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0773 Amending Sections 17.08, 17.12, & 18.20CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 773 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING SECTION 17.08.145 TO DEFINE THE "PUBLIC WORKS DIRECTOR"; AMENDING SECTION 17.12.020 REGARDING THE PLANNING CONFERENCE TO PROVIDE SUBMISSIONS SHALL BE MADE BY THE DEVELOPER SEVEN DAYS PRIOR TO THE PLANNING CONFERENCE MEETING; MAKING CHANGES IN CHAPTER 17.12 TO ELIMINATE PUBLIC HEARINGS FOR PLATS UNLESS PETITION IS MADE AND GRANTED OR REQUIRED UNDER STATE LAW; PROVIDING FOR PLATS TO BE SUBMITTED IN ELECTRONIC PDF FORMAT; CLARIFYING CRITERIA FOR A MASTER PLAN; PROVIDING FOR THE REVIEW AND CRITERIA FOR CONSIDERATION OF A PRELIMINARY PLAT BY STAFF AND AGENCIES AND BY THE LAND USE AND DEVELOPMENT COMMISSION AND PROVISIONS FOR PUBLIC HEARING IF REQUESTED, PROVIDING FOR THE REVIEW OF THE PRELIMINARY AND FINAL PLAT BY THE CITY COUNCIL AND PROVISIONS FOR PUBLIC HEARING IF REQUESTED; PROVIDING FOR SUBMISSION OF COVENANTS AND ENTITY FORMATION INFORMATION TO PROVIDE FOR THE MAINTENANCE AND PRESERVATION OF IMPROVEMENTS OR LAND HELD IN COMMON OWNERSHIP; PROVIDING FOR PLAT CERTIFICATION TO INCLUDE PROVISIONS RELATING TO IRRIGATION WATER AND ANY DEVELOPMENT AGREEMENT RELATED TO THE PROPERTY; REPEALING SECTION 18.20.060 E WHICH REQUIRES 100 SQUARE FEET OF USABLE PRIVATE SPACE IN A RESIDENTIAL PLANNED UNIT DEVELOPMENT; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 17.08, 17.12 AND 18.20 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. The following Section 17.08.145 is added to the Chubbuck Municipal Code: 17.08.145: PUBLIC WORKS DIRECTOR: "Public Works Director" means the person appointed by the Mayor of the City whose duties are to oversee the Public Works Department; for purposes of this title, "Public Works Director" may also mean a designee of the public works director. Section 2. Chapter 17.12 is amended as follows: Ordinance - Page 1 chubbuck 011818 title 17 ord 17.12.020: PLANNING CONFERENCE: A. During the phase described in section 17.12. 010 of this chapter, the developer meets inf "mall", on one of more eeeasions as needed, with the public works director and together they review the development proposal for conformity to the city's comprehensive plan and for compliance with all applicable laws and ordinances. B The developer -'s proposal shall inel de At least seven (7) calendar days prior to the desired meeting time, the developer shall submit to the public works director sketch plans and narrative statement of intentions regarding: 1. Nature of land use; 2. Municipal services and public utilities; 3. Vehicular and pedestrian traffic; 4. Structures and improvements; 5. Lot and block layout; 6. Open space for recreation and public facilities; 7. Relationship with land use and development on adjoining property; and 8. Proof of ownership, agency for the owner or option or purchase from the owner, of the land to be developed. C. The public works director shall: 1. Review the developer's proposal and require the submission of such additional materials as may be needed to determine in general whether the proposal conforms to the comprehensive plan and complies with applicable laws and ordinances; a. If the proposal does not encompass all of the land which the developer ultimately seeks to develop, the developer shall prepare for the public works director's review a master plan relating to the entire area, containing the elements set forth in subsection B of this section, b. The master plan shall serve as a framework for evaluating specific development proposals within the subject area and shall be updated whenever required by changing circumstances; 2. Advise the developer in writing of his preliminary finding as to whether the development proposal (together with master plan, if applicable) appears to conform to the city's comprehensive plan and to comply with all applicable laws and ordinances; Ordinance - Page 2 chubbuck 011818 title 17 ord a. Where there is an apparent lack of such conformity or compliance the public works director may recommend actions to remedy the problem, b. The public works director's preliminary finding or recommendation shall be duly considered but shall not be binding upon the city in the course of reviewing plats thereafter submitted; 3. Determine whether the proposal involves the subdivision of land, creation of a street or constitutes a subdivision as specified in subsections 17.04.040 B1 and B2 of this title; a. If so, the public works director shall direct the developer to submit a preliminary plat, b. If the proposal neither involves creation of a street nor constitutes a subdivision, but is governed by this title because it is a project as provided in subsection 17.04.040 B3 of this title, then the public works director shall further determine, and advise the developer, whether the proposal potentially has a sufficient impact upon the city's comprehensive plan and upon the purpose of this title to require submission of a preliminary plat; 4. Inform the developer of the persons or agencies to whom copies of a preliminary plat shall be distributed by the developer, as provided in section 17.12.030 of this chapter so that the developer may contact them and ascertain their requirements before preparing the plat. 17.12.030: COPIES TO BE SUBMITTED: Except as provided in section 17.12.040 of this chapter, upon completion of the planning conference phase, the developer shall submit to the eity . C:' aepaAme ti t. public works director, one W eleven y seventeen (1 x 17) paper- eepy An4 An electronic document in PDF format of a preliminary plat of the proposal containing the information and reflecting the format required by sections 17.12.150 through 17.12.190 of this chapter. 17.12.040: REQUEST FOR WAIVER: If the proposal does not involve subdivision of land or creation of a street, but is a project governed by this title, as set forth in subsection 17.04.040 B3 of this title, the developer may submit to the eity el public works director, twee -(3) one 1 copy Eepies of a written request for waiver of the platting requirement, stating the reason(s) why waiver is sought. 17.12.050: NOTICE AND FEE: At the time of submitting a preliminary plat the developer shall pay to the city elerk a hearing ring n„*".o and plat review fee in an amount then in effect as set by resolution of the city council, which fee may be changed from time to time by city council resolution. Additionally, any fees charged the city by any public utilities or other governmental entities to whom the city distributes copies of the plat shall be reimbursed by the developer. 17.12.060: MASTER PLAN: Any preliminary plat that is a portion of a large parcel, part of a Ordinance - Page 3 chubbuck 011818 title 17 ord larger group of commonlyparcels or part of a larger development which has been or shall be developed, by the developer, shall be accompanied by a paFeel-master plan submitted during the preliminary platting process. Section 17.12.070: PRELIMINARY PLAT PLACED ON AGENDA OF MEETING is deleted in its entirety. 17.12.080: PLAT OR REQUEST FOR WAIVER TO BE REVIEWED: The publie works difee4er- shall review the plat or- request, in eef��etien with othef- appr-opriat of the VV1111111VJ1 Vll LV te l of his • A. Upon receipt of the preliminary plat application or request for waiver ("application"), the public works director shall perform a completeness review within five (5) business da. ss from official receipt of the application and applicable fees. B. If the public works director determines that the application is incomplete the applicant will be notified regarding what is needed to complete the application If an incomplete application is returned more than two (2) times, additional application fees may be required C. Once it is determined that the application is complete the application materials will be reviewed by city staff for technical compliance with applicable code provisions and notify the applicant of any deficiencies prior to the application being scheduled for review by the land use and development commission at a scheduled meeting D. Once it is determined that the application is complete the public works director will1p ace a sign (or signs) on the subject tract to provide notice to the public of the proposed subdivision E. Pursuant to section 67-6521 Idaho Code any affected person may, if no public hearing has been held, petition the commission in writing to hold a public hearing Unless the same section of Idaho Code requires that a public hearing be held the decision as to whether or not to hold a hearing shall be at the discretion of the chair of the commission after discussing the petition with the City's legal counsel and the public works director. In those instances where a hearing is held notice shall be given pursuant to requirements of Idaho Code 67-6512 As a requirement for consideration and action any written petition by an affected person shall be submitted to the public works director not less than seven (7) calendar days prior to the commission meeting in which the application will be reviewed in order for the petition to be considered. Any petition not submitted in a timely manner shall be barred from consideration Petitions shall include the names and addresses of the petitioners and a narrative describing the petitioners's concerns with the application as they specifically_ pertain to the preliminary plat review criteria as found in 17.12. l OOB of this title and describing how the proposal affects their interests. Ordinance - Page 4 chubbuck 011818 title 17 ord F. Representatives from the following city departments and affected agencies shall be given the opportunity to review the plat and to provide comments: 1. City staff shall review the preliminM plat for the following_ a. Basic street plans such as proposed right-of-way width curb gutter and sidewalk location and width, and planter strips. b. Basic public utility_plan. c. The proposed subdivision does not impede the future extension of streets and/or utilities to adjacent lands or recreational access to public lands. d. Grading and drainage control measures sufficient to demonstrate treatment and disposal methods and location. e. Sewage disposal. £ Culinary and irrigation water supply. g. New streets and traffic impacts on existing roadways. h. Review of environmental impacts including but not limited to erosion and storm drainage i. Consistency with gpplicable zoning and development codes. j. Preliminary consideration, if improvements and/or land are to be held in common ownership, of covenants and an association for the maintenance of said commonly held improvements and/or land. 2 City legal department shall review applicable legal issues. 3. The city fire department shall review existing and proposed hydrant placement fire apparatus access routes, design and location of required turnaround area(s) for developments Additionally construction standards for structures will be reviewed with applicable building permit applications. 4. Southeast Idaho Public Health for an opportunity to review on-site water and sewage disposal if ap lip cable. Ordinance - Page 5 chubbuck 011818 title 17 ord 5. School district 25 officials for an opportunity to review for impacts to school facilities 6. Idaho transportation department for an opportunity to review when the land abuts a state controlled roadway, for review of right-of-way access drives and intersection design 7. Affected public utility providers. 8. United States Post Office. 9. Bannock transportation planning organization for an opportunity to review for conformance to vehicle, bicycle, and pedestrian1p ans. 10. Any other agencies or groups deemed appropriate by the public works director. G. The reviewing representatives/departments shall have ten (10) calendar days from the date that notice is provided to transmit their recommendations in writing to the public works director. If no written comments are submitted by the required date it shall be noted for commission review that there are no city or agency concerns given to the city regarding the proposed subdivision. H. Following the end of the ten (10) day review and comment period if the public works director determines that changes are needed the public works director shall notify the applicant of such needs. If the applicant decides to make the changes a corrected submission must be received and reviewed for conformance at least ten (10) calendar days prior to the commission meeting at which the application will be reviewed. If the applicant determines to not make the requested changes, the public works director shall proceed with the process and the applicant shall be notified that failure to make the changes may result in a recommendation for denial I. The public works director will prepare a written report for the land use and development commission. The report will contain an evaluation of compliance with applicable ordinance provisions along with all comments resulting from the preliminary plat review process. 17.12.100:1€4EARING MEETING TO APPROVE OR DISAPPRONLE RECOMMEND APPROVAL OR DISAPPROVAL OF PLAT: A. With respect to a preliminary plat, the commission shall eendue+ a ..,,b lie hear -in -, review the preliminary plat at a scheduled meeting and recommend to the council whether to approve or disapprove the plat, as submitted, on the basis of whether it conforms to the criteria set forth in 17.12.100B of this chapter. The commission shall making findings of whether to recommend approval of the preliminary plat without or with conditions or to recommend denial and i -S ordinances if uisappr-e l a d, such recommendation shall be supported in the minutes of the commission's meeting a .7 Y v«uvv=c.r-crit Ordinance - Page 6 chubbuck 011818 title 17 ord B. The preliminary plat shall be reviewed for compliance with applicable ordinance provisions subject to the following review criteria: 1. The subdivision proposal complies with applicable provisions of this title 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district applicable overlays and other applicable development standards 4. All public facilities including streets sidewalks curbs gutters water, sewer, fire protection and sanitation services can be provided to the newly created lots and accommodate future extension to adiacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a_ A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day, 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or proppAK. 7. property - 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bice and pedestrian plans. 8. Public utilities are provided to the newly created lots in public rights of wain gpro riately sized easements. 17.12.110: RECORD OF PROCEEDINGS TO BE REVIEWED: Following receipt of the commission's recommendation regarding a preliminary plat, the eetineil public works director shall place the item on the council's agenda for the next council meetingQLAII ruQuiw the -'seem ,- the public is works it-eeter wish to pfesent. if uYa vli_ _ ___ _ plat before F t -'' ti, 4imeeting shall inelude a pikhe hearing. The eotineil shall deeide whether- to approve of Ordinance - Page 7 chubbuck 011818 title 17 ord disappr-eve the pr-elifninar-y plat in question. The eouneil may also r-emand the matter to th . . n for r-eeeasidemtion at its next regularly seheduled meeting, without the neeessity 0 any additional ,.,,1 he hearing. The council shall consider the record and the recommendation of uuul the commission and determine whether to approve or disapprove the preliminary plat If the preliminary plat conforms to requirements of section 17.12. 100B of this chapter, or may conform with conditions of approval which are agreeable to the applicant or their representative the council shall approve the prelimingU plat. The council shall enter in the minutes of its meeting the findings upon which its decision is based. Pursuant to section 67-6521 Idaho Code any affected person may, if no public hearing has been held, petition the Council in writing to hold a public hearing. Unless the same section of Idaho Code requires that a public hearing be held the decision as to whether or not to hold a hearing shall be at the discretion of the mavor after discussing the petition with the City's legal counsel and the public works director. In those instances where a hearing is held notice shall be'given pursuant to requirements of Idaho Code 67-6512. As a requirement for consideration and action any written petition by an affected person for a hearing shall be submitted to the public works director not less than seven (7) calendar days prior to the council meeting in which the application will be reviewed in order for the petition to be considered. Any petition not submitted in a timely manner shall be barred from consideration Petitions shall include the names and addresses of the petitioners and a narrative describing the petitioners's concerns with the application as they specifically pertain to the preliminary plat review criteria as found in 17.12. 10013 of this title and describing how the proposal affects their interests. 17.12.120: PROCEDURE FOLLOWING APPROVAL OR DISAPPROVAL: A.—If a plat is disapproved, another plat mus may be submitted and fee paid as provided in section 17.12.050 of this chapter. However-, J :f„ plat is YeJIA Vlll sub , iae with ., ,.h., f.,,.�, es the original findings,,- *4may be approved a4 a subsequent eouneil meeting without payment of fee or- an additional publi 17.12.200: COPIES TO BE SUBMITTED_ Following approval of the preliminary plat, and within the time period during which such approval is effective, the developer shall cause the development to be surveyed and shall submit to the ei y engineering depaA::lent one eighteen b twenty seven (18 x 27) paper eepy a public works director, an one 1 electronic document in PDF format of a final plat and supporting documents. Supporting documents shall include, without limitation, construction drawings. The final plat and supporting documents shall reflect the format and contain the information set forth in sections 17.12.270 through 17.12.320 of this chapter. If improvements and/or land are to be held in common ownership the applicant shall also submit covenants, conditions, and restrictions along with documents which would create an entity or homeowners association which provide for the preservation and maintenance of said commonly held improvements and/or land. 17.12.210: PLACED ON AGENDA OF MEETING: The public works director eei''ljunetio with the city e'shall cause the final plat and documents to be placed on the Ordinance - Page 8 chubbuck 011818 title 17 ord agenda of the meeting of the city council after the final plat is submitted and deemed complete and to substantially conform by the public works director. ; -n-a-1- 'plat and doe-uments available to publie works direeter, 17.12.220: REVIEW PROCEDURE: A. n... r- the to eit v �uv > evuivii meeting, 41,. 1a1' works direeter-shallreview the final Na 1 t - +t d t their-eenfefmity with 1 u a u approved pr-ehminaFyplat, • 2. To remove the matter- ftem the agenda of the eity eouneil fneeting for- w-hieh it was seheduled5 and 3. To advise the developer- that the final plat may be r-esubmitted as a proposed pr-eliminafy p! superseding the pFehminafy plat pr-eviously appr-eved. Thereupon, the pr-evisions of this ehavt _ _ --- ---- -- - -._ . -1 ............. t .....a.) va..v....a uuvau ...... v..u. a 'with theapproved vasplat. After having been prepared in accordance with Idaho Code title 50 chapter 13 and the requirements set forth under this title the final plat application shall be submitted to theup blic works director within the twelve (12) months validity period set forth in section 17 12 130 of this title. The final plat shall be in substantial conformance to the approved preliminm plat A. Unless changes made directly reflect specific conditions or approvals of the city council a final plat fails substantial conformity if any of the following occur: 1. The number of lots has increased or a significant change in the configuration of lots 2. Street alignment has changed significantly. 3. Additional streets are proposed. 4. A significant change more than ten percent (10% in the size or location of open space Ordinance - Page 9 chubbuck 011818 title 17 ord 2. To remove the matter- ftem the agenda of the eity eouneil fneeting for- w-hieh it was seheduled5 and 3. To advise the developer- that the final plat may be r-esubmitted as a proposed pr-eliminafy p! superseding the pFehminafy plat pr-eviously appr-eved. Thereupon, the pr-evisions of this ehavt _ _ --- ---- -- - -._ . -1 ............. t .....a.) va..v....a uuvau ...... v..u. a 'with theapproved vasplat. After having been prepared in accordance with Idaho Code title 50 chapter 13 and the requirements set forth under this title the final plat application shall be submitted to theup blic works director within the twelve (12) months validity period set forth in section 17 12 130 of this title. The final plat shall be in substantial conformance to the approved preliminm plat A. Unless changes made directly reflect specific conditions or approvals of the city council a final plat fails substantial conformity if any of the following occur: 1. The number of lots has increased or a significant change in the configuration of lots 2. Street alignment has changed significantly. 3. Additional streets are proposed. 4. A significant change more than ten percent (10% in the size or location of open space Ordinance - Page 9 chubbuck 011818 title 17 ord whether public or private. 5. Other proposed changes which may have affected the reviewed preliminary plat B. The public works director will review the final plat application for substantial conformity. 1. If the final plat application is not in substantial conformance the final plat application will be considered incomplete and returned to the applicant. If an incomplete application is returned more than two (2) times, additional application fees shall be required. 2. If the applicant desires to make changes affecting the substantial conformity of the final plat then the plat application will be required to be resubmitted pursuant to the preliminga PI provisions of this title. The resubmittal of a preliminary plat will require the applicant to submit a new application fee according to the application fee schedule. 17.12.230: APPROVAL; CONFORMANCE REQUIRED_At its regular meeting, the city council shall approve the final plat if the final plat and supporting documents substantially conform to the preliminary plat previously approved. Genf nnit.. will not be defeated b dimension adjustments based upon the sutwe�-, unless the couneil finds that sueh adjustments If the final plat is not approved by the council, the developer may undertake either of the alternatives specified in section 17.12.220 B of this chapter. The council shall enter the reasons for rejecting the final plat, in the minutes of its meeting. Pursuant to section 67-6521, Idaho Code, any affected person may, if public hearing has been held, petition the Council in writing to hold a public hearing. Unless the same section of Idaho Code requires that a public hearing be held, the decision as to whether or not to hold a hearing shall be at the discretion of the mayor amd city council after discussing the petition with the City's legal counsel and the public works director. In those instances where a hearing is held notice shall be given pursuant to requirements of Idaho Code 67-6512. As a requirement for consideration and action any written petition by an affected person for a hearing shall be submitted to the public works director not less than seven (7) calendar d4ys prior to the council meeting in which the application will be reviewed in order for the petition to be considered. Any petition not submitted in a timely manner shall be barred from consideration Petitions shall include the names and addresses of the petitioners and a narrative describing the petitioners's concerns with the application as they pecifically pertain to the final plat review criteria as found in 17.12.220 of this title and describing how the proposal affects their interests Section 17.12.240: APPROVAL; CAUSE FOR RESCISSION is deleted in its entirety. Ordinance -Page 10 chubbuck 011818 title 17 ord 17.12.320: REQUIRED CERTIFICATION: Certification required shall be as follows: A. Certification by registered land surveyor that the plat is correct and accurate, and that the monuments described in it have been located as described; B. Certificate of plat approval by the city engineer; C. Certificate of plat approval by the council, executed by the mayor, with statement of any qualifying conditions or terms, including but not limited to a reference to the project's development agreement; D. Certificate of recordation by the county recorder. E. Certification for irrigation water entitlement, delivery and assessments pursuant to Idaho Code 31-3805(b) and Chubbuck municipal code 16.12.230. Section 3. Section 18.20.060 E which required one hundred (100) square feet of usable private space in a residential planned unit development is repealed in its entirety. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 17.08, 17.12 and 18.20 not herein amended shall remain in effect. 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. Ordinance - Page 11 chubbuck 011818 title 17 ord PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 7th day of March, 2018. Kevin B. tngland, M ATTEST: ti _ --- Richard Morgan, Clerk Ordinance - Page 12 chubbuck 011818 title 17 ord SUMMARY OF ORDINANCE NO. 7;g An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, adding section 17.08.145 to define the "Public Works Director"; amending section 17.12.020 regarding the planning conference to provide submissions shall be made by the developer seven days prior to the planning conference meeting; making changes in chapter 17.12 to eliminate public hearings for plats unless petition a hearing is made and granted or required under state law; providing for plats to be submitted in electronic pdf format; clarifying criteria for a master plan; providing for the review and criteria for consideration of a preliminary plat by staff and agencies and by the land use and development commission and provisions for public hearing if requested, providing for the review of the preliminary and final plat by the city council and provisions for public hearing if requested; providing for submission of covenants and entity formation information to provide for the maintenance and preservation of improvements or land held in common ownership; providing for plat certification to include provisions relating to irrigation water and any development agreement related to the property; repealing section 18.20.060 e which requires 100 square feet of usable private space in a residential planned unit development; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapters 17.08, 17.12 and 18.20 not amended shall remain in effect; providing for the severability of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 77,3 and that the summary provides adequate notice to the public SUMMARY OF ORDINANCE - Page 1 chubbuck 020818 title 17 ord summpd of the contents of this ordinance. DATED this 7 day of March, 2018 SUMMARY OF ORDINANCE - Page 2 chubbuck 020818 title 17 ord sum.wpd