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0610 Planned Unit Development 2006CITY OF CHUBBUCK, IDAHO ORDINANCE NO. I(I AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 18.20.060 TO CLARIFY OPEN SPACE USES AND REQUIREMENTS FOR RESIDENTIAL AND NONRESIDENTIAL PLANNED UNIT DEVELOPMENTS; AMENDING SECTION 18.20.080 TO INDICATE NO REDUCTIONS IN SETBACKS ON THE PERIPHERY OF A PLANNED UNIT DEVELOPMENT IS ALLOWED; AMENDING SECTION 18.20.110 TO REQUIRE ALL FINAL PLANNED UNIT DEVELOPMENTS PLANS AND PLATS TO COME BEFORE THE LAND USE AND DEVELOPMENT COMMISSION, AND ADDING FURTHER REQUIREMENTS FOR THE APPLICATION; ADDING SECTION 18.20.065 TO REQUIRE CERTAIN AMENITIES IN A PLANNED UNIT DEVELOPMENT; ADDING SECTION 18.20.075 TO CLARIFY THE ZONING DESIGNATIONS APPLIED TO A PLANNED UNIT DEVELOPMENT; REPEALING CHAPTER 18.22 RELATING TO INFILL DEVELOPMENT; ADOPTING SECTION 18.20.085 RELATING TO INFILL DEVELOPMENT; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 18.20 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended Sections. The following amendments are adopted: 18.20.060 Common open space and other requirements in residential PUDs. A. A minimum of ten percent (10% of the gross land area development in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or uses of the area being developed. The City may allow a credit for lands so reserved, against dedication of park land otherwise required by Title 17 of this Code. Front, side and rear yard set back areas shall not be included in the calculation of the common open space required. B. The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as commons open space for parks, recreation and related uses. Public utility and similar easements or right of way for watercourses and other channels are not acceptable for common open space dedication unless such land or right of way is usable as a trail or similar purpose. The common open space must be usablerg o and not wasteland with no other practical purpose Consideration may be given to land with a natural setting such as a natural wooded area or a natural sa eg and grass area. Drainage or storm water retention is permitted in common areas. C. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan. D. If possible, every £Terp property developed under the PUD approach should be designed to abut upon common open space or similar areas. A clustering of Ordinance - Page 1 chubbuck122805pud.wpd • �J dwellings is encouraged. In areas where townhouses are used, there shall be no more than eight (8) townhouse units in any contiguous group. E. Ina residential PUD, each dwelling unit shall have at least one hundred (100) square feet of usable private space such as a patio deck or garden area F. The nonresidential portion of a PUD must be buffered from residential portions and adjoining residences or residentially zoned properties 18.20.080 Density: To provide for an incentive for quality P'HD Planned Unit Developments, the City Council may authorize an increased density of up to twenty five percent (25%) of the allowable number of structures or inhabitants, as appropriate taking into consideration the factors set forth in the following subparagraphs. Character, identity and architectural and siting variation incorporated into a development shall be considered cause for density increases; provided, that these factors make a substantial contribution to the following objectives of the PUD: A. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas --a maximum increase of ten percent (10%). B. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering) --a maximum increase of five percent (5%). C. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types --a maximum increase of ten percent (10%). D. Setbacks along the periphery of a PUD shall not be reduced from those established by the zoning district in which the PUD is located. 18.20.110 Procedure for Approval of a Planned Unit Development. PUDs are allowed in any land use district within the City; provided the following procedure is utilized and the plan is approved by the City Council after appropriate public hearing and review by the Land Use and Development Commission. In reviewing any PUD, the Land Use and Development Commission and the City Council shall take into account the criteria and standards set forth in subsection 18.28.040C of this Title. A. The developer shall meet with the City Engineer to discuss submission of a preliminary development plan and preliminary plat. The purpose of this meeting is to review early and informally the purpose and effect of this Title and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan and land use and development regulations. B. An application for approval of a preliminary development plan and preliminary plat shall be filed with the City Clerk by a property owner or person having existing interest in the property for which the PUD is proposed. At a minimum, the application shall contain the following information filed in triplicate: Ordinance - Page 2 chubbuck122805pud.wpd 1. Name, address and phone number of applicant; 2. Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan; 3. Legal description of property; 4. Description of existing use; 5. Land use districts; 6. A vicinity map at a scale approved by the Engineer, showing property lines, streets, existing and proposed uses to show the relationship of the PUD to the Comprehensive Plan and to existing schools and other community facilities and services, zoning of immediately adjacent property and street names; 7. A preliminary plat at a scale approved by the Engineer, showing topography at two -foot (2') intervals; location and type of residential, commercial and industrial land uses; layout, dimensions and names of existing and proposed streets; right of ways; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas and such other characteristics as the Engineer deems necessary; location and type of residential, commercial and industrial land uses and proposed sduare footage of all structures; 8. Proposed schedule for the development of the site; 0 aesthetic value. Color renderings of building materials and structure should be provided with the application and be in a form to be viewed by the public at all public hearings. 10. Photographs of similar developments, whether developed by pplicant or others not related to applicant, shall be provided along with data showing how applicant's proposal conforms as far as elevation, setbacks, buffers, distance between buildings and amenities as well as relation to improvements on adjoining unrelated properties. 11. 9-. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years. 12. Proposed square footage of all structures must be indicated. 13. Information of immediately adjacent property, including zoning and street names, must be included. The application for a preliminary development plan and preliminary plat shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the PUD would be in the public interest. Ordinance - Page 3 chubbuck122805pud.wpd 0 C. Where any information required by this Section is similar to information required to be presented by the developer in compliance with Title 17 of this Code, such information may be utilized for both purposes. D. The same provision for public hearing and legal notification as set forth in this Title for preliminary and final plat approval shall be followed. The applicant or a renresentative shall be present at all public hearings. Failure to so attend may result E. At or W within thirty (30) days after the public hearing, the Land Use and Development Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Title; whether the proposed development advances the general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations as well as how the project compares to the standards and criteria of subsection 18.28.040C of this Title. The Commission shall recommend to the City Council whether or not the preliminary development plan and preliminary plat should be approved. The City Council, after appropriate notice and hearing, shall review the preliminary development plan and preliminary plat. If approved by the City Council, tfie eouncil may, as part of its approval process, reqttire the final development plan to shall be submitted to and reviewed by the Commission prior to Council consideration of the final development plan. tfie eommission is not requited, no ffirther proceedings shall be required beffire the eommission anless the eouncil, in considering the finaf plan, requests the eommission tounderta-ke further consideration of the final plam. F. Upon approval in principle of a preliminary development plan by the City Council, an application for approval of the final development plan may be filed with the City Clerk by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval. At a minimum, the application shall contain the following information: 1. A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site; including major wooded areas, structures, streets, easements, utility lines and land uses. 2. All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use consideration suitable for adjacent properties. 3. A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard land use district regulations or other ordinances governing development. Ordinance - Page 4 chubbuck122805pud.wpd 4. Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements and nature and extent of earth work required for site preparation and development. The plan shall show the adequacy of the networks outside the PUD. 5. Site plan, showing building(s), various functional use areas, circulation and their relationship. 6. Preliminary building plans, including floor plans and exterior elevations. 7. Landscaping plans. 8. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained. G. f f review of the final de v elopment plan by the eonitnission has been requit ed by the Within sixty (60) days after receipt of the final development plan, the Commission shall recommend to the City Council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The Commission shall then transmit all papers constituting the record and the recommendation to the Council. ff review by ttie eornmission has not been require&, the final ptan shall be submitted directly to the eity eouncit. fn either , The City Council shall review the final development plan and approve, approve with supplementary conditions or deny said plan. Approval shall not be given unless the Council finds that: 1. The proposed development can be initiated within two (2) years of the date of approval. 2. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations. 3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD. 4. Any proposed commercial development can be justified at the locations proposed. 5. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the Commission. 6. The area surrounding said development can be planned and developed in coordination and substantial compatibility with the proposed development. Ordinance - Page 5 chubbuck122805pud.wpd 0 0 7. The PUD is in general conformance with the Comprehensive Plan. 8. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed. Upon granting or denying the application, the Council shall specify: 1. The ordinance and standards used in evaluating the application. 2. The reasons for approval or denial. H. The approval of a final development plan for a PUD shall be effective for a period not to exceed two (2) years. If no construction has begun within two (2) years after approval has been issued, it shall expire. An extension of the time limit -or modification of the approved final development may be approved, without further hearing or recommendation by the Commission, if the Council finds that such extension or modificat is not in conflict with the public interest. Any modification of the final development plan shall be reviewed by the Commission and then submitted to the Council with the recommendation of the Commission for approval, denial or approval with conditions of the proposed modification. Section 2. The following Sections are adopted: 18.20.065 Required Amenities. Two (2) or more of the following amenities shall be provided as part of each PUD: A. Landscaped open space of at least ten percent (10%) of the gross area. Minimum landscape ordinance requirements will not be counted as an amenity. B. Private active recreational facilities such as a playground, picnic area, basketball or tennis court, swimming pool, clubhouse, etc., of a size suitable to meet the needs of the development. C. Provision for a neighborhood park or other public open space, or public access thereto. D. A public pedestrian or bicycle circulation system within the project (exclusive of required sidewalks adjacent to public right of way) and connecting to existing or planned pedestrian or bicycle routes outside the project. E. Other amenities as may be approved by the Commission and Council. 18.20.075 Zoning Designation. A strict zoning designation shall not be applied to a PUD, but it shall be designated as a PUD for (type - residential, commercial, industrial) and, if applicable with associated uses for ((type - residential, commercial, industrial). For purposes of the initial calculations of density, designation of setbacks, heights of buildings, etc., the zoning district for the property in which the PUD is being developed shall apply. For newly annexed properties, the zoning designation of adjoining properties shall apply. Ordinance - Page 6 chubbuck122805pud.wpd Section 3. Chapter 18.22, "Infill Development" is repealed in its entirety and the following Section 18.20.085 is adopted: 18.20.085 Residential Infill Planned Developments: Lots and parcels of five (5) acres or less within the city, which are located in areas already substantially developed (at least 60 percent of the land area within 300 feet of the boundaries of the parcel), and to which municipal services (sewer, water, fire, and police) are already available may qualify for infill development. The applicant shall submit with the application, verification that the site qualifies as an infill site. This verification may be in the form of recent aerial photographs. In addition, the applicant shall provide documentation of the availability to the site of water, sewer, fire flow and fire protection. Upon recommendation of the commission, the council may approve exceptions to section 18.20.060 of this chapter and: 1. The council may allow up to a fifteen percent (15%) increase in the density allowed for the site under the zone as an infill incentive. 2. The council may also grant a waiver of the amenity requirement set forth in section 18.20.065 of this chapter with a recommendation from the commission. 3. The council may grant waivers or adjustments to the requirements for street widths, set backs or other design standards if such waivers are deemed appropriate for the development after considering surrounding uses, and aesthetics. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapter 18.20 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. 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 hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. Ordinance - Page 7 chubbuck122805pud.wpd 0 C7 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 28TH day of MARCH , 2006. .m/ 4/L �.. L_ L SVen M. England, M.OR —� ATTEST: 4�1 �' jn4�rl Ron Conlin, CITY CLERK Ordinance - Page 8 chubbuck122805pud.wpd