hereunder may require more restrictive standards than those otherwise required by this title. Staff Analysis: Possible Condition that may be considered are, not limited to but may include the following: • The use sought be limited to area proposed. • Dogs kept inside for set hours. • Verification of proper vaccination/immunization prior to boarding • Disposal of waste requirements 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). PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 0 H 0 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 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 3. Email from Rails West Federal Credit Union 4. Maps a. Vicinity/ Site b. Zoning REPORT DATED: June 2, 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. 5. Evidence of Notices (on file w/ staff) 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 City of Chubbuck Land Use Application CONDITIONAL USE PERMIT CHANGE OF LAND USE DISTRICT VARIANCE ANNEXATION & ZONING COMPREHENSIVE PLAN CHANGE City Official: MOM �i 11 11 10HH0 Date: ❑ / ❑ / m For the Land Use'Vleetina of: 0 / K1 / ® Application Deuilline: IOlsl / / 2 / 2 o 2:00 PM I 1 1 1 Name of Applicant: _rr ks -1 fl v . Phone:(Q0) Q.4 a- —?4 S o Mailing Address: tc13 fern � u�%G�L, TA*,ono 108 Email address: a;oAe.ktDAoAGroom1r•g 9!J Mr,.N, C_&M F 2. Filing fee of $ 340.00 plus $ Z�' for: To al: $ — J6,�?s ® ($1.50 per notification mail-out�onditional Use Permits.), owners and occupants. ❑ ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. Paid to the City Clerk on: --5 , 20 g Initials_ Receipt # 3. Project location: 17 Li Le.,, Avy, 6VAA ,Cy, 4• Existing Land Use District: &e�110✓-a/ C',,I-. 5. Describe Proposal: 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. 4itu-�l�/,P re of Applica it 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 I1" reduction of 18' x 24' drawing Scale: Site plan 1:20 minimum Floor plan 1/4" = F- 0" minimum Revised: 5-9-2019, PBA Conditional Use Permit Questionnaire Applicant: J e V Cts fe Address: 13q f L'I^ &'Ve, City: G� vvr State: Zip: '$3 SOA. ol CHUBB.UCK 1. Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety or welfare. M tm0ve- W&Ik - 6 Ir'kJ 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? 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? 1 of 3 Revised 1-25-20P PBA 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? 6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands? 04 tS �b G� '4- r, f - p.11 3 p'Gw S "'*' S PrVO&'r S_ D Q+4S„", hlGL1 , S,° &A 1F-11�.a ti 7. Address how adverse impacts on other developments within the City have been minimized as much as possible. 8. Describe the sequence and timing of the proposed development. 9. How will the development be properly maintained? 2of3 Revised 1-25-2017 PBA Conditional Use Permit Questionnaire 10 Designate the exact location and nature of the development. 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.) 3 of 3 Revised 1-25-2017 PBA \� jo Are, .n} �V>-r arse, S� Dy &tea=, ev e'i rr 'U^ A\j & �"& elS ,11el Pr�Y� Bannock County Parcel Map 1112020, 2:43:43 PM 1:2,257 Roads and Streets 2018_ Pictometry.sid ® Green: Band 2 fl 0.62 0.1. 0. 11 r y 5 -i 5� _ Parcels Red: Band -1 Blue: Band 3 0 0-03 0-07 0-13 k ....................................% EagleView, Bannock County, Source: Esz. agralGlobe, GeoE7 Location Map Earlhmar Gecgraphics, CNESIAirbus 65, USDA, JSGS, AeroGRP IGN, and Phe G IS Ul Cornmunlly .....................................: Bannock Cow Diadalmer! This produce Is for Informalionai purposes only, and may nol have been prepared. or be "la Ne! for legal, englneedng, or sfavey purposes. The Counly carol accept any responsibility for errors, omissions, or posieianM accuracy In the digital data. There are no warranties expiessee or Implied for 11 12020, 3:13:41 PM 1:2,257 Bannock County Parcels _ General Commercial {C-2} 0.02 0-04 o -os ng Industrial {I} fl 0-e3 0.07 Limited Residential {R-2} - Planned Unit Development (P[1D] ..................................... Zoning Map ....................................: Source! Esri, DigitalGlohe. Geo Eye, Earlhstar Geogwphics. CI Airbus DS. USDA, USGS, AeroGRID, IGN, and the GIS Community, City of Chubb lack GIS Eagle Vices Piclometry City of Pocatello 12020, 11:11:59 AM 1:2,257 Bannock County Parcels Future Land Use Designation Medium Density Road Centerline Commercial Mixed Use Employment ....................................................... y Future Land Use Map % ....................................................... ❑.02 004 0-03 0.67 008 City of Chubbuck GI5, Souroe! Esn, DigitalGlobe, GeoEye, Earl GeogmpNce_ CNESIAifbue DS, USDA, USOS. AemORI D, ION, the GI Ut Community, Cily of Chubbuck GIS Eagle Vi Piclometry Clty of Pocatello Paul Andrus From: Richard Ely <richard@railswestcu.net> Sent: Tuesday, May 26, 2020 1:08 PM To: Paul Andrus Cc: Diane Dehl; Paul Contreras; Ron Jex Subject: [EXTERNAL EMAIL] Response/Comments for Conditional Use Permit at 134 E. Linden Mr. Andrus, My Name is Richard Ely, CEO of Rails West Federal Credit Union. Our Chubbuck property sits next to the subject property being considered for a Conditional Use Permit for a dog boarding facility on a portion of the site located at 134 E. Linden. I believe that dog boarding could be a very good use for that location provided they establish some lawn area on their property to walk the dogs as needed. Our Credit Union has a large portion of grass/lawn and we would not want see it used by dog boarding staff or clients to relieve their animals. Otherwise, we would have no objection and would welcome another new business in the area. I do not plan on attending the June 9t" public hearing but wanted to express these comments for City of Chubbuck's consideration to assist in formulating a decision. If you have any questions for me, I can be reach by email or phone as listed below. Thank you. Cordially, Richard Ely, CEO Rails West Federal Credit Union richard@railswestcu.net Direct Ph: (208) 234-8611 PioneeffltleCo. GOING BEYONO 135 N. Arthur Ave. Pocatello, ID 83204 ELECTRONICALLY RECORDED -DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OFTHE ORIGINAL DOCUMENT File No. 683400 LP/LW WARRANTY DEED For Valle Received Tommy J Gunderson, all unmarried person hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto Hux Holdings, LLC hereinafter referred to as Grantee, whose current address is 5535 Calen Lai e Chubbuck, ID 83202 The following described premises, to -wit: The South 224 feet of Lot 10, Bonnie Brae Acres, according to the plat thereof, filed as Instrument No. 122992, records of Bannock County, Idaho. Excepting therefrom: The West 238 feet of the South 224 feet of Lot 10, Bonnie Brae Acres, according to the plat thereof, filed as Instrument No. 122992, records of Bannock County, Idaho. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and current years taxes, levies, and assessments, includes irrigation and utility assessments, (if any) which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. ti J` Dated ,:�y my 18, f G Tommy kyr erson State of Idaho, County of Bannock This r ord le ged before me on Signature of notary public Commission Expires: 04/18/2024 7/19/2019 by Tommy J Gunderson Lt I,IVA C(�N,j ,,ISSION 44E39'r5 NOTAKY PUBLIC; :,-fA.TE OF 1IJAHO Ben Lomond Investors LLC Chubbuck Development State of Idaho 10432 SW Moratoc Dr PO Box 5604 3311 West State St Tualatin, OR 97062 Chubbuck, ID 83202 Boise, ID 83703 James Miller SGK Properties LLC City of Chubbuck 210 E Linden Ave 912 W Riverview Dr 5160 Yellowstone Chubbuck, ID 83202 Idaho Falls, ID 83401 Chubbuck, ID 83202 Rusty Miller Hector Martinez Zhuo Hao Lei 210 E Linden Ave 4620 Yellowstone Ave 141 E Linden Ave Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 Paul Mottishaw Hux Holdings LLC Emerald Mountain Venture 5130 Whitaker Rd 5535 Calen Ln 98 Poplar St Chubbuck, ID 83202 Chubbuck, ID 83202 Blackfoot, ID 83221 Bailey Financial Group William McKee Patriot Commercial 6406 Shire Way 8621 W Buckskin Rd 146 E Chubbuck Rd Suite C Long Beach, CA 90815 Pocatello, ID 83201 Chubbuck, ID 83202 Clifford 5 Holdings Kenneth Miller Pocatello Railroad Fed CR UN 1056 Quatz Ct 146 E Linden Ave PO Box 1450 San Marcos, CA 92078 Chubbuck, ID 83202 Pocatello, ID 83204 Pocatello Railroad 4708 N Yellowstone Pocatello, ID 83202 ' r Wt.. qw CHUBBUCK Memo Planning & Development Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: Land Use & Development Commission From: Don Matson, Planning Manager Date: May 29, 2020 Re: A proposal by City Staff to replace an existing chapter of City Code, 18.20 Planned Unit Developments (PUDs), with a rewritten Chapter 18.20, setting forth new eligibility, procedures, standards, requirements, incentives, and other criteria for future PUDs within the City of Chubbuck; to amend Sections 18.06.180 and 17.08.120 regarding the definition of a PUD; to amend Section 18.08.010 Enumeration of Districts regarding the purpose of the PUD zoning district; to amend Section 18.08.030.D General Controls by District to include the Creative Community zoning district; and to amend Section 17.20.090 Planned Unit Developments with terminology consistent with amendments proposed to Chapter 18.20. BACKGROUND The spirit of a Planned Unit Development (PUD) is to integrate housing styles and sizes and potentially different land uses, and create a higher quality neighborhood with efficient clustering of buildings, design standards, and recreation and open space. Common incentives for PUDs and their enhanced products include flexibility with development codes and greater overall residential density and commercial intensity. The associated standards for PUDs to permit these exceptions often include design, landscape, and streetscape standards, with recreation/amenity and open space requirements. PUDs have been fairly popular throughout Chubbuck in the last two decades, but with mixed results. Current City Code does not include design standards, nor incentives targeting non-residential development. City Staff has studied other PUD ordinances in Idaho and neighboring states to find working code examples to help raise the standards in our own ordinance while still offering attractive incentives. The attached draft ordinance follows discussions with the City Council on January 15, 2020 and with the LUDC on January 28, 2020, February 11, 2020, March 10, 2020, and May 12, 2020. The draft includes a clarification of density incentives for infill PUDs in Section D.2 on p. 19. While the proposal does address immediate concerns with the PUD chapter in City Code, City Staff acknowledges that additional revisions may be needed in the future as conditions change and actual developments come forward. The review and action by the Land Use & Development Commission is a recommendation to the City Council based on the following criteria: 1. The proposal does not conflict with the policies of the Comprehensive Plan; and Page 1 2. The proposal will not result in demonstrable adverse impacts upon the delivery of services by political subdivision. STAFF RECOMMENDATION Staff finds that the draft code satisfies the criteria necessary to recommend approval of the title text amendment to the City Council, with the two criteria being: 1. The proposal does not conflict with the policies of the Comprehensive Plan: and 2. The proposal will not result in demonstrable adverse impacts upon the delivery of services by the City or other political subdivisions. FACTS PETITIONER: City of Chubbuck Attn: Planning Department P.O. Box 5604 Chubbuck, ID 83202 (208) 237-2430 APPLICABLE LAWS AND PLANS: 1. Idaho Code a. Notices of the hearing provided in accordance with §67-6511, Zoning Ordinance 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code a. Notices of the hearing provided in accordance with City Code Chapter 18.28 DECISION-MAKING CRITERIA #1: IC 67-6511- Zoning amendments to not conflict with the policies of the Comprehensive Plan With regards to the Planned Unit Development, the Comprehensive Plan encourages many of the tenets outlined in the draft ordinance. Staff finds no conflict between the draft and the plan (available at https:Hcityofchubbuck.us/wp-content/uploads/2018/01 /2002-Comprehensive-Plan.compressed.pdO. CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) Page 2 COMMENT The proposed draft encourages growth in infill areas with greater incentives than other areas. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT The draft ordinance encourages infill with greater incentives than other areas. OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl POLICY a. Permit increased residential densities in areas where infill and redevelopment are targeted COMMENT The draft ordinance encourages infill with greater incentives than other areas. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The draft ordinance bases PUD land uses on the Comprehensive Plan Future Land Use Map. POLICY b. Use a combination of zoning, performance requirements, site planning, and transportation routes to create the highest level of compatibility between adjacent uses while retaining a complementary mix of possible uses within neighborhoods and communities COMMENT The proposal includes compatibility requirements such as height transitions and landscape buffering from external residential zoning and land uses. POLICY c. Make use of planned unit developments (PUD) to accommodate development on tracts with difficult shape or location COMMENT The proposal refines the PUD ordinance and encourages its use throughout the city. POLICY f. Encourage residential infill in suitable locations COMMENT The draft ordinance encourages infill with greater incentives than other areas. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding areas COMMENT The draft ordinance includes design standards for each PUD. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT The proposal encourages higher density allowances that can better support transit. The draft ordinance also encourages infill with greater incentives than other areas. CHAPTER 6: COMMUNITY DESIGN GOAL 6.1: INVEST IN THE IMPROVED APPEARANCE OF OUR CITY AND STIMULATE IMPROVEMENTS BY THE PUBLIC SECTOR OBJECTIVE 6.1.2 Contribute to the appearance of neighborhoods and communities through placement and design of public parks COMMENT The PUD ordinance requires open space, which often include recreation, in each development. Some of the open space is dedicated to the City for parks. OBJECTIVE 6.1.4 Coordinate private improvements with public investments POLICY d. Apply for Transportation Efficiency Act enhancement and congestion mitigation and air quality funds for state and federal highways to improve the appearance of Yellowstone Avenue and Interstate exchange and create a bicycle/pedestrian path system linked to the transit system Page 3 COMMENT The draft ordinance requires connections to existing and future public pathways, as well as pedestrianways within developments. GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS OBJECTIVE 6.2.1 Use design guidelines, standards, and incentives to ensure that new infill and redevelopment are compatible with established development POLICY a. Bulk and height of the new residential infill and redevelopment projects shall be similar in scale to surrounding residential development COMMENT The proposed PUD code includes requirements for design guidelines in each development. OBJECTIVE 6.2.2 Encourage infill and redevelopment to be pedestrian -oriented COMMENT The draft ordinance requires connections to existing and future public pathways, as well as pedestrianways within developments. STRATEGY Use infill, redevelopment, and housing compatibility design standards COMMENT I The proposed PUD code includes requirements for design guidelines in each development. GOAL 6.3 IN NEW NEIGHBORHOODS, PROVIDE A BETTER MIX OF RESIDENTIAL AND COMMERCIAL LAND USES AND A MORE WALKABLE COMMUNITY OBJECTIVE 6.3.1 Create new pedestrian -oriented neighborhoods within areas identified as New Neighborhoods on the Growth management Plan Map COMMENT The draft ordinance requires connections to existing and future public pathways, as well as pedestrianways within developments. OBJECTIVE 6.3.2 Use neighborhood design principles for new development within Neighborhood Plan Districts, as defined on the Growth Management Plan Map POLICY a. New neighborhoods shall be designed to meet the following design principles: i. Connect streets with other streets to provide a network. ii. Use distinct edges or boundaries to define the neighborhood. iii. Include sidewalks that are safe, convenient, and interesting. iv. Incorporate parks and institutions into neighborhoods. v. Provide a mix of housing choices and types. vi. Design neighborhoods to accommodate bus transit. vii. Require buildings, whether residential, commercial, industrial, or institutional, to be compatible in terms of scale and design. COMMENT The draft ordinance requires connections to existing and future public pathways, as well as pedestrianways within developments. It also requires design standards and open space within each PUD and encourages a mix of housing choices. POLICY b. Assure that future developments results in the establishment of recognizable neighborhoods, communities, and districts COMMENT The draft code requires each PUD to include design guidelines that will make it unique. STRATEGY Use new neighborhood design standards COMMENT I The draft code requires each PUD to include design guidelines that will make it unique. CHAPTER 7: GOVERNMENT SERVICES 19 GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY b. Infill of underutilized property shall be encouraged through the use of innovative approaches for the provision of access and utilities COMMENT The draft ordinance provides incentives to develop infill parcels, thus using existing water and sewer mains rather than extending infrastructure to new areas. Page 4 CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.2 Create new parks and recreational facilities to serve both new development in existing neighborhoods and new communities POLICY c. Encourage the creation of neighborhood parks in conjunction with large-scale residential development and as part of the neighborhood refinement plan process COMMENT The PUD ordinance requires open space, which often includes recreation, in each development. Some of the open space is dedicated to the City for parks. CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY d. Provide a mix of land uses, a more-connected street network, and alternative modes of transportation, including buses and shuttles COMMENT The proposal encourages higher density allowances that can better support transit. The draft ordinance also encourages infill with greater incentives than other areas. The draft also requires connections to existing and future public pathways, as well as pedestrianways within projects. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT The draft ordinance encourages a variety of housing types, and further requiring a housing mix for PUDs over a certain size. OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT The proposal includes transition requirements between higher intensity uses in a PUD and neighboring homes and residential zoning. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas COMMENT The draft ordinance encourages a variety of housing types, and further requiring a housing mix for PUDs over a certain size. It includes incentives for including affordable housing units. GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY a. Single -family attached: Structures such as townhouses or rowhouses. Generally acceptable anywhere a single family residential unit is permitted COMMENT The draft ordinance would allow attached single family residences (townhouse, twin home) in any PUD, with conditional approval in areas designated Low Density Residential on the Comprehensive Plan Future Land Use Map. POLICY b. Two-family dwellings: Generally acceptable anywhere a single -family residential unit is permitted. Encourage designs that appear to be a single unit. COMMENT The draft ordinance would allow duplexes in any PUD, with conditional approval in areas designated Low Density Residential on the Comprehensive Plan Future Land Use Map. Page 5 POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT The draft ordinance would allow multi -family residences (3- and 4-plexes) in any PUD, except those located in areas designated Low Density Residential on the Comprehensive Plan Future Land Use Map. CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT The proposal encourages mixed uses in PUDs, and allows a percentage of each PUD to include land uses that wouldn't normally be allowed, such as commercial property in residentially planned area on the Comprehensive Plan Future Land Use Map. #2: IC 67-6511- Zoning amendments to not result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction. Staff does not anticipate any negative impacts upon the delivery of services to the City nor other political subdivisions providing services in the City. (If anything, the proposal will benefit political subdivisions providing services by encouraging infill development.) Disclaimer: *The information presented in this document is based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. Report Prepared by: Don Matson Planning Manager Email: dmatson@cityofchubbuck.us Date: May 29, 2020 Page 6 ATTACHMENTS 1. Proposed New City Code Chapter 18.20 Planned Unit Developments 2. Other City Code Sections with Proposed Changes a. Sections 18.06.180 and 17.08.120 Definitions, Planned Unit Development b. Section 18.08.010J Enumeration of Districts, Planned Unit Developments c. Section 18.08.030D General Controls by District d. Section 17.20.090 Enforcement and Relief, Planned Unit Developments 3. Current City Code Chapter 18.20 Planned Unit Developments Page 7 ATTACHMENT 1 TITLE 18: LAND USE 18.20 PLANNED UNIT DEVELOPMENTS (PROPOSED — TO REPLACE EXISTING 18.20) SECTION: 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: PROCEDURE FOR AMENDMENT OF A PUD PLAN 18.20.060: LAND USES IN THE PUD ZONE 18.20.070: DEVELOPMENT STANDARDS 18.20.080: RESIDENTIAL PUD REQUIREMENTS AND INCENTIVES 18.20.090: NON-RESIDENTIAL PUD REQUIREMENTS AND INCENTIVES 18.20.100: STREETSCAPES AND SIGN STANDARDS IN PUDS 18.20.010: PURPOSE AND INTENT: A. PURPOSE: In accordance with city policy to guide major land development projects, the purpose of this district is to encourage innovation and special features in planned unit development (hereinafter referred to as "PUD") by embracing and promoting projects proposing any of the following, but not necessarily all: A combination of land uses and development patterns in harmony with development intensity, multi- modal transportation, community design, and community facilities objectives of the City of Chubbuck Comprehensive Plan; however, unless otherwise stated in this section, a mix of land uses or housing types is not required in a PUD. A maximum choice of living environments by allowing a variety of housing and structure types, permitting an increased density per acre, and accepting a reduction in lot dimensions, yards, setback, and area requirements. A more useful network of bicycle and pedestrian paths, open space, and recreation areas accessible to all and supportive of healthy commuting and active living, and if included as part of a mixed use project, more convenience in access to employment and services. 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; 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; Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 8 5. Establish reasonable design standards for development and redevelopment 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 PUD process is not intended to skirt development rules nor result in a detrimental impact on the surrounding community through its implementation. A. ELIGIBILITY: A PUD may be permitted if a developer desires flexibility from specific conformance with zoning regulations as applicable to individual lots or traditional subdivision regulations provided they can meet the requirements for a PUD located within this chapter. The PUD process is intended to provide flexibility, latitude, and relief from the provisions of the zoning ordinance only if the proposed development is consistent with two (2) or more of the following instances: The development offers a maximum choice of living environments by allowing a variety of housing and building types. 2. The development promotes mixed use projects which are functionally integrated within the development and provides services or benefit to the primary use. For the purposes of this chapter, a mixed use project means the incorporation of more than one of the following land use groups: residential, commercial, industrial, and civic/institutional. 3. The development provides a layout which preserves and properly utilizes natural topography and geologic features, historic resources, scenic vistas, and beneficial trees or other vegetation. 4. The development parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development processes. 5. The development qualifies as infill per this chapter. 6. The development encourages infill that further implements the City of Chubbuck comprehensive plan and other plans, such as for parks or the downtown area. B. MINIMUM AREA: 1. Residential: A PUD shall contain an area of not less than one (1) acre. 2. Commercial, Industrial, or Mixed Uses: A PUD shall contain an area of not less than three (3) acres. 3. 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. 4. 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. For the purposes of this chapter, the downtown area shall be defined with the following boundary: Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 9 a. 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. b. Parcels northwest of the Yellowstone Avenue and Chubbuck Road intersection are included in this description. Sites over five (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 PUD 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 and 3 from subsection D below, 2. For residential areas, the proposed density, number of units by type and location, and the amenities, design, and other incentives allowing increased density, and Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 70 For non-residential areas and land uses, the proposed uses by type and location, height, parking, and open space variations, and the amenities, design, and other incentives allowing greater intensity. 4. Topography and significant natural features on and adjacent to the property. 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: 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. Proposed schedule and phasing plan for the development of the site, including development of amenities, open space, and landscape features, 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, topography, structures, and major areas of woodlands or other native vegetation, A design manual with 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. Include 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. 6. 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. Statement of eligibility of the project, per 18.20.030, including qualifications for infill or downtown recognition. 8. Streetscape standards, and landscaping plans for open space, pathways, and recreation areas. 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. 10. 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 Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 71 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. 11. Evidence of unified ownership or control. 12. 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. 13. Any other appropriate supplementary information that may also be required by the Public Works Director. 14. 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 application, presentation, and action. E. APPROVAL OR DENIAL: 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. IMPLEMENTATION: 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. TIME LIMIT: 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: PROCEDURE 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; Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 72 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 LAND USES IN THE PUD ZONE: A. COMPREHENSIVE PLAN: 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 R-2 — Single Family Residential — Limited Residential MDR — Medium Density Residential R-2 R-3 — Limited Residential — General Residential HDR — High Density Residential R-3 R-4 — General Residential — Dense Residential Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 73 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 B. PERMITTED AND CONDITIONAL LAND USES: 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 P - Permitted use C - May be permitted with conditions X - Not allowed Agricultural: Agriculture (except livestock) Agricultural feed and supply store Livestock Riding stable or school Arts, entertainment, tourism, recreation: Amusement or recreation center exercise gym, salon, or martial arts instruction Gallery or studio for visual or performing arts 7 FI Golf course Museum or interpretive center Civic services: Assembly, place of Cemetery 7�Government facility (excluding critical infrastructure) School / College (public or private) r— TV studio, radio station FCOMPREHENSIVE PLAN DESIGNATION LDR MDR HDR MU C F -PF -PF -PF _PF -PF -P F T- F x F -x F -x F —P F -P F -P F -P F -P F -c F -c F -c F -c- F x F x F x F -c F -c F -x F -x F -x F -c F —P F -c F -x F -x F -x F —P F —P F -c F T- F x F -x F -P F —P F -c F -c F -c F -c F -c F -c F -x F -x F -x F -x F -c F —P F -c F-cF-cF F -c -c -c F -c F -c F -x i C F-cF-cF-cF-cF-c F-xF-xF-xF-cF-PF-p F -F -F -F -F -F - Attachment 1- Proposed Title 18.20 Planned Unit Developments Page 14 LAND USES P — Permitted use C — May be permitted with conditions X — Not allowed Commercial retail: Automotive parts store Bakery / baked goods store Convenience store, with or without fuel Equipment rental and sales yard Industrial and agricultural equipment sales and supply Other / general retail stores and services Pet shop and supplies Production building sales Recreational vehicle sales, including parts and service F[Restaurant, including drive-through F[Sexually oriented business Tire shop, including recapping 7rruck and heavy equipment sales IVehicle sales, including parts and service 7rard and garden sales and services, greenhouse Commercial services: Animal care site, commercial kennel Automotive body and mechanic services [Car wash =F— Cleaning, laundry shop F[Hotel r— r i Kennel, hobby 7Fmotel Office professional (<10,000 square feet) IOffice professional (> 10,000 square feet) COMPREHENSIVE PLAN DESIGNATION LDR MDR HDR MU C F—xF—xF _x_F_cF_P _x x F_XF­CF_P _x x F_XF­CF_P F _x I x F—XF—XF—p Fx Fx Fx Fx FP F—xF—xF _x_F_cF_P F _x_1 x F—xF—cF—p F_x1 x F _x_F_xF_P F_x� x F—xF—xF—p F TT _x_F_xF_cF_P [ _xF —x—F—xFx—F—x F—xF—xF _x_F_xF_P F _x F x F _x F x F _P F _x_ F x F _x F —c F _P � x F_xF x F_cF_P C C X C C Attachment 1— Proposed Title 1&20 Planned Unit Developments Page 15 LAND USES P - Permitted use C - May be permitted with conditio X - Not allowed Other commercial services Photography, portrait studio Printing and publishing Truck and heavy equipment m� Vehicle Repair Health and human services: F[Barber, beauty shop r—r Childcare center Day spa, mineral bath, sauna Funeral home Hospital Lab, medical, dental or optical Nursing home Shelter home Home occupations: Major home occupations Minor home occupations Industrial / manufacturing: Asphalt plant 7[Beverage bottling plant — Cement or clay products manu- Concrete batch plant Contractor shop and yard Food processing plant Furniture/cabinet shop Ice and dry ice manufacturing COMPREHENSIVE PLAN DESIGNATION ns �.... ....... ...... ...., .. F -x[ x F-XF-CF-PF-c F-xF-xF x I I P F-XF-XF-XF-cF-PF-p intenance and repair FX I FX FX FP -F-XF-XF-XF-XF-CF-p F-XF-XF-XF-CF-PF-C F -CF -CF -CF -PF -PF -p F -x1 x Fx-I x I -C C F I x I -C I -C I -C I -P C F F -XI F -CF -CF -CF -C F-XF-XF-XF-cF-PF-p I I I C I I -CF X F -CF -CF -CF -CF -CF -x 1 F —x FP -1 FP - 1 FP -1 FP - 1 P1 FP -1 F —x 1 FP - FP - X X I TI x I x I x I x X F -x F x F -x F -x Fc- F -P acture Fx Fx F x F—xF—xF -c "� I "� I "� C F-xl x I I � F -x1 x 7x- I "� P F -X[ x F-XF-XF-CF-c F-XF-XF-XF-xF-PF-p F -XI x F—X7x T -PF -P Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 76 LAND USES P - Permitted use C - May be permitted with cond ti it X - Not allowed Laboratory research Machine shop Meatpacking plant Other manufacturing, heavy Other manufacturing, light Public utility or rail yard Recycling center Rendering plant 71well drilling 7rWood processing plant Production and site building; Non-residential, for uses all Non-residential, cluster arra allowed Residential, Class I or Class Residential, Class III (outsid( cluster arrangements) FResidential, Class III (within cluster arrangements) �[ite buildings, for uses allov r Residential dwellings (subject Single household dwelling Zero lot line residence, deta Duplex (subject to restrictioi Twin Homes Threeplex Fourplex COMPREHENSIVE PLAN DESIGNATION ons �.... ....... ...... ..... .. F_Xr X F_XF­CF­CF_P F—xF—xF _x_F_xF_cF_P F—XF—XF—XF—xF—XF—c F_XF X F—XF—XF—XF—c F_XF X F_XF_XF­CF_P F_x1 x F—xF—xF—cF—p F_X1 X F_XF_XF­CF_C F—XF—XF—XF—xF—XF—x F_XF_XF_XF_XF­CF_P F_XF_XF_XF_XF­CF_C (for other uses allowed): awed X X ngement, for uses —F—F FcFcFx I P F—P _F_cF_cF_cC _F production buildings X X X FFxX Fx I X X Droduction buildings X P FPFx ped F_P T—P _F­PF­PF_P P to density restrictions): X ched Fc F P F P F � X is) Fx I c I r I �. I �. X � F—cl I I _ I _ X I I P F _ _ C I "` I I I I C Attachment 7 – Proposed Title 18.20 Planned Unit Developments Page 77 LAND USES P – Permitted use C – May be permitted with conditions X – Not allowed Townhouse Apartment building Accessory dwelling Warehouse and storage: Commercial laundry service Feed manufacture and storage Frozen food locker Fuel yard Grain storage Moving and storage company [Salvage site Fsanitary landfill IS elf -service storage facility r— Terminal yard, trucking Vehicle storage site, garage or facili Warehousing, wholesaling 1. Permitted unless objections by any person as set forth in section 18.12.032 of this title, in which case the matter is treated as a conditional use permit. COMPREHENSIVE PLAN DESIGNATION __ KAMM I .-- AAI I , r 2 Permitted unless objections by any person as set forth in section 18.12.030N of this title, in which case the matter is treated as a conditional use permit. C. ADDITIONAL LAND USES: 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: 1. The uses are appropriate with the primary use. 2. The uses are intended to serve principally the properties within the PUD and adjacent areas. 3. The uses are integrated into the PUD. 4. 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. Attachment 7 – Proposed Title 18.20 Planned Unit Developments Page 78 F -x[ F -PF -CF -CF -c F-xF-xF-p I I C Fp2 Ip F p F pFC C F_x1 "' I "• I "• I P - I x I ". I -- Fx- I C F F_XF x F_XF_XF­PF_P F_XI "' I "• I "• I "• C F_x1 x F-XF-XF-XF-p F_X� x F-XF-XF-CF —P F-XF-XF-XF-xF-XF-x F-XF-XF-XF-xF-XF-x F_XF_XF­CF_CF_CF P F-XF-XF-XF-xF-CF ty Fx I x Fx Fx FC —P FC F X I X I X I X I C P 2 Permitted unless objections by any person as set forth in section 18.12.030N of this title, in which case the matter is treated as a conditional use permit. C. ADDITIONAL LAND USES: 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: 1. The uses are appropriate with the primary use. 2. The uses are intended to serve principally the properties within the PUD and adjacent areas. 3. The uses are integrated into the PUD. 4. 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. Attachment 7 – Proposed Title 18.20 Planned Unit Developments Page 78 A minimum of fifty percent (50%) of the primary use development occurs prior to the development of the specially permitted uses. D. CONDITIONAL USES: Proposed land uses that would require a Conditional Use Permit in the table above shall 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. COMMERCIAL AND EMPLOYMENT LAND USE AREAS: 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.B. i. As a guideline, PUDs located in areas designated as Employment in the Comprehensive Plan should reserve at least fifty percent (50%) of the area for industrial land uses, except for PUDs in the downtown area as described in 18.20.30.8. ii. 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. iii. Industrial uses may be permitted in 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. 18.20.070 DEVELOPMENT STANDARDS: A. GENERAL REQUIREMENTS: In the PUD zone the following table of requirements shall apply. See section 18.20.080 for exceptions and incentives regarding residential density, and section 18.20.090 for exceptions to non-residential building height, perimeter setbacks, and parking standards. Comprehensive Plan Land Use LDR MDR HDR MU C E Residential Maximum Units per Acre 5/ac 8/ac 16/ac 16/ac 16/ac 16/ac Maximum Height 35' 35' 45' 45' 70' 70' Minimum Setback from R-1, R-2, R-213 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' 1 If a neighboring single family home stands more than 100 feet away from the property line in an Agriculture or non- residential zone, and is on a parcel greater than one acre in size, the minimum setback in the HDR, MU, C, or E area may be reduced to ten feet (10'). B. SETBACKS: 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. 2. A proposed PUD shall incorporate height, density, landscaping, and/or architectural transition designs along the development's perimeter to achieve an orderly transition to existing lower density residential development on adjacent properties. Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 79 3. 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. 4. 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. C. 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. 1. Zoning Standards: The developer may deviate from the height, lot line setback, and lot dimension schedule found in chapters 18.08 and 18.12. a. Deviations shall be listed in full as a part of the PUD application. Modifications to other zoning and subdivision standards will be determined by the Commission and Council on a case by case basis. b. Residential setbacks shall not be reduced between interior edge of sidewalks and garages to less than twenty feet (20'). 2. 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: a. Any provision in title 16 of this Code pertaining to streets and sidewalks; b. 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). c. Other provisions of this Code on a case-by-case basis. D. 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. E. WATER CONSERVATION IN LANDSCAPING: In open space, setbacks, and other 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. F. 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. G. 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. Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 20 1. Minimum Open Space: A minimum of ten percent (10%) 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. The common open space shall not have any dimension less than ten feet (10') nor be less than three hundred (300) square feet in area. Required 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. Ownership: 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. Design: 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. 4. Accessibility: 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. The minimum width of internal trails other than sidewalks shall be 6 feet. 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. 5. Trail System Connection 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. The minimum width of trails connecting to existing or planned pedestrian or bike routes shall be 6 feet, but greater widths may be required by the City after considering connections to adopted trail plans and anticipated use. Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 21 H. 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 (twenty percent, 20% total). To qualify as an amenity, the additional open space must meet the same requirements as described in 18.070.G.1 above for minimal open space requirements. Private active recreational facilities such as playgrounds, picnic areas, basketball or tennis courts, swimming pool, clubhouse, etc., of a size suitable to meet the needs of the development. For the purposes of this section, a recreational facility(ies) that can simultaneously serve approximately 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. 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. 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. 18.20.080 RESIDENTIAL PUD REQUIREMENTS AND INCENTIVES 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, 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. Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 22 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. B. RESIDENTIAL DESIGN STANDARDS AND ARCHITECTURAL FORM: 1. Architectural Features. a. The following features shall be required: 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), parking area, or 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. (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 remaining front elevation windows, and all second story windows facing a street, parking area, or open space area, using principal window treatments described above in subsection a.ii. 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. Gated Communities Prohibited: Gated communities are prohibited within the PUD Zone. 3. 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. Garages must be setback from the interior edge of the sidewalk by at least twenty feet (20') to prevent vehicle overhang. Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 23 4. Land uses within the PUD will be interconnected through a system of roadways and pathways as appropriate. Clustering of buildings is also encouraged to increase efficiency in land use and in public utility delivery. 5. 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. Tree and shrub planting areas shall be at least four feet (4') wide and six feet (6') long. 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. RESIDENTIAL DENSITY AND INCENTIVES: 1. Density per Future Land Use Designation: 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), Mixed Use (MU), Commercial, and Employment: 16 units per acre. 2. Density Incentives: To provide for an incentive for quality PUDs, 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 Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 24 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/or hardscape 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. 3. Flexibility: 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. D. 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 C above. However, the development may be granted increased density per the incentives in subsection C, or per this subsection, but not both. 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 Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 25 b. A modification of the amenity requirements set forth in sections 18.20.060.6 and 18.20.060.0 of this chapter. 18.20.090 NON-RESIDENTIAL PUD REQUIREMENTS AND INCENTIVES A. NON-RESIDENTIAL DESIGN STANDARDS AND ARCHITECTURAL FORM: 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. The uses within the PUD will be interconnected through a system of roadways and pathways as appropriate. 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 uncovered parking stalls are within fifty feet (50') of a tree, measured from corner of stall to tree trunk. Tree and shrub planting areas shall be at least four feet (4') wide and six feet (6') long. 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. 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. 7. 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. Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 26 10. Open Space: A minimum of ten percent (10%) 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. a. The common open space shall not have any dimension less than ten feet (10') nor be less than three hundred (300) square feet in area. b. Any required front, side, or 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. c. Hardscapes such as fountains, courtyards, plazas, and decorative walkways (other than required sidewalks) may be part of the open space. d. 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. NON-RESIDENTIAL DEVELOPMENT INCENTIVES Open Space. 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: a. 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: i. The use of drought -tolerant landscaping throughout the development; ii. 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; iii. If using stone for ground cover, eliminating the use of gravel, stone, or crushed stone with an average size less than four inches (4"); iv. Exceptional design and placement of landscaping materials for visual impact and enhancing pedestrian environments; and/or b. 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. Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 27 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. 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 (151 Setbacks: Non-residential buildings shall follow 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 external storage or operations adjacent to the residential use or zoning; 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. Requirements may be reduced for all or part of the development by up to twenty-five percent (25%) under the following criteria: a. Multi -Family and Non -Residential Land Uses. For shared parking between groups of land uses, reductions may be given, with greater reductions granted between uses that have offset peak demand hours per the following table by adding the requirements of the two uses and reducing by up to the following percentages: Land Use/Parking Group' MFR EDU INST RETL LODG RSTV RECR OTHR IND Multi -Family Residentia12 5% 5% 5% 5% 5% 5% 10% 0% Educational 5% 15% 20% 15% 15% 15% 25% 0% Institutional' 5% 15% 20% 15% 15% 15% 25% 15% Retail 5% 20% 20% 20% 20% 20% 15% 15% Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 28 Lodging 5% 15% 15% 20% 0% 0% 20% 15% Restaurant/Tavern 5% 15% 15% 20% 0% 0% 20% 15% Recreation/Entertainment 5% 11 15% 15% 20% 0% 0% 20% 15% Other Commercial/Office 10% 25% 25% 15% 20% 20% 20% 15% Industrial 0% 0% 15% 15% 15% 15% 15% 15% 1. See groups per 18.08.046 Off Street Parking Requirements for more detail. 2. Includes apartments in mixed use buildings and accessory dwellings in non-residential areas. 3. Because churches and other religious institutions typically have peak times in evening and weekend hours, shared parking incentives for churches shall be treated with the same percentages as Restaurants and Recreation. i. To receive the incentive for shared parking, the parking area must be common property between the landowners, or a cross easement for access and parking must be recorded with the plat. ii. Applicant may propose a different shared parking reduction, provided a parking study is prepared by a qualified engineer in consultation with Institute of Transportation Engineers parking standards. iii. Parking spaces for anticipated company vehicles may not be included in the shared parking reduction without a parking study as described above in subsection ii. iv. If a parking incentive is desired for more than two uses in the table above, one reduction rate based on the two uses with the highest parking demand (total number of spaces needed) shall be used to calculate the potential incentive. b. 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: 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. 18.20.100 STREETSCAPES AND SIGN STANDARDS IN PUDS: A. PERIMETER STREET FENCING. 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 Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 29 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. B. LANDSCAPE AND PARKING STRIPS. 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. 1. 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. 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. C. FENCE AND WALL SETBACKS. 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. 1. 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'). 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'). 3. 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. D. BLOCK LENGTHS. Blocks shall not exceed three hundred fifty feet (350') in length 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. E. ENTRY MONUMENTS. 1. Monuments at the PUD or other entrance, including public art, landmarks, or architectural or water features, shall not exceed fifteen feet (15') in height without a Design Review. Monuments may include the name, logo, or other identification of the PUD or sub -area. Such signs 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. F. SIGN 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. Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 30 Monolith signs shall not exceed 25 feet in height, 6 feet in width, or 2 feet in depth, and shall be a minimum of 3 feet wide, 12 inches thick, and at least 12 feet high. The base of the sign shall be a minimum of 12 inches in height. 4. Pylon signs shall not exceed 25 feet in height or 8 feet in width, and shall be a minimum of 3 feet wide, 12 inches thick, and at least 12 feet high. The decorative material on the sign structure shall cover the entire support structure to the ground or sign base. 5. There shall be no more than four (4) tenants advertised on a sign along a street. Additional tenants may be included on internal signs as described in subsection 9, below. 6. Standards for Monument, Monolith, and Pylon Signs with Changeable Copy Displays: a. Changeable copy may be incorporated into the sign face, up to a maximum of 20% of the sign area excluding the base, but no more than six (6) square feet. For the purposes of this section, changeable copy includes single -color static digital displays such as for fuel prices or time and temperature, but not full-color displays or electronic reader boards. b. The changeable copy display area shall not exceed six feet (6') in height. Pylon signs may include a digital display panel, but it must not exceed the height limit. c. The light intensity for digital display areas of a sign shall be limited as follows: Intensity Levels (NITS) Color' Daytime Nighttime' Amber 3,350 675 Green 4,500 900 Red 2,250 450 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: Non-residential areas in a PUD needing multiple tenant recognition may include an additional sign, monument or monolith only, within a common parking area. Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 31 ii. An internal monument or monolith sign shall be no more than 2/3rds the dimensions (square footage) of the development perimeter sign(s) and shall complement or mirror the design of the perimeter sign(s) and/or complement the design of the buildings on site. iii. An internal monument or monolith sign must be located at least seventy-five feet (75') from the perimeter and from other internal monument or monolith signs. c. If the exterior sign is a pylon sign, the interior sign shall be a monument sign, as described in subsections 2 and 9.b. above, with a maximum height of five feet (5') and width of ten feet (10'). d. Drive-through lane signs are allowed, with no more than two for each drive-through lane serving a business establishment. The signs shall be no greater than fifty (50) square feet in area and seven feet (7') in height. They may be mounted on a wall, or on the ground with a solid base or enclosed support structure representing a monument or monolith sign. e. The light intensity for digital display areas of interior signs shall be limited the same as for exterior signs as described in subsection b above. 10. 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. 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. Attachment 7 — Proposed Title 18.20 Planned Unit Developments Page 32 ATTACHMENT 2.A TITLE 18: LAND USE 18.06 DEFINITIONS SECTION: 18.06.180: PLANNED UNIT DEVELOPMENT (PUD): A development of one 9+Re or more land uses and several structures embracing uses n an integrated and harmonious scheme, developed under unified control. TITLE 17: LAND DEVELOPMENT 17.08 DEFINITIONS SECTION: 17.08.120: PLANNED UNIT DEVELOPMENT: "Planned unit development" means a development of one or more land uses and several structures embracing a Eembinatien ef. land uses within an integrated and harmonious scheme, developed under unified control. Attachment 2.A — Definitions Page 33 ATTACHMENT 2.B TITLE 18: LAND USE 18.08.010J ENUMERATION OF DISTRICTS SECTION: 18.08.010: ENUMERATION OF DISTRICTS: J. Planned Unit Development (PUD): The purpose of this district is to embrace a Gemhinatien "f: land mss, encourage innovation and special features in development by embracing and promoting; development patterns in harmony with community objectives, prev+de a maximum choice of living environments, anew a more useful pattern of open space and recreation areas, enhanced design standards and architectural features, conservation of energy and efficient design, and a -development patterns which preserves and utilizes employ the natural setting of the site natural +. pegraph„ and geelegic features, sceRiE vistas, tFee--; -and- ether vegetation, and prevents the disruption of natural dFaiRage tette Attachment 2.8 — Enumeration of Districts Page 34 ATTACHMENT 2.0 TITLE 18: LAND USE 18.08.030 GENERAL CONTROLS BY DISTRICT SECTION: 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 E)F use for a plaRRed YRit development application" 6n chapteF 18-20- .,f this +. 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. Attachment 2.0 — General Controls by District Page 35 ATTACHMENT 2.D TITLE 17: LAND DEVELOPMENT 17.20 ENFORCEMENT AND RELIEF SECTION: 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 6tyls-City of Chubbuck comprehensive plan. The city Council, with the advice of the public works director, shall determine whether a proposal constitutes a bona fide planned unit development. Such a development must conform to the definition of a "planned unit development" set forth in chapter 17.08 of this title and standards set forth in chapter 18.20 of this title, and the proposal for any such development must be accompanied by true and accurate copies of the actual legal instruments by which the development will be controlled and managed, together with such other information required by this title or as may reasonably be prescribed by the public works director. Attachment 2.D - Planned Unit Development Standards Page 36 ATTACHMENT 2.D TITLE 18: LAND USE 18.20 PLANNED UNIT DEVELOPMENTS SECTION: 18.20.010: PURPOSE: 18.20.020: RELATIONSHIP TO OTHER LAND USE CONTROLS: 18.20.030: MINIMUM AREA: 18.20.040: USES: 18.20.050: OWNERSHIP REQUIREMENTS: 18.20.060: COMMON OPEN SPACE AND OTHER REQUIREMENTS IN RESIDENTIAL PUDS: 18.20.065: REQUIRED AMENITIES: 18.20.070: UTILITIES: 18.20.075: ZONING DESIGNATION: 18.20.076: DENSITY CALCULATION: 18.20.080: DENSITY: 18.20.085: RESIDENTIAL INFILL PLANNED DEVELOPMENTS: 18.20.090: ARRANGEMENT OF COMMERCIAL USES: 18.20.100: ARRANGEMENT OF INDUSTRIAL USES: 18.20.110: PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT: 18.20.010: PURPOSE: It is the policy of the city to guide major land development projects, embracing a combination of land uses, by encouraging planned unit development to achieve the following: A. A maximum choice of living environments by allowing a variety of housing and structure types and permitting an increased density per acre and a reduction in lot dimensions, yards, setback and area requirements. B. A more useful pattern of open space and recreation areas, and if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services. C. A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns. D. A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets. E. A development pattern in harmony with land use density, transportation and community facilities objectives of the city's comprehensive plan. (Ord. 241 § 5-1, 1983) 18.20.020: RELATIONSHIP TO OTHER LAND USE CONTROLS: Attachment 3 — Current City Code 18.20 PUDS Page 38 Whenever there is a difference between the provisions of this chapter and those of other chapters, the provisions of this chapter shall control. Subjects not governed by this chapter shall be governed by the respective provisions found elsewhere in this title. (Ord. 241 § 5-2, 1983) 18.20.030: MINIMUM AREA: A PUD for the following principal uses shall contain an area of not less than: A. Residential development: R-1, one acre; R-2, R-3, R-4, no minimum area. B. Three (3) acres for residential use with subordinate commercial or industrial uses. C. Five (5) acres for commercial use. D. Five (5) acres for industrial use. (Ord. 420 § 1, 1994) 18.20.040: USES: All uses that may be allowed within the land use district are permitted within a PUD. In addition, up to ten percent (10%) of the gross land area may be directed to other uses that are not allowed within the land use district; provided, that: A. The uses are appropriate with the primary use. B. The uses are intended to serve principally the properties within the PUD. C. The uses are planned as an integral part of the PUD. D. The uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards. E. A minimum of fifty percent (50%) of the primary use development occurs prior to the development of the related uses. (Ord. 241 § 5-4, 1983) 18.20.050: OWNERSHIP REQUIREMENTS: An application for approval of a PUD shall be filed by a property owner or a person having contractual interest Attachment 3 — Current City Code 18.20 PUDs Page 39 in the property to be included in the PUD. The PUD application shall be filed in the name or names of the recorded owner or owners of property included in the development. (Ord. 755, 2016) 18.20.060: COMMON OPEN SPACE AND OTHER REQUIREMENTS IN RESIDENTIAL PUDs: A. A minimum of ten percent (10%) of the gross land area development in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or uses of the area being developed. The City may allow a credit for lands so reserved, against dedication of park land otherwise required by title 17 of this Code. Front, side and rear yard setback areas shall not be included in the calculation of the common open space required. B. 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 City Council be dedicated to the public and retained as common open space for parks, recreation and related uses. 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 land 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. C. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan. D. 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. In areas where townhouses are used, there shall be no more than eight (8) townhouse units in any contiguous group. E. The nonresidential portion of a PUD must be buffered from residential portions and adjoining residences or residentially zoned properties. (Ord. 773, 2018: Ord. 755, 2016) 18.20.065: REQUIRED AMENITIES: Two (2) or more of the following amenities shall be provided as part of each PUD: A. Landscaped open space of at least ten percent (10%) of the gross area. Minimum landscape ordinance requirements will not be counted as an amenity. B. 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. C. Provision for a neighborhood park or other public open space, or public access thereto. D. A public pedestrian or bicycle circulation system within the project (exclusive of required sidewalks adjacent to public right-of-way) and connecting to existing or planned pedestrian or bicycle routes outside the project. Attachment 3 — Current City Code 18.20 PUDs Page 40 E. Other amenities as may be approved by the commission and Council. (Ord. 610 § 2, 2006) 18.20.070: 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 excepted from this requirement if the commission finds that such exemption will not violate the intent or character of the proposed PUD. (Ord. 241 § 5-7, 1983) 18.20.075: ZONING DESIGNATION: A strict zoning designation shall not be applied to a PUD, but it shall be designated as a PUD for type (residential, commercial, industrial) and, if applicable with associated uses for type (residential, commercial, industrial). For purposes of the initial calculations of density, designation of setbacks, heights of buildings, etc., the zoning district for the property in which the PUD is being developed shall apply. For newly annexed properties, the zoning designation of adjoining properties shall apply. (Ord. 610 § 2, 2006) 18.20.076: DENSITY CALCULATION: Density shall be based upon the density required by this code for the area with the most restrictive zoning that lies within the boundaries of the proposed PUD. For residential density, the number of dwelling units allowed in a PUD shall be calculated by dividing the gross area, less that area set aside for nonresidential uses (that is, office, commercial or industrial, as well as the area for streets, curb, gutter and sidewalk), by the minimum lot area per dwelling unit required by the zone in which the site is located. The common area shall not be subtracted in this calculation. Each structure or set of townhouse units shall be treated as one building for purposes of the density calculation formula. Example: Gross area 40,000 square feet, zoning is R-2: Street, curb, gutter and sidewalk 5,000 square feet Nonresidential use 4,000 square feet Common area 4,000 square feet Proposed townhouse units 10 Proposed number of townhouse structures The density is calculated by using the R-2 density formula found in section 18.08.042 of this title as follows: 40,000 square foot gross area I Attachment 3 — Current City Code 18.20 PUDs Page 41 -5,000 1 square feet for street, curb, gutter and sidewalk - 4,000 [square feet for nonresidential use 31,000 [square feet net There are two (2) structures which require six thousand (6,000) square feet each for the R-2 density formula. 31,000 square feet - (6,000 = 7.6 units, plus 2 units equals total allowed units of 9.6, rounded square feet x 2) to 10 units maximum 2,500 square feet (Ord. 610, 2006: Ord. 420 § 2, 1994) 18.20.080: DENSITY: To provide for an incentive for quality planned unit developments, the city council may authorize an increased density of up to twenty five percent (25%) of the allowable number of structures or inhabitants, as appropriate, taking into consideration the factors set forth in the following subsections. Character, identity and architectural and siting variation incorporated into a development shall be considered cause for density increases; provided, that these factors make a substantial contribution to the following objectives of the PUD: A. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; a maximum increase of ten percent (10%). B. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); a maximum increase of five percent (5%). C. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types; a maximum increase of ten percent (10%). D. Setbacks along the periphery of a PUD shall not be reduced from those established by the zoning district in which the PUD is located. (Ord. 610 § 1, 2006) 18.20.085: RESIDENTIAL INFILL PLANNED DEVELOPMENTS: Lots and parcels of five (5) acres or less within the city, which are located in areas already substantially developed (at least 60 percent of the land area within 300 feet of the boundaries of the parcel), and to which 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 be in the form of recent aerial photographs. In addition, the applicant shall provide documentation of the availability to the site of water, sewer, fire flow and fire protection. Attachment 3 — Current City Code 18.20 PUDs Page 42 Upon recommendation of the commission, the council may approve exceptions to section 18.20.060 of this chapter and: A. The council may allow up to a fifteen percent (15%) increase in the density allowed for the site under the zone as an infill incentive. B. The council may also grant a waiver of the amenity requirement set forth in section 18.20.065 of this chapter with a recommendation from the commission. C. The council may grant waivers or adjustments to the requirements for street widths, setbacks or other design standards if such waivers are deemed appropriate for the development after considering surrounding uses and aesthetics. (Ord. 610 § 3, 2006) 18.20.090: ARRANGEMENT OF COMMERCIAL USES: A. When PUDs include commercial uses, commercial structures and establishments 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 at intersections. Screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas. B. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas. C. 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. (Ord. 241 § 5-9, 1983) 18.20.100: ARRANGEMENT OF INDUSTRIAL USES: A. PUDs may include industrial uses if it can be shown that such development results in more efficient and desirable use of land. B. Industrial uses and parcels shall be developed in parklike surroundings, utilizing landscaping and existing terrain or vegetation as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic. C. Project side yards of forty feet (40') and a rear yard of fifty feet (50') shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right of way line and project building line Attachment 3 — Current City Code 18.20 PUDs Page 43 and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times. (Ord. 241 § 5-10, 1983) 18.20.110: PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT: PUDs are allowed in any land use district within the city; provided the following procedure is utilized and the plan is approved by the city council after appropriate public hearing and review by the land use and development commission. In reviewing any PUD, the land use and development commission and the city council shall take into account the criteria and standards set forth in subsection 18.28.040C of this title. A. The developer shall meet with the public works director to discuss submission of a preliminary development plan and preliminary plat. 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. B. An application for approval of a preliminary development plan and preliminary plat shall be filed with the public works director by a property owner or person having existing interest in the property for which the PUD is proposed. At a minimum, the application shall contain the following information filed in triplicate: 1. Name, address and phone number of applicant. 2. Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan. 3. Legal description of property. 4. Description of existing use. 5. Land use districts. 6. A vicinity map at a scale approved by the engineer, showing property lines, streets, existing and proposed uses to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services, zoning of immediately adjacent property and street names. 7. A preliminary plat at a scale approved by the engineer, showing topography at two foot (2') intervals; location and type of residential, commercial and industrial land uses; layout, dimensions and names of existing and proposed streets; rights of way; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas and such other characteristics as the engineer deems necessary; location and type of residential, commercial and industrial land uses and proposed square footage of all structures. 8. Proposed schedule for the development of the site. 9. Proposed architecture, elevations and building plans. Building plans must include building elevations stating proposed building heights and a statement regarding type and color of building materials with emphasis on architectural design and aesthetic value. Color renderings of building materials and structure should be provided with the application and be in a form to be viewed by the public at all public hearings. 10. Photographs of similar developments, whether developed by applicant or others not related to applicant, shall be provided along with data showing how applicant's proposal conforms as far as elevation, setbacks, buffers, distance between buildings and amenities as well as relation to improvements on adjoining unrelated properties. 11. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years. 12. Proposed square footage of all structures must be indicated. Attachment 3 — Current City Code 18.20 PUDs Page 44 13. Information of immediately adjacent property, including zoning and street names, must be included. The application for a preliminary development plan and preliminary plat shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the PUD would be in the public interest. C. Where any information required by this section is similar to information required to be presented by the developer in compliance with title 17 of this code, such information may be utilized for both purposes. D. The same provision for public hearing and legal notification as set forth in this title for preliminary and final plat approval shall be followed. The applicant or a representative shall be present at all public hearings. Failure to so attend may result in the application being denied or tabled. E. At or within thirty (30) days after the public hearing, the land use and development commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this title; whether the proposed development advances the general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations as well as how the project compares to the standards and criteria of subsection 18.28.040C of this title. The commission shall recommend to the city council whether or not the preliminary development plan and preliminary plat should be approved. The city council, after appropriate notice and hearing, shall review the preliminary development plan and preliminary plat. If approved by the city council, the final development plan shall be submitted to and reviewed by the commission prior to council consideration of the final development plan. F. Upon approval in principle of a preliminary development plan by the city council, an application for approval of the final development plan may be filed with the public works director by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval. At a minimum, the application shall contain the following information: 1. A survey of the proposed development site, 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. 2. All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use consideration suitable for adjacent properties. 3. A schedule for the development of units to be constructed in progression and a description of the design plan(s) for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development. Whenever the applicant proposes an exception from standard land use district regulations or other ordinances governing development the exception shall be clearly listed and defined by the applicant. 4. Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements and nature and extent of earthwork required for site preparation and development. 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. Attachment 3 — Current City Code 18.20 PUDs Page 45 5. Site plan, showing building(s), various functional use areas, circulation and their relationship. 6. Preliminary building plans, including floor plans and exterior elevations. 7. Landscaping plans. 8. Deed restrictions, protective covenants 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. G. Within sixty (60) days after receipt of the final development plan, the commission shall recommend to the city council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The commission shall then transmit all papers constituting the record and the recommendation to the council. The city council shall review the final development plan and approve, approve with supplementary conditions or deny said plan. Approval shall not be given unless the council finds that: 1. The proposed development can be initiated within two (2) years of the date of approval. 2. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations. 3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD. 4. Any proposed commercial development can be justified at the locations proposed. 5. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the commission. 6. The area surrounding said development can be planned and developed in coordination and substantial compatibility with the proposed development. 7. The PUD is in general conformance with the comprehensive plan. 8. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed. 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. H. The approval of a final development plan for a PUD shall be effective for a period not to exceed two (2) years. If no construction has begun within two (2) years after approval has been issued, it shall expire. An extension of the time limit may be approved, without further hearing or recommendation by the commission, if the council finds that such extension is not in conflict with the public interest. Any modification of the final development plan shall be reviewed by the commission and then submitted to the council with the recommendation of the commission for approval, denial or approval with conditions of the proposed modification. (Ord. 755, 2016) Attachment 3 — Current City Code 18.20 PUDs Page 46 CHUBBUCK Memo Planning & Development Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: Land Use & Development Commission From: Don Matson, Planning Manager Date: May 28, 2020 Re: A proposal by city staff to revise an existing chapter of City Code, 18.06 Land Use Definitions, setting forth new definitions for accessory dwellings, awnings, canopies, condominiums, Z lots, pedestrianways, residential structures (townhouses, twin homes, patio homes), and various sign types; to revise definitions for planned unit developments, residential structures (single household dwelling, duplex, apartment building), signs, and zero lot line residences (attached and detached); to rename adult businesses as sexually oriented businesses to be consistent with Chapter 5 of City Code; to add illustrations for Z lots and detached zero lot line residences; to delete the definition of residential rental dwelling; to amend Section 18.08.040 Schedule of General Controls, Residential Dwellings, with consistent terminology for accessory dwellings and zero lot line residences (abutting or detached); and to amend the definition of condominiums in Section 16.08.04 and Section 17.08.04 of City Code to be consistent with the terminology proposed in Chapter 18.06. BACKGROUND Chapter 18.06 of the Chubbuck City Code establishes definitions for land uses and related terms pertinent to implementing City Code and the Comprehensive Plan. As times change and new developments are proposed in the City, including Planned Unit Developments and Creative Communities, the need for revisions and expansions to Chapter 18.06 become necessary. Following a discussion of some of the changes with City Council on December 4, 2019, City Staff took the concerns and drafted an amendment to Chapter 18.06 and related sections in City Code. Per the discussion of the proposed changes with the Land Use and Development Commission on May 12, 2020, City Staff prepared the attached revision. The revision includes renumbering of the various definitions and the illustrations for Z lots and Detached Zero Lot Line Residences. The review and action by the Land Use & Development Commission is a recommendation to the City Council based on the following criteria: 1. The proposal does not conflict with the policies of the Comprehensive Plan; and 2. The proposal will not result in demonstrable adverse impacts upon the delivery of services by political subdivision. Page 1 STAFF RECOMMENDATION Staff finds that the draft code satisfies the criteria necessary to recommend approval of the title text amendment to the City Council, with the two criteria being: 1. The proposal does not conflict with the policies of the Comprehensive Plan: and 2. The proposal will not result in demonstrable adverse impacts upon the delivery of services by the City or other political subdivisions. FACTS PETITIONER: City of Chubbuck Attn: Planning Depart. P.O. Box 5604 Chubbuck, ID 83202 (208) 237-2430 APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §67-6511, Zoning Ordinance; notices of the hearing provided in accordance with Idaho Code 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code a. Notices of the hearing provided in accordance with City Code Chapter 18.28 DECISION-MAKING CRITERIA #1: IC 67-6511- Zoning amendments to not conflict with the policies of the Comprehensive Plan With regards to definitions of terms in Code, the Comprehensive Plan is silent and thus upon review, Staff finds no conflict with the Plan (Available at https://cityofchubbuck.us/wp-content/uploads/2018/01/2002- Comprehensive-Plan.compressed.pdf . #2: IC 67-6511- Zoning amendments to not result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction. Staff does not anticipate any negative impacts upon the delivery of services to the City nor other political subdivisions providing services in the City. Page 2 Disclaimer: *The information presented in this document is based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. Report Prepared by: Don Matson Planning Manager Email: dmatson@cityofchubbuck.us Date: May 28, 2020 ATTACHMENTS 1. Proposed Chapters a. Chapter 18.06 Definitions b. Chapter 18.08.040 Schedule of General Controls by Districts: Residential Dwellings c. Chapter 16.08 Definitions (Condominium) and Chapter 17.08 Definitions (Condominium) 2. Current Chapters a. Chapter 18.06 Definitions b. Chapter 18.08.040 Schedule of General Controls by Districts: Residential Dwellings c. Chapter 16.08 Definitions (Condominium) and Chapter 17.08 Definitions (Condominium) Page 3 ATTACHMENT LA TITLE 18: LAND USE 18.06: DEFINITIONS (PROPOSED) SECTION: 18.06.010: Generally 18 06 020. Abutting Zero Lot Lone Resi denc;e 18.06.030-18.06.020: Accessory Structure 18.06.040! Adult Business 18.06.050-18.06.030: Agriculture 18.06:060:18.06.40: Animal Care Site 18.06.050: Awnina 18.06.070-.18.06.060: Block 18.06.070: Canopy 18.06.080: Childcare Center 18.06.090: Condominium 18.06.090:18.06.100: Drive -In Establishment 18.06.100:18.06.110: Dwelling 18.06.120: Fence, Screening 18.06.130: Fence. Solid Q.^�-v60-18.06.140: Home Occupation 18.^� 060:18.06.150: Household 18.06.130:18.06.160: Kennel 18.06.40:18.06.170: Livestock 18.06.150-.18.06.180: Lot 18.06.190: Lot, Z 18.06.60:18.06.200: Nonconforming Use 18.06.170-.18.06.210: Parking Space 18.06.220: Pedestrianway 406.80:18.06.230: Planned Unit Development (PUD) 18:06:190:18.06.240: Production Building Attachment 1— Proposed Changes P. 1 18.^0-0 5:18.06.250: Recycling Center 18.06.200.! Residential Dental D Biel ag 18.00-18.06.260: Residential Structures 18.00-18.06.270: Salvage Site 18.06.230, SGreening 1-enre 18.^� X4^0:18.06.280: Self -Service Storage Facility 18.06.290: Sexually Oriented Business 48.^� 06250:18.06.300: Shop 18.06.260:18.06.310: Sign 18.06.320: Sign Types 14.0x-06 0:18.06.330: Site Building 18.06.2-80 Solid FenGe 14.^T0 06.2°0-18.06.340: Store (Noun) 486 380 0 18.06.350: Street 18.06.31 0 -ml 8.06.360: Structure 1 4.^T0 06 320:18.06.370: Use 18.06.330:18.06.380: Vehicle Repair Site 406.340:18.06.390: Vehicle Sales Site 1806.350:18.06.400: Vehicle Storage Site 18.06.360-.18.06.410: Yard 18.06.370.! Zero Lot Line Firewall (Den by Ord. 755, 7046) 18.06.380, Zero Lot Line Residence 18.06.010: GENERALLY: For purposes of this title, the terms set forth are herein defined. 18.06.-030:18.06.020: ACCESSORY STRUCTURE: A "structure" (defined herein) which is located on the same lot with, and erected concurrently with or subsequent to, a principal structure, and which is used in a manner incidental and subordinate to the principal structure which exceeds two hundred (200) square feet thereby requiring a building permit. See subsection 18.12.030A of this Title for supplemental reauirements for accessory structures. Attachment 1— Proposed Changes p. 2 18.06.040; ADULT 1 91 I 18.06.050.18.06.030: AGRICULTURE: The tilling of soil, the raising of crops, commercial horticultural and gardening, but it does not include the keeping or raising of any animals except in compliance with applicable ordinances, nor does it include agricultural industry or businesses such as fruit packing plants, fur farms, kennels, feedlots or slaughterhouses. 48.06.060:18.06.40: ANIMAL CARE SITE: Any location, other than a kennel, where three (3) or more animals older than six (6) months are kept for sale or for compensated services such as treatment, training or boarding. 18.06.050: AWNING: A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position aaainst the buildina when not in use. 18:06:070:18.06.060: BLOCK: A piece or parcel of land or group of lots surrounded by public streets, streams, railroads or parks or a combination thereof. 18.06.070: CANOPY: A structure other than an awning made of fabric, metal, or other material that is supported columns or posts affixed to the around and may also be connected to a buildina. 18.06.080: CHILDCARE CENTER: Any place, home, structure or location where care is provided, for compensation, during part or all of the twenty four (24) hour day, to five (5) or more persons under the age of eighteen (18) years not related by blood, adoption or marriage to the owner, tenant or manager of the premises. Such term specifically includes daycare centers, nurseries, kindergartens or other facilities providing care for children during the day or night; but does not include schools that have received conditional use permits under this title. 18.06.090: CONDOMINIUM: An estate consistina of an undivided interest in common in real orooerty. in an interest or interests in real property, or in any combination thereof, together with a separate interest or interests in real property, or in any combination thereof, as defined in state code. A condominium may refer to an apartment, townhouse or single household dwelling that meets these criteria, as well as commercial or other non-residential properties. X06:090:18.06.100: DRIVE-IN ESTABLISHMENT: A business location designed to allow provisions of goods or services to customers who remain in or on vehicles. 18.06.100-.18.06.110: DWELLING: A structure used for residential purposes by one or more households, but excludes hotels, motels and other transient housing which provides accommodations on a daily or weekly rental. Attachment 1— Proposed Changes p. 3 18.06.120: FENCE, SCREENING: A fence which significantly obstructs the view from one side of the fence to the other, and includes a fence composed of block, wood, concrete or other masonry products, and a chainlink fence with a single layer of slats inserted diagonally. The slats for a chainlink fence must be approved by the city building official, building inspector or their designee prior to installation. 18.06.130: FENCE, SOLID: A fence which completely obstructs the view from one side of the fence to the other. A chainlink fence with two (2) sets of slats inserted diagonally and at right angles to each other is a solid fence under this title. A chainlink fence with a single layer of slats will not qualify as a solid fence. The slats for a chainlink fence must be approved by the city building official, building inspector or their designee prior to installation. 18:06.110:18.06.140: HOME OCCUPATION: Any economic activity, conducted entirely within a dwelling structure which is clearly incidental and secondary to the use of the structure for residential purposes, and which meets the conditions and requirements set forth in section 18.12.032 of this title. 18.06.120:18.06.150: HOUSEHOLD: One or more persons living together as a single economic and housekeeping unit. 18.030.18.06.160: KENNEL: A. Hobby Kennels: Any location other than a veterinary hospital and a commercial kennel where three (3) or more dogs over four (4) months of age are kept. B. Commercial Kennels: 1. Any location where one or more female dogs are kept primarily for breeding and the offspring thereof are sold for profit, and 2. Any location other than a veterinary hospital, where dogs are received for boarding and/or care. 48.0140:18.06.170: LIVESTOCK: Cows, inclusive of all bovine; sheep, inclusive of all ovine; goats, inclusive of all caprine; horses, inclusive of all equine; rabbits; and fowl, inclusive of all turkeys, chickens, ducks, geese and pigeons. 18.06.150-.18.06.180: LOT: A piece or parcel of land separated from other pieces or parcels by description, as on a plat or record of survey map, or by metes and bounds for purposes of sale, lease or separate use. 18.06.190 LOT, Z: A parcel with lot lines that are ziq-zapped or mopped, and placed in a series of similarly shaped and/or relatively small lots within a subdivision. Also referred to as a zipper lot. Z lots may be developed with or without zero lot line residences. Attachment 1— Proposed Changes p. 4 Z lot Illustration: Z lots can create more useable side or rear yards and/or allow side or rear windows to capture wider views of the outdoors. In this configuration the wide and shallow back yards (shown by the dashed line) are modified to create more useable, deeper yards (solid lines). 18.06.160:18.06.200: NONCONFORMING USE: A use which complied with all existing laws at the time this title became effective, but does not conform to the regulations prescribed herein. 18.06.70:18.06.210: PARKING SPACE: An area on land or within a structure, comprising no less than one hundred eighty (180) square feet, which is designed for the parking or storage of one vehicle and which has adequate ingress and egress drives. 18.06.220: PEDESTRIANWAY: A walk extending entirely through a block from street to street or providing access to a school, park, recreation area, residential neighborhood, or commercial or industrial area. 18.080:18.06.230: PLANNED UNIT DEVELOPMENT (PUD): 8R, -A development of one or more land uses and several structures embracing of laR d uses Within an integrated and harmonious scheme, developed under unified control. 918.06.240: PRODUCTION BUILDING: A structure intended for human occupancy or use which is fabricated at a location other than the site where it is intended to be so occupied or used, and which arrives at the occupancy site as a building ready for occupancy or use except for minor and incidental unpacking and assembly, placement on foundation or supports (if any), connection to utilities and the like. Attachment 1— Proposed Changes p. 5 2 2 = 2 D ❑ ❑ ❑ C C C Ln Ln N VI M M (D lD Garage Garage Garage Garage I I I I I I I Garage I 111 I I I I I Garage 1 1 I I Garage I I I I 1 1 Garage 1 IIS II U I� �'ll� U I^' U IIS II ILn I �� I I I �- 1 I I � I' I I I •- I i 18.06.160:18.06.200: NONCONFORMING USE: A use which complied with all existing laws at the time this title became effective, but does not conform to the regulations prescribed herein. 18.06.70:18.06.210: PARKING SPACE: An area on land or within a structure, comprising no less than one hundred eighty (180) square feet, which is designed for the parking or storage of one vehicle and which has adequate ingress and egress drives. 18.06.220: PEDESTRIANWAY: A walk extending entirely through a block from street to street or providing access to a school, park, recreation area, residential neighborhood, or commercial or industrial area. 18.080:18.06.230: PLANNED UNIT DEVELOPMENT (PUD): 8R, -A development of one or more land uses and several structures embracing of laR d uses Within an integrated and harmonious scheme, developed under unified control. 918.06.240: PRODUCTION BUILDING: A structure intended for human occupancy or use which is fabricated at a location other than the site where it is intended to be so occupied or used, and which arrives at the occupancy site as a building ready for occupancy or use except for minor and incidental unpacking and assembly, placement on foundation or supports (if any), connection to utilities and the like. Attachment 1— Proposed Changes p. 5 A. Class I Production Building: A "production building", as defined above: 1. From which all axles, hitches and other appurtenances for transportation have been removed; 2. Which is affixed to a permanent foundation; 3. Which is not less than twenty four feet (24') wide at its shortest dimension; 4. Which is determined by the city building official to possess the typical design and exterior construction characteristics of site buildings as defined herein; 5. Which conforms to the building codes and standards including (without limitation) the international residential code, as amended, applicable to site buildings as defined herein; and 6. Which is used as a permanent dwelling. B. Class 11 Production Building: A "production building", as defined above, that: 1. Satisfies subsections Al and A2 of this section; 2. Was produced since June 15, 1976; 3. Was produced in compliance with the mobile home construction and safety standards of the United States department of housing and urban development (or such other codes or standards as may be from time to time propounded by HUD or a successor agency); 4. Is used as a permanent dwelling; 5. Is multisectional and encloses a space of not less than one thousand (1,000) square feet; 6. Hasa pitched roof with a minimum slope of sixteen percent (16%) (2:12); 7. Has exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings; 8. Hasa masonry foundation or foundation fascia that is similar in appearance and durability to masonry foundation of site built dwellings, as approved by the city building official, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade; 9. Is permanently fixed, and set upon a permanent excavated and backfilled foundation having an anchoring system that is totally concealed under the structure and is such that the home is located not more than twelve inches (12") above grade; 10. Is installed on site following the issuance of a valid building permit and any other permits required by code or ordinance; 11. Complies with all other applicable requirements of the land use district in which the production building is located, including, but not limited to, lot size and setback requirements; 12. Has a design and appearance which is congruent with the predominant design and appearance of other site buildings in the existing neighborhood. Attachment 1— Proposed Changes p. 6 A production building which would meet the definition of a class II production building but for the fact it was produced prior to June 15, 1976, shall be deemed to be a class II production building if it has been issued a certificate of compliance pursuant to title 44, chapter 25, Idaho Code. C. Class III Production Building: A "production building", as defined above, that does not satisfy all of the class I or class II criteria set forth above, but is used as a permanent dwelling. After May 1, 1999, no class II I production buildings produced prior to June 15, 1976, shall be moved into the city or relocated from one site within the city to another site within the city unless it has been issued a certificate of compliance pursuant to title 44, chapter 25, Idaho Code. D. Nonresidential Production Building: A production building which is not used as a "dwelling", as that term is defined herein and which satisfies subsections Al through A5 of this section. E. Production Building Cluster Arrangement: A subdivision, park, court or other area that: 1) is intended for residential use where residence is in production buildings exclusively and which is constructed, built and maintained in conformance with subsection 18.12.0301 of this title; or 2) is located in an area which was included in the R -2T use district by Chubbuck city ordinance 98, regardless of whether said subdivision, park, court or area was or is constructed, built or maintained in conformance with subsection 18.12.0301 of this title. 18.^� �°5-.18.06.250: RECYCLING CENTER: Any location where junk, waste or discarded, dismantled or salvaged materials are not being restored to operation, but excluding animal products, are stored, handled, crushed, processed, recycled or further dismantled or salvaged for reprocessing but which items are not held on site for periods exceeding sixty (60) days and are not held for resale at the location but are sold to third parties off site. 18.^,o 06.210-.18.06.260: RESIDENTIAL STRUCTURES: Are defined as including the following: A. Single household dwelling: A structure containing no more than one household or living unit, including a dwelling that may contain a qualified accessory dwelling unit. B. Duplex: A structure containing no more than two (2) households or living units on one parcel. The dwellings may be side by side or above and below (see also Twin Home). C. Threeplex: A structure containing three (3) households or living units. D. Fourplex: A structure containing four (4) households or living units. Attachment 1— Proposed Changes p. 7 E. Townhouse: A single dwelling in a structure containing three (3) to eight (8) households or living units on separate lots with common walls between them, having ground level access and all exits open directly to the outside. Also referred to as a townhome or row house. F. Twin Home: A structure containing no more than two (2) households or living units on separate parcels, side by side with a common wall between them (see also Duplex and Zero Lot Line Residence. Attached). G. Patio Home: A single household dwelling, clustered with other similar homes, having small yards and access via a common court. H. Apartment building: A structure ^F ^^""''e" of StFUGtUres containing five (5) or more households or living units, excluding townhouses. I. Accessory Dwelling: A residential dwelling unit within the same building as a single household dwelling, in a detached building such as a quest house, or attached to a garage, and located on the same lot as the single household dwelling. An accessory dwelling unit may also be attached to or associated with a non-residential structure or land use, such as a caretaker unit, parsonage, live -work unit, or loft apartment. Such dwelling units are subordinate to the Primary land use. Multiple apartments above or behind commercial space in mixed-use buildings are not considered accessory dwellings. J. Zero Lot Line Residence, Attached: Two (2) or more zero lot line residences that abut each other on a common boundary and each are built to building code standards. An abutting zero lot line residence shall be constructed with zero lot line firewalls as required by the building code. (See also Townhouse and Twin Home.) K. Zero Lot Line Residence, Detached: A single household dwelling built on a subdivision lot line with one or more sides having zero setback from the property line. It is detached from other residences or structures, and typically has a maintenance easement on the adjoining property for access to the exterior or roof. A zero lot line residence is built to building code standards for a single household dwelling. Zero Lot Line Detached Illustration: Zero lot line detached homes have side yards combined for openness and more useable space — maintenance easements are recorded on the opposing lots. Hojse House House House House Garage Garage Garage Garage Attachment 1— Proposed Changes p. 8 18.^06.22018.06.270: SALVAGE SITE: Any outdoor location where junk, waste or discarded, dismantled or salvaged materials, including, but not limited to, motor vehicles, not in operating condition and not being restored to operation, but excluding animal products, are stored, handled, processed, dismantled or salvaged and held on site for resale for periods exceeding sixty (60) days. 18.^^0-:18.06.280: SELF-SERVICE STORAGE FACILITY: A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractor's supplies. 18.08.290: SEXUALLY ORIENTED BUSINESS: A business which derives more than five percent (5%) of its gross income from selling or rentin any of the materials described in Idaho Code section 18-1514 or which sells or rents any of the material described in Idaho Code section 18-4105. 18.06.250-.18.06.300: SHOP: A location where manufacturing, fabrication or assembly activities are conducted. 18.06.260:18.06.310: SIGN: Any visual device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message. Sign includes the sign faces as well as any sign supporting structure. designed er'used to Gonye y infOrmatiOR 18.06.320: SIGN TYPES: For the purposes of this Code, the following definitions shall apply: A. Awning Sign: Any sign painted on, or applied to, an awning. B. Canopy Sign: Any sign that is part of, or attached to, a canopy. C. Monolith Sign: A narrow, high profile sign permanently affixed to the ground at its base, supported by a base structure and/or with a supporting structure completely covered or contained within the sign cabinet structure. D. Monument Sign: A low profile sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole. Also referred to as a ground sign. E. Pole Sign: A high profile sign permanently affixed to the ground at its base, supported entirely by a base structure and/or with a supporting structure of one (1) or more poles, with the support structure partially or entirely exposed. F. Projecting Sign: A building -mounted, double -sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marauee. Also known as a blade sian. G. Pylon Sign: A high profile sign permanently affixed to the ground at its base, supported entirely by a base structure and/or with a supporting structure of one (1) or more poles, with the Attachment 1- Proposed Changes P. 9 support structure entirely concealed or encased in architectural embellishments such as wood. or faux stone and may be similar to the desian of the adiacent buildina(s). H. Roof Sign: A building -mounted sign erected upon, against, or over the roof of a building. I. Site Directional Sign: Small signs designed to provide directions or other information to edestrian. bicvcle. and slow-movina vehicular traffic into. out of. or within a site. J. Wall Sign: A building -mounted sign which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall sign. Fascia signs, parallel wall signs, and band signs are also considered wall sians. K. Window Sign: A sign that is posted, attached, painted or placed in or on a window, or a sign that is located within three feet (3') of the inside of a window. 18.^^0-:18.06.330: SITE BUILDING: A structure intended for human occupancy or use which is primarily fabricated at the site where it is intended to be so occupied or used. 18.06.290-.18.06.340: STORE (NOUN): A location where retail sales of goods or services are conducted. 18.06.30018.06.350: STREET: A way for vehicular traffic except: A. Parking lot or area for traffic movement within the parking lot; B. A way that serves or is intended to serve less than three (3) households. 18.060:18.06.360: STRUCTURE: Any construction or improvement, other than a driveway or other hard surface at ground level, upon or within land, and including buildings, signs and walls or fences more than six feet (6) in height. 18.^�0-.18.06.370: USE: Any purpose for which land or a structure is designed, arranged or intended, or for which it is or may be occupied, utilized or maintained. 18.06.330:18.06.380: VEHICLE REPAIR SITE: Any location where automobiles, trucks, trailers, motor homes, campers and other vehicles, mobile equipment or appurtenances thereof are repaired, reconditioned, rebuilt, painted, otherwise subject to mechanical or structural work or are stored for less than fifteen (15) days while awaiting such repairs or work. Attachment 1— Proposed Changes P. 10 46:06:3418.06.390: VEHICLE SALES SITE: Any location where automobiles, trucks, trailers, campers and other vehicles, mobile equipment or appurtenances thereof, are sold or rented, and where no work is performed on said items except incidental preparation for display or shipment. 46:06:360:18.06.400: VEHICLE STORAGE SITE: Any outdoor location used for the storage, under restrictions imposed by this title, of operable vehicles or mobile equipment including, but not limited to, automobiles, trucks, trailers, motor homes and campers, unless such vehicles are dismantled, salvaged or in the process of being salvaged, in which case such location shall be regarded as a salvage site, and unless all such vehicles are stored for less than fifteen (15) days at a vehicle repair site while awaiting repairs, in which case such location shall be regarded as a vehicle repair site. For purposes of this definition, a vehicle or mobile equipment is salvaged or in the process of being salvaged if it is not in operating condition, is not being restored to operation, and is used or is to be used for scrap metal or used parts. 18.06.360:18.06.410: YARD: Open land on the same lot with a structure. A. Front yard: The space extended straight across the full width of the lot adjacent to the front street line, except where the "side yard" overlaps. B. Rear yard: The space extending straight across the full width of the lot adjacent to the rear lot line, except where the "side yard" overlaps. C. Side yard: The space extending from the front yard line to the rear yard line between the side lot line and the nearest wall of the principal structure. D. Yard setback: The distance from the nearest wall of the principal structure to the front street line, rear lot line or side lot line, as indicated by the context. E. Yard width: Distance between side lot lines at the required structure front yard setback line. 18.06.370: ZERO LOTLINE FIREWALL; (Rep by Ord 755 7019.1 LIQ 06 380; ZERO LOT ESIIIENCE• �-arvv�. v�c��cvzvr �rv�r�-vim Attachment 1— Proposed Changes P. 11 ATTACHMENT LB TITLE 18: LAND USE 18.08 LAND USE DISTRICTS AND GENERAL CONTROLS (PROPOSED) SECTION: 18.08.040: Schedule of General Controls by Districts: Residential Dwellings Land Uses Land Use Districts A R-1 R-2 R-3 R-4 C-1 C-2 I Residential Dwellings (subject to density restrictions): Single household dwelling P P P P C C C X Duplex (subject to restrictions) C X C P P C C X Threeplex X X X P P C C C Fourplex X X X P P C C C Apartment building X X X X P C C C Residential rental Accessory dwelling C PZ PZ P P P C C Zero lot line residence, abutting or detached (subject to restrictions) C C P P P C C X Attachment 1— Proposed Changes p. 12 ATTACHMENT LC TITLE 16: LAND IMPROVEMENT STANDARDS 16.08: DEFINITIONS SECTION: i[:1�11:1 11,PZd*]►IBIG] JiI1►101Ji "Condominium" means a development of land nreatinn a crhomo of interests in real nreper4., defiRed as a "^nndnmini,,m" in the an estate consisting of an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with a separate interest or interests in real property, or in any combination thereof as defined in state code. A condominium may refer to an apartment, townhouse or single household dwelling that meets these criteria, as well as commercial or other non-residential properties. TITLE 17: LAND DEVELOPMENT 17.08: DEFINITIONS SECTION: 17.08.040 CONDOMINIUM "Condominium" means a development of Iand nrootinn a onhomo of interests in real nrnnor+., defined as a "GGRdomipi, Rq" ip the an estate consisting of an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with a separate interest or interests in real property, or in any combination thereof as defined in state code. A condominium may refer to an apartment, townhouse or single household dwelling that meets these criteria, as well as commercial or other non-residential properties. Attachment 1— Proposed Changes p. 13 ATTACHMENT 2.A TITLE 18.06 18.06 DEFINITIONS (EXISTING CODE) SECTION: 18.06.010: Generally 18.06.020: Abutting Zero Lot Line Residence 18.06.030: Accessory Structure 18.06.040: Adult Business 18.06.050: Agriculture 18.06.060: Animal Care Site 18.06.070: Block 18.06.080: Childcare Center 18.06.090: Drive -In Establishment 18.06.100: Dwelling 18.06.110: Home Occupation 18.06.120: Household 18.06.130: Kennel 18.06.140: Livestock 18.06.150: Lot 18.06.160: Nonconforming Use 18.06.170: Parking Space 18.06.180: Planned Unit Development (PUD) 18.06.190: Production Building 18.06.195: Recycling Center 18.06.200: Residential Rental Dwelling 18.06.210: Residential Structures 18.06.220: Salvage Site 18.06.230: Screening Fence 18.06.240: Self -Service Storage Facility 18.06.250: Shop 18.06.260: Sign 18.06.270: Site Building 18.06.280: Solid Fence 18.06.290: Store (Noun) 18.06.300: Street 18.06.310: Structure 18.06.320: Use 18.06.330: Vehicle Repair Site 18.06.340: Vehicle Sales Site 18.06.350: Vehicle Storage Site 18.06.360: Yard 18.06.370: Zero Lot Line Firewall (Rep. by Ord. 755, 2016) 18.06.380: Zero Lot Line Residence 18.06.010: GENERALLY: For purposes of this title, the terms set forth are herein defined. (Ord. 620 §1, 2006) 18.06.020: ABUTTING ZERO LOT LINE RESIDENCE: Two (2) zero lot line residences that abut each other on a common boundary and each are built to building code standards. An abutting zero lot line residence shall be constructed with zero lot line firewalls as required by the building code. (Ord. 620 §1, 2006) 18.06.030: ACCESSORY STRUCTURE: A "structure" (defined herein) which is located on the same lot with, and erected concurrently with or subsequent to, a principal structure, and which is used in a manner incidental and subordinate to the principal structure which exceeds two hundred (200) square feet thereby requiring a building permit. (Ord. 755, 2016) 18.06.040: ADULT BUSINESS: A business which derives more than five percent (5%) of its gross income from selling or renting any of the materials described in Idaho Code section 18-1514 or which sells or rents any of the material described in Idaho Code section 18-4105. (Ord. 620 §1, 2006) 18.06.050: AGRICULTURE: The tilling of soil, the raising of crops, commercial horticultural and gardening, but it does not include the keeping or raising of any animals except in compliance with applicable ordinances, nor does it include agricultural industry or businesses such as fruit packing plants, fur farms, kennels, feedlots or slaughterhouses. (Ord. 620 §1, 2006) 18.06.060: ANIMAL CARE SITE: Any location, other than a kennel, where three (3) or more animals older than six (6) months are kept for sale or for compensated services such as treatment, training or boarding. (Ord. 620 §1, 2006) 18.06.070: BLOCK: A piece or parcel of land or group of lots surrounded by public streets, streams, railroads or parks or a combination thereof. (Ord. 755, 2016) 18.06.080: CHILDCARE CENTER: Any place, home, structure or location where care is provided, for compensation, during part or all of the twenty four (24) hour day, to five (5) or more persons under the age of eighteen (18) years not related by blood, adoption or marriage to the owner, tenant or manager of the premises. Such term specifically includes daycare centers, nurseries, kindergartens or other facilities providing care for children during the day or night; but does not include schools that have received conditional use permits under this title. (Ord. 620 §1, 2006) 18.06.090: DRIVE-IN ESTABLISHMENT: A business location designed to allow provisions of goods or services to customers who remain in or on vehicles. (Ord. 620 §1, 2006) 18.06.100: DWELLING: A structure used for residential purposes by one or more households, but excludes hotels, motels and other transient housing which provides accommodations on a daily or weekly rental. (Ord. 620 §1, 2006) 18.06.110: HOME OCCUPATION: Any economic activity, conducted entirely within a dwelling structure which is clearly incidental and secondary to the use of the structure for residential purposes, and which meets the conditions and requirements set forth in section 18.12.032 of this title. (Ord. 755, 2016) 18.06.120: HOUSEHOLD: One or more persons living together as a single economic and housekeeping unit. (Ord. 620 §1, 2006) 18.06.130: KENNEL: A. Hobby Kennels: Any location other than a veterinary hospital and a commercial kennel where three (3) or more dogs over four (4) months of age are kept. B. Commercial Kennels: 1. Any location where one or more female dogs are kept primarily for breeding and the offspring thereof are sold for profit, and 2. Any location other than a veterinary hospital, where dogs are received for boarding and/or care. (Ord. 620 §1, 2006) 18.06.140: LIVESTOCK: Cows, inclusive of all bovine; sheep, inclusive of all ovine; goats, inclusive of all caprine; horses, inclusive of all equine; rabbits; and fowl, inclusive of all turkeys, chickens, ducks, geese and pigeons. (Ord. 620 §1, 2006) 18.06.150: LOT: A piece or parcel of land separated from other pieces or parcels by description, as on a plat or record of survey map, or by metes and bounds for purposes of sale, lease or separate use. (Ord. 620 §1, 2006) 18.06.160: NONCONFORMING USE: A use which complied with all existing laws at the time this title became effective, but does not conform to the regulations prescribed herein. (Ord. 620 §1, 2006) 18.06.170: PARKING SPACE: An area on land or within a structure, comprising no less than one hundred eighty (180) square feet, which is designed for the parking or storage of one vehicle and which has adequate ingress and egress drives. (Ord. 620 §1, 2006) 18.06.180: PLANNED UNIT DEVELOPMENT (PUD): One or more structures embracing a combination of land uses within an integrated and harmonious scheme, developed under unified control. (Ord. 755, 2016) 18.06.190: PRODUCTION BUILDING: A structure intended for human occupancy or use which is fabricated at a location other than the site where it is intended to be so occupied or used, and which arrives at the occupancy site as a building ready for occupancy or use except for minor and incidental unpacking and assembly, placement on foundation or supports (if any), connection to utilities and the like. A. Class I Production Building: A "production building", as defined above: 1. From which all axles, hitches and other appurtenances for transportation have been removed; 2. Which is affixed to a permanent foundation; 3. Which is not less than twenty four feet (24') wide at its shortest dimension; 4. Which is determined by the city building official to possess the typical design and exterior construction characteristics of site buildings as defined herein; 5. Which conforms to the building codes and standards including (without limitation) the international residential code, as amended, applicable to site buildings as defined herein; and 6. Which is used as a permanent dwelling. B. Class II Production Building: A "production building", as defined above, that: 1. Satisfies subsections Al and A2 of this section; 2. Was produced since June 15, 1976; 3. Was produced in compliance with the mobile home construction and safety standards of the United States department of housing and urban development (or such other codes or standards as may be from time to time propounded by HUD or a successor agency); 4. Is used as a permanent dwelling; 5. Is multisectional and encloses a space of not less than one thousand (1,000) square feet; 6. Hasa pitched roof with a minimum slope of sixteen percent (16%) (2:12); 7. Has exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings; 8. Hasa masonry foundation or foundation fascia that is similar in appearance and durability to masonry foundation of site built dwellings, as approved by the city building official, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade; 9. Is permanently fixed, and set upon a permanent excavated and backfilled foundation having an anchoring system that is totally concealed under the structure and is such that the home is located not more than twelve inches (12") above grade; 10. Is installed on site following the issuance of a valid building permit and any other permits required by code or ordinance; 11. Complies with all other applicable requirements of the land use district in which the production building is located, including, but not limited to, lot size and setback requirements; 12. Has a design and appearance which is congruent with the predominant design and appearance of other site buildings in the existing neighborhood. A production building which would meet the definition of a class 11 production building but for the fact it was produced prior to June 15, 1976, shall be deemed to be a class 11 production building if it has been issued a certificate of compliance pursuant to title 44, chapter 25, Idaho Code. C. Class III Production Building: A "production building", as defined above, that does not satisfy all of the class I or class 11 criteria set forth above, but is used as a permanent dwelling. After May 1, 1999, no class III production buildings produced prior to June 15, 1976, shall be moved into the city or relocated from one site within the city to another site within the city unless it has been issued a certificate of compliance pursuant to title 44, chapter 25, Idaho Code. D. Nonresidential Production Building: A production building which is not used as a "dwelling", as that term is defined herein and which satisfies subsections Al through A5 of this section. E. Production Building Cluster Arrangement: A subdivision, park, court or other area that: 1) is intended for residential use where residence is in production buildings exclusively and which is constructed, built and maintained in conformance with subsection 18.12.0301 of this title; or 2) is located in an area which was included in the R -2T use district by Chubbuck city ordinance 98, regardless of whether said subdivision, park, court or area was or is constructed, built or maintained in conformance with subsection 18.12.0301 of this title. (Ord. 717, 2012) 18.06.195: RECYCLING CENTER: Any location where junk, waste or discarded, dismantled or salvaged materials are not being restored to operation, but excluding animal products, are stored, handled, crushed, processed, recycled or further dismantled or salvaged for reprocessing but which items are not held on site for periods exceeding sixty (60) days and are not held for resale at the location but are sold to third parties off site. (Ord. 708, 2011) 18.06.200: RESIDENTIAL RENTAL DWELLING: A term used to describe a single-family dwelling in which all, or a portion of, the structure is made available for nontransient lodging for compensation for any household unit as defined herein other than the owner of the premises, whether or not the owner also occupies the premises. Multi -unit dwellings (apartment buildings, threeplexes or fourplexes) are not included. A single- family dwelling converted to allow a small apartment for either a family member or a nonfamily member may be conditionally permitted if the use does not adversely impact the neighborhood with appropriate conditions. As part of the factors to be considered, in addition to those set forth in section 18.28.040 of this title, shall be whether the dwelling is owner occupied, whether adequate off street parking is available, whether neighboring property owners object, and what provisions are made for the general upkeep of the property. (Ord. 628 §1, 2006) 18.06.210: RESIDENTIAL STRUCTURES: Are defined as including the following: A. Single household dwelling: A structure containing no more than one household or living unit. B. Duplex: A structure containing no more than two (2) households or living units. C. Threeplex: A structure containing three (3) households or living units. D. Fourplex: A structure containing four (4) households or living units. E. Apartment building: A structure or complex of structures containing five (5) or more households or living units. (Ord. 620 §1, 2006) 18.06.220: SALVAGE SITE: Any outdoor location where junk, waste or discarded, dismantled or salvaged materials, including, but not limited to, motor vehicles, not in operating condition and not being restored to operation, but excluding animal products, are stored, handled, processed, dismantled or salvaged and held on site for resale for periods exceeding sixty (60) days. (Ord. 708, 2011) 18.06.230: SCREENING FENCE: A fence which significantly obstructs the view from one side of the fence to the other, and includes a fence composed of block, wood, concrete or other masonry products, and a chainlink fence with a single layer of slats inserted diagonally. The slats for a chainlink fence must be approved by the city building official, building inspector or their designee prior to installation. (Ord. 620 §1, 2006) 18.06.240: SELF-SERVICE STORAGE FACILITY: A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractor's supplies. (Ord. 620 §1, 2006) 18.06.250: SHOP: A location where manufacturing, fabrication or assembly activities are conducted. (Ord. 620 §1, 2006) 18.06.260: SIGN: Any visual device designed or used to convey information. (Ord. 620 §1, 2006) 18.06.270: SITE BUILDING: A structure intended for human occupancy or use which is primarily fabricated at the site where it is intended to be so occupied or used. (Ord. 620 §1, 2006) 18.06.280: SOLID FENCE: A fence which completely obstructs the view from one side of the fence to the other. A chainlink fence with two (2) sets of slats inserted diagonally and at right angles to each other is a solid fence under this title. A chainlink fence with a single layer of slats will not qualify as a solid fence. The slats for a chainlink fence must be approved by the city building official, building inspector or their designee prior to installation. (Ord. 620 §1, 2006) 18.06.290: STORE (NOUN): A location where retail sales of goods or services are conducted. (Ord. 620 §1, 2006) 18.06.300: STREET: A way for vehicular traffic except: A. Parking lot or area for traffic movement within the parking lot; B. A way that serves or is intended to serve less than three (3) households. (Ord. 755, 2016) 18.06.310: STRUCTURE: Any construction or improvement, other than a driveway or other hard surface at ground level, upon or within land, and including buildings, signs and walls or fences more than six feet (6) in height. (Ord. 620 §1, 2006) 18.06.320: USE: Any purpose for which land or a structure is designed, arranged or intended, or for which it is or may be occupied, utilized or maintained. (Ord. 620 §1, 2006) 18.06.330: VEHICLE REPAIR SITE: Any location where automobiles, trucks, trailers, motor homes, campers and other vehicles, mobile equipment or appurtenances thereof are repaired, reconditioned, rebuilt, painted, otherwise subject to mechanical or structural work or are stored for less than fifteen (15) days while awaiting such repairs or work. (Ord. 620 §1, 2006) 18.06.340: VEHICLE SALES SITE: Any location where automobiles, trucks, trailers, campers and other vehicles, mobile equipment or appurtenances thereof, are sold or rented, and where no work is performed on said items except incidental preparation for display or shipment. (Ord. 620 §1, 2006) 18.06.350: VEHICLE STORAGE SITE: Any outdoor location used for the storage, under restrictions imposed by this title, of operable vehicles or mobile equipment including, but not limited to, automobiles, trucks, trailers, motor homes and campers, unless such vehicles are dismantled, salvaged or in the process of being salvaged, in which case such location shall be regarded as a salvage site, and unless all such vehicles are stored for less than fifteen (15) days at a vehicle repair site while awaiting repairs, in which case such location shall be regarded as a vehicle repair site. For purposes of this definition, a vehicle or mobile equipment is salvaged or in the process of being salvaged if it is not in operating condition, is not being restored to operation, and is used or is to be used for scrap metal or used parts. (Ord. 620 §1, 2006) 18.06.360: YARD: Open land on the same lot with a structure. A. Front yard: The space extended straight across the full width of the lot adjacent to the front street line, except where the "side yard" overlaps. B. Rear yard: The space extending straight across the full width of the lot adjacent to the rear lot line, except where the "side yard" overlaps. C. Side yard: The space extending from the front yard line to the rear yard line between the side lot line and the nearest wall of the principal structure. D. Yard setback: The distance from the nearest wall of the principal structure to the front street line, rear lot line or side lot line, as indicated by the context. E. Yard width: Distance between side lot lines at the required structure front yard setback line. (Ord. 620 §1, 2006) 18.06.370: ZERO LOT LINE FIREWALL: (Rep. by Ord. 755, 2016) 18.06.380: ZERO LOT LINE RESIDENCE: A single-family residence built on a subdivision lot with one side with zero setback from the property line. A zero lot line residence is built to building code standards for a single-family dwelling. (Ord. 620 §1, 2006) ATTACHMENT 2.B TITLE 18.08 18.06 DEFINITIONS (EXISTING CODE) SECTION: 18.08.040: Schedule of General Controls by Districts: Residential Dwellings Land Uses Land Use Districts A R-1 R-2 R-3 R-4 C-1 C-2 I Residential Dwellings (subject to density restrictions): Single household dwelling P P P P C C C X Duplex (subject to restrictions) C X C P P C C X Threeplex X X X P P C C C Fourplex X X X P P C C C Apartment building X X X X P C C C Residential rental dwelling C Pz P2 P P P C C Zero lot line residence (subject to restrictions) C C P P P C C X ATTACHMENT 2.0 TITLE 16: LAND IMPROVEMENT STANDARDS 16.08: DEFINITIONS (EXISTING CODE) SECTION: 16.08.040: CONDOMINIUM: "Condominium" means a development of land creating a scheme of interests in real property defined as a "condominium" in the state code. (Ord. 207 §1-5(C), 1979) TITLE 17: LAND DEVELOPMENT 17.08: DEFINITIONS (EXISTING CODE) SECTION: 16.08.040: CONDOMINIUM: "Condominium" means a development of land creating a scheme of interests in real property defined as a "condominium" in the state code. (Ord. 206 §1-5(C), 1979) 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 CHUBBUCK CITY HALL PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON JUNE 9, 2020 STAFF FINDINGS SUMMARIZED After reviewing the proposed Chubbuck City Hall preliminary plat, Staff finds that it appears to meet most code requirements and that complete conformance may be obtained with the following conditions and waivers: A fire hydrant is to be placed near the entrance to the building. It will need to be positioned so it will not block the entrance when they lay a line for the building Road names should be discussed and determined for Road A and B. The Commission may want to suggest names. A deviation for road A's location on Burley Drive to not line up with approach across Burley as proposed. Justifications for the deviation include (but are not limited to): 1) the need to create smaller, more walkable blocks, 2) the road is as far north as possible on the site to stay away from the Burley -Linden intersection, 3) the downtown plan will likely have its own access management guidelines and regulations, 4) the eastern approach is to a currently vacant lot with two approaches, and 5) the lots in downtown will likely develop/redevelop over time as the downtown forms. The parcel of the proposed development has agricultural water rights. Per City Code 16.12.230, "All developments with appurtenant agricultural water rights shall be required to construct a secondary pressure irrigation system to the standards of this section to utilize the water rights for the development." A waiver to allow for an area -wide irrigation system provided that the developer provides accommodations for service connects at a future date. • Potable water and sanitary sewer services will be required for each lot throughout this development. The construction plans will need to address this requirement. • The building under construction and the provided parking spaces noted on the Plat do not meet the city standards and an adjustment will be sought from the City Council. CDA is a co-owner and applicant. The certificate page will need to have an owner's certificate on the final plat for the CDA Chair to sign. FACTS REQUEST: The applicant proposes an 8 lot Preliminary Plat for commercial building lots in the Chubbuck City Hall subdivision. It includes roads for access to the building in the new downtown. BACKGROUND: This is the first division of the Chubbuck City Hall subdivision. This is property that was formerly 2 lots with a storage yard including a building and a residential home. 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). Recommendation/approval of this preliminary plat shall be whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. OWNER: City of Chubbuck and Chubbuck Development Authority 5160 Yellowstone Ave Chubbuck, ID 83202 APPLICANT: City of Chubbuck 5160 Yellowstone Ave. Chubbuck, ID 83202 PROFESSIONAL SERVICES: Dioptra 4880 Clover Dell Chubbuck, ID 83202 LOCATION: Property is in the NE'/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 4699 Burley Dr., Chubbuck, Idaho. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C-2) RECENT TRAFFIC COUNTS: CURRENT LAND USE: Storage yard and YEAR: 2019 Yellowstone Ave. — N. of Knudsen Blvd. building PROJECT SIZE: ±5.13 acres VIEWS: Generally visible Burley and Linden TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Shop building 21,178/day YEAR: 2012 Yellowstone Ave. — N. of Knudsen Blvd 25,653/day BTPO TRAFFIC MODEL ESTIMATE: 2018: Yellowstone Ave. South of Linden Ave, 32,376/day 2018: Yellowstone Ave North of Linden Ave, 32,534/day 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 SURROUNDING LAND USES AND ZONING NORTH: Businesses; General Commercial (C-2) zone EAST: Storage units, vacant lot and Auto body repair; General Commercial (C-2) zone SOUTH: Vet clinic and residential; General Commercial (C-2) zone and Limited Residential (R-2) zone WEST: Residential; Limited Residential (R-2) zone SERVICES: ACCESS STREET: Current access from Burley and Linden FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: In accordance with City Code 17.12.030-050 and Resolution 2019-007, a complete petition and fees for a preliminary plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.040. In accordance with City Code 17.12.100, the application is scheduled to be heard at the June 9, 2020 Regular Meeting of the Land Use and Development Commission. In accordance with City Code 17.12.080, notice were provided as follows: a. Notices posted on the subject property. b. Notices provided to City departments, other government agencies, and affected public utility providers. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance Chubbuck Comprehensive Plan (as amended) Chubbuck City Code a. Title 16, Land Improvement Standards b. Title 17, Land Development c. Title 18, Land Use PUBLIC COMMENTS: 1. No written comments were received as of this report. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O STANDARDS FOR REVIEWING A PRELIMINARY PLAT • Is the Preliminary Plat consistent with the City of Chubbuck Comprehensive Plan? Staff has identified the following as potentially applying to this application; decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project is within City limits and the Urban Service Boundary. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT The project is surrounded by developed land and can be considered a redevelopment project. GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.2 General commercial zoning should be located between communities or at a community center, at the intersection of principle arterials, or on Yellowstone Avenue between Quinn Road and Siphon Road POLICY a. Base commercial development locations on concepts identified on the Regional Growth Management Plan Map and land use designation on the Chubbuck zoning map COMMENT I Provides a city building in the downtown area GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The map designates the area as Employment a category intended for future Industrial (I) and General Commercial (C-2) zoning CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.1 Increase the efficiency of functional class roads POLICY No policy was included in the Comprehensive Plan for this objective; however the City promotes efficiency and safety on collector and arterial roads by following approved design standards and access management guidelines COMMENT Burley Dr. is a minor arterial built to local street standards OBJECTIVE 5.1.2 Expand the network of functional class roads in general accordance with the functional class roads map POLICY a. Define routes for new or functional class roads with requirements for development during subdivision COMMENT I Provides traffic calming features and transit pull outs PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT Provides widened sidewalks for pedestrians OBJECTIVE 5.1.7 Provide a connected network of pedestrian -friendly streets and pathways POLICY a. Design new streets to connect with other streets, except where topography or existing development prevents a connection COMMENT New streets for greater connectivity and provides increased walking and biking facilities POLICY f. Provide pedestrian and vehicular connections between adjoining developments for new commercial, industrial, and institutional development, where possible COMMENT New sidewalks and streets to provide better connections POLICY g. Provide sidewalks along both sides of all public streets COMMENT Provides sidewalks on new streets and on reconstructed right of way OBJECTIVE 5.1.8 Use innovative transportation design strategies to promote pedestrian -oriented development and infill POLICY a. Allow access lanes (public or private streets) to provide access for infill properties that are landlocked or have restricted access; access lanes are generally narrower than normal city streets and may provide access for up to 12 dwellings, depending on connectivity COMMENT Provides opportunity to connect property to the west with access CHAPTER 6: COMMUNITY DESIGN GOAL 6.1: INVEST IN THE IMPROVED APPEARANCE OF OUR CITY AND STIMULATE IMPROVEMENTS BY THE PUBLIC SECTOR OBJECTIVE 6.1.3 City Hall will model good design and proper maintenance POLICY a. Include generous landscaping and well-designed buildings in government building plans COMMENT This will be an attractive building with plaza and landscaping to model the downtown GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS OBJECTIVE 6.2.1 Use design guidelines, standards, and incentives to ensure that new infill and redevelopment are compatible with established development POLICY d. Encourage the development of plazas and courtyards by commercial development that encourage public gathering, particularly in the neighborhood and community centers COMMENT Provides for plaza and landscaping around new city hall building CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT Redevelopment is in the USB GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater facility master plan PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 POLICY a. Encourage new development to retain stormwater runoff on-site COMMENT I Storm water will be retained on site CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY a. Require new streets to connect with other streets COMMENT The new streets provide for better connectivity POLICY b. Require the consideration of transit access in subdivision review COMMENT Transit pullouts are provided at city hall site POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and development to support alternative modes of transportation COMMENT Site is designed to be multimodal in nature POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT Transit pullout is provided as well as other modes encouraged CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT Site should encourage further commercial development in the downtown * The Comprehensive Plan includes several strategies with the policies in certain chapters. • Does the Preliminary Plat comply with applicable laws and ordinances? CITY CODE TITLE 17- LAND DEVELOPMENT Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments X 17.12.030, Copies to be Submitted, Notice and Fee 17.12.050 Staff The applicant has completed the requirements of these Comments sections. Department Public Works: X Comments The department has reviewed the applicant's proposal for compliance and finds that it meets the code requirements. X Department Engineering: Comments The department has reviewed the applicant's proposal for compliance and the Comments are attached. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 X Department Maintenance / Operations: Comments The department has reviewed the applicant's proposal for compliance, No comments received. X Department Fire Department: Comments This revised site does not have the hydrant at all. The fire department will need a hydrant near the entrance to this building. It will need to be positioned so it will not block the entrance when we lay a line for the building X Department Police Department: Comments The department has reviewed the applicant's proposal for compliance and finds that it meets the code requirements. No concerns. CITY CODE TITLE 17 — PRELIMINARY PLAT STANDARDS Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments 17.12.150 Form of Presentation X Staff Comments Applicant has provided all information required of this section. 17.12.160 Identification and Descriptive Data X Staff Comments Applicant has provided all information required of this section. X 17.12.170 Existing Conditions Data Staff Applicant has provided a preliminary plat showing existing Comments contours, locations of existing water and sewer systems, street names as Street A and Street B and rights-of-way, and all other information required of this section. See Eng. letter. X 17.12.180 Proposed Conditions Data Staff Applicant has provided a preliminary plat showing proposed Comments conditions including lot dimensions, easement use and locations, and street layout including proposed dedication of additional right-of-way. See Eng. letter for street names. 17.12.190 Proposed Utility Methods X Staff Water and sewer will be extended into the development, Comments applicant has provided service locations shown on the preliminary plat. Except fire hydrant service locations are not shown. See Eng. letter for need for Water and Sewer to each lot. CITY CODE TITLE 78- LAND USE Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments X 18.08.042A Height and area Regulations Staff This is proposed in the General Commercial (C-2) zone and is Comments limited to 70 ft. high and no minimum lot size. 18.08.044 Lot Width to depth ratio PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /94��' 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 X Staff This is proposed in the General Commercial (C-2) zone, Comments maximum ratio is 1:5 PUBLIC IMPROVEMENT REQUIREMENTS Improvement Description Water mainlines with services will be constructed and connected to existing Water water mainlines. Sewer Sewer mainlines with services will be constructed and connected to existing sewer mainlines. Streets Right-of-way has been dedicated and the street will be constructed per 16.12.020C and in accordance with the comprehensive plan. Storm Drainage Storm water from the street will be retained in the roadway drainage system, while storm water from the lots will be required to be retained on site. Pressurized Secondary Secondary irrigation facilities will need to be designed and constructed in Irrigation accordance with section 16.12.230 of city code. Parks N/A OTHER AGENCY COMMENTS AND REQUIREMENTS Agency I Comment BTPO Bureau of Indian Affairs Cable One Century Link Direct Communications ID Fish and Game ID Transportation Idaho Power Intermountain Gas School District 25 SE Idaho Public Health US Postal Service No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 EXAMPLE MOTIONS APPROVAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials to the City Council with the following conditions and waiver recommendations: 1. (if found necessary by LUDQ. APPROVAL (NO CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are not satisfied, I move to recommend denial of the preliminary plat request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. SPECIAL CONSIDERATIONS FROM IDAHO CODE: • I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. REPORT: Paul Andrus Planner pandrus@cityofchubbuck.us (208) 237-2430 Ext. 109 DATE: June 2. 2020 1. Application for Preliminary Plat 2. Plat 3. Narrative for Preliminary Plat 4. Engineering Letter 5. Maps a. Reference Map Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. EXHIBITS 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 b. Future Land Use c. Current Zoning 6. Evidence of Notice a. Site Postings b. Agency 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 lao-t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION PAGE 1 OF 4 Requirements and procedures for Preliminary Plat applications are found in section 17.12.030 —17.12.190 of municipal code. The following must be filled out and submitted with all required documents in order to progress to the next stage of the review process; failure to submit a complete application packet may result in additional fees. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A -DEVELOPER/APPLICANT INFORMATION Al. Name A2. Mailing Address City State Zip Code A3. Phone Number (including area code) A4. Email Address SECTION B — PROFESSIONAL SERVICES INFORMATION 131. Firm Name 82. Mailing Address City State Zip Code 63. Point of Contact (Name) 64. Email Address SECTION C — SITE INFORMATION Cl. Site Address City Zip C2. Tax Parcel #(s) C3. Current Land Use C4. Are there existing structures on-site? ❑ Yes ❑ No C5. Is the site under contract or in the ❑ Yes ❑ No name of the developer/applicant? C6. Approximate size of property C7. Are there any existing items of which Staff should be aware? ❑ Yes ❑ No If yes: C8. Does the site contain irrigation water rights? ❑ Yes ❑ No If yes, which company/district: lao-t-\ CHUBBUCKN a 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION PAGE 2 OF 4 SECTION D - PROPOSED DEVELOPMENT INFORMATION D1. Plat Name D2. Number of Lots D3. Type of Land Uses within development (residential, commercial, industrial, etc.) D4. Water & Sewer Needs D5. Are there any issues related to the development of which Staff should be aware prior to meeting? ❑ Yes ❑ No If yes: D6. Will the development contain any commonly -owned and/or maintained improvements (storm water, streets, parks/playgrounds, etc.)? ❑ Yes ❑ No If yes, what: SECTION E — ADDITIONAL SUBMITTAL REQUIREMENTS E1. Preliminary Plat Application Fees ( total # of lots X $5.00 + $203.00 base fee = $ ) E2. Master Plan, for any preliminary plat that is a portion of a large parcel, part of a larger group of commonly held parcels, or part of a larger development which has been, or shall be developed by the developer, shall be accompanied by a master plan submitted during the preliminary platting process. E3. Preliminary codes, covenants, and restrictions (CC&Rs) addressing maintenance of commonly -owned improvements and/or land, if the development will contain any commonly -owned improvements and/or land. E4. Narrative indicating how the approval criteria for preliminary plats are addressed. Approval criteria are as follows (17.12.100): 1. The subdivision proposal complies with applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. 4. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. lay'-tl \ CHUBBUCKH 0 1 0 PO Box 5604 -- 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us E5. PDF Drawings drawn according to municipal code containing the following: Code Reference Staff I Preparer's Description Reviewers Initials Initials PRELIMINARY PLAT APPLICATION PAGE 3 OF 4 DH • Drawing Size (11"x22" minimum through 22"x34" maximum) Af DH • Proposed Name + Location of Development by Section, Township, Range • Reference to Section or Quarter Corner (dist. & Bear.) DH *Name, Address, Phone Number of Developer DH • Name, Address, Phone Number of Engineer/Surveyor DH • North Arrow 04 DH • Date of Preparation (Including Revisions) • Vicinity Map DH • Existing Contours @ adequate Interval DH • Existing Features DH • Existing Utilities DH 6 Existing -o-W, easements, public areas, corporation lines DH • Instrument # for parcels with common boundaries DH • Existing & proposed zoning DH • Total acreage • Boundary dimensions DH • Street layout (including width) p • Street names QH • Connections to existing streets DH • Lot dimensions DH • Lot numbers DH • Total number of lots DH Location,—width, and use of easements DH • Designation of land for public use (parks) pH I • Proposed sewage disposal DH • Proposed water supply nH • Pronosed storm water disposal --7-. k_ N/A I • S acres per 1,000 people, centrally -located (use current census} /V A I N/A I • Contribution in lieu of park (17.16.140) lao-t-\ CHUBBUCKN a 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us SECTION F- CERTIFICATION PRELIMINARY PLAT APPLICATION PAGE 4 OF 4 • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 agree to comply with all provisions of ordinances and laws governing this type of work, whether specified herein or not. • 1 am aware that if this application is not complete, the preliminary plat review process will not continue until it is so deemed by the City upon further submission of materials. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. F1. Signature G1. COMPLETENESS REVIEW: F2. Printed Name SECTION G -FOR STAFF USE ONLY F3. Date Deemed complete? Reviewed by: Date: ❑ Yes ❑ No If no, list concern(s): Applicant Notified? ❑ Yes ❑ No Comments: NOTES Existing Zoning C2 Subdivision Area 5.13 acres Proposed Lots 8 Storm Water detention to be determined Sewer and Water will connect to Existing Utilities Lot 2 of Block 1 , Lot 2 of Block 2, and Lot 4 of Block 3 will be dedicated as public right—of—way for Burley Drive and East Linden Avenue. Road A & Road B will be dedicated as public right—of—way This parcel has surface irrigation rights There are 146 proposed parking spaces and 8 proposed handicapped parking spaces Mottishaw Deed Instr. #20423575 Project Location 0ROW ROW Found 1/2" Rebar w/Plastic Cap PLS 2341 Per ROS Instr.#21515392 Miller Deed Instr. #790128 Chubbuck Development Authority Deed Instr. #21904577 SURVEYORS DIOPTRA LLC 4880 CLOVER DELL CHUBBUCK, IDAHO 83202 208-237-7373 S 89°30'03" E OWNERS CITY OF CHUBBUCK 5160 YELLOWSTONE AVE. CHUBBUCK, IDAHO 83202 208-237-2430 BASIS OF BEARING Basis of bearing per Idaho State Plane Coordinate System — East Zone. GPS observation combination factor: 1.0002579939. Preliminary Plat For CHUBBUCK CITY HALL A PORTION OF LOT 12 OF BONNIEBRAE ACRES TOWNSITE E 1/16 Corner North Line Sec. 10 LOCATED IN NE 1/4 SECTION 10, Found 2" Alum. Cap TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE Per CP&F #20700877 BOISE MERIDIAN IN THE COUNTY OF BANNOCK. I"' cn NE 1/16 Corner Sec. 10 Found 2" Alum. Cap Per CP&F #20621178 N • • i9 X ROW 4470 OP UGP C W SS - W SS 0 SD O LEGEND Parcel Boundary Lot Line Fence Lines Right—of—Way Adjoining Parcels Section Line Easements Road Center Line Existing Features Existing Ground Contour Existing Overhead Power Existing Underground Power Existing Communication Existing Water Existing Sewer Proposed Road Centerline Proposed Water Proposed Fire Hydrant Proposed Curb Proposed Sewer Proposed Sewer Manhole Proposed Storm Drain Proposed Storm Manhole Proposed Storm Inlet PL CD CE o� L� W" P X52 F OF �P�O qRT K . Y SURVEYORS CERTIFICATE I, Stewart K. Ward, a Registered Professional Land Surveyor in the state of Idaho do hereby certify that this plat is an accurate representation of this survey completed under my supervision. I Un Q I� A II: I"' cn NE 1/16 Corner Sec. 10 Found 2" Alum. Cap Per CP&F #20621178 N • • i9 X ROW 4470 OP UGP C W SS - W SS 0 SD O LEGEND Parcel Boundary Lot Line Fence Lines Right—of—Way Adjoining Parcels Section Line Easements Road Center Line Existing Features Existing Ground Contour Existing Overhead Power Existing Underground Power Existing Communication Existing Water Existing Sewer Proposed Road Centerline Proposed Water Proposed Fire Hydrant Proposed Curb Proposed Sewer Proposed Sewer Manhole Proposed Storm Drain Proposed Storm Manhole Proposed Storm Inlet PL CD CE o� L� W" P X52 F OF �P�O qRT K . Y SURVEYORS CERTIFICATE I, Stewart K. Ward, a Registered Professional Land Surveyor in the state of Idaho do hereby certify that this plat is an accurate representation of this survey completed under my supervision. City Hall Plat- Preliminary Submittal Narrative 5/11/20 E.4. 1. The subdivision proposal complies with applicable provisions of this title. Yes. The plat was designed with technical assistance of the Engineering and Planning departments and meets all requirements. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. Yes. The plat was designed with technical assistance of the Engineering and Planning departments and meets all requirements. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. Yes. The plat was designed with technical assistance of the Engineering and Planning departments and meets all requirements. A conditional use permit for city hall was previously obtained. 4. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. Yes. The plat was designed with technical assistance of the Engineering and Planning departments and meets all requirements. S. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. Traffic volumes do not warrant a traffic impact study. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. Yes. The new plat will even better connect the downtown area. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. No routes are shown on this site but the development will have numerous bike/ped accommodations both internally and a transit stop on Burley Dr. . 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. The plat was designed with technical assistance of the Engineering and Planning departments and meets all requirements. laofk\ CHUBBUCK I o A H 0 May 21st, 2020 RE: Chubbuck City Hall Engineering Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us The Engineering Department has reviewed the preliminary plat submitted for the above mentioned development and has the following comments: 1. Road names should be discussed and determined for Road A and B. The location of Road B doesn't line up with the approach on the east side of Burley Drive. Offsetting streets or approaches across from each other can't be less than 300 feet for minor arterials per City requirements. An exception or waiver from City Council or other accommodation should be required at this time. The parcel of the proposed development has agricultural water rights. Per City Code 16.12.230, "All developments with appurtenant agricultural water rights shall be required to construct a secondary pressure irrigation system to the standards of this section to utilize the water rights for the development." We understand the City intends to pursue an area -wide irrigation system to serve the down town area at a future date, including this site, to meet the irrigation requirement. If the postponement of the irrigation system is acceptable, accommodations should be provided as part of this project to allow for services to be provided to all of the lots at a future time. 4. Potable water and sanitary sewer services will be required for each lot throughout this development. We understand the construction plans will address this requirement. The Engineering Department recommends the above comments be considered during the discussion of the preliminary plat approval. If there are any questions regarding this matter that remain unanswered, please feel free to contact me. Sincerely, Derek Kennedy Engineering Dept. P� Engineering � Development� City Ha1APlatting -Land Use�Preliminaryjl submitted 5-18-20�City Hall Pre Plat -Review DK 5-21- 20.docx -/2020.10:17:59 AM 1:4,514 Bannock County Parcels - Road Centerline 0.04 0,08 0.05 O'l 0.2 km City of Chubbuck GIS, Souroe! Esrl, DlgitalGlobe, GeoEye. Earl) GeogrspNcs. CNESIAirhue DS, USDA, USOS, AemORI D, ION, the GIS User Community. City of Chuhhuck GIS, Planning Devetopmerd Comprehensive Plan -12020, 10:22:25 AM 1:4,514 Future Land Use Designation �� Bannock County Parcels Medium Density Commercial Road Centedine Mixed Use _ Employment 0,04 008 0.16 0.05 07 0.2 km City of Chuhh Kk 015, Source! ESri, DigilalGlvtie. QwEye, Ea nl Geographics. GNESIAirhus DS, USDA, USGS, AeroGR1D, IGN, the GIS User Community, City of Chuhhuck GIS, Planning Development Comprehensive Plan -12020, 102848 AM 1:4,514 Bannock County Parcels _ Dense Residential (R-4) Industrial (1) Road Centerline Limited Commercial (C-1) W Planned Unit Development (PUD) ng = General Commercial (C-2) Limited Residential (R-2) ❑.04 0.08 0.05 0.1 0.2 km City of Chubbuck GI5, Source: Esri, DigitalGlobe, GeoEye, Earl) Geogrmhics. CNESIAithue DS, USDA, USGS, AemORID, ION, the GI Ut Community, City of Chubbuck GIS City of Chubbuck Planning and Deaelopm nl Y � "_rF,fir"irii'rr�n�s�'�*r "Noll" He 4+ .y - • f WAR-RAANT DEED Order No.: 338004AM FOR VALUE RECEIVED Marshall J. Dnnn, an unmarried person the grantor(s), do(-) hereby grant, bargain, sell and convey unto City of Chubbuck and Chubbuck Development Authority whose current address is: P.O. Bog 5604 Chubbuck, ID 83202 the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT: A parcel of land located in the Northeast 1/ of Section 10, Township 6 Boise Meridian, Bannock County, Idaho. It is also a portion of Lot 12 of Bonniebrae Acres and is more BEGINNING at the Southwest corner of said Lot 12; Thence South 85 Northerly right of way line of Atholl Avenue (E Linden Ave) 84.00 feet to the Southeast corner of Instrument No. 95 BEGINNING; Thence North 0°09'03" West parallel to the East line of Bonniebrae Acx of Instrument No. 95003318 a distance of 120.00 feet; Thence North 89`32'08" West parallel to the Northerly right of way of) 95.64 feet to the West line of said Lot 12; Thence North 5°41'03" West Lot 12 a distance of 42.75 feet; Thence South 89`21'11" East 184.71 feet; Thence South 2°06'41" West 161.97 feet to an intersection with an Ea: Northerly right of way line of Atholl Ave (E Linden Ave); Thence North 89°32'08" West along the Northerly right of way line of.1 and its Easterly prolongation 78.54 feet to the TRUE POINT OF BEGIN ath, Range 34 East, described as follows: )8" East along the i18, the TR70E POINT OF and along the East line .oll Ave (E Linden Ave) mg the West line of said rly prolongation of the oll Ave (E Linden Ave) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: December 4, 2019 Marshall J Dunn fJ l State of Idaho ) ss County of Bannock} On this 5th day of December, 2019, before me, Jordan L. Kress a Notary Public in appeared Marshall J. Dunn, known or identified to me to be the person(s) whose n within Instrument and acknowledged to me that he executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal t c tate first above written. XRDAN L i;AESS No blic for the State of Idaho OOMIVI.SSiC�I 2� Residing at: Pocatello, Idaho NOTARY PUBLIC Commission Expires: 7/26/2022 S"AE E OF 1i)A gO EKY COW-MiSSnN i RES fSrf MM for said state, personally (s) is subscribed to the day and year in this A A meriltIe 1523 Yellowstone Ave., Pocatello, CD 83201 Prone: (208) 232-4700 Fax: (208) 232-4709 December 9, 2019 City of Chubbuck and Chubbuck Development Authority P.O. Box 5604 Chubbuck, ID 83202 File No.: 338004AM We enclose herewith the following: Policy of Title Insurance Original Deed recorded as Instrument No. 21919236 Thank you for doing business with us. We hope to be of service to you again. Sincerely, AmeriTitle, Inc. n Y-� Corinna Cobbley ALTA Owner's Policy (6-17-06) OWNER'S POLICY OF TITLE INSURANCE Policy Number OX -12928793 * Issued by Old Republic National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or ALTA Owner's Policy (6-17-06) (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded In the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. ALTA Owner's Policy (6-17-06) 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Issued through the Office of: AmeriTitle, Inc. 1650 Elk Creek Dr. Idaho Falls, ID 83404 (208)524-6600 Authorized Signature OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY A Stack Company 400 Second Avenue South, Mlnneapolls, Minnesota 55401 (6121371-1111 9y Attest Nt President Sacretafy ALTA Owner's Policy (6-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. ALTA Owner's Policy (6-17-06) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE ALTA Owner's Policy (6-17-06) The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. ALTA Owner's Policy (6-17-06) 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be Iiable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. ALTA Owner's Policy (6-17-06) (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. ALTA Owner's Policy (6-17-06) (c) in addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. ALTA Owner's Policy (6-17-06) LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11, LIABILITY NONCUMULATIVE The Amount of insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of ALTA Owner's Policy (6-17-06) $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. ALTA Owner's Policy (6-17-06) 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. I.S. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499. SCHEDULE A Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, MN 55401 800-328-4441 Order Number Policy Number Date of Policy 338004AM OX -12928793 December 5, 2019 11:29AM Address Reference: 224 East Linden Avenue, Chubbuck, ID 83202 1. Name of Insured: City of Chubbuck and Chubbuck Development Authority 2, The estate or interest in the Land that is insured by this policy is: FEE SIMPLE 3, Title is vested in: City of Chubbuck and Chubbuck Development Authority 4. The Land referred to in this policy is described as follows: ALTA Owner's Policy (6-17-06) Amount of Insurance Premium Amount $165,000.00 $875.00 A parcel of land located in the Northeast % of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho. It is also a portion of Lot 12 of Bonniebrae Acres and is more particularly described as follows: BEGINNING at the Southwest corner of said Lot 12; Thence South 8932'08" East along the Northerly right of way line of Atholl Avenue (E Linden Ave) 84.00 feet to the Southeast corner of Instrument No. 95003318, the TRUE POINT OF BEGINNING; Thence North 0'09'03" West parallel to the East line of Bonniebrae Acres and along the East line of Instrument No. 95003318 a distance of 120.00 feet; Thence North 89`32'08" West parallel to the Northerly right of way of Atholl Ave (E Linden Ave) 95.64 feet to the West line of said Lot 12; Thence North 5'41'03" West along the West line of said Lot 12 a distance of 42.75 feet; Thence South 8921'11" East 184.71 feet; Thence South 2'06'41" West 161.97 feet to an intersection with an Easterly prolongation of the Northerly right of way line of Atholl Ave (E Linden Ave); ALTA Owner's Policy (6-17-06) Thence North 89"32'08" West along the Northerly right of way line of Atholl Ave (E Linden Ave) and its Easterly prolongation 78.54 feet to the TRUE POINT OF BEGINNING. END OF SCHEDULE A ALTA Owner's Policy (6-17-06) SCHEDULE B Order No.: 338004AM Policy No.: OX -12928793 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorney's fees, or expenses that arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights or easements appurtenant to water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the public records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 7. All minerals in or under said land including but not limited to metals, oil, gas, coal, stone and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 8. Ditch, road and public utility easements as the same may exist over said premises. 9. Levies and assessments of the Fort Hall Irrigation District, and the rights, powers and easements of said district as by law provided. 10. Easements, reservations, notes and/or dedications as shown on the official plat of Bonniebrae Acres 11. The provisions contained in Contract, Recorded: November 7, 1939, Instrument No.: 205251. As follows: see hyperlinked document for details 12. An easement including the terms and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: City of Chubbuck Purpose; Public Utilities Recorded: July 24, 1973 Instrument No.: 511665 13. Agreement and the terms and conditions contained therein Between: Bowen Petroleum, Inc. And: City of Chubbuck Purpose: Development Agreement Recorded: July 20, 1998 Instrument No.: 98014151 ALTA Owner's Policy (6-17-06) 14. An easement including the terms and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: City of Chubbuck Purpose; Public Utilities Recorded; June 12, 2001 Instrument No.; 20713879 END OF SCHEDULE B AMERITITLE, INC. PRIVACY POLICY NOTICE As of March 13, 2019 PURPOSE OF THIS NOTICE AmeriTitle, Inc., (the "Company") shares your concerns about privacy. The Company is committed to respecting the privacy of our customers. Therefore, in accordance with Federal and State laws and regulations, we are providing you with this notice of how we might use the information about you which we gather in the process of issuing a policy of title insurance and closing your real estate transaction. Title V of the Gramm -Leach -Bliley Act (GLBA) and the laws of the State in which you reside generally prohibit us from sharing non-public personal information about you with a third party unless we provide you with this notice of our privacy policies and practices, such as the type of information that we collect about you and the categories of persons or entities to whom that information might be disclosed. In compliance with GLBA and the laws of this State, we are providing you with this document, which notifies you of the privacy policies and practices of the Company. Our Privacy Policies and Practices Information we collect and sources from which we collect it: We do not collect any nonpublic information about you other than the following: • Information we receive from you or from your attorney or other representatives on applications or other forams, such as your name, address, telephone number, or social security number • Information about your transactions with us, such as description, price, or term • In addition, we may collect other nonpublic personal information about you from affiliated/ nonaffiliated third parties, such as individuals and companies other than those proposed for coverage, which may include information in documents received from your lender Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional information will be collected about you. Information we disclose to third parties In the course of our general business practices, we may disclose the information that we collect (as described above) about you or others without your permission to the following types of institutions for the reasons described: • Financial Service Providers: o To an insurance institution, agent, or credit reporting agency in order to detect or prevent criminal activity, fraud or misrepresentation in connection with an insurance transaction; o To an insurance institution, agent, or credit reporting agency for either this Company or the entity to which we disclose the information to perform a function in connection with an insurance transaction involving you. • Others: o To an insurance regulatory authority, law enforcement, or other governmental authority in order to protect our interests in preventing or prosecuting fraud, or if we believe that you have conducted illegal activities; o To a third party such as a surveying, real estate tax research or municipal data firm if the disclosure will enable that party to perform a business, professional or insurance function for us; o To an actuarial or research organization for the purpose of conducting actuarial or research studies. The disclosures described above are permitted by law. We require any third party who receives information from us to agree to not disclose or use the information provided other than to carry out the purpose(s) for which it was disclosed. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH AFFILIATES OR NON-AFFILIATED THIRD PARTIES FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. Your right to access and amend your personal information: You have the right to request access to the personal information that we record about you. Your right includes the right to know the source of the information and the identity of the persons, institutions or types of institutions to whom we have disclosed such information within 2 years prior to your request. Your right includes the right to view such information and copy it in person, or request that a copy of it be sent to you by mail (for which we may charge you a reasonable fee to cover our costs). Your right also includes the right to request corrections, amendments or deletions of any information in our possession. The procedures that you must follow to request access to or an amendment of your information are as follows: To obtain access to your information from AmeriTitle.: You should submit a request in writing to: Compliance Officer AmeriTitle, Inc. 15 NW Oregon Avenue Bend, OR 97703 The request should include your name, address, policy number, telephone number and the information to which you would like access. The request should state whether you would like access in person or a copy of the information sent to you by mail. Upon receipt of your request, we will contact you within 30 business days to arrange providing you with access in person or the copies that you have requested. To correct amend or delete an of your information: You should submit a request in writing to the address referenced directly above. The request should include your name, address, policy number, telephone number, the specific information in dispute, and the identity of the document or record that contains the disputed information. Upon receipt of your request, we will contact you within 30 business days to notify you either that we have made the correction, amendment or deletion, or that we refuse to do so and the reasons for the refusal which you will have an opportunity to challenge. Our practices regarding information confidentiality and security: We restrict access to nonpublic information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Our policy regarding dispute resolution; In the event you believe the Company has not complied with the Privacy Policies and Practices as set forth in this Notice, you must give the Company notice in writing addressed to the Compliance Officer at the above address setting forth the reasons for such non-compliance. The Company shall not be deemed to be in breach of the Privacy Policies and Practices unless is has not resolved or explained the issues set forth in such notice within thirty (30) days to your reasonable satisfaction, All claims arising under this Notice shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Reservation of the right to disclose information in unforeseen circumstances: In connection with the potential sale or transfer of its interests, the Company reserves the right to sell or transfer your information (including but not limited to your address, name, age, sex, zip code, state and country of residency and other information that you provide through other communications) to a third party entity that (1) concentrates its business in a similar practice or service; (2) agrees to be a successor in interest of the Company with regard to the maintenance and protection of the information collected; and (3) agrees to the obligations of this privacy statement. Other Important Information: The Company's website may contain links to other websites or Internet resources. The Company does not endorse or otherwise accept responsibility for the content or privacy policies of those websites or Internet resources. The Company reserves the right to modify this Privacy Policy at any time. We will promptly reflect any such modifications in this document and, when we do, we will revise the "effective as of" date noted above. Any updated version of this Privacy Policy will be effective as of that date. OFFICIALRECOHDOM 0 FEE 70.00 DEPUTY KP BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF Amef ille-Pocalelb AmenTitle 219192 2619 Dec M1 11:29 Electronically Recorded by 5implifilele WARRANTY DEED Order No.: 338004AM FOR VALVE RECEIVED Marshall J. Dunn, an unmarried person the grantor(s), do(es) hereby grant, bargain, sell and convey unto City of Chubbuck and Chubbuek Development Authority whose current address is: P.O. Box 5604 Chubbuck,10 83202 the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT: A parcel of land located in the Northeast Y4 of Section 10, Township 6 South, Range 34 East, Noise Meridian, Bannock County, Idaho. It Is also a portion of Lot 12 of Bounialime Acres and is more particularly described as follows: BEGINNING at the Southwest earner of said Lot 12; Thence South 89'32'08" East along the Northerly right of way line of Atboll Avenue (E Linden Ave) 84.00 feet to the Southeast comer of instrument No. 95003318, the TRUE POINT OF BEGINNING; Thence North 0'09103" West parallel to the East Hae of Bonniebrae Acres and along the East line of Instrument No. 95003318 a distance of 120.00 feet; Thence North 89°32'08" West parallel to the Northerly right of way of Atholl Ave (E Linden Ave) 95.64 feet to the West line of said Lot 12; Thence North 5"41103" West along the West line of said Lot 12 a distance of 42.75 feet; Thence South 89°21'11" East 184.71 feet; Thence South 2°06'41" West 161.97 feet to an intersection, with an Easterly prolongation of the Northerly right of way line of Atholl Ave (E Linden Ave); Thence North 89'32'08" West along the Northerly right of way line of Atholl Ave (E Linden Ave) and its Easterly prolongation 78.54 feet to the TRUE POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: December 4, 2019 Marshal J Dunn State of Idaho) ss County of Bannock) On this 5th day of December, 2019, before me, Jordan L. Kress a Notary Public in and for said state, personally appeared Marshall J. Dunn, known or identified to me to be the person(s) whose name(s) is subscribed to the within Instrument and acknowledged to me that he executed same. IN WITNESS WHERE, OF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. JORDAN L KRESS No Public fbr the State of Idaho COMMISSION if0M Re ing at; Pocatello, Idaho NOTARYPUSLIO Commission Expires: 7/26/2022 STATE OFloAHO SIV GOMMINIMON MWIM ligt2w2m A Am' e'dr iTi t I e WARRANTY DEED Order No.: 338004AM FOR VALUE RECEIVED Marshall J. Dunn, an unmarried person the grantor(s), do(es) hereby grant, bargain, sell and convey unto City of Chubbuck and Chubbuck Development Authority whose current address is: P.O. Box 5604 Chubbuck, ID 83202 Rn d ' i adly la Date Time Simplifile.com 800.460.5657 the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT: A parcel of land located in the Northeast !4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho. It is also a portion of Lot 12 of Bonniebrae Acres and is more particularly described as follows: BEGINNING at the Southwest corner of said Lot 12; Thence South 89`32'08" East along the Northerly right of way line of Atholl Avenue (E Linden Ave) 84.00 feet to the Southeast corner of Instrument No. 95003318, the TRUE POINT OF BEGINNING; Thence North 0°09'03" West parallel to the East line of Bonniebrae Acres and along the East line of Instrument No. 95003318 a distance of 120.00 feet; Thence North 89°32'08" West parallel to the Northerly right of way of Atholl Ave (E Linden Ave) 95.64 feet to the West line of said Lot 12; Thence North 5°41'03" West along the West line of said Lot 12 a distance of 42.75 feet; Thence South 89°21' 11" East 184.71 feet; Thence South 2°06'41" West 161.97 feet to an intersection with an Easterly prolongation of the Northerly right of way line of Atholl Ave (E Linden Ave); Thence North 89°32'08" West along the Northerly right of way line of Atholl Ave (E Linden Ave) and its Easterly prolongation 78.54 feet to the TRUE POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: December 4, 2019 Marshall J Dunn State of Idaho } ss County of Bannock; On this 5th clay of December, 2019, before me, Jordan L. Kress a Notary Public in and for said state, personally appeared Marshall J. Dunn, known or identified to me to be the person(s) whose name(s) is subscribed to the within Instrument and acknowledged to me that he executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer ' icate first above written. RDAnI � �I�ss No Public for the .,o State of Idaho COIVRDANON Re ing at: Pocatello, Idaho NOTARY PUBLIC Commission Expires: 7/26/2022 f STATE OF IDAHO W CO;MhAWtON EXPffgES 07/ZN,-M A AmeriTitle Order No.: 324423AM FOR VALUE RECEIVED OFFICIAL RECORD EIM, 0 FEE 15.00 L%I)U I JR 8ANWXK COUNTY IDAHO RECO ROUD AT REG UES 1 OF AmenTme • Pocatello 21916257 2019 Oct 18 PM 02:14 CLe tror aly ReovJed * Si mN dale WARRANTY DEED Idaho Central Credit Union, an Idaho Corporation the grantor(s), do(es� hereby grant, bargain, sell and convey tanto City of Chubbuck, an Idaho Municipal Corporation whose current address is: P.Q. Box 5604 Chubbuck, ID 83202 the grantee(s), the following described premises, in Bannock County, Idaho, TO W17: A portion of Lot 12 of Bonnicbme Acres, located in Section 10, Township 6 South, Range 34 East, Boise Mcridian, Bannock County, Idaho, described as; Commencing at the Northeast 1/16 corner of Section 10, Township 6 South, Range 34 East, and running thence N00°04'30"W 397.41 feet along the East 11 16th line of said Section 10 to the centerline of Linden Avenue, the nee N89"30'03"W 25.40 feet to the We at right-of-way line of Burley Drive, thence continuing N89°30'03"W 67.00 feet the True Point of Beginning. Thence N89'3 0'03'W 2 20.6 7 feet along the South line of Deed Instrument #21807227; thence N00'32'05"E 302.04 feet; thence 589'27'55"E 220.67 feet; thence 800'32'06'V 301.90 feet to said South line, said point being the True Point of Beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)ht is/arc the ownerjs) in fee simpie of said premises; that they are free from all encumbrances Except: Current Year Taxts, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. 17atcd: October 14, 2019 Idaho Central Credit Union By: __ 6 +' Kent Oram, CEO State of Idaho}ss. County of Bannock) On this 15 day of October, 2019, before me, Thais M. Ayrc a Notary Public in and for said state, personally appeared Kent Oram known to me to be the CEO of the Idaho Central Crediton Corporation, and acknowledged to me that pursuant to a Resolution of the Board of Directors he she executed the foregoing in said Corporation name. I WI ESS WHEREOF, 1 have hereunto set my hand and affixed my official sea] the day and year in this cc of to III t above en. =NOTARY:PUBLIC RE ary Public Tor the tat o lda 14502 siding at: Chubbuck, I LICCommission Expires: 6/13/2025 HOES M131rW21 Am'Nrffitle Order No.: 324412AM FOR VALUE RECEIVED CFFIGIAL RECCRD BO 0 FEE 15.00 DEPUTY JS BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF AmenTlde - Pocatello 21916258 2019 Oct 18 PM 62:14 Electronically Recorded by Simplifie WARRANTY DEED Idaho Central Credit Union, an Idaho Corporation the grantor(s), do(es) hereby grant, bargain, sell and convey unto Chubbuck Development Authority-, an Urban Renewal Agency of the City of Chubbuck whose current address is: P.O. Box 5604 Chubbuck, ID 83202 the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT: A portion of Lot 12 of Bonniebrae Acres, located in Section 10, 'Township 6 South, Range 34 East Boise Meridian, Bannock County, Idaho, described as; Commencing at the Northeast 1116th corner of Section 10, Township 6 South, Range 34 East and running thence X00°04'30"W 397.41 feet along the East I/ 16th line of said Section 10 to the centerline of Linden Avenue, thence N89'30'03'W 25.00 fee to the West right-of-way line of Burley Drive, said point being the True Point of Beginning. Thence N8913010TV 67.00 feet along the South line of Deed Instrument #21807227; thence N00'32'05'E 301.90 feet; thence N89'27'55"W 220.67 feet; thence S00'32'05"W 302.04 feet to the South line of said Deed and the centerline of Linden Avenue; thence N99'30'03"W 104.11 feet along said South line; thence N01'20'56"W 25.01 feet along the West line of said Deed to the North line of Linden Avenue; thence S89'30'03"E 11.11 feet along said North line; thence along the West line of said Deed the following seven (7) courses: 11 X02°09'54"E 161.91 feet; 2) Thence NS9'19'39"W 184.64 feet; 3) Thence N05.27'58"W 13.32 feet; 41 Thence N20'35'28"W 90.03 feet; 51 Thence N35'38'47"W 60.01 feet; 6) Thence N46'14I.0"W 65.69 feet; 7) Thence N44'55'58"E 42.79 feet to the North line of said Deed; Thence 889131'39"E 643.75 feet along the North line of said Deed to the West right-of-way line of Burley Drive; Thence S00°04'30"E'409.00 feet along said right-of-way, to the True Point of Beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/ are the owners) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: October 14, 2019 Idaho Central Credit Union By, P� / Kent Oram, CEO State of Idaholss. County of Bannock) On this 15 day of October, 2019, before me, Thais M. Ayre a Notary Public in and for said state, personally appeared Kent Oram known to me to be the CEO of the Idaho Central Credit son Corporation, and acknowledged to me that pursuant to a Resolution of the Board of Directorsoe she executed the foregoing in said Corporation name. Qyn SS WHEREOF, have hereunto set my hand and affixed my official seal the day and year in this above n. =OF FE 14502 blic for the State f daha BLICt: Chubbuck,1D AHO t S 081"20", Commission Expires: 6/1312025 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 CHUBBUCK CITY HALL PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON JUNE 9, 2020 STAFF FINDINGS SUMMARIZED After reviewing the proposed Chubbuck City Hall preliminary plat, Staff finds that it appears to meet most code requirements and that complete conformance may be obtained with the following conditions and waivers: A fire hydrant is to be placed near the entrance to the building. It will need to be positioned so it will not block the entrance when they lay a line for the building Road names should be discussed and determined for Road A and B. The Commission may want to suggest names. A deviation for road A's location on Burley Drive to not line up with approach across Burley as proposed. Justifications for the deviation include (but are not limited to): 1) the need to create smaller, more walkable blocks, 2) the road is as far north as possible on the site to stay away from the Burley -Linden intersection, 3) the downtown plan will likely have its own access management guidelines and regulations, 4) the eastern approach is to a currently vacant lot with two approaches, and 5) the lots in downtown will likely develop/redevelop over time as the downtown forms. The parcel of the proposed development has agricultural water rights. Per City Code 16.12.230, "All developments with appurtenant agricultural water rights shall be required to construct a secondary pressure irrigation system to the standards of this section to utilize the water rights for the development." A waiver to allow for an area -wide irrigation system provided that the developer provides accommodations for service connects at a future date. • Potable water and sanitary sewer services will be required for each lot throughout this development. The construction plans will need to address this requirement. • The building under construction and the provided parking spaces noted on the Plat do not meet the city standards and an adjustment will be sought from the City Council. CDA is a co-owner and applicant. The certificate page will need to have an owner's certificate on the final plat for the CDA Chair to sign. FACTS REQUEST: The applicant proposes an 8 lot Preliminary Plat for commercial building lots in the Chubbuck City Hall subdivision. It includes roads for access to the building in the new downtown. BACKGROUND: This is the first division of the Chubbuck City Hall subdivision. This is property that was formerly 2 lots with a storage yard including a building and a residential home. 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). Recommendation/approval of this preliminary plat shall be whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. OWNER: City of Chubbuck and Chubbuck Development Authority 5160 Yellowstone Ave Chubbuck, ID 83202 APPLICANT: City of Chubbuck 5160 Yellowstone Ave. Chubbuck, ID 83202 PROFESSIONAL SERVICES: Dioptra 4880 Clover Dell Chubbuck, ID 83202 LOCATION: Property is in the NE'/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 4699 Burley Dr., Chubbuck, Idaho. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C-2) RECENT TRAFFIC COUNTS: CURRENT LAND USE: Storage yard and YEAR: 2019 Yellowstone Ave. — N. of Knudsen Blvd. building PROJECT SIZE: ±5.13 acres VIEWS: Generally visible Burley and Linden TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Shop building 21,178/day YEAR: 2012 Yellowstone Ave. — N. of Knudsen Blvd 25,653/day BTPO TRAFFIC MODEL ESTIMATE: 2018: Yellowstone Ave. South of Linden Ave, 32,376/day 2018: Yellowstone Ave North of Linden Ave, 32,534/day 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 SURROUNDING LAND USES AND ZONING NORTH: Businesses; General Commercial (C-2) zone EAST: Storage units, vacant lot and Auto body repair; General Commercial (C-2) zone SOUTH: Vet clinic and residential; General Commercial (C-2) zone and Limited Residential (R-2) zone WEST: Residential; Limited Residential (R-2) zone SERVICES: ACCESS STREET: Current access from Burley and Linden FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: In accordance with City Code 17.12.030-050 and Resolution 2019-007, a complete petition and fees for a preliminary plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.040. In accordance with City Code 17.12.100, the application is scheduled to be heard at the June 9, 2020 Regular Meeting of the Land Use and Development Commission. In accordance with City Code 17.12.080, notice were provided as follows: a. Notices posted on the subject property. b. Notices provided to City departments, other government agencies, and affected public utility providers. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance Chubbuck Comprehensive Plan (as amended) Chubbuck City Code a. Title 16, Land Improvement Standards b. Title 17, Land Development c. Title 18, Land Use PUBLIC COMMENTS: 1. No written comments were received as of this report. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O STANDARDS FOR REVIEWING A PRELIMINARY PLAT • Is the Preliminary Plat consistent with the City of Chubbuck Comprehensive Plan? Staff has identified the following as potentially applying to this application; decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project is within City limits and the Urban Service Boundary. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT The project is surrounded by developed land and can be considered a redevelopment project. GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.2 General commercial zoning should be located between communities or at a community center, at the intersection of principle arterials, or on Yellowstone Avenue between Quinn Road and Siphon Road POLICY a. Base commercial development locations on concepts identified on the Regional Growth Management Plan Map and land use designation on the Chubbuck zoning map COMMENT Provides a city building in the downtown area GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The map designates the area as Employment a category intended for future Industrial (I) and General Commercial (C-2) zoning CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.1 Increase the efficiency of functional class roads POLICY No policy was included in the Comprehensive Plan for this objective; however the City promotes efficiency and safety on collector and arterial roads by following approved design standards and access management guidelines COMMENT Burley Dr. is a minor arterial built to local street standards OBJECTIVE 5.1.2 Expand the network of functional class roads in general accordance with the functional class roads map POLICY a. Define routes for new or functional class roads with requirements for development during subdivision COMMENT I Provides traffic calming features and transit pull outs PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT Provides widened sidewalks for pedestrians OBJECTIVE 5.1.7 Provide a connected network of pedestrian -friendly streets and pathways POLICY a. Design new streets to connect with other streets, except where topography or existing development prevents a connection COMMENT New streets for greater connectivity and provides increased walking and biking facilities POLICY f. Provide pedestrian and vehicular connections between adjoining developments for new commercial, industrial, and institutional development, where possible COMMENT New sidewalks and streets to provide better connections POLICY g. Provide sidewalks along both sides of all public streets COMMENT Provides sidewalks on new streets and on reconstructed right of way OBJECTIVE 5.1.8 Use innovative transportation design strategies to promote pedestrian -oriented development and infill POLICY a. Allow access lanes (public or private streets) to provide access for infill properties that are landlocked or have restricted access; access lanes are generally narrower than normal city streets and may provide access for up to 12 dwellings, depending on connectivity COMMENT Provides opportunity to connect property to the west with access CHAPTER 6: COMMUNITY DESIGN GOAL 6.1: INVEST IN THE IMPROVED APPEARANCE OF OUR CITY AND STIMULATE IMPROVEMENTS BY THE PUBLIC SECTOR OBJECTIVE 6.1.3 City Hall will model good design and proper maintenance POLICY a. Include generous landscaping and well-designed buildings in government building plans COMMENT This will be an attractive building with plaza and landscaping to model the downtown GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS OBJECTIVE 6.2.1 Use design guidelines, standards, and incentives to ensure that new infill and redevelopment are compatible with established development POLICY d. Encourage the development of plazas and courtyards by commercial development that encourage public gathering, particularly in the neighborhood and community centers COMMENT Provides for plaza and landscaping around new city hall building CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT Redevelopment is in the USB GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater facility master plan PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 POLICY a. Encourage new development to retain stormwater runoff on-site COMMENT I Storm water will be retained on site CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY a. Require new streets to connect with other streets COMMENT The new streets provide for better connectivity POLICY b. Require the consideration of transit access in subdivision review COMMENT Transit pullouts are provided at city hall site POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and development to support alternative modes of transportation COMMENT Site is designed to be multimodal in nature POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT Transit pullout is provided as well as other modes encouraged CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT Site should encourage further commercial development in the downtown * The Comprehensive Plan includes several strategies with the policies in certain chapters. • Does the Preliminary Plat comply with applicable laws and ordinances? CITY CODE TITLE 17- LAND DEVELOPMENT Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments X 17.12.030, Copies to be Submitted, Notice and Fee 17.12.050 Staff The applicant has completed the requirements of these Comments sections. X Department Public Works: Comments The department has reviewed the applicant's proposal for compliance and finds that it meets the code requirements. X Department Engineering: Comments The department has reviewed the applicant's proposal for compliance and the Comments are attached. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 X Department Maintenance / Operations: Comments The department has reviewed the applicant's proposal for compliance, No comments received. X Department Fire Department: Comments This revised site does not have the hydrant at all. The fire department will need a hydrant near the entrance to this building. It will need to be positioned so it will not block the entrance when we lay a line for the building X Department Police Department: Comments The department has reviewed the applicant's proposal for compliance and finds that it meets the code requirements. No concerns. CITY CODE TITLE 17 — PRELIMINARY PLAT STANDARDS Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments 17.12.150 Form of Presentation X Staff Comments Applicant has provided all information required of this section. 17.12.160 Identification and Descriptive Data X Staff Comments Applicant has provided all information required of this section. X 17.12.170 Existing Conditions Data Staff Applicant has provided a preliminary plat showing existing Comments contours, locations of existing water and sewer systems, street names as Street A and Street B and rights-of-way, and all other information required of this section. See Eng. letter. X 17.12.180 Proposed Conditions Data Staff Applicant has provided a preliminary plat showing proposed Comments conditions including lot dimensions, easement use and locations, and street layout including proposed dedication of additional right-of-way. See Eng. letter for street names. 17.12.190 Proposed Utility Methods X Staff Water and sewer will be extended into the development, Comments applicant has provided service locations shown on the preliminary plat. Except fire hydrant service locations are not shown. See Eng. letter for need for Water and Sewer to each lot. CITY CODE TITLE 78- LAND USE Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments X 18.08.042A Height and area Regulations Staff This is proposed in the General Commercial (C-2) zone and is Comments limited to 70 ft. high and no minimum lot size. 18.08.044 Lot Width to depth ratio PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /94��' 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 X Staff This is proposed in the General Commercial (C-2) zone, Comments maximum ratio is 1:5 PUBLIC IMPROVEMENT REQUIREMENTS Improvement Description Water mainlines with services will be constructed and connected to existing Water water mainlines. Sewer Sewer mainlines with services will be constructed and connected to existing sewer mainlines. Streets Right-of-way has been dedicated and the street will be constructed per 16.12.020C and in accordance with the comprehensive plan. Storm Drainage Storm water from the street will be retained in the roadway drainage system, while storm water from the lots will be required to be retained on site. Pressurized Secondary Secondary irrigation facilities will need to be designed and constructed in Irrigation accordance with section 16.12.230 of city code. Parks N/A OTHER AGENCY COMMENTS AND REQUIREMENTS Agency I Comment BTPO Bureau of Indian Affairs Cable One Century Link Direct Communications ID Fish and Game ID Transportation Idaho Power Intermountain Gas School District 25 SE Idaho Public Health US Postal Service No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 EXAMPLE MOTIONS APPROVAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials to the City Council with the following conditions and waiver recommendations: 1. (if found necessary by LUDQ. APPROVAL (NO CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are not satisfied, I move to recommend denial of the preliminary plat request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. SPECIAL CONSIDERATIONS FROM IDAHO CODE: • I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. REPORT: Paul Andrus Planner pandrus@cityofchubbuck.us (208) 237-2430 Ext. 109 DATE: June 2. 2020 1. Application for Preliminary Plat 2. Plat 3. Narrative for Preliminary Plat 4. Engineering Letter 5. Maps a. Reference Map Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. EXHIBITS 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 b. Future Land Use c. Current Zoning 6. Evidence of Notice a. Site Postings b. Agency 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 CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION PAGE 1 OF 4 Requirements and procedures for Preliminary Plat applications are found in section 17.12.030 —17.12.190 of municipal code. The following must be filled out and submitted with all required documents in order to progress to the next stage of the review process; failure to submit a complete application packet may result in additional fees. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A —DEVELOPER/APPLICANT INFORMATION Al. Name City of Chubbuck & Chubbuck Development Authority A2. Mailing Address P.O. BOX 5604 City State Zip Code Chubbuck ID 83202 A3. Phone Number (including area code) A4. Email Address 208-237-2430 rburch@cityofchubbuck.us; dhillam@cityofchubbuck.us SECTION B — PROFESSIONAL SERVICES INFORMATION 131. Firm Name Dioptra 82. Mailing Address 4880 Clover Dell City State Zip Code Chubbuck ID 83202 63. Point of Contact (Name) 64. Email Address Stewart Ward stewart@dioptrageomatics.com SECTION C — SITE INFORMATION Cl. Site Address City Zip C2. Tax Parcel #(s) 4699 Burley Dr northwest corner of Linden & Burley Dr. Chubbuck 83202 RCBBA004006; RCBBA004005; RCBBA004004 C3. Current Land Use C4. Are there existing structures on-site? Building City Hall; storage building ® Yes ❑ No C5. Is the site under contract or in the name of the developer/applicant? C6. Approximate size of property 5.13 acres ® Yes ❑ No C7. Are there any existing items of which Staff should be aware? C8. Does the site contain irrigation water rights? ❑ Yes ® No If yes: © Yes ❑ No If yes, which company/district: Yes- Fort Hall. CDA assigned rights to City CHUBBUCKN a 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION PAGE 2 OF 4 SECTION D — PROPOSED DEVELOPMENT INFORMATION D1. Plat Name D2. Number of Lots Chubbuck City Hall 8 D3. Type of Land Uses within development (residential, commercial, industrial, etc.) D4. Water & Sewer Needs Commercial; Government D5. Are there any issues related to the development of which Staff should be aware prior to meeting? ❑ Yes ® No If yes: D6. Will the development contain any commonly -owned and/or maintained improvements (storm water, streets, parks/playgrounds, etc.)? ® Yes ❑ No If yes, what: Stormwater? SECTION E — ADDITIONAL SUBMITTAL REQUIREMENTS E1. Preliminary Plat Application Fees ( total # of lots X $5.00 + $203.00 base fee = $ ) - fee waived E2. Master Plan, for any preliminary plat that is a portion of a large parcel, part of a larger group of commonly held parcels, or part of a larger development which has been, or shall be developed by the developer, shall be accompanied by a master plan submitted during the preliminary platting process. Not part of master plan E3. Preliminary codes, covenants, and restrictions (CC&Rs) addressing maintenance of commonly -owned improvements and/or land, if the development will contain any commonly -owned improvements and/or land. N/A E4. Narrative indicating how the approval criteria for preliminary plats are addressed. Approval criteria are as follows (17.12.100): 1. The subdivision proposal complies with applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. 4. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. City_ CHUBBUCK IHHHH PO Box 5604 —5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us E5. PDF Drawings drawn according to municipal code containing the following: Code Reference Staff Preparer's Description Reviewers Initials Initials PRELIMINARY PLAT APPLICATION • Drawing Size (11"x22" minimum tI • Proposed Name • Location of Development by Sectic • Reference to Section or Quarter C< • Name, Address, Phone Number of • Name, Address, Phone Number of • North Arrow • Date of Preparation (Including Rev • Vicinity Man DH • Existing Contours @ adequate Interval DH • Existing Features DH • Existing Utilities DH • Existing -O-W, easements, public are: DH Instrument # for parcels with common • Existing & proposed zoning • Total acreage DH • Boundary dimensions • Street layout (including width) • Street names • Connections to existing streets • Lot dimensions • Lot numbers • Total number of lots *—Location, width, and use of easen • Designation of land for public use 22"x34" PAGE 3 OF 4 lines UH • rroposea sewage disposal DH Proposed water supply DH • Proposed storm water disposal -T Aa fs%•.�„v • 5 acres per 1,000 peol • Contribution in lieu of PO Box 5604 — 5160 Yellowstone Avenue p Chubbuck,ID 83202 — Fax 208.237.2 CHUBBUCK 208.ww 2/ Cit ofChubbu k us 409 INNNN SECTION F- CERTIFICATION PRELIMINARY PLAT APPLICATION PAGE 4 OF 4 • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 agree to comply with all provisions of ordinances and laws governing this type of work, whether specified herein or not. • 1 am aware that if this application is not complete, the preliminary plat review process will not continue until it is so deemed by the City upon further submission of materials. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. F1. Signature I F2. Printed Name F3. Date " evin Hillam/Rodney Burch 5.11.20 SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Deemed complete? Reviewed by: Date: ❑ Yes ❑ No If no, list concern(s): Applicant Notified? ❑ Yes ❑ No Comments: NOTES Existing Zoning C2 Subdivision Area 5.13 acres Proposed Lots 8 Storm Water detention to be determined Sewer and Water will connect to Existing Utilities Lot 2 of Block 1 , Lot 2 of Block 2, and Lot 4 of Block 3 will be dedicated as public right—of—way for Burley Drive and East Linden Avenue. Road A & Road B will be dedicated as public right—of—way This parcel has surface irrigation rights There are 146 proposed parking spaces and 8 proposed handicapped parking spaces 0 R 0 W Found 1/2" Rebar w/Plastic Cap PLS 2341 Per ROS Instr.#21515392 SURVEYORS DIOPTRA LLC 4880 CLOVER DELL CHUBBUCK, IDAHO 83202 208-237-7373 OWNERS CITY OF CHUBBUCK 5160 YELLOWSTONE AVE. CHUBBUCK, IDAHO 83202 208-237-2430 BASIS OF BEARING Basis of bearing per Idaho State Plane Coordinate System — East Zone. GPS observation combination factor: 1.0002579939. E 1/16 Corner North Line Sec. 10 Found 2" Alum. Cap Per CP&F #20700877 NE 1/16 Corner Sec. 10 Found 2" Alum. Cap Per CP&F #20621178 Preliminary Plat For CHUBBUCK CITY HALL A PORTION OF LOT 12 OF BONNIEBRAE ACRES TOWNSITE LOCATED IN NE 1/4 SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF BANNOCK. X ROW 4470 OP UGP C W SS W SS O SD 0 RE LEGEND Parcel Boundary Lot Line Fence Lines Right—of—Way Adjoining Parcels Section Line Easements Road Center Line Existing Features Existing Ground Contour Existing Overhead Power Existing Underground Power Existing Communication Existing Water Existing Sewer Proposed Road Centerline Proposed Water Proposed Fire Hydrant Proposed Curb Proposed Sewer Proposed Sewer Manhole Proposed Storm Drain Proposed Storm Manhole Proposed Storm Inlet �\ONPL LAND �CID \CENSEp 0 P S'T F OF �P�O qRT K SURVEYORS CERTIFICATE I, Stewart K. Ward, a Registered Professional Land Surveyor in the state of Idaho do hereby certify that this plat is an accurate representation of this survey completed under my supervision. City Hall Plat- Preliminary Submittal Narrative 5/11/20 EA 1. The subdivision proposal complies with applicable provisions of this title. Yes. The plat was designed with technical assistance of the Engineering and Planning departments and meets all requirements. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. Yes. The plat was designed with technical assistance of the Engineering and Planning departments and meets all requirements. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. Yes. The plat was designed with technical assistance of the Engineering and Planning departments and meets all requirements. A conditional use permit for city hall was previously obtained. 4. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. Yes. The plat was designed with technical assistance of the Engineering and Planning departments and meets all requirements. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. Traffic volumes do not warrant a traffic impact study. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. Yes. The new plat will even better connect the downtown area. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. No routes are shown on this site but the development will have numerous bike/ped accommodations both internally and a transit stop on Burley Dr. . 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. The plat was designed with technical assistance of the Engineering and Planning departments and meets all requirements. laofk\ CHUBBUCK I o A H 0 May 21st, 2020 RE: Chubbuck City Hall Engineering Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us The Engineering Department has reviewed the preliminary plat submitted for the above mentioned development and has the following comments: 1. Road names should be discussed and determined for Road A and B. The location of Road B doesn't line up with the approach on the east side of Burley Drive. Offsetting streets or approaches across from each other can't be less than 300 feet for minor arterials per City requirements. An exception or waiver from City Council or other accommodation should be required at this time. The parcel of the proposed development has agricultural water rights. Per City Code 16.12.230, "All developments with appurtenant agricultural water rights shall be required to construct a secondary pressure irrigation system to the standards of this section to utilize the water rights for the development." We understand the City intends to pursue an area -wide irrigation system to serve the down town area at a future date, including this site, to meet the irrigation requirement. If the postponement of the irrigation system is acceptable, accommodations should be provided as part of this project to allow for services to be provided to all of the lots at a future time. 4. Potable water and sanitary sewer services will be required for each lot throughout this development. We understand the construction plans will address this requirement. The Engineering Department recommends the above comments be considered during the discussion of the preliminary plat approval. If there are any questions regarding this matter that remain unanswered, please feel free to contact me. Sincerely, Derek Kennedy Engineering Dept. P� Engineering � Development� City HaIAPlatting -Land Use�Preliminaryjl submitted 5-18-20�City Hall Pre Plat -Review DK 5-21- 20.docx 1/2020, 10:17:59 AM 1:4,514 Bannock County Parcels Road Centerline 0.04 0.08 0.05 0.1 0.2 km City of Chubbuck GIS, Source: Esri, DigitalGlobe, GeoEye, Eartl Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, the GIS User Community, City of Chubbuck GIS, Planning Development Comprehensive Plan /2020, 10:22:25 AM 1:4,514 Future Land Use Designation o 0.04 0.08 Bannock County Parcels Medium Density Commercial Road Centerline Mixed Use Employment 0.05 0.1 0.2 km City of Chubbuck GIS, Source: Esn, DigitalGlobe, Geo Eye, Eartl Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, the GIS User Community, City of Chubbuck GIS, Planning Development Comprehensive Plan /2020, 10:26:46 AM 1:4,514 Bannock County Parcels - Dense Residential (R-4) Industrial (1) Road Centerline Limited Commercial (C-1) Planned Unit Development (PUD) .ng ! General Commercial (C-2) 1 Limited Residential (R-2) 0.04 0.08 0.05 0.1 0.2 km City of Chubbuck GIS, Source: Esd, DigitalGlobe, GeoEye, Eartl Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, the GIS User Community, City of Chubbuck GIS City of Chubbuck Planning and Development r AW ft Lt:$Ir- X 3 NVO I FIN RAI It'll Moir "'t Sq WARRANTY DEED Order No.: 338004AM FOR VALUE RECEIVED Marshall J. Dunn, an unmarried person the grantor(s), do(es) hereby grant, bargain, sell and convey unto City of Chubbuck and Chubbuck Development Authority whose current address is: P.O. Box 5604 Chubbuck, ID 83202 the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT: A parcel of land located in the Northeast % of Section 10, Township 6 Boise Meridian, Bannock County, Idaho. It is also a portion of Lot 12 of Bonniebrae Acres and is more BEGINNING at the Southwest corner of said Lot 12; Thence South 85 Northerly right of way line of Atholl Avenue (E Linden Ave) 84.00 feet to the Southeast corner of Instrument No. 95 BEGINNING; Thence North 0°09'03" West parallel to the East line of Bonniebrae Aci of Instrument No. 95003318 a distance of 120.00 feet; Thence North 89°32'08" West parallel to the Northerly right of way of) 95.64 feet to the West line of said Lot 12; Thence North 5°41'03" West Lot 12 a distance of 42.75 feet; Thence South 89°21'11" East 184.71 feet; Thence South 2°06'41" West 161.97 feet to an intersection with an Ea: Northerly right of way line of Atholl Ave (E Linden Ave); Thence North 89°32'08" West along the Northerly right of way line of and its Easterly prolongation 78.54 feet to the TRUE POINT OF BEGIN ath, Range 34 East, described as follows: )8" East along the i18, the TR70E POINT OF and along the East line .oll Ave (E Linden Ave) mg the West line of said rly prolongation of the oll Ave (E Linden Ave) TO HAVE AND TO HOLD the said premises, with their appurtenances unto Ithe said Grantee, heirs and assigns forever_ And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and righi s of way; apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: December 4, 2019 Marshall J Dunn fl l State of Idaho I ss County of Bannockl On this 5th day of December, 2019, before me, Jordan L_ Kress a Notary Public in appeared Marshall J. Dunn, known or identified to me to be the person(s) whose n within Instrument and acknowledged to me that he executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal t certilicate first above written. No Public for the State of Idaho �0RDAP4 IL i4RESS �`�'rM&CSS vN 2w Re ing at: Pocatello, Idaho NOTARY PUBLIC Commission Expires: 7/26/2022 8 -AT.- OF ak't`) for said state, personally (s) is subscribed to the day and year in this A A m" eAr iTi t I e 1523 Yellowstone Ave., Pocatello, ID 83201 Phone: (208) 232-4700 Fax: (208) 232-4709 December 9, 2019 City of Chubbuck and Chubbuck Development Authority P.Q. Box 5504 Chubbuck, ID 83202 File No.: 338004AM We enclose herewith the following: Policy of Title Insurance Original Deed recorded as Instrument No. 21919235 Thank you for doing business with us. We hope to be of service to you again. Sincerely, AmeriTitle, Inc. Corinna Cobbley ALTA Owner's Policy (6-17-06) OWNER'S POLICY OF TITLE INSURANCE * Policy Number OX -12928793 * * Issued by Old Republic National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or ALTA Owner's Policy (6-17-06) (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. ALTA Owner's Policy (6-17-06) 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Issued through the Office of: AmeriTitle, Inc. 1650 Elk Creek Dr. Idaho Falls, ID 83404 (208)524-6600 Authorized Signature OLD REPUBLIC NATIONALMLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 1612J371-1111 By Attest President Secretary ALTA Owner's Policy (6-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. ALTA Owner's Policy (6-17-06) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title': The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE ALTA Owner's Policy (6-17-06) The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. ALTA Owner's Policy (6-17-06) 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in Its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. ALTA Owner's Policy (6-17-06) (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (1) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. ALTA Owner's Policy (6-17-06) (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. ALTA Owner's Policy (6-17-06) 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of ALTA Owner's Policy (6-17-06) $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. ALTA Owner's Policy (6-17-06) 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499. SCHEDULE A Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, MN 55401 800-328-4441 Order Number Policy Number Date of Policy 338004AM OX -12928793 December 5, 2019 11:29AM Address Reference: 224 East Linden Avenue, Chubbuck, ID 83202 1. Name of Insured: City of Chubbuck and Chubbuck Development Authority 2. The estate or interest in the Land that is insured by this policy is: FEE SIMPLE 3. Title is vested in: City of Chubbuck and Chubbuck Development Authority 4. The Land referred to in this policy is described as follows: ALTA Owner's Policy (6-17-06) Amount of Premium Insurance Amount $165,000.00 $875.00 A parcel of land located in the Northeast % of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho. It is also a portion of Lot 12 of Bonniebrae Acres and is more particularly described as follows: BEGINNING at the Southwest corner of said Lot 12; Thence South 89°32'08" East along the Northerly right of way line of Atholl Avenue (E Linden Ave) 84.00 feet to the Southeast corner of Instrument No. 95003318, the TRUE POINT OF BEGINNING; Thence North 0°09'03" West parallel to the East line of Bonniebrae Acres and along the East line of Instrument No. 95003318 a distance of 120.00 feet; Thence North 89032'08" West parallel to the Northerly right of way of Atholl Ave (E Linden Ave) 95.64 feet to the West line of said Lot 12; Thence North 5041'03" West along the West line of said Lot 12 a distance of 42.75 feet; Thence South 89021'11" East 184.71 feet; Thence South 2006'41" West 161.97 feet to an intersection with an Easterly prolongation of the Northerly right of way line of Atholl Ave (E Linden Ave); ALTA Owner's Policy (6-17-06) Thence North 89032'08" West along the Northerly right of way line of Atholl Ave (E Linden Ave) and its Easterly prolongation 78.54 feet to the TRUE POINT OF BEGINNING. END OF SCHEDULE A ALTA Owner's Policy (6-17-06) SCHEDULE B Order No.: 338004AM Policy No.: OX -12928793 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorney's fees, or expenses that arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights or easements appurtenant to water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the public records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 7. All minerals in or under said land including but not limited to metals, oil, gas, coal, stone and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 8. Ditch, road and public utility easements as the same may exist over said premises. 9. Levies and assessments of the Fort Hall Irrigation District, and the rights, powers and easements of said district as by law provided. 10. Easements, reservations, notes and/or dedications as shown on the official plat of Bonniebrae Acres 11. The provisions contained in Contract, Recorded: November 7, 1939, Instrument No.: 205251. As follows: see hyperlinked document for details 12. An easement including the terms and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: City of Chubbuck Purpose: Public Utilities Recorded: July 24, 1973 Instrument No.: 511665 13. Agreement and the terms and conditions contained therein Between: Bowen Petroleum, Inc. And: City of Chubbuck Purpose: Development Agreement Recorded: July 20, 1998 Instrument No.: 98014151 ALTA Owner's Policy (6-17-06) 14. An easement including the terms and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: City of Chubbuck Purpose: Public Utilities Recorded: June 12, 2001 Instrument No.: 20713879 END OF SCHEDULE B AMERITITLE, INC. PRIVACY POLICY NOTICE As of March 13, 2019 PURPOSE OF THIS NOTICE AmerMtle, Inc., (the "Company") shares your concerns about privacy. The Company is committed to respecting the privacy of our customers. Therefore, in accordance with Federal and State laws and regulations, we are providing you with this notice of how we might use the information about you which we gather in the process of issuing a policy of title insurance and closing your real estate transaction. Title V of the Gramm -Leach -Bliley Act (GLBA) and the laws of the State in which you reside generally prohibit us from sharing non-public personal information about you with a third party unless we provide you with this notice of our privacy policies and practices, such as the type of information that we collect about you and the categories of persons or entities to whom that information might be disclosed. In compliance with GLBA and the laws of this State, we are providing you with this document, which notifies you of the privacy policies and practices of the Company. Our Privacy Policies and Practices Information we collect and sources from which we collect it: We do not collect any nonpublic information about you other than the following: • Information we receive from you or from your attorney or other representatives on applications or other forms, such as your name, address, telephone number, or social security number • Information about your transactions with us, such as description, price, or term In addition, we may collect other nonpublic personal information about you from affiliated/ nonaffiliated third parties, such as individuals and companies other than those proposed for coverage, which may include information in documents received from your lender Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional information will be collected about you. Information we disclose to third parties In the course of our general business practices, we may disclose the information that we collect (as described above) about you or others without your permission to the following types of institutions for the reasons described: • Financial Service Providers: o To an insurance institution, agent, or credit reporting agency in order to detect or prevent criminal activity, fraud or misrepresentation in connection with an insurance transaction; o To an insurance institution, agent, or credit reporting agency for either this Company or the entity to which we disclose the information to perform a function in connection with an insurance transaction involving you. • Others: To an insurance regulatory authority, law enforcement, or other governmental authority in order to protect our interests in preventing or prosecuting fraud, or if we believe that you have conducted illegal activities; To a third party such as a surveying, real estate tax research or municipal data firm if the disclosure will enable that party to perform a business, professional or insurance function for us; To an actuarial or research organization for the purpose of conducting actuarial or research studies. The disclosures described above are permitted by law. We require any third party who receives information from us to agree to not disclose or use the information provided other than to carry out the purpose(s) for which it was disclosed. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH AFFILIATES OR NON-AFFILIATED THIRD PARTIES FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. Your right to access and amend your personal information: You have the right to request access to the personal information that we record about you. Your right includes the right to know the source of the information and the identity of the persons, institutions or types of institutions to whom we have disclosed such information within 2 years prior to your request. Your right includes the right to view such information and copy it in person, or request that a copy of it be sent to you by mail (for which we may charge you a reasonable fee to cover our costs). Your right also includes the right to request corrections, amendments or deletions of any information in our possession. The procedures that you must follow to request access to or an amendment of your information are as follows: To obtain access to your information from AmeriTitle.: You should submit a request in writing to: Compliance Officer AmeriTitle, Inc. 15 NW Oregon Avenue Bend, OR 97703 The request should include your name, address, policy number, telephone number and the information to which you would like access. The request should state whether you would like access in person or a copy of the information sent to you by mail. Upon receipt of your request, we will contact you within 30 business days to arrange providing you with access in person or the copies that you have requested. To correct amend or delete any of your information: You should submit a request in writing to the address referenced directly above. The request should include your name, address, policy number, telephone number, the specific information in dispute, and the identity of the document or record that contains the disputed information. Upon receipt of your request, we will contact you within 30 business days to notify you either that we have made the correction, amendment or deletion, or that we refuse to do so and the reasons for the refusal which you will have an opportunity to challenge. Our practices regarding information confidentiality and security: We restrict access to nonpublic information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Our policy regarding dispute resolution: In the event you believe the Company has not complied with the Privacy Policies and Practices as set forth in this Notice, you must give the Company notice in writing addressed to the Compliance Officer at the above address setting forth the reasons for such non-compliance. The Company shall not be deemed to be in breach of the Privacy Policies and Practices unless is has not resolved or explained the issues set forth in such notice within thirty (30) days to your reasonable satisfaction, All claims arising under this Notice shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Reservation of the right to disclose information in unforeseen circumstances: In connection with the potential sale or transfer of its interests, the Company reserves the right to sell or transfer your information (including but not limited to your address, name, age, sex, zip code, state and country of residency and other information that you provide through other communications) to a third party entity that (1) concentrates its business in a similar practice or service; (2) agrees to be a successor in interest of the Company with regard to the maintenance and protection of the information collected; and (3) agrees to the obligations of this privacy statement. Other Important Information: The Company's website may contain links to other websites or Internet resources. The Company does not endorse or otherwise accept responsibility for the content or privacy policies of those websites or Internet resources. The Company reserves the right to modify this Privacy Policy at any time. We will promptly reflect any such modifications in this document and, when we do, we will revise the "effective as of" date noted above. Any updated version of this Privacy Policy will be effective as of that date. 0FFICIALRECORDEK66 FEE16.00 DEPUTY KP BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF AmeflTXle-Pocaele Ameti itle 21919236 2019 Dec 05 AM 11:29 Eleclmnlcally Rec"rtletl by SImplllile WARRANTY DEED Order No.: 338004AM FOR VALVE RECEIVED Marshall J. Dunn, an unmarried person the grantor(s), do(es) hereby grant, bargain, sell and convey unto City of Chubbuck and Chubbuck Development Authority whose current address is: P.O. Box 5604 Chubbuck, ID 83202 the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT: A parcel of land located in the Northeast Y4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho. It Is also a portion of Lot 12 of Bomilebme Acres and is more particularly described as follows: BEGINNING at the Southwest earner of said Lot 12; Thence South 89°32'08" East along the Northerly right of way line of Atholl Avenue (B Linden Ave) 84.00 feet to the Southeast corner of Instrument No. 95003318, the TRUE POINT OF BEGINNING; Thence North 0'09'03" West parallel to the East line of Sonniebme Acres and along the East Hne of Inatmment No. 95003318 a distance of 120.00 feet; Thence North 89°32'08" West parallel to the Northerly right of way of AthoN Ave (E Linden Ave) 95.64 feet to the West Hue of said Lot 12; Thence North 6'41'03" West along the West line of said Lot 12 a distance of 42.75 feet; Theme South 89"21'11" East 184.71 feet; Thence South 2°06'41" West 161.97 feet to an intersection with an Easterly prolongation of the Northerly right of way line of Atholl Ave IS Linden Ave); Thence North 89°32'08" West along the Northerly right of way Has of Atholl Ave IS Linden Ave) and its Easterly prolongation 78.54 feet to the TRUE POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Greater does hereby covenant to and with the said Grantee(s), that (s)he is/arc the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: December 4, 2019 Marshal J Dunn State of Idaho) m County of Bannock) On this 5th day of December, 2019, before me, Jordan L. Kress a Notary Public in and for said state, personally appeared Marshall J. Dunn, known or identified to me to be the person(s) whose name(s) is subscribed to the within Instrument and acknowledged to me that he executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fust above written. 1 JORDAN L IOiESS y NO Public for the State of Idaho COMMISSION #88238 Re l ing at: Pocatello, Idaho NOTARYPUBLIO Commission Expires: 7/26/2022 STATE OF IDAHO MY OOMMWa(ON WIRM 07ftWa t A It WARRANTY DEED Order No.: 338004AM FOR VALUE RECEIVED Marshall J. Dunn, an unmarried person the grantor(s), do(es) hereby grant, bargain, sell and convey unto City of Chubbuck and Chubbuck Development Authority whose current address is: P.O. Box 5604 Chubbuck, ID 83202 Reco, ded eCt 4onicZ'j—ally]County VU0Date Ej Time� Simplifilexom 800.460.5657 a the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT: A parcel of land located in the Northeast 1/a of Section 10, Township 6 South, Range 34 East, Boise Meridian., Bannock County, Idaho. It is also a portion of Lot 12 of Bonniebrae Acres and is more particularly described as follows: BEGINNING at the Southwest corner of said Lot 12; Thence South 89°32'08" East along the Northerly right of way line of Atholl Avenue (E Linden Ave) 84.00 feet to the Southeast corner of Instrument No. 95003318, the TRUE POINT OF BEGINNING; Thence North 0°09'03" West parallel to the East line of Bonniebrae Acres and along the East line of Instrument No. 95003318 a distance of 120.00 feet; Thence North 89°32'08" West parallel to the Northerly right of way of Atholl Ave (E Linden Ave) 95.64 feet to the West line of said Lot 12; Thence North 5°41'03" West along the West line of said Lot 12 a distance of 42.75 feet; Thence South 89°21'11" East 184.71 feet; Thence South 2°06'41" West 161.97 feet to an intersection with an Easterly prolongation of the Northerly right of way line of Atholl Ave (E Linden Ave); Thence North 89°32'08" West along the Northerly right of way line of Atholl Ave (E Linden Ave) and its Easterly prolongation 78.54 feet to the TRUE POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: December 4, 2010 Marshall J Dunn State of Idaho ' ss County of Bannock', On this 5th day of December, 2019, before me, Jordan L. Kress a Notary Public in and for said state, personally appeared Marshall J. Dunn, known or identified to me to be the person(s) whose name(s) is subscribed to the within Instrument and acknowledged to nye that he executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cert icate first above written. JORDAN L KRES3 No Public for the State of Idaho COMMON #6W38 Rc a ing at: Pocatello, Idaho NOTPUBLIC Commission Expires: 7/26/2022 STATE OFIDAH Mir i;L?.'vIMIS$I0 ®CPI'SFS 07f ?2 A A m*' e'r ih t I e Order No.: 324423AM FOR VALUE RECEIVED OFFICIAL RECORD BK# 0 FEE 15-00 DEPUTY JB BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF AmenTitle - Pocatello 21916257 2019 Oct 18 PM 02:14 Electronically Recorded by Simplifile WARRANTY DEED Idaho Central Credit Union, an Idaho Corporation the grantor(s), do(es) hereby grant, bargain, sell and convey unto City of Chubbuck, an Idaho Municipal Corporation whose current address is: P.O. Box 5604 Chubbuck, ID 83202 the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT: A portion of Lot 12 of Bonniebrae Acres, located in Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described as; Commencing at the Northeast 1/16 corner of Section 10, Township 6 South, Range 34 East, and running thence N00°04'30"W 397.41 feet along the East 1/ 16th line of said Section 10 to the centerline of Linden Avenue, thence N89°30'03"W 25.00 feet to the West right-of-way line of Burley Drive, thence continuing N89`30'03"W 67.00 feet the True Point of Beginning. Thence N89°30'03"W 220.67 feet along the South line of Deed Instrument #21807227; thence N00°32'05"E 302.04 feet; thence 889°27'55"E 220.67 feet; thence SOO°32'05"W 301.90 feet to said South line, said point being the True Point of Beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: October 14, 2019 Idaho Central Credit Union By: -6,'&, Kent Oram, CEO State of Idaho)ss. County of Bannock) On this 15 day of October, 2019, before me, Thais M. Ayre a Notary Public in and for said state, personally appeared Kent Oram known to me to be the CEO of the Idaho Central Credit ion Corporation, and acknowledged to me that pursuant to a Resolution of the Board of Directors he she executed the foregoing in said Corporation name. I WI ESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year in this ce of to I t above vnlqen. THAIS M AYRE ary Public for the tat o Idah COMMISSION #14502 siding at: Chubbuck, IbjNOTARY PUBLIC Commission Expires: 6/13/2025 STATE OF IDAHO PAY (X)MA9!SSIQN EXPIRES QS/13f2025 WARRANTY DEED Order No.: 324412AM FOR VALUE RECEIVED Idaho Central Credit Union, an Idaho Corporation the grantor(s), do(es) hereby grant, bargain, sell and convey unto Chubbuck Development Authority, an Urban Renewal Agency of the City of Chubbuck whose current address is: P.O. Box 5604 Chubbuck, ID 83202 the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT: A portion of Lot 12 of Bonniebme Acres, located in Section 10, Township 6 South, Range 34 East Boise Meridian, Bannook County, Idaho, described as; Commencing at the Northeast 1116th comer of Section 10, Township 6 South, Range 34 East and ruaafng thence N00'04'30"W 397.41 feet along the East 1116th Nue of said Section 10 to the centerline of Linden Avenue, thence N89"30'03"W 25.00 fee to the West rightof-way, line of Burley Drive, said point being the True Point of Beginning. Thence N89°30'03"W 67.00 feet along the South line of Deed Instrument #21807227; thence NOO'3WOS"E 301.90 feet; thence N89"27'55"W 220.67 feet; thence SOO"32'05"W 302.04 feet to the South line of said Deed and the centerline of Linden Avenue; thence N89'30'03"W 104.11 feet along said South Hue; thence NOS'20'56"W 25.01 feet along the West line of said Deed to the North line of Linden Avenue; thence S89"30'03"E 11.71 feet along said North line; thence along the West line of said Deed the following seven (7) courses: 11 NO2°09'54"E 161.91 feet; 2) Thence N89"19'39"W 184.64 feet; 3) Thence N05"27'58"W 13.32 feet; 41 Thence N20'35'28 W 90.03 feet; 51 Thence N35'38'47"W 60.01 feet; 6) Thence N46'14'10"W 65.69 feet; 7) Thence N44'65'58"E 42.79 feet to the North line of said Deed; Thence 589'31'39"E 643.75 feet along the North Hae of said Deed to the West right-of-way line of Barley Drive; Thence S00'04'30"E'409.00 feet along said right-of-way, to the True Point of Beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent Or Of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: October 14, 2019 Idaho Central Credit Union Kent Oram, CEO State of Idaho)ss. County of Bannock) On this 15 day of October, 2019, before me, Thais M. Ayre a Notary Public in and for said state, personally appeared Kent Oram known to me to be the CEO of the Idaho Central Credit/j�1�ry�ton Corporation, and acknowledged to me that pursuant to a Resolution of the Board of Directors`G. she executed the foregoing in said Corporation name. IN ITSSWHEOF,havehereuntoset my hand and affixed my official seal the day and year in this e above7HA1S"AYRE COMA7ISry Public for the Statedaho NOTARY PUBLICding at Chubbuck, ID MY CDh�➢W1�S.Aglpry E#PDRAEHS �ta2sz5 Commission Expires: 6/13/2025 OFFIGIALRECORDBO. 0 FEE 15.00 DEPUTY JB BANNOCK COUNTY IDAHO REGORDEDAT REQUEST OF AWTNe-Pocatello Aft 21916258 2019 Oct 18 PM 02:14 AmeriTitle Elecirwticall Rx tdby Simplifile WARRANTY DEED Order No.: 324412AM FOR VALUE RECEIVED Idaho Central Credit Union, an Idaho Corporation the grantor(s), do(es) hereby grant, bargain, sell and convey unto Chubbuck Development Authority, an Urban Renewal Agency of the City of Chubbuck whose current address is: P.O. Box 5604 Chubbuck, ID 83202 the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT: A portion of Lot 12 of Bonniebme Acres, located in Section 10, Township 6 South, Range 34 East Boise Meridian, Bannook County, Idaho, described as; Commencing at the Northeast 1116th comer of Section 10, Township 6 South, Range 34 East and ruaafng thence N00'04'30"W 397.41 feet along the East 1116th Nue of said Section 10 to the centerline of Linden Avenue, thence N89"30'03"W 25.00 fee to the West rightof-way, line of Burley Drive, said point being the True Point of Beginning. Thence N89°30'03"W 67.00 feet along the South line of Deed Instrument #21807227; thence NOO'3WOS"E 301.90 feet; thence N89"27'55"W 220.67 feet; thence SOO"32'05"W 302.04 feet to the South line of said Deed and the centerline of Linden Avenue; thence N89'30'03"W 104.11 feet along said South Hue; thence NOS'20'56"W 25.01 feet along the West line of said Deed to the North line of Linden Avenue; thence S89"30'03"E 11.71 feet along said North line; thence along the West line of said Deed the following seven (7) courses: 11 NO2°09'54"E 161.91 feet; 2) Thence N89"19'39"W 184.64 feet; 3) Thence N05"27'58"W 13.32 feet; 41 Thence N20'35'28 W 90.03 feet; 51 Thence N35'38'47"W 60.01 feet; 6) Thence N46'14'10"W 65.69 feet; 7) Thence N44'65'58"E 42.79 feet to the North line of said Deed; Thence 589'31'39"E 643.75 feet along the North Hae of said Deed to the West right-of-way line of Barley Drive; Thence S00'04'30"E'409.00 feet along said right-of-way, to the True Point of Beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent Or Of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: October 14, 2019 Idaho Central Credit Union Kent Oram, CEO State of Idaho)ss. County of Bannock) On this 15 day of October, 2019, before me, Thais M. Ayre a Notary Public in and for said state, personally appeared Kent Oram known to me to be the CEO of the Idaho Central Credit/j�1�ry�ton Corporation, and acknowledged to me that pursuant to a Resolution of the Board of Directors`G. she executed the foregoing in said Corporation name. IN ITSSWHEOF,havehereuntoset my hand and affixed my official seal the day and year in this e above7HA1S"AYRE COMA7ISry Public for the Statedaho NOTARY PUBLICding at Chubbuck, ID MY CDh�➢W1�S.Aglpry E#PDRAEHS �ta2sz5 Commission Expires: 6/13/2025 CHUBBUCK Memo Office of Community Planning & Economic Development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: Land Use & Development Commission From: Don Matson, Planning Manager Date: May 29, 2020 Re: Chapter 18.10 Accessory Dwelling Units (ADU) Draft Attached is a revised draft of the proposed new section of code addressing accessory dwelling units (ADUs). As discussed in our last study session, there is a need for additional housing in the community for a variety of family types, including people relocating to the Portneuf Valley for opportunities at places like INL or the FBI. ADUs can also provide supplemental income and security to the owner, and even small well-designed infill can have positive benefits to the community and on the city tax base and utility rates. Currently an ADU is defined broadly as a residential rental dwelling, with an approval process similar to home-based businesses. In the code there is some preference to allowing an ADU if the primary residence is owner occupied, but there is no guidance on the size, appearance, or parking. To prepare this draft, information was gathered from 40 other municipal codes, with more than half of those in the State of Idaho. In a few cases ADUs were allowed, but no specifics were addressed. Others, particularly in college towns, limited the number of occupants and/or had details for owner occupancy. • In two thirds of all cases a maximum size was defined, with an average of approximately 900 square feet (range 600sf to 1500 sf) o Some limited size based on the square footage of the primary residence, the size of the lot, or some combination of factors o Some limited # of bedrooms, occupants, or non -related persons o The smaller size limits tended to be in college towns, the larger sizes were mostly in resort communities and other places with high housing prices ■ Boise, Moscow, Missoula, Bozeman —each 600 sf max 0 Blaine County, Bellevue, Ketchum —each 1,200 sf max o The suggested size limit in the draft is 1,000 square feet, rather than on # of rooms o If a property owner is converting an entire floor (such as a basement) to an ADU, the draft would allow more than 1,000 square feet • In several places owner occupancy is required for an ADU, and a few of those places require a deed restriction to enforce the owner occupancy requirement. o Our current code requires a Conditional Use Permit if the home isn't owner - occupied o The ownership and deed restriction requirements provided in the draft are less common and have faced legal challenges The draft ADU code doesn't propose any change to the land use table in 18.08.040 A suggestion from the Commission at the last meeting is included in the draft regarding the definition of owner. Another change regarding ADUs from the draft Definitions ordinance was moved to the end of this draft. Both are highlighted. Additional input from the Commission is welcome. The current reference in code can be found here (scroll down to subsection N): (https://www.sterlinq cod if iers.com/codebook/getBookData.php?chapter id=44071#s11 57688). PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 Chapter 18.10 ACCESSORY DWELLING UNITS 18.10.010: PURPOSE: The purpose of this chapter is to: allow a more economic and efficient use of the City's housing supply, land, and infrastructure; provide a mix of housing that responds to changing family amily needs; provide a means for homeowners, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; arotect neiahborhood stability and aroaerty values: and maintain the aoaearance and character of Chubbuck's single household neighborhoods. 18.10.020: OWNERSHIP: If the proposed accessory dwellina is located in the A, R-1, R-2 or R-213 zone: A. The owner of the property on which the accessory dwelling is to be created shall occupy one or the other of the dwelling units. For the purposes of this section: 1. Owner shall mean one or more individuals who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence; a natural or adopted parent, grandparent, child, grandchild, aunt, uncle, brother, or sister of the owner of the dwelling may be considered the owner occupying one or the other of the dwelling units. 2. Owner occupancy shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and resides at the site more than six months in angiven iven year. B. Before obtaining a building permit, a deed restriction shall be recorded requiring that either the primary unit or the accessory unit be owner occupied and that the accessory dwelling shall not be sold separately. The deed restriction shall run with the land, but may be lifted at a future time if the main dwelling and the accessory are converted back into a single residence, or the property conforms to current zoning standards. 18.10.030: LOCATION: A. An accessory dwelling unit is located on the same lot as a single household dwelling unit, either within the same building as the single household dwelling or in a detached building such as a guest house or attached to a garage. It shall not be attached to a duplex or other multi -family structure. B. An accessory dwelling unit may also be attached to or part of a non-residential structure or land use, such as a caretaker unit, parsonage, live -work unit, or loft apartment. Multiple apartments above or behind commercial space in mixed-use buildings are not considered accessory dwellings. C. Accessory dwelling units are permitted, conditionally permitted, or permitted with restrictions throughout the City, per the Schedule of General Controls; Land Uses by Districts found in 18.08.040. 18.10.040 SIZE AND HEIGHT: A. Accessory units associated with a single household dwelling shall be smaller than and clearly subordinate to the primary dwelling unit, and no larger than 1,000 square feet in size. If the accessory dwelling will occupy one level of the home (e.g., basement), it is not feasible to use the remaining area on that level as part of the primary dwelling, and it meets all other requirements of this chapter, it may be authorized by the Director or his designee to occupy the entire level, regardless of size. B. An accessory dwelling unit associated with a non-residential structure or land use shall not be limited in size but must be smaller than, and subordinate to, the primary land use. C. If an accessory dwelling is created from new construction attached to or detached from an existing home, the heiaht thereof shall not exceed the heiaht of the main structure on site, or as Dermitted by the underlying zoning district, whichever is less. 18.10.050: PARKING AND ACCESS: A. For accessory units associated with a single household dwelling, one (1) additional off-street parking space shall be required in addition to the spaces required for the primary dwelling. Garages and carports may be included in the required amount of off-street parking. Residential driveway_ parking spaces shall be at least 10' wide and 20' deep from back of sidewalk. B. For accessory units associated with a non-residential structure or land use, parking may be shared with the primary land use, but at least one (1) parking space shall be dedicated for each bedroom if the dwelling is greater than 1,000 square feet in size. C. A waiver to the parking requirements may be granted by the Director subject to documentation that unusual circumstances of the occupancy will result in a reduced need for parking on the premises and will not negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be documented in the deed restriction required in Section 020, above. D. A walkway shall be provided from the accessory unit to the street, and shall be a minimum of three feet (3') wide and shall be finished with a hard all-weather surface. 18.10.060: DESIGN COMPATIBILITY: A. In order to maintain an exterior consistent with the primary dwelling and the character of the neighborhood, or the associated non-residential structure or land use, any additions or modifications to create an accessory dwelling unit shall incorporate materials, colors, and design motifs that are compatible with and complement of the primary dwelling or land use, including siding, roofing materials, exterior colors, window trim, and roof style. If it is not feasible for the accessory dwelling to meet these requirements, an alternative design may be approved through a Design Review process. B. For accessory dwelling units attached to a house, only one entrance to the structure may be located on the front buildina elevation of the house unless multiple entrances are alreadv in existence. C. The accessory dwelling shall not be created in or from a production building, vehicle, or temporary structure. Conversion of a garage is not permitted unless the required parking can be sited legally elsewhere on the property. Chapter 18.12.030.N- 18.10.070: PERMIT PROCEDURES FOR Residential Rental Dwelling ACCESSORY DWELLING UNITS: [The proposed procedural changes for ADUs are also reflected in a footnote to the 18.08.040 Land Use Table, below.] -�-.A. Any person applying for , resideptoal ron+,' an accessory dwelling unit shall make application as set forth in this Title and Title 15.; �'��', h^wever, B. If the proposed location lies in the R-1, R-2, or R-213 zone, the applicant thdo ; shall, on an application form provided by the city, list the names and addresses of all owners of record of property within the exte—n,i be-updaries l,f+he land heir,.. -;R-c, from the outermost points where applicant's property borders the city street, for three hundred feet (300') each way from that point along and on either side of said city street. 1. If the accessory unit will be all or partly in the rear yard, or consists of new construction or an expansion, owners of record and known occupants of Droaerty adiacent to the rear DroDerty line shall be included. if the applicant will own and GECUPY the property and If all of the above described owners or occupants sign the applicant's monetg ition for - rental an accessory dwelling permit, then said permit shall be granted, provided all other requirements of this chapter and Title 15 of this code are satisfied. 3. If any occupant or owner of record refuses to sign the petition, the applicant shall be required to have seek the issuance of a Conditional Use Permit for the res dent a! r accessory dwelling. -3-.C. +^ ha„^ rP;+,„r-Ai '--se permit fer the FAtal P elliRg If the proposed location lies in the A, C- 2 or I zone a Conditional Use Permit shall be required. D. Any accessory dwelling unit that is attached to or associated with a primary residence shall be served by the same water, sewer, solid waste, electric, and natural gas utility connections and the same postal service address as the primary residence, unless otherwise required by the utility provider or US Postal Service. Chapter 18.12 SUPPLEMENTAL CONTROLS 18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES: N. Permit Procedures For o „�^^+„l o^^+,l n,�,^ll;^^, [delete entire section] Chapter 18.08.040 GENERAL CONTROLS 18.08.040 SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS: Land Use Districts Land Uses R-1 R-2 R-3 R-4 C-1 C-2 I Residential Dwellings (subject to density restrictions): Resede”teal rental Accessory dwelling C Pz Pz P P P C C Notes: 1. [no change] 2. Permitted of ewner eccupied and no unless objections by any person as set forth in subsection '8.12.030N 18.10.070 of this title, in which case the matter is treated as. if there , objections or ;f not owner occupied, the , pliEan+ st a ply -G+ a conditional use permit. 3. [no change] NOTE: The above highlighted change was included in the definitions char changes. It is a better fit here if they are not approved at the same time. Changing the name Residential rental dwelling to Accessory dwelling in the table remains in the definitions chaff changes.