HomeMy WebLinkAboutPH #4 Design Review 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: November 8, 2022
Re: A petition by City of Chubbuck City staff repealing current Chapter 18.16 "Design Review
Clearance', adopting a new Chapter 18.16 "Design Review Clearance' setting forth applicability and
purpose for Design Review clearances and setting for certain exemptions; setting forth actions that
may be taken if requirements are not satisfied; setting forth the Community Services Director as the
Administrator, setting forth a list of members of the Design Review Committee; setting forth the
materials necessary to make application; setting forth the criteria for approval and the process
thereof, including requiring that decisions shall be in writing, and including a process for
reconsideration of a decision and appeals to the City Council; and setting forth fees as set by
resolution of the City Council. The petition will be reviewed against criteria in section 18.28.050.6.8
of city code. Type of action: Recommendation. (Action Item)
BACKGROUND
As conditions in the region and community change major and minor needs arise for alterations in City
Code. Design Review clearance is an important step in development to reduce costs and time for a
developer. Without it a developer or builder may apply for a building permit or a Conditional Use Permit
with a site layout that simply isn't feasible, or it violates or doesn't meet development standards. In such
cases a development may face a significant delay and incur the cost of site redesign.
Chapter 18.16 "Design Review Clearance' was established decades ago, with several updates approved in
1986 (Ord. No. 281), and minor updates in 2016 (Ord. No. 755).
The structure of the Chapter needs to be replaced. For example:
• For some time the current code has been implemented with in-person meetings among staff,
followed by a meeting with the developer.
o Some of the meetings are under 10 minutes long;
o Chubbuck is attracting more out-of-town developers and requiring a face-to-face meeting
that may last only a few minutes places an undue burden on the developer; and
o Improved technology provides the ability to have effective meetings and consultations
with staff and developers in different locations.
Current technology can allow simultaneous reviews by members of the Committee, and to provide
real-time comments to other members.
o The review time for the committee and applicants can be reduced using a simultaneous
process for staff review.
o The Committee administrator can provide all comments to the applicant without requiring
meetings among staff or with the developer.
o The draft code would permit face-to-face meetings with the developer if desired and
provides an appeal process similar to existing procedures.
Current code requirements lack some important features for review. Transportation, signs
(freestanding), landscaping, site layout and storm drainage are listed in the Chapter. Additional
topics are in other sections of code but would be better served if specifically placed in the chapter
and if the requirements were reorganized, such as:
o Curb, gutter, and sidewalk standards;
o Land use and zoning standards, including required setbacks and height limitations,
o Sanitary sewer pretreatment standards;
o Water, sewer, and sanitation standards; and
o Platting and development agreement standards.
See attached Draft Chapter 18.16 "Design Review Clearance" for a complete copy of the proposed text.
PETITIONER:
City of Chubbuck
Attn: Community Services Department
APPLICABLE LAWS AND PLANS:
FACTS
290 E Linden Avenue, Chubbuck, ID 83202
Phone: 208) 237-2430
Chubbuck Comprehensive Plan (as amended)
Chubbuck City Code
• Notices of the hearing provided in accordance with City Code Chapter 18.28.010.C.
Standards for approving a title text or map amendment per City Code Chapter
18.28.050.6.8.
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, Title 18.28.050.8.8:
CRITERIA A — COMMUNITY:
The proposed text amendment would be in the community's best interest.
The proposed change brings the Chapter in better alignment with existing community conditions,
allows a more streamlined process for applicants, and accounts for additional city standards not
identified in the Chapter.
CHUBBUCK
I D R H O
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Page 2
CRITERIA B — CONSISTENCY:
The proposed text amendment is consistent with the existing provisions of the zoning
ordinance.
The proposed amendments do not conflict with the existing provisions of the zoning
ordinance but enhance the code for clarity and better alignment with existing conditions.
CRITERIA C — COMPLIANCE:
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.
Upon review staff finds no conflict with the Comprehensive Plan (available at
https:Hcityofchubbuck.us/wp-content/uploads/2018/01 /2002-Comprehensive-
Plan.compressed.pdf); none of the goals, objectives, or policies appear to have direct
application to the proposal.
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.
EXHIBIT
1. Draft Chapter 18.16: Design Review Clearance
• No comments were received regarding this proposal.
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
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Cf11BBUCK
I D R H O
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Page 3
Exhibit 1: Draft Chapter 18.16: Design Review Clearance
CITY OF CHUBBUCK
ORDINANCE No. DRAFT
A PETITION BY CITY OF CHUBBUCK CITY STAFF REPEALING CURRENT CHAPTER
18.16 "DESIGN REVIEW CLEARANCE", ADOPTING A NEW CHAPTER 18.16 "DESIGN REVIEW
CLEARANCE" SETTING FORTH APPLICABILITY AND PURPOSE FOR DESIGN REVIEW
CLEARANCES AND SETTING FOR CERTAIN EXEMPTIONS; SETTING FORTH ACTIONS THAT
MAY BE TAKEN IF REQUIREMENTS ARE NOT SATISFIED; SETTING FORTH THE
COMMUNITY SERVICES DIRECTOR AS THE ADMINISTRATOR; SETTING FORTH A LIST OF
MEMBERS OF THE DESIGN REVIEW COMMITTEE; SETTING FORTH THE MATERIALS
NECESSARY TO MAKE APPLICATION; SETTING FORTH THE CRITERIA FOR APPROVAL
AND THE PROCESS THEREOF, INCLUDING REQUIRING THAT DECISIONS SHALL BE IN
WRITING, AND INCLUDING A PROCESS FOR RECONSIDERATION OF A DECISION AND
APPEALS TO THE CITY COUNCIL; AND SETTING FORTH FEES AS SET BY RESOLUTION OF
THE CITY COUNCIL.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Repeal of Chapter 18.16 " is
repealed in its entirety.
Section 2. Adoption of New Chapter 18.16 Chapter 18.16, "Design Review Clearance"
is hereby adopted:
CHAPTER 18.16
DESIGN REVIEW CLEARANCE
Section:
18.16.010: Applicability
18.16.020: Authority of the Administrator and the Committee
Exhibit 1: Draft Chapter 18.16: Design Review Clearance
18.16.030: Application
18.16.040: Standards
18.16.050: Fees and Costs
18.16.010: APPLICABILITY; PURPOSE:
Design Review is required for building, developing, or substantially altering the exterior of
buildings or sites in all zones in the City of Chubbuck for any commercial or industrial
building/use, for any residential buildings with three (3) or more single-family units, including,
but not limited to, apartments, threeplexes, townhomes, etc., or for any residential development
containing densities greater than six (6) units per acre. The primary purpose of the process is to
identify the technical requirements of city code that will apply to each unique project and how to
apply them to each project.
1. Exemptions (unless otherwise required by a stricter portion of city code such as in the
Village or Highway Corridor districts or Creative Community district, or unless required
by a separate development agreement):
a. Structures not visible from a public street, private street, or abutting residence;
b. Structures fully screened from all abutting property lines not owned entirely by the
applicant;
c. Maintenance and repair of existing exterior facades;
d. Modifications to exterior finishes that do not change the materials, including but
not limited to paint, stain, or other exterior finishes; and
e. Roofing materials.
f. Accessory dwelling units are not considered towards density calculations.
2. Design Review is required for site alterations, including, but not limited to the addition,
removal, or modification of site improvements and/or features such as access, parking,
Exhibit 1: Draft Chapter 18.16: Design Review Clearance
landscaping, or any other alteration which modifies the site, approved conditions, and/or
the requirements of Chubbuck city code. The Administrator of the Design Review
Committee has the discretion to determine if Design Review is required.
3. Design Review approval must be obtained prior to making application for any conditional
use permit, preliminary plat, short plat, or building permit when required by this section.
4. The City may withhold permits, certificates of occupancy/completion on the lots or land
being developed or subdivided, or the structures constructed thereon, if the improvements
required under this title have not been constructed or installed, or if such improvements are
not functioning properly, or if the required Design Review Clearance has not been received.
18.16.020: AUTHORITY OF THE ADMINISTRATOR AND THE COMMITTEE:
The Community Services Director, or their designee, is the Administrator of the Committee and
is responsible for coordinating reviews of applications and for communicating the decision of the
Committee to the applicants. Committee is authorized to approve, approve with conditions, or deny
all projects submitted for Design Review.
A. The Committee shall consist of the Mayor, the City Attorney, the Public Works Director,
Land Use & Development Commission Chair, the Community Services Director, the Fire
Chief, and the Police Chief, and/or their designees.
B. The Committee may sit in their role for reviews and approvals of other portions of this
Title that are not necessarily formally tied with a Design Review Clearance, such as, but
not limited to reviewing some accessory dwelling unit designs, reviewing and approving
certain improvements in a Creative Community or in Chubbuck Village zoning districts,
and reviewing and approving tree replacements in rights-of-way.
18.16.030: APPLICATION:
A completed design review application with all fees paid and all application materials submitted
shall constitute a complete application for design review and is required prior to review of any
Exhibit 1: Draft Chapter 18.16: Design Review Clearance
design review proposal. The following is required to be submitted for an application for Design
Review:
1. Design Review application form shall include project name, proposed use, location,
applicant, owner, project representatives, and contact information.
2. Vicinity map (to scale) showing the project location in relationship to neighboring
buildings and the surrounding area. Note: a vicinity map shall show location of adjacent
buildings and structures.
3. Site plan, as required by the application form and the Committee showing locations and
dimensions of any of the following on the site: buildings, fences, sidewalks, ADA ramps,
parking areas and stalls, dumpster enclosures, stormwater retention areas, existing trees
and fences, easements, rights-of-way, above ground utility lines, canals/ditches, etc.
4. Preliminary landscape plan (existing landscaping on the site show as retained, relocated,
or removed; proposed landscaping including species types, quantity, etc).
5. Floor plan showing gross square footage for each floor and listing occupancy classification
and type of construction and showing locations of any floor drains.
6. Detailed elevations of all sides of all proposed buildings in the development and other
exterior elements (colors, materials).
7. Sign plans showing locations, sizes, dimensions, and illustrations.
8. Lighting plan showing locations of lighting structures and fixtures, the lighting distribution
on the site, and demonstrating how light will be aimed and shielded to prevent light trespass
off the property and downward from the night sky.
9. A list of chemicals, including cooking oils, to be stored and/or used on the site and whether
any are proposed to be disposed of in the sanitary sewer system. If proposed for disposal
in the sanitary sewer system, submit proposed pretreatment method, if any.
10. The Administrator may waive some submittal requirements if they determine the
information is not relevant to the Committee after consulting with the Committee.
18.16.040: CLEARANCE APPROVAL:
A. Upon receipt of a complete application and fees, the Administrator provide the applicant's
submittal to the Committee along with a request for review and comments. The Committee
Exhibit 1: Draft Chapter 18.16: Design Review Clearance
shall have fourteen (14) calendar days to review the submittal and to issue a decision in
writing.
B. The Committee shall determine in writing based on cause that the following are satisfied,
or may be satisfied with conditions, for a project to receive Design Review approval:
1. The project will conform to, or exceed, applicable standards and criteria of
Chubbuck city code including, but not limited to:
a. Curb, Gutter, and Sidewalk standards;
b. Approach and Access Management Standards;
c. Street, Right -of -Way, Traffic Circulation, and Traffic Study Standards;
d. Stormwater Retention Standards;
e. Lighting Standards;
f. Landscaping Standards;
g. Parking Standards;
h. Land Use and Zoning Standards;
i. Sanitary Sewer Pretreatment standards;
j. Water, sanitary sewer, and sanitation standards;
k. Fire Code standards;
1. Building Code Standards;
in. Platting and Development Agreement Standards;
n. Other items specific to the use, the site, the zone, etc.
C. Where allowed by Chubbuck city code or not expressly prohibited by the same, the
Committee may grant deviations from certain standards based on cause and upon specific
request by an applicant.
D. If an applicant is denied, it shall be for cause and the Committee shall state in writing what
actions, if any, the Applicant could take to obtain future approval.
E. The Committee may approve any condition necessary to ensure the health, safety, and
welfare of the public is not jeopardized, and to ensure that the technical requirements of
the city code will be met.
Exhibit 1: Draft Chapter 18.16: Design Review Clearance
F. A decision by the Committee is specific only to the technical details of City Code, and is
not an approval for any other separate authorization required by City Code such as a
conditional use permit or plat, nor is it a complete list of detailed technical requirements
for approval of a project.
G. If an applicant disagrees with the written findings of the Committee, then the applicant
must, prior to making an appeal to the Council, submit a request to reconsider in writing,
stating the specific requirements with which the applicant takes issue. The Committee shall
review and respond to the request for reconsideration within ten (10) calendar days.
H. Decisions of the Committee may be appealed to the City Council, provided the applicant
has properly made a request to reconsider as set forth above. Any appeal must be filed
within ten calendar (10) days of the date of the Committee's final decision. At the Council
meeting to review the appeal, both the applicant and members of the Committee may
provide testimony to the Council, and the Council may reverse, affirm, or modify any
decision of the Committee.
18.16.050: FEES AND COSTS:
The design review application fee shall be set by resolution of the City Council.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the city
and any provision of the Municipal Code which conflict with the provisions of this Ordinance are
repealed to the extent of such conflict.
Section 2. Severability. The sections of this Ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days,
one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective
upon its passage, approval, and publication.
Exhibit 1: Draft Chapter 18.16: Design Review Clearance
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this day of , 2022.
Kevin B. England, MAYOR
ATTEST:
Joey Bowers, CITY CLERK