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Home My WebLink AboutPH #4 DowntownVillage CodeCHUBBUCK Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: City of Chubbuck Land Use and Development Commission From: Don Matson, Planning Services Manager Date: March 8, 2022 Re: A petition by the City of Chubbuck to create a new Chapter 18.19 Chubbuck Village and two new land use districts, Highway Corridor (HC) and Village (V); to change the Land Use District (zone) from General Commercial (C-2) to a new district, Highway Corridor (HC), on approximately 17 acres of land comprising several parcels with Chubbuck Road at the north, Yellowstone Avenue at the west, Interstate 86 at the south, and east from Yellowstone Avenue approximately 250 feet to the eastern boundary line of each parcel bordering the east side of Yellowstone Avenue, including parcels on the north side of E Burnside Avenue; and to change the Land Use District (zone) from General Commercial (C-2) and Limited Residential (R-2) to a new district, Village (V), on approximately 53 acres of land comprising multiple parcels with Chubbuck Road at the north, Yellowstone Avenue at the west, Interstate 86 at the south, Central Way at the east, Evans Lane and the southern boundary of the property located at 5432 Burley Drive at the south, and the Union Pacific Railroad at the east, excluding parcels as described above to be included in the Highway Corridor (HC) zone; setting forth the purpose and intent, special provisions and relations to other chapters of city code, and a regulating plan for the two districts; establishing special standards within the two districts for streets and right-of-way, building design and sidewalk frontage, land and building uses, landscaping, parking, and signage; amending Chapter 18.06 Definitions, adding definitions of form -based zoning and traditional Euclidian zoning; amending Chapter 18.08 Land Use Districts and General Controls with clarifications of relationship to different General Controls in Chapter 18.18 Chubbuck Village, Chapter 18.20 Planned Unit Developments, and Chapter 18.21 Creative Communities. The Comprehensive Plan Future Land Use Map currently designates the area for Commercial or Employment uses, and is under consideration to change to a new area, Chubbuck Village, per draft chapter 16 of the Comprehensive Plan. The application will be reviewed against criteria in section 18.28.050.B.8 of city code. Type of action: Recommendation. (Action Item) BACKGROUND Downtown as a Central Gathering Place. As early as 2017 City leaders have discussed the needs and desires of the community for creating some type of community gathering space, such as a downtown area that has a mixture of uses that is pedestrian friendly. Based on input from the community through surveys and studies the City Council approved a strategic plan action that included steps to create a downtown -type area that was welcoming to persons of all ages and abilities. Much of the area described in this draft ordinance, bounded by Chubbuck Road, Yellowstone Avenue, Interstate 86, and the Union Pacific Railroad, was underdeveloped and identified as a potential downtown area. The location of the ICCU campus and a professional analysis recommending the site of the new City Hall furthered the concept of planning for a downtown -type atmosphere and a specific zoning code for the area. Form -Based Codes. Staff has held several discussions with the Land Use and Development Commission (LUDC) regarding a new plan and zoning ordinance for this "downtown" area. To create a pedestrian focused area, especially where no downtown already exists, a form -based code (FBC) is a successful tool being used around the country, including here in Idaho and each of our neighboring states. They usually apply to a particular area rather than to an entire city. A FBC is quite different than traditional zoning practice which focuses on where individual land uses are located, and what is limited, separated, or isolated from others. Instead, it focuses on the environment it creates, particularly for pedestrians. There is less restriction on land uses, replaced by standards for the right-of-way, public and private buildings, and placement of building and parking areas. It offers a more predictable outcome for a developer or builder than a conditional use permit or zone change process. The proposed code also offers standards to incorporate into designs, rather than relying on guidelines for a committee to interpret. Aside from architectural standards that are unique to the city or neighborhood, two notable features of FBCs are a Build -to Line and minimum building heights. Setbacks and Build -to Lines. Traditional zoning requires buildings to be setback a minimum distance away from a street, which often invites parking lots to locate between the sidewalk and storefront, reinforcing an automobile focused atmosphere vs. pedestrian. FBCs use a maximum distance standard, normally called a build -to line. Build -to line standards require buildings to be no more than a certain distance from the sidewalk, often to be built at the back of the sidewalk (see illustration). This creates a much more inviting pedestrian experience. Setback Line Front of building may not be closer than setback line 1 - -------------- XXXXXXXX Sidewalk Street Build -to Line Front of building must be at sidewalk or within BTL maximum range Sidewalk Street Building Height. Pedestrians need shorter distances between places they need to go. To create a walkable neighborhood or downtown there must be some level of density so that different destinations, including commercial services, restaurants and retail, public institutions, and residences. This is often achieved by requiring a minimum building height, such as two stories, to create that L CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Proposed Chapter 18.19 Chubbuck Village — Page 2 possibility. Communities also set a maximum building height that fits the character desired. In the draft ordinance a four-story maximum is suggested, which is in line with the current height limit of 70' in the General Commercial and Industrial zones in Chubbuck. Proposed Structure and Standards: The draft code includes the following, which include standards different from the rest of the city: • Application and approval procedures • Public street types detailing wider sidewalks, on -street parking, street trees, bike facilities • Building design and fagade such as a minimum amount of window coverage along a sidewalk • Land and building uses with a broader mix and fewer required conditional use permits, and allowing expansions of legal non -conforming uses • Landscaping standards modified to fit smaller setbacks where they exist • Parking requirements reduced or modified, especially where on -street parking is available • Signage standards different from other areas Existing Businesses: Several business owners have expressed concerns about how the new zones would affect their businesses. There is no impact on existing businesses until their building is rehabilitated or expanded. Businesses that were built legally in the past, but since that time zoning laws have changed, are referred to as "non -conforming" or "legal non -conforming" land uses. The current Chubbuck Municipal code does not allow non -conforming uses to be extended or enlarged: 18.24.020: INCOMPATIBILITY OF NONCONFORMING USES: Nonconforming uses are hereby declared incompatible with permitted uses in the districts in which such uses are located. A nonconforming use shall not be extended or enlarged after enactment of this title, by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located. Provided, however, that to avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this title and upon which actual building construction has been carried on diligently. (Ord. 241 §6-2,1983. Italics added.) The language in the proposal allows existing business, and residential, uses to continue and is more lenient than the current zoning code for non -conforming uses, allowing expansions that conform to the design standards of the new code: 18.19.070.B. NONCONFORMING USES Structures and uses currently existing at the time of this code adoption shall be allowed to remain in their current form and function however. 1) At the time of a change to a different land use group as outlined in the table above, the new land use must be in conformance with this chapter. L CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Proposed Chapter 18.19 Chubbuck Village — Page 3 2) Rehabilitations which do not affect the external dimensions of the structure, or make changes to the exterior of the building except for re -roofing and replacing windows, do not require compliance with the architectural requirements of this chapter. 3) Rehabilitations which do not affect the external dimensions of the structure but that make changes to the siding, cladding, or other non-structural fagades visible from the existing public realm, or from a planned public realm such as a future street or pedestrian corridor, are required to receive approval by the design review committee upon demonstrating that the project will meet as many of the design and frontage standards from section 18.19.060 as are feasible. 4) Lateral and/or vertical additions to existing buildings require that the addition be constructed to meet the requirements of this chapter. If the value of the new addition will exceed the value of the existing building, as determined by a professional appraiser, the entire building and site shall be brought into compliance with the requirements of this Chapter. FACTS PETITIONER: City of Chubbuck Attn: Community Services Department 290 E Linden Avenue Chubbuck, ID 83202 (208) 237-2430 APPLICABLE LAWS AND PLANS: 1. Chubbuck Comprehensive Plan (as amended) 2. Chubbuck City Code • Notices of the hearing provided in accordance with City Code Chapter 18.28.010.B. • Standards for approving a title text or map amendment per City Code Chapter 18.28.050.B.8. 3. Because the proposal covers a large area this is a legislative action, not quasi-judicial. STANDARDS FOR APPROVING A TITLE TEXT AMENDMENT The review and action by the Land Use & Development Commission is a recommendation to the City Council based on three criteria for proposed text amendments in City Code: A. The proposed text amendment would be in the community's best interest. From 2017-2018, the City of Chubbuck sought broad public input while developing a strategic plan. Input from residents, business owners, and visitors was sought on a variety of topics including general thoughts and perceptions about: Chubbuck as a place to live, work, and play; quality of life; cultural, shopping, employment, civic, and recreational opportunities; safety; transportation; whether Chubbuck had a vibrant downtown and public spaces where people wanted to spend time; and quality of city services and infrastructure. L CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Proposed Chapter 18.19 Chubbuck Village — Page 4 Based on input from the surveys, the City Council approved a strategic plan with the following action items: • Create a downtown plan for all ages and abilities. • Develop a downtown plan to create an area in the city where youth will feel valued and have opportunities; ensure that youth have a seat at the planning stage table. • Develop a downtown plan with art and cultural opportunities throughout and with programmable and programmed space. The city also conducted a facility needs assessment for a new City Hall, and the conclusion was to locate in the area to become known as Chubbuck Village. Community engagement for the atmosphere of the area, via a steering committee and additional online surveys that reached several hundred people, also endorsed the creation of a plan and codes for Chubbuck Village. B. The proposed text amendment is consistent with the existing provisions of the zoning ordinance. The purpose and scope of the zoning ordinance include: • "Organizing uses to encourage growth consistent with a comprehensive plan." ❖ While the proposed ordinance is in general compliance with and supports the current Comprehensive Plan, it is written specifically to implement the proposed amendment to the plan, Chapter 16: Chubbuck Village Specific Plan. • "Enhancing the aesthetic qualities of the community in the context of sound planning considerations." ❖ The draft ordinance includes unique aesthetic requirements with feasible design standards for properties developing in the new districts. • Governing "the use of land, for economic activities and for other purposes." ❖ The proposed land use districts allow a broad range of commercial enterprises with fewer restrictions such as requiring conditional use permits on many uses. The outcomes are more predictable for a potential developer with building and other standards that are not open to public debate. C. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. Staff has identified the following goals, objectives, and policies as potentially applying to this proposal; 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) L CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Proposed Chapter 18.19 Chubbuck Village — Page 5 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 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 GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.1 Adopt appropriate commercial zoning to allow for a variety of commercial goods and services at community centers, which should be located within walking distance of residents of one or more neighborhoods 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 GOAL 4.4 EXPAND LIGHT MANUFACTURING AND INDUSTRY LOCATION OPPORTUNITIES AND REQUIRE THE ENVIRONMENTAL SENSITIVITY OF THESE FIRMS OBJECTIVE 4.4.1 Zone appropriate areas for industrial and warehousing uses POLICY c. Wholesaling and warehousing should not be located on main design corridors such as Yellowstone Avenue or Chubbuck Road, but on secondary design routes with truck access such as Burley Drive GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses 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 POLICY f. Encourage residential infill in suitable locations POLICY g. Ensure an adequate supply of commercial land sensitive to market trends 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 POLICY b. Locate mixed-use areas along Yellowstone Avenue and in new neighborhood centers 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 CHAPTER 6: COMMUNITY DESIGN 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 CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.1 Maintain existing and future parks L CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Proposed Chapter 18.19 Chubbuck Village — Page 6 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 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 OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas 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 STAFF RECOMMENDATION Based on the evidence and analysis above, staff find that the draft code satisfies the criteria necessary to recommend approval of the title text amendment to the City Council, with the criteria being: A. The proposed text amendment would be in the community's best interest. B. The proposed text amendment is consistent with the existing provisions of the zoning ordinance. C. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. 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 Services Email: dmatson@cityofchubbuck.us Phone: 208-239-3252 EXHIBITS 1. Proposed Chapter 18.19: Chubbuck Village Criteria 2. Map and Legal Description of Highway Corridor and Village Zone Boundaries 3. Proposed Additions to Chapter 18.06: Definitions 4. Proposed Additions to Chapter 18.08: Land Use Districts and General Controls 5. Public Comments Received L CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Proposed Chapter 18.19 Chubbuck Village — Page 7 PROPOSED Chapter 18.19 Chubbuck Village Criteria 18.19.010: PURPOSE AND INTENT A. Purpose. The Highway Corridor (HC) and Village (V) zones are established to implement the Comprehensive Plan for the urban gathering place in the City of Chubbuck. 1. This chapter focuses on the pedestrian environment within a mix of compatible land uses, rather than traditional zoning which often neglects pedestrian safety and disconnects people and businesses from one another. 2. Together the zones are a form -based code (FBC) regulating first how building placement and basic design features relate to the street and improve the pedestrian environment, with less emphasis on land use restriction and separation. 3. FBC standards produce more predictable results in the building and redevelopment of properties and the desired physical form described in the Comprehensive Plan for Chubbuck. B. Intent. The intent of the zones is to further the policies of the Comprehensive Plan to a greater extent than would a traditional Euclidean zone to: 1. Promote the public health, safety, and welfare; 2. Create functionally integrated developments that allow for a more efficient and cost-effective provision of public services; 3. Promote decreased suburban sprawl, under -developed sites, and agricultural land development on the ex -urban fringe; 4. Promote increased community interactions via development standards which emphasize pedestrian and bicycle modalities; 5. Encourage a variety of housing types and affordability that accommodate residents' needs through different stages of life; 6. Establish reasonable design standards for development and redevelopment within the zone 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 7. Establish standards that allow for additional creativity in promoting and providing sites and structures that accommodate multiple land uses. 18.19.020: ENUMERATION OF DISTRICTS A. Highway Corridor (HC) Zone. The purpose of this district is to provide an enhanced location for a broad variety of businesses with highway frontage serving local and regional markets. The district includes standards based on design and functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Standards include city street requirements for the Chubbuck Village area creating commonalities shared between the Highway Corridor and Village zones. B. Village (V) Zone. The purpose of this district is to provide a mixed-use environment that serves as an urban meeting space focused on pedestrian activity. The district includes standards based on design and functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Commercial, civic, and medium to high density residential uses are allowed throughout the district. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 8 Standards include street requirements for the Chubbuck Village area creating commonalities shared between the Village and Highway Corridor zones. 18.19.030: SPECIAL PROVISIONS A. Relationship to Other Land Use Controls: Wherever there is a difference between provisions of this chapter and those of other chapters, the provisions of this chapter shall control. Unless otherwise authorized, subjects not governed by this chapter shall be governed by the respective provisions found elsewhere in this Code. B. Pedestrian Realm: In order to achieve an overall walkable environment, appropriate land uses, pedestrian connections, cross easements, common driveways, consistent site standards, etc., must be coordinated within the Highway Corridor (HC) and Village (V) zones, even though properties may be individually owned. C. Stormwater Retention: Stormwater in the Highway Corridor (HC) and Village (V) zones shall be retained and treated below ground via infiltrators in accordance with the Portneuf Valley Stormwater Design Manual. D. Zoning District designations within the Chubbuck Village area shall be in accordance with the Comprehensive Plan's Future Land Use Map and the District -Zone District Conversion table found in Chapter 16, Goal 3, Policies A and B of the Comprehensive Plan. 18.19.040: REGULATING PLAN Building permit applications, and Conditional Use Permits (if applicable) must be preceded by the appropriate technical and design approvals. A. Technical Review: The established Design Review Committee will review technical details as outlined in Chapter 18.16 of this Title. The Committee will review and relay technical details of the project as they relate to this or other titles of City code. In cases where a CUP is required, design review approval must precede the CUP application, and does not constitute approval of the land use or project. The LUDC may attach more stringent requirements upon a CUP than the Design Review Committee. B. Standards Review: Staff will provide and maintain application forms and checklists to assist the property developer in complying with the architectural, landscaping, signage, parking, site development, and other components specific to this chapter, and as they relate to each subdistrict within the Highway Corridor (HC) and Village (V) zones. C. Regulating Plan Progression: 1. Developer may meet with Staff at any time for feedback on a potential project. 2. Technical Review through the Design Review Committee. a. If required by the Highway Corridor (HC) or Village (V) zones Land and Building Uses regulations in Section 18.19.060, or by the Design Review Committee, a CUP must be approved by the LU DC for the project to proceed. 3. Staff review of project per Zone standards, including checklists for compliance. 4. When approved, project proceeds to Building Permit and other permit applications. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 9 18.19.050: Streets and Rights -of -Way A transportation network is planned to enhance pedestrian and bicycle mobility within and to the Chubbuck Village area. The arrangements, character, extent, width, grade, and location of streets shall conform to the Comprehensive Plan, shall integrate harmoniously with existing and planned streets, shall enhance the public convenience and safety and shall facilitate the proposed uses of the land to be served by such streets A. Street and Pedestrian Corridor development shall be in accordance with the functional class road map in Chapter 16 of the Comprehensive Plan. Properties which are adjacent to streets and/or walkways, or which have proposed streets and/or pedestrian corridor locations containing the streets and/or walkways shall develop/redevelop as follows: 1. Right-of-way and improvements required for Evans Ln, E. Linden Ave, and S. Burley Drive, and other street where angled parking is used (below) require 85' feet of ROW, which includes a 10' sidewalk on either side of the street. W/ 45 ANGLED PARKING 2. Right -of -Way and Improvement Requirements for all other streets where parallel parking is used (below) require 70' feet of ROW, which also includes a 10' sidewalk on either side of the street. W/ PARALLEL PARKING 3. The typical location and dimension of striping, trees and curb extensions (below) for the streets with angled parking. 4. Pedestrian corridors (or walkways/paseos) shall be designed in relationship with their surrounding building environment at the pedestrian scale. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 10 a. Standard with for pedestrian corridor is 8' hard surface with minimum 2' landscaping on either side. b. When pedestrian corridor, or paseo, is encroached upon by buildings, the City may require an enhanced walkway that is wider, provides additional landscaping, or offers other features to "soften" the space and make it more inviting for pedestrians. 5. Alleys in the Highway Corridor and Village zones are encouraged to provide access to off-street parking, sanitation, commercial unloading, etc. a. Public alleys shall be a minimum twenty-four feet (24') wide and accommodate snow removal. Dead end alleys shall be avoided. b. In addition to right-of-way, alleys shall be designed as usable and programmable public space. B. Defined streetscape and pedestrian corridors shall be dedicated and constructed through the development exaction and/or building permit process. The City shall identify street furniture such as streetlights, trash receptacles, benches, etc. for use and enhancement of the public space in the Highway Corridor and Village zones. C. Bicycle racks shall be provided to encourage biking to the area and to prevent the use of trees, benches, trash bins, etc. from being used for securing bicycles. Bicycle racks, particularly those in the ROW, shall be located to allow a clear walkway to comply with the Americans with Disabilities Act and racks should be in either the furnishings zone or on curb extensions where possible. D. Sight triangles shall be maintained at intersections and driveways for public safety, and will be addressed in the technical review per 18.19.040.A. E. Street names in the Chubbuck Village area shall be reflective of natural features with proximity to Chubbuck, or to geographic features recognized commonly in the state of Idaho. F. All other requirements for street design and construction shall apply. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 11 18.19.060: Design and Frontage These standards focus on form and function of the public realm to a greater extent than traditional zoning which aims primarily to separate land uses. It is not the intent of this ordinance to restrict creative building and site designs. The architectural standards reflect need to create buildings that enhance the public realm, that are compatible with surrounding (current and planned) structures and spaces, and that create an appealing visual interest without being overly prescriptive. Of particular interest is ground -level architecture and design that pedestrians and others visiting the Chubbuck Village area find the streets interesting and engaging, factors which encourage walking, particularly in the Village Zone. This can be accomplished through elements such as store front windows with retail displays, outdoor dining areas, art displays, and placing restrictions on unbroken fagade appearances, requiring vertical fagade features, etc. The table lists standards for the two Chubbuck Village zones. DESIGN AND FRONTAGE HIGHWAY CORRIDOR Build -to Line/BTL (Front Setback) Primary Street (front facing) (correlate with future changes to 16.12) 10' min 40' max 0' min 10' max Side/Rear Street BTL 10' min 20' max 0' min 10' max Side Setback (Non -Street) Side 0' min, max 33% of lot width 0' min, max 25% of lot width Rear setback 5' min, 0' if alley 0' min from non-residential or mixed use; from residential -10' min Frontage and Facade Width Minimum Lot Width 25' min 25' min Maximum Lot Width 250' max 150' max Primary Street Fagade 67% min 75% min Side Street Fagade (and rear if applicable) 50% min 60% min Building Height Maximum and Minimum Height 4 stories max, 1 story min 4 stories max, 2 stories min Parking Structures Max 2 levels above ground, higher if it doesn't exceed ceiling of highest floor in adjacent building Not to exceed ceiling of highest floor in adjacent building Ground Floor Ceiling Height 12' min 12' min Upper Floor Ceiling Height 9' min 9' min Windows and Transparency Window Orientation — Standard Openings Vertical or horizontal; horizontal windows must be no longer than 10' wide Vertical' —taller than width Window Configurations —Ground Floor Rectangular; semi -circular above door or other window Rectangular; semi -circular above door or other window Window Configurations — Upper Floors Rectangular, round, semi- circular alone or above rectangular window Rectangular and all other configurations Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 12 DESIGN AND FRONTAGE HIGHWAY CORRIDOR Awnings Must not conceal horizontal Fabric only, must not be glossy, expression line if building is over back lit, or conceal horizontal 1 story expression line Maximum Length of Blank Wall along 20' maximum 15' maximum sidewalk or walkway Transparency' —Ground Floor, low to min transparency between 3' min transparency between 3' high and 8' above sidewalk and 8' above sidewalk Transparency Depth, Ground Floor 15' 8' Transparency Width (Window Coverage) 50% min 75% max 50% min 75% max Ground Floor Transparency Width (Window Coverage) 20% min 70% max 30% min, 70% max Upper Floors Architectural Features and Facade Openings Fagade Divisions Min every 60' Min every 30' Door Spacing At least 1 per 60' At least 1 per 60' Horizontal Expression Line (for buildings Must be within 3' of top of story Must be within 3' of top of story over 1 story) Cornice Required to delineate top of Required to delineate top of parapets where applicable parapets where applicable Facade Extensions Clear Space above Sidewalk Nothing allowed over ITD ROW, 10' 10' above city sidewalk Ground Floor Extensions Allowed Awning, Canopy Awning3, Canopy Ground Floor Encroachment into ROW ITD ROW 0'; city (side) streets Up to curb line, but no more up to curb line, but no more than 6' than 6' Upper Floor Extensions Allowed Balcony, Bay Window', Eave Balcony, Bay Window', Eave Upper Floor Encroachment ITD ROW 0'; city (side) streets Up to curb line, maximum 6' up to curb line, maximum 6' Sign Extensions into ROW See 18.19.100 See 18.19.100 Additional Standards Accessory Structures Allowed in rear yard only Allowed in rear yard only, must be at least 20' from any single- family structure Vacant Lot Screening See 18.19.080 See 18.19.080 Privacy Walls/Fences for patios, private Max 72" high, set 10' to 15' Max 72" high, set 10' to 15' from areass from ROW ROW Utility Meters, Mechanical Equipment, Located in rear, screened if on Located in rear, screened if on Air Conditioning Units and Compressors side or roof, or in location side or roof, or in location visible visible from street from street Antennas, Satellite Dishes >18" Located in rear or on roof Located in rear or on roof 1) Rectangular windows on the ground floor may be approved wider than the height if mullions and muntins are used to soften the horizontal appearance. Windows with mullions and muntins must be consistent across the ground floor fagade. 2) Windows must not be made opaque by window treatments except operable sunscreen devices. Bronze tint or reflective glass is not allowed. 3) On Village Streets, awnings may not have glossy finish, may not be backlit, and must not conceal horizontal expression line. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 13 4) Bay windows must have windows on all sides. 5) Screening or privacy fences and walls are only allowed adjacent to patios, outdoor dining areas, etc. They must be broken at least every 12' by a pilaster or post. Pilasters and posts may extend up to 6" higher than the fence. Vinyl fences must vary in color every 12' or less. Landscaping required between wall/fence and ROW or property line. See 18.19.080 for standards. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 14 18.19.070: Land and Building Uses A. Pedestrian Emphasis. The Highway Corridor and Village zones place more emphasis on the pedestrian experience through the placement and height of buildings to frame the street, and enhanced sidewalks, walkways, and landscaping, The buildings that line the street are less restricted in their use, creating a more interesting and livable atmosphere. See the Land and Building Uses in Table 1 for specifics on land and building uses that are permitted, conditionally permitted, not allowed, or have limitations. TABLE 1: LAND AND BUILDING USES ZONE LAND AND BUILDING USES HC V AGRICULTURAL/NATURAL RESOURCES Feed and seed store C C All other agricultural/natural res. X X ARTS, ENTERTAINMENT, TOURISM, RECREATION All uses permitted P P Minor Home Occupations CIVIC SERVICES Churches C C Schools C C All other civic services P P Beverage Bottling 6 COMMERCIAL RETAIL Automotive Sales X X Convenience Store C X Drive -In Establishment C X Equipment Rental and Sales Yard X X Greenhouse (1 story) X C Industrial and Agricultural Equipment Sales and Supply X X Production Building Sales X X Recreational Vehicle Sales, Service, and Supply X X Sexually Oriented Businesses X X Tire Shop, Including Recapping C X Yard and Garden Sales/ Services X C All other commercial retail uses P P1 ZONE LAND AND BUILDING USES HC V COMMERCIAL SERVICES (cont.) Kennel, Commercial or Hobby X X Motel X X Service Station P X All other commercial services P P HEALTH AND HUMAN SERVICES All health and human services P P HOME OCCUPATIONS Minor Home Occupations P P Major Home Occupations and Live- Work Spaces 5 P P INDUSTRIAL/MANUFACTURING Beverage Bottling 6 P P Food Processing/Production 7 P P Furniture/Cabinet Shop 8 P P All other industrial/manufacturing X X PRODUCTION BUILDINGS (for other uses allowed) All production buildings 9 X X RESIDENTIAL DWELLINGS Accessory dwellings 1° P P Apartments 11 P P Townhouses 12 P P All other residential dwellings X X Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1 — Page 15 LAND AND BUILDING USES ZONE HC V COMMERCIAL SERVICES Animal Care Site z P P Auction Service 3 P P Carwash C X Exterminating Company P4 X ZONE HC V LAND AND BUILDING USES WAREHOUSE AND STORAGE All warehouse and storage X X 1) Permitted on ground floor; allowed on upper floors if an extension of a permitted use on the ground floor 2) Veterinary and grooming services permitted on ground floor; no boarding of animals not in veterinary care. 3) No external display of activity 4) Permitted on ground floor 5) Property owner must provide written permission 6) Permitted as accessory use to restaurant only, not primary use 7) Permitted as accessory use to restaurant, bakery, grocer, etc. with greenhouse 8) Allowed in live -work structures, see Home Occupations 9) Stacked shipping containers may be conditionally permitted by the LUDC for residential or non-residential uses. 10) ADU does not require CUP or notification of property owners; 1 per building, may not be located in apartment building 11) Apartments in Highway Corridor zone min 400 sf, max 1,000 sf, Village zone min 750 sf, min 600 sf in mixed use building 12) Townhouses min 1,500 sf B. Nonconforming Uses Structures and uses currently existing at the time of this code adoption shall be allowed to remain in their current form and function however: 1) At the time of a change to a different land use group as outlined in the table above, the new land use must be in conformance with this chapter. 2) Rehabilitations which do not affect the external dimensions of the structure, or make changes to the exterior of the building except for re -roofing and replacing windows, do not require compliance with the architectural requirements of this chapter. 3) Rehabilitations which do not affect the external dimensions of the structure but that make changes to the siding, cladding, or other non-structural fagades visible from the existing public realm, or from a planned public realm such as a future street or pedestrian corridor, are required to receive approval by the design review committee upon demonstrating that the project will meet as many of the design and frontage standards from section 18.19.060 as are feasible. 4) Lateral and/or vertical additions to existing buildings require that the addition be constructed to meet the requirements of this chapter. If the value of the new Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 16 addition will exceed the value of the existing building, as determined by a professional appraiser, the entire building and site shall be brought into compliance with the requirements of this Chapter. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 17 18.19.080: Landscaping Standards The following landscaping standards for the Highway Corridor and Village zones provide for healthy and aesthetic landscaped frontage areas to carry the pedestrian experience and attractiveness beyond the street. Improvements listed below will shade larger expanses of pavement and reduce heat island effect. They are also designed to improve the aesthetics and environment within parking areas, and to decrease the visual impact of vehicular areas (and undeveloped areas) from sidewalk and street. Standards apply to: 1. All new development; 2. Significant improvements to vehicular areas (new driveway or median, restriping). In such cases the landscaping requirements take precedence over parking requirements; and 3. Alteration to an existing principle or accessory building that results in an increase of >15% gross floor area. LANDSCAPED AREA REQUIREMENTS OUTSIDE PUBLIC RIGHT-OF-WAY Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 18 Streetside and Interior Landscaping Front/Side Street Front 30' minimum, side 10' minimum Back of sidewalk to a) building (if not at Landscaping Depth sidewalk/ROW line), b) parking area, c) undeveloped area Side and Rear Property Line 5' min between parking/vehicular areas and 5' min between parking/vehicular areas and Landscaping Width property line; spaces between buildings (if property line; spaces between buildings (if not at property line) may include hardscape; not at property line) may include hardscape; must also develop safety features for review must also develop safety features for review per CPTED per CPTED Landscaping at Alley Not required Not required Interior Landscaping All unpaved or hardscaped areas must be All unpaved or hardscaped areas must be landscaped landscaped Parking/Vehicular areas see parking vehicle area landscaping below see parking vehicle area landscaping below Shrubs and Ground Cover Turf Grass Maximum 50% of front landscaping, not Not permitted in front or side street permitted in side setbacks setbacks Planter Beds at front and Living material (perennial or annual plants) Living material (perennial or annual) must side street — living materials must cover at least 50% of planter bed at cover at least 75% of planter bed at maturity maturity Planter beds in front and Coverage in non -living materials, such as Coverage in non -living materials, such as side street frontage — non- colored gravel, river rock, mulch is max 50% colored gravel, river rock, mulch is max 25% living materials visible at plant maturity visible at plant maturity Shrub Size at Planting Min 3 gallon Min 3 gallon Shrub Size at Maturity Min 30" Max height approx. 42" Shrub placement/spacing in Minimum 3 per linear feet of frontage Where frontage depth is >2' and not street frontage/setback hardscaped, min 1 shrub per 8', appropriate for the size of planter, must be spaced >4' apart to allow for visibility and safety at maturity Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 18 Shrub placement/spacing for Min 3 per 50' linear feet Min 3 per 50' linear feet side / rear property line landscape beds Demarcation between Shrubs max 48" high. Hedges and walls not Min 1 shrub per 8', appropriate for the size sidewalks and patios, permitted; iron and similar open decorative of planter, must be spaced >4' apart to allow courtyards, other hardscapes fences permitted behind shrubs. Stand-alone for visibility and safety at maturity, where fence must be set back min 2'. No restriction setback is >5' - min 1 tree per 30'; maintain on perennial and annual plants. appropriate spacing and size from/between street trees; wrought iron and similar open decorative fences permitted and encouraged behind shrubs to mark edge of landscaping. No restriction on perennial and annual plants. Trees in Street Frontage Tree size at planting — Front 2" caliper at breast height, min tree height 6' 2" caliper at breast height, min tree height 6' and side street frontage Trees Selection for front/side Trees within 10' of sidewalk must be Trees within 10' of Sidewalk must be noted street frontage areas approved as street trees on list as approved street trees per the list, and (Approved List') must not bear fruit or be marked as messy for streets Tree placement/spacing in Min 1 tree per 50 linear feet where setback is >5' - min 1 tree per 30'; street frontage maintain appropriate spacing and size from/between street trees Tree placement/spacing in Min 1 per 50 linear feet Min 1 per 50 linear feet side and rear property line landscape beds Vehicular Area Landscaping (Parking and Drive Aisles) Trees in Parking Areas — Heat Each parking stall (side or corner, etc.) must Each parking stall (side or corner, etc.) must Island Reduction be within 50' of a tree trunk be within 50' of a tree trunk Vehicular Area Setback All area between sidewalk and vehicle area All area between sidewalk and vehicle area must be landscaped; tree and shrub must be landscaped; tree and shrub standards apply standards apply Shrubs in vehicular area <50 square feet — 0; <50 square feet — 0; landscape beds 50-100 square feet — 2 shrubs; >100 square 50-100 square feet — 2 shrubs; >100 square feet — 3 shrubs feet — 3 shrubs Planting beds size in parking Min 50' square fee, min' S' on any side Min 50' square fee, min' S' on any side areas Screening of Vacant Areas from Street Vacant areas temporary Landscape strip required from street to Min 4' landscaped buffer strip at back of screening' depth of minimum landscaped buffer sidewalk Screening Landscaping min 1 shrub per 8' planted at least 4' apart; min 1 shrub per 8' planted at least 4' apart; hedges not allowed, trees not required; hedges not allowed, trees not required; living or non -living material ground cover living or non -living material ground cover required required Screening Fences' Open picket or iron fencing up to 4' high Open picket or iron fencing up to 4' high allowed behind landscape strip, chain link allowed behind landscape strip, chain link fences not allowed fences not allowed Screening Types Walls and chain link fences not permitted Walls and chain link fences not permitted Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 19 1. City of Pocatello approved street tree list applies to the landscape strips in the Chubbuck Village area. 2. Screening required from street for each vacant lot created with new plat or lot split, or portion of lot that will remain vacant after construction on property. Temporary landscaping must be upgraded to final/complete requirements at time of construction on vacant lot or area. Builder or developer may choose to install final/complete requirements on vacant area frontage prior to construction. 3. Fence must be broken at least every 12' by a post. Post cap may extend up to 6" higher than fence. See18.19.60: Design and Frontage for additional information on fences. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 20 18.19.090: Parking Standards Parking Standards for Highway Corridor and Village zones are designed to ensure appropriate levels of parking, loading, etc. for a variety of uses. The standards provide flexibility for small site development and maximize on -street and shared parking. These measures will help reduce fragmented single - purposed parking, and provide the ability to, and promote, park -once and enjoy Village streets on foot or by bicycle. Standards apply to: 1. All new construction of primary or accessory buildings, or expansion >15%. 2. New or reconstructed parking facilities, including driveways and loading areas. 3. Improvements to existing vehicular areas, including enlargement or reconfiguration. 4. Demolition or destruction of main building on site. A. General Regulations 1. Parking spaces and drive aisle standards: a. Standard spaces must be at least 9' wide and 18' long. b. Parallel parking spaces must be at least 8' wide and 20' long. c. Drive aisles must be at least 20' wide. Exceptions for 1 -way drive aisle width may be granted between rows of angled, parallel, or mixed angled/parallel parking. 2. Office/professional is based on net leasable floor space — common areas, restrooms, etc. are excluded if the building/site includes a mixture of nonresidential uses the combined total of required spaces may be reduced to 75%. 3. No off-street parking allowed in front of main building. 4. As with requirements for automobile parking, secure bicycle parking shall also be provided. TABLE 1. PARKING AREA STANDARDS PARKING STANDARDS HIGHWAY CORRIDOR VILLAGE Setback and Frontage Primary Street Setback 30' min 10' min Side/Rear Street Setback 10' min 10' min Alley Setback 0' min 0' min Primary Street Width 33% max' 25% max Side Street Width 50% max 25% max Screening and landscaping Screening from street2 See Landscaping Requirements See Landscaping Requirements Landscaping within parking areas See Landscaping Requirements See Landscaping Requirements Bicycle Parking Secure Bicycle Accommodations Required for patrons, employees; see table 2 Required for patrons, employees; see table 2 Driveways and Access Driveway Locations Permitted Alley, 50' min from street; if no alley- rear street or shared driveway from side street Alley, 50' min from street; if no alley- single access on rear street, or shared on primary or side street Single Driveway Locations (may be Conditionally Permitted by Design Review Committee) Single driveway from side street; (ITD has authority for access to Yellowstone) Single driveway from side street preferred over primary street Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 21 1) For example, no more than 33% of highway frontage may be occupied by vehicular areas/parking. 2) Screening required from street for each vacant lot created with new plat or lot split, or portion of lot that will remain vacant after construction on property. Temporary landscaping must be upgraded to final/complete requirements at time of construction on vacant lot or area. Builder or developer may choose to install final/complete requirements on vacant area frontage prior to construction. 3) Off-street parking for residential uses shall not have individual access to, nor spaces/garages facing, the street. B. Parking Requirements The standards in Table 2, below, are reduced from requirements in other areas of the city, are intended to decrease chances that the Chubbuck Village area will be "over -parked," and the amount of land consumed by parking rather than active land uses and buildings. 1. Sites with permanent or long-term shared parking agreements are eligible for reduced parking requirements. Off-site parking is permitted per the following site standards: a. Must be within 800 feet and not across Yellowstone Avenue from site. b. Must be subject of long-term lease approval or permanently dedicated. 2. On -street parking stalls adjacent to a property can be counted toward the parking requirement. 3. Where uses locate in Chubbuck Village which exceed the number of street parking stalls fronting the property, the city may require that monies be collected towards the creation of parking in a common parking area or garage in or near the district. TABLE 2. AUTO AND BICYCLE PARKING REQUIREMENTS Standards same in Highway Corridor and Village Zones LAND/BUILDING USE AUTOMOBILE SPACES BICYCLE SPACES' Residential Apartments — Studio/1 1 per unit No requirement for units with private bedroom storage or garage Apartments — 2+ bedrooms 1 assigned per unit, .8 unassigned per unit 1 per 10 units (minimum 2, maximum 12), no requirement for structures with <5 units Townhouse S2 1 assigned per unit, .8 unassigned per unit Nonresidential' Assembly (Auditorium, 1 per 5 seat/seating capacity 1 space per 2% of parking requirement Convention Space, Funeral (bench seating 30" = 1 seat) (minimum 2) Home, Worship) (+ 1 per 500 sf for other non- Example: 250 seat building = 30 parking assembly or non-administration spaces + 2 bike spaces rooms, Le daycare, classroom) Dining, taverns, night clubs .5 per seat Dining 1 per 10,000 sf (minimum 2) Taverns and nightclubs 0 required Hospital/Treatment Center .5 per bed, incl post op, 1 per 20,000 sf floor area (minimum 2) outpatient, etc. Library, Museum, Gallery 1/500 net sf 1 per 10,000 net sf (minimum 2) Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 22 LAND/BUILDING USE AUTOMOBILE SPACES BICYCLE SPACES' Lodging 1 per room, plus 1 for each 50 Lodging n/a rooms Accessory uses such as 50% of normal requirement for other uses convention / restaurant add 50% required per specific land use Office (incl Govt), all other 1 per 300 net sf (leasable), upper 1 per 10,000 net sf (minimum 2) Commercial Services floors 1 per 400 net sf Other Recreational or TBD TBD entertainment uses Retail 1 per 350 net sf 1 per 10,000 sf (minimum 2) 1) Based on recommendations by the Association of Pedestrian and Bicycle Professionals for bicycle parking guidelines. 2) Townhouses must face the street and be alley or rear loaded (with all vehicle access, parking/garages in rear). 3) Nonresidential requirements: a. May be reduced for parking shared between multiples uses or businesses with different hours of peak demand. b. For uses not identified, follow requirements per Chapter 18.08.046. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 23 18.19.100: Signage Standards A. Purpose Signage Standards for the Highway Corridor and Village Zones strengthen the economic and aesthetic appeal of the area through elevating sign standards and regulations. The visual quality, appropriate scale, and effective display of signs contribute to the identity, brand, and atmosphere of zones. Specifically: 1. Provide the public, property owners, and businesses an opportunity for safe and effective means of communication, reducing visual distractions and obstructive views from potentially creating safety hazards for motorists, pedestrians, and bicyclists. Coordinate the location and type of signage with existing and proposed street frontage landscaping in a manner that that contributes to the character and economic health of the zones and individual projects and investments, and enhances the aesthetic quality of the area. Provide clear and understandable regulations that enable the fair and consistent enforcement of these standards. B. General Standards and Requirements New or Reconstructed Signs. All new signs and structural improvements to existing signs shall comply with these regulations. Change in Use for Single Business Signage. For signage serving one business, whenever the existing use is changed to a new use requiring any change of signage content, the new sign, face, and content shall comply with these regulations. Sign area. The sign area shall be measured from the outside edge of the sign face. a. The area of a sign consisting of two sides shall be computed by adding together the total area(s) of both sides. b. The total area of a sign with more than two faces shall be calculated using the area of the largest 2 faces. c. The total area of a 3-dimensional sign structure shall be calculated by measuring the profile of the sign as 1 side and doubling the figure to calculate the total area. d. See table for specific requirements. 4. Prohibited signs. The following sign types are prohibited in the Highway Corridor and Village Zones: a. Off -premise signs. b. External Temporary signs other than A-Frame/Sandwich Board signs. c. Signs with moving, spinning, animated, or flashing parts, including wind -driven signs and running lights. d. Electronic message displays, electronic reader boards, and video displays. e. Inflated or balloon signs. f. Billboards are prohibited throughout the city. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 24 C. Signs Requirements by Type and Zone Various sign types and sizes are allowed in the Highway Corridor and Village Zones, depending on the zone and building fagade. Sign Standards by Type and Zone P=Permitted N=Not Permitted SIGN TYPE HIGHWAY CORRIDOR VILLAGE Awning' P P May extend into City ROW per Building Frontage Standards in 18.19.60: Design and Frontage Canopy" P P May extend into City ROW per Building Frontage Standards in 18.19.60: Design and Frontage Hanging' P — max 12 sf P— max 12 sf Maintain clear height at least 10' above sidewalk, may extend 4' into City ROW; if beneath awning maintain 8' clearance Monolith P P Must have solid base Max height 25', Max width 6' Max height 12', width 4' Monument' P P Must have solid base Max height 6', Max width 12' Max height 5', Max width 8' Pole N N Projecting' P— max 12 sf P— Max 6 sf Maintain clear height at least 10' above sidewalk, may extend 4' into City ROW; if beneath awning maintain 8' clearance Pylon P N Each leg must be at least 2' wide Max height 25', Max width 8' Separation min 250' Site Directional/Directory P P Max height 3' Max height 3' Roof P N Maximum 1 sign per building Max 1 sf per linear foot of facade Temporary A-frame/Sandwich Board P P Wall Signs' P P May not extend above parapet Window Sign S4 P P 1) Of this group of signs (awning, canopy, hanging, projecting, wall) no more than 3 signs allowed per street frontage; total sign area allowed per building, or establishment with exterior entrance, is 1 sf per linear feet of frontage or 24 sf, whichever is greater. a. Total of all signs on multi -tenant building frontage shall not exceed 100 sf. b. Hanging or projecting signs under a canopy or awning are limited to 3 square feet, 1 per business entrance. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 25 c. Signs in the Village are pedestrian oriented and must be no higher than the horizontal expression line. 2) Changeable copy may be incorporated into a canopy, monolith, or monument sign, up to a maximum of 20% of the sign area but not to exceed 6 sf. Changeable copy includes only single -color static digital displays. Full-color displays or reader boards are not allowed. 3) Temporary signs. A-Frame/Sandwich Board signs are allowed on sidewalks but must not restrict the flow and safety of any mode of traffic and must be removed daily. 1 sign per retail/restaurant establishment, max height 3'. 4) Permanent and semi-permanent window signs such as lettering, etching, or open/closed signs need no permit if they do not exceed 10% of the glass area of the window and do not obstruct the required view of depth to 15 feet from the sidewalk. Temporary window signs may occupy an additional 10% of the window area and shall meet the same standards for permanent and non -permanent signs. D. Nonconforming Signs Permanent signs existing at the time of this code adoption shall be allowed to remain in their current form and function however: 1. Nonconforming signs shall not be enlarged, expanded, extended, nor shall any additional sign be added to the support structure of a nonconforming sign. Permanent and temporary attachments, including banners, may not be attached to the sign. Any proposed alteration shall be made only for bringing the entire sign into conformity. 2. General repairs, maintenance, and change to a sign face or advertising copy that does not include replacing a static sign with an electronic message display (EMD) are not considered alterations. 3. A sign that is removed for public purposes such as for utilities or street expansion or repair, may be replaced, and may be placed in an appropriate location as provided by the City, provided there is no increase in the height or size of the sign. Any other nonconforming element of the sign must be brought into conformance. A nonconforming sign that is voluntarily replaced shall be replaced with a conforming sign. 4. If more than 50% of a nonconforming sign is damaged by any means, as measured by total replacement cost of both the sign and structure prior to such destruction, it shall be considered destroyed and shall not be brought back into service or use except in conformity with the provisions of section. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 1— Page 26 Knudsen gtvd E Chubbuck Rd bI/ Village (V) I I I Gf I I F- --. IL ----- 7/ I /'///I rt�iarrstn —-------- r----- General Commercial (C-2) ------------------ Westbound 1-86 Chubbuck Downtown Highway Corridor (HC) Boundary Description A parcel of land located in the in Northeast 1/4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described as follows: Commencing at the North 1/4 Corner of said Section 10, being marked by a brass cap monument inside a survey vault, said point being the POINT OF BEGINNING; Thence South 89°29'02" East, along the North line of said Section 10, a distance of 329.83 feet; Thence South 00°30'58" West, a distance of 34.00 feet, to the northeast corner of Rite Aid / Keybank Commercial Subdivision; Thence South 00°04'36" West, along the easterly boundary line of Rite Aid / Keybank Commercial Subdivision, a distance of 436.63 feet to a point on the southerly boundary line of Lot 3, Bonniebrae Acres Subdivision; Thence South 82°01'08" East, along said southerly boundary line, a distance of 88.26 feet to the northeast corner of a parcel of land described in Deed Instrument No. 20212165; Thence South 00°03'49" West, along the easterly boundary line of said parcel, a distance of 196.00 feet, to the southeast corner of said parcel; Thence North 89°27'34" West, along the southerly boundary line of said parcel, a distance of 246.38 feet, to the northwest corner of a parcel of land described in Deed Instrument No. 21307566; Thence South 00°03'49" West, along the westerly boundary line of said parcel, a distance of 274.35 feet, to a point on the southerly right of way line of Linden Avenue; Thence South 89°31'17" East, along said southerly right of way line, a distance of 55.77 feet to the northwest corner Lot 1, Block 1, of SGK Subdivision; Thence South 00°01'51" West, along the easterly boundary line of said subdivision, a distance of 202.39 feet, to the southeast corner of said subdivision; Thence continuing South 00°01'51" East, along the easterly boundary line of a parcel of land described in Deed Instrument No. 20500396, a distance of 80.13 feet, to the a point on the northerly boundary line of Chubbuck Maverik Subdivision; Thence South 89°20'58" East, along said northerly boundary line, a distance of 2.81 feet, to the northeast corner of said subdivision; Thence in a southerly direction along the easterly boundary line of said subdivision for the next (3) three courses: 1. South 00°04'02" West a distance of 88.00 feet; 2. South 89°20'58" East a distance of 6.29 feet; 3. South 00°39'02" West a distance of 200.00 feet, to the southeast corner of said subdivision; Thence South 38°33'38" West a distance of 52.36 feet, to the northeast corner of a parcel of land described in Deed Instrument No. 21413131; Thence South 00°02'08" West, along the easterly boundary line of said parcel, a distance of 95.28 feet, to a point on the northerly boundary line of King Center 1st Addition Subdivision; Thence South 89°22'55" East, along the northerly boundary line of said Subdivision, a distance of 32.00 feet, to the northeast corner of Lot 2, Block 1, of King Center 1st Addition Subdivision; Thence South 00°03'27" West, along the easterly boundary line of said Lot 2, a distance of 98.04 feet, to a point on the northerly boundary line of Lot 1, Block 1, of said subdivision; Thence South 88°47'18" East, along the northerly boundary line of said Lot 1, a distance of 22.00 feet, to the northeast corner of said Lot 1; Thence South 00°02'08" West, along the easterly boundary line of said Lot 1, a distance of 150.01 feet, to a point on the northerly boundary line of Whitewater No. 1 Subdivision; Thence South 88°47'18" East, along the northerly boundary line of said subdivision, a distance of 122.10 feet, to the northeast corner of said subdivision; Thence North 88°43'19" East a distance of 50.24 feet, to a point on the easterly right of way line of Central Way; Thence in a southerly direction along the easterly right of way line of Central Way for the next (6) six courses: 1. South 01°16'41" East a distance of 262.36 feet; 2. South 00°00'35" West a distance of 49.99 feet; 3. North 89°19'23" West a distance of 0.84 feet; 4. South 00°03'51" West a distance of 227.30 feet, to a point of tangency with a 25.00 foot radius curve whose center bears South 89°56'09" East; 5. Following said curve to the left through a central angle of 75°25'27" an arc length of 32.91 feet, (The chord of said curve bears South 37°38'52" East a distance of 30.58 feet) to a point of tangency with a 55.00 foot radius reverse curve whose center bears South 14°38'24" West; 6. Following said reverse curve to the right through a central angle of 95°41'02" an arc length of 91.85 feet, (The chord of said curve bears South 27°31'05" East a distance of 81.54 feet) to a point on the northerly right of way line of Interstate 86; Thence in a westerly direction along the northerly right of way line of Interstate 86 for the next (4) four courses: 1. North 76°34'23" West a distance of 109.95 feet; 2. South 00°03'14" East a distance of 43.84 feet; 3. North 68°44'53" West a distance of 348.91 feet; 4. North 89°08'33" West a distance of 70.16 feet, to a point on the meridional centerline of Section 10, Township 6 South, Range 34 East, Boise Meridian; Chubbuck Downtown Village (V) Boundary Description A parcel of land located in the in Northeast 1/4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described as follows: Commencing at the North 1/4 Corner of said Section 10, being marked by a brass cap monument inside a survey vault; Thence South 89°29'02" East, along the North line of said Section 10, a distance of 329.83 feet to the POINT OF BEGINNING; Thence South 00°30'58" West, a distance of 34.00 feet, to the northeast corner of Rite Aid / Keybank Commercial Subdivision; Thence South 00°04'36" West, along the easterly boundary line of Rite Aid / Keybank Commercial Subdivision, a distance of 436.63 feet to a point on the southerly boundary line of Lot 3, Bonniebrae Acres Subdivision; Thence South 82°01'08" East, along said southerly boundary line, a distance of 88.26 feet to the northeast corner of a parcel of land described in Deed Instrument No. 20212165; Thence South 00°03'49" West, along the easterly boundary line of said parcel, a distance of 196.00 feet, to the southeast corner of said parcel; Thence North 89°27'34" West, along the southerly boundary line of said parcel, a distance of 246.38 feet, to the northwest corner of a parcel of land described in Deed Instrument No. 21307566; Thence South 00°03'49" West, along the westerly boundary line of said parcel, a distance of 274.35 feet, to a point on the southerly right of way line of Linden Avenue; Thence South 89°31'17" East, along said southerly right of way line, a distance of 55.77 feet to the northwest corner Lot 1, Block 1, of SGK Subdivision; Thence South 00°01'51" West, along the easterly boundary line of said subdivision, a distance of 202.39 feet, to the southeast corner of said subdivision; Thence continuing South 00°01'51" East, along the easterly boundary line of a parcel of land described in Deed Instrument No. 20500396, a distance of 80.13 feet, to the a point on the northerly boundary line of Chubbuck Maverik Subdivision; Thence South 89°20'58" East, along said northerly boundary line, a distance of 2.81 feet, to the northeast corner of said subdivision; Thence in a southerly direction along the easterly boundary line of said subdivision for the next (3) three courses: 1. South 00°04'02" West a distance of 88.00 feet; 2. South 89°20'58" East a distance of 6.29 feet; 3. South 00°39'02" West a distance of 200.00 feet, to the southeast corner of said subdivision; Thence South 38°33'38" West a distance of 52.36 feet, to the northeast corner of a parcel of land described in Deed Instrument No. 21413131; Thence South 00°02'08" West, along the easterly boundary line of said parcel, a distance of 95.28 feet, to a point on the northerly boundary line of King Center 1st Addition Subdivision; Thence South 89°22'55" East, along the northerly boundary line of said Subdivision, a distance of 32.00 feet, to the northeast corner of Lot 2, Block 1, of King Center 1st Addition Subdivision; Thence South 00°03'27" West, along the easterly boundary line of said Lot 2, a distance of 98.04 feet, to a point on the northerly boundary line of Lot 1, Block 1, of said subdivision; Thence South 88°47'18" East, along the northerly boundary line of said Lot 1, a distance of 22.00 feet, to the northeast corner of said Lot 1; Thence South 00°02'08" West, along the easterly boundary line of said Lot 1, a distance of 150.01 feet, to a point on the northerly boundary line of Whitewater No. 1 Subdivision; Thence South 88°47'18" East, along the northerly boundary line of said subdivision, a distance of 122.10 feet, to the northeast corner of said subdivision; Thence North 88°43'19" East a distance of 50.24 feet, to a point on the easterly right of way line of Central Way; Thence North 01°16'41" West, along said easterly right of way line, a distance of 319.58 feet; Thence North 44°32'44" East, a distance of 28.69 feet to a point on the southerly right of way line of Evans Lane; Thence in an easterly direction along the southerly right of way line of Evans Lane for the next (5) five courses: 1. South 89°37'52" East, a distance of 407.82 feet; 2. South 89°37'00" East, a distance of 33.77 feet, to a point of tangency with a 325.00 foot radius curve whose center bears North 00°23'00" East; 3. Following said curve to the left through a central angle of 07°40'52", an arc length of 43.57 feet, (The chord of said curve bears North 86°32'32" East a distance of 43.54 feet) to a point of tangency with 275.00 foot radius reverse curve whose center bears South 07°17'52" East; 4. Following said reverse curve to the right through a central angle of 07°53'59", an arc length of 37.92 feet, (The chord of said reverse curve bears North 86°39'08" East a distance of 37.89 feet); 5. South 89°23'53" East, tangent to the last described curve, a distance of 355.19 feet; Thence South 44°21'17" East a distance of 26.20 feet, to a point on the westerly right of way line of Burley Drive; Thence South 00°04'34" East, along said westerly right of way line, a distance of 58.15 feet; Thence North 89°55'26" East, a distance of 50.00 feet, to the southwest corner of Willie's Storage Subdivision. Thence South 89°22'04" East, along the southerly boundary line of said subdivision, a distance of 398.14 feet to the southeast corner of said subdivision; Thence in a northerly direction along the westerly right of way line of Union Pacific Railroad for the next (3) three courses: 1. North 08°12'23" West, a distance of 492.04 feet to a point of tangency with a 5779.58 foot radius curve whose center bears North 81°47'37" East; 2. Following said curve to the right through a central angle of 07°00'32", an arc length of 707.01 feet, (The chord of said curve bears North 04°42'07" West a distance of 706.56 feet); 3. North 01°11'51" West, a distance of 448.60 feet to a point on the north line of Section 10, Township 6 South, Range 34 East, Boise Meridian; Thence North 89°29'02" West, along said north line, a distance of 1315.52 feet, to the POINT OF BEGINNING; EXHIBIT 3: PROPOSED ADDITIONS CHAPTER 18.06 DEFINITIONS SECTION: 18.06.420: Zoning„ Form -Based: A form of zoning focusing less on land uses and classifications, instead regulating the design of the site, building, and mass of the structures. The goal of form - based codes is to create or preserve the character of the district by regulating design of the site, building, and mass of the structures, and foster an exceptional pedestrian environment among a mixture of land and building uses. 18.60.430: Zoning, Traditional Euclidian Zoning: Traditional or Euclidian Zoningis s a system of land use controls through use classifications and basic development standards such as height, setbacks, and density. Each parcel is placed within a district or zone that is differentiated with a list of land uses allowed or not allowed. Typically, one singular use is allowed per parcel and the code separates uses in different districts from each other. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 3 — Page - 33 EXHIBIT 4: PROPOSED ADDITIONS CHAPTER 18.08 LAND USE DISTRICTS AND GENERAL CONTROLS SECTION: 18.08.040: SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS TABLE HEADING: Land Uses Land Use Districts4 A R-1 R-2 I R-3 I R-4 I C-1 I C-2 I NOTES: A temporary deviation from this schedule may be permitted by the Design Review Committee for a period not exceeding 36 months. 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. 2. Permitted unless objections by any person as set forth in section 18.10.070 of this title, in which case the matter is treated as a conditional use permit. 3. The schedule for R-2 shall apply to an R -2P Zone. 4. For permitted, conditionally permitted, and not permitted uses in other zones see the appropriate chapter, 18.19: Chubbuck Village Criteria, 18.20: Planned Unit Developments, or 18.21: Creative Communities. SECTION: 18.08.042: SCHEDULE OF GENERAL CONTROLS; REGULATIONS A. Height And Area Regulations: Notes: 1. Minimum total setback is indicated on left; minimum setback for a side yard is indicated on right. In addition, the setback for at least 1 of the side yards shall be a distance of no less than 9 feet. 2 For height and area regulations in other zones see the appropriate chapter, 18.19: Chubbuck Village Criteria, 18.20: Planned Unit Developments, or 18.21: Creative Communities. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 4 — Page 34 SECTION: 18.08.046: SCHEDULE OF GENERAL CONTROLS; OFF STREET PARKING REQUIREMENTS B. Adjusted Requirements in Certain Districts: For off-street parking requirements specific to certain districts see the appropriate chapter: 18.19: Chubbuck Village Criteria, 18.20: Planned Unit Developments, or 18.21: Creative Communities. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 4 — Page 35 February 28, 2022 Dear Planning and Zoning Staff and Commission members and City of Chubbuck Council Members, I am writing in regards to the City's plan to create two new zoning areas. This would impact my business at 4604 and 4563 Burley Dr. I have been made many promises by the City of Chubbuck over the last 30 years and would hope they would honor what they promised. 1- 30 years ago when we purchased this property we were told that the City wanted this area to be for Commercial and Light industrial businesses. 2- 30 years ago we were told we could not have parking in front of our building but we must allow access behind our building 3- 30 years ago we were required to put in city sidewalk and curb and gutter even though at that time there was a gravel shoulder and no one else had curb gutter and sidewalk. Now we are being told we will become what you are tailing Village Zoning. 4- Now we are being told our business would not be allowed in this zoning but can exist if we never make any changes greater that 15%. l do not know what the 151 refers to but it says improvements greater than 15%. So if we fix the parking lot is that 15% it is undefined. 5- Now we are being told if we make any improvements to our building greater than 15% we must put parking in front of our building. We must also have decorative planters that jet out into the road for the snowplows to hit and ruin. 6- Now we are being told we would have to adjust the curb gutter and sidewalk for the third time because the city tore out our curb gutter and sidewalk when they improved the road about 8 years ago and replaced it. We are being told that if we make more than 15% change to our business it will simply not be allowed to exist. Wait ---What???? There are currently on the l=ast side of Hurley Dr. One Auto Body shop, Three separate self -storage businesses and Four single family homes. None of which are allowed in Village Zoning, Idaho Central has been exempted out and is allowed to continue as a Commercial Zoning on both sides of Burley Dr. On the West side of the street there is a construction company that stores equipment and concrete forms, a self -storage business and a veterinary clinic that boards animals. That already exists there. None of these would be allowed under the new Zoning. All of these businesses have helped to clean up and build the city of Chubbuck. All of these businesses depended on the City to stand by their word. It is unjust and unfair to constantly move the goal post, as it were, as to how you are allowed to do business in the City of Chubbuck. I would suggest that just as Idaho Central was allowed to remain in the Commercial zoning that the East side of Burley Dr. should also remain in Commercial zoning as we have been promised for many years. I would also propose that the West Side of Burley Dr between Evans and Linden be allowed to remain in the Commercial Zone. They are contiguous with what was promised and with what the zoning is for Idaho Central. This is the honorable thing to do. This is what a city does to show respect for the businesses that have helped to build it into what it is. Thank You Tari and Conway Jensen 4604 and 4563 Burley Dr. Chubbuck, Idaho 83202 208 2419300, 208 244 9300 schomes@msn.com Don Matson From: Tari Jensen <schomes@msn.com> Sent: Tuesday, March 1, 2022 7:50 AM To: Don Matson Subject: Re: City proposed Village zone Follow Up Flag: Follow up Flag Status: Flagged Don, This seems like an improvement over the previous section. However, when it comes to an addition in section 4. 1 can't quite buy off on that idea. I" a commercial appraisal adds at a minimum $5,000.00 to a project. This cost does not even guarantee the city will accept whatever is being proposed but must be born by the business owner. 2nd I have had other dealings with planning directors. We were presented with one idea as a planning council (I served on Bannock County Planning and Zoning) at the county but when it was put into action later the Mr. friendly interpretation of that director that presented went away and the property owner was not allowed to do the improvement they sought or had to do so at a much greater cost than the next guy paid. Any and I mean any ambiguity in language and loose interpretation language that is presented can be interpreted in many different ways. The same staff usually is not there, and the new staff has no idea of what was said previously. 3rd I still believe it is best to leave the East side of Burley Dr alone. Let it stand as it is. The businesses already exist. The only purpose I can see for the city to change the zoning on that side of the street is they have their eyes on the piece of property the Parrish family sold to a developer in Idaho Falls that the city wants for their Library. Everything else on that side of the street already exists. 41" I also believe the west side of Burley should be left as it is between Evans and Linden Streets. Idaho Central gets to stay the same so why does everybody else have to change??? The city would not allow Alpine animal hospital to be on Chubbuck road west of BLIMPIE's. So, they forced their hand to come over here. And now the city wants to change their zoning and control how they do business again. Scott Harris has heavy equipment and construction trailers and tools. SafeTGard Storage is built out and exists as a self -Storage facility. None of these businesses comply with the new zoning and have existed here for some time. I do not think any of them plan on becoming blighted or torn down. They are all new within the last 30 years. Is it the city's intention that every 30 years they will threaten the very people that are trying to build this community and that are in current compliance will have to face the threat of spending exorbitant amounts of money to comply every 30 years to the latest city whims? Does the city not honor or respect the citizens that comply all along the way??? Really? This is the reputation the City of Chubbuck wants to foster? Tari Jensen From: Don Matson <dmatson@cityofchubbuck.us> Sent: Monday, February 28, 2022 4:45 PM To: schomes@msn.com <schomes@msn.com> Subject: City proposed Village zone Tari Sorry again on the 15% language from our meeting. Here is the language from the end of the Land and Building Uses section, about non -conforming uses section and the value of an expansion. It's on pages 15 and 16 in the document, section 4 has the stuff we were talking about. B. Nonconforming Uses Structures and uses currently existing at the time of this code adoption shall be allowed to remain in their current form and function however: 1) At the time of a change to a different land use group as outlined in the table above, the new land use must be in conformance with this chapter. 2) Rehabilitations which do not affect the external dimensions of the structure, or make changes to the exterior of the building except for re -roofing and replacing windows, do not require compliance with the architectural requirements of this chapter. 3) Rehabilitations which do not affect the external dimensions of the structure but that make changes to the siding, cladding, or other non-structural fagades visible from the existing public realm, or from a planned public realm such as a future street or pedestrian corridor, are required to receive approval by the design review committee upon demonstrating that the project will meet as many of the design and frontage standards from section 18.19.060 as are feasible. 4) Lateral and/or vertical additions to existing buildings require that the addition be constructed to meet the requirements of this chapter. If the value of the new addition will exceed the value of the existing building, as determined by a professional appraiser, the entire building and site shall be brought into compliance with the requirements of this Chapter. Regards, Don CHUBBUCK I a R H 0 Don Matson MSPIAICP Planning Services Manager, City of Chubbuck 290 E Linden Avenue, Chubbuck, ID 83202 Phone - 208-239-3252 or 208-237-2430 ext. 152 City Hall hours Mon -Thur 7:30 am to 5:30 pm, Fri 7:30 am to 11:30 am CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. February 28, 2022 Dear Planning & Zoning staff, Mayor, and Council Member, I am writing for my concerns for my property at 4700 Burley Dr. I have concerns about the proposed rezoning and the impact it will or could have on my business. My family has been running a collision repair and restoration shop at this location for 42 years. During these years we have served the citizens of our community and surrounding areas building lasting relationships and a reputation as a business that delivers quality repairs. My concerns are how will rezoning impact my ability for future growth, the ability to sell my business when I retire and my ability to continue doing my day-to-day business operations. I am being told that will be allowed to keep my business at this location however if I decide to make any improvements over a certain % it not acceptable. To me this feels like government over -reach. We have helped build this City and have contributed to many organizations in our community from youth sports to various organizations and feel we're an asset to our community. I don't understand how come the City of Chubbuck wants to come in and change the zoning when it can and will affect the businesses that have been in the area for so long. If it affects the ability to continue operations and the business's ability to thrive then I'm not interested in having my property re -zoned. I feel that when Chubbuck changed the zoning from C3 to C2 several years back it was deceptive because Chubbuck had this idea already for having a City Center. I was reassured that it wouldn't affect my business negatively and I had nothing to worry about. Michael Harper March 1, 2022 To: City of Chubbuck From: Mark Adolfson, Bart Prestwich Property Owners 4730, 4740, 4750 Burley Drive Chubbuck, ID This Letter is in response to a letter we received February 28, 2022, regarding the zone changes of our above-mentioned property from (C-2) to the proposed (V -Zone). We Purchased this property in the Spring of 2019 with intent of using the property according to the (C-2) requirements and have been actively using the property for our Landscaping Business. We have not received any details at this time about the proposed (V -Zone) so we are not aware of the impact this will have on our business or future plans. Our long-term plans of developing the property have not been determined as we are entertaining several different avenues. Our short-term plans are to continue using a portion of the property for our Landscaping Business and to also use the remaining property for RV, boat, and trailer storage. We would also like to apply for a conditional use permit for the portion of property we intend to use for RV, Boat and trailer storage at this time. We would also like to request that we get more information on the details of the zone changes so we are more informed as to how the zone changes will affect our current and future plans. Thanks. Mark Adolfson. 208-681-3317 Seasonswest@yahoo.com