A.   Purpose: In accordance with city policy to guide major land development projects, the purpose of this district is to encourage innovation and special features in planned unit development (hereinafter referred to as "PUD") by embracing and promoting projects proposing any of the following, but not necessarily all:

      1.   A combination of land uses and development patterns in harmony with development intensity, multimodal transportation, community design, and community facilities objectives of the City of Chubbuck Comprehensive Plan; however, unless otherwise stated in this section, a mix of land uses or housing types is not required in a PUD.

      2.   A maximum choice of living environments by allowing a variety of housing and structure types, permitting an increased density per acre, and accepting a reduction in lot dimensions, yards, setback, and area requirements.

      3.   A more useful network of bicycle and pedestrian paths, open space, and recreation areas accessible to all and supportive of healthy commuting and active living, and if included as part of a mixed use project, more convenience in access to employment and services.

   B.   Intent: The intent of the PUD Zone is to further the policies of the City of Chubbuck Comprehensive Plan to a greater extent than would a traditional zone, by providing a zoning district with a better mix and arrangement of land uses than are typically found separately in mutually exclusive, traditional zoning districts to:

      1.   Promote the public health, safety, and welfare;

      2.   Reduce suburban sprawl, under-developed sites, and agricultural land development on the ex-urban fringe;

      3.   Promote increased community interactions through careful site development which emphasizes pedestrian and bicycle modalities;

      4.   Encourage a variety of housing types and affordability that accommodate residents' needs through all stages of life;

      5.   Establish reasonable design standards for development and redevelopment in order to ensure that the built environment is sustainably desirable and stable, that property values are stable and maintained, and to enhance the image of the City of Chubbuck; and

      6.   Allow for innovative designs that create visually pleasing and cohesive patterns of development and multi-modal transportation. (Ord. 825, 2021)

Whenever there is a difference between the provisions of this chapter and those of other chapters, the provisions of this chapter shall prevail. Unless otherwise authorized, subjects not governed by this chapter shall be governed by the respective provisions found elsewhere in this title. (Ord. 825, 2021)

The PUD process is not intended to skirt development rules nor result in a detrimental impact on the surrounding community through its implementation.

   A.   Eligibility: A PUD maybe permitted if a developer desires flexibility from specific conformance with zoning regulations as applicable to individual lots or traditional subdivision regulations provided they can meet the requirements for a PUD located within this chapter. The PUD process is intended to provide flexibility, latitude, and relief from the provisions of the zoning ordinance only if the proposed development is consistent with at least two (2) of the following instances and approved as set forth herein:

      1.   The development offers a maximum choice of living environments by allowing a variety of housing and building types.

      2.   The development promotes mixed use projects which are functionally integrated within the development and provides services or benefit to the primary use. For the purposes of this chapter, a mixed use project means the incorporation of more than one of the following land use groups: residential, commercial, industrial, and civic/institutional.

      3.   The development provides a layout which preserves and properly utilizes natural topography and geologic features, historic resources, scenic vistas, and beneficial trees or other vegetation.

      4.   The development parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development processes.

      5.   The development qualifies as infill per this chapter.

      6.   The development encourages infill that further implements the City of Chubbuck comprehensive plan and other plans, such as for parks or the downtown area.

   B.   Minimum Area:

      1.   Residential: A PUD shall contain an area of not less than one (1) acre.

      2.   Commercial, Industrial, or Mixed Uses: A PUD shall contain an area of not less than three (3) acres.

      3.   Residential Infill PUD: There shall be no minimum area requirement for a PUD meeting the infill standards per section 18.20.060.E, but design must accommodate requirements of this code.

      4.   Downtown Area: For a Residential, Mixed Use or Commercial PUD in the Downtown Area there shall be no minimum area requirement, but design must accommodate requirements of this code. For the purposes of this chapter, the downtown area shall be defined with the following boundary:

         a.   Union Pacific Railroad on the east, Interstate Highway 86 on the south, a line approximately four hundred (400) feet west of Yellowstone Avenue on the west, and a line approximately three hundred (300) feet north of Chubbuck Road on the north.

         b.   Parcels northwest of the Yellowstone Avenue and Chubbuck Road intersection are included in this description.

      5.   Sites over five (5) acres are also eligible for Creative Community (CC) zoning and development. Qualifying sites are encouraged to consider development as a CC.

   C.   Ownership And Direction: A PUD shall be developed under single ownership or direction or be the subject of a joint application by the owners of all property included. An application for approval of a PUD may be filed by a person or persons having contractual interest in the property, but must include written consent of the recorded owner or owners of property included in the development. Unless otherwise provided as a condition for approval of a PUD, the applicant may transfer units of any development for which approval has been granted; provided, that the transferee shall complete, use, and maintain each such unit in conformance with the approved PUD Master Development Plan (hereinafter referred to as "MDP"). Perpetual maintenance arrangements of common areas shall be arranged in the Codes, Covenants, and Restrictions (CC&Rs) as described in 18.20.040.D.

   D.   Qualifying Locations: A PUD Zone may be proposed in any part of the City. (Ord. 825, 2021)

PUDs are allowed in any area within the city; provided the following procedure is utilized and the plan is approved by the City Council (hereinafter referred to as “Council”) after appropriate public hearing and review by the Land Use and Development Commission (hereinafter referred to as “Commission”). In reviewing any PUD, the Commission and the Council shall take into account the criteria and standards set forth in subsection 18.28.040.C of this title.

   A.   Discretionary Powers: Following the spirit and purpose of this chapter, much greater latitude is permitted than in conventional and traditional regulations for development density and intensity. In consideration of the latitude given, the Commission and Council shall have discretionary powers in judging and approving or disapproving the imaginative or unique concepts, innovations, and designs which shall be incorporated into the plans presented, provided that PUD shall conform to the general purposes and objectives of the City of Chubbuck Comprehensive Plan.

   B.   Planning Conference: The developer shall meet with the Community Services Director in a Planning Conference as described in 17.12.020 to discuss submission of a PUD zone and MDP application. The purpose of this meeting is to review early and informally the purpose and effect of this title and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan and land use and development regulations,

   C.   Optional Sketch Plan Review: After holding a Planning Conference, and before applying for a PUD zone and MDP, the developer may elect to present a sketch plan of the proposed PUD to the Commission and Council for review and comment as business items with each body. A sketch plan is not a formal PUD application, and comments or feedback from the Commission and Council shall be non-binding. A PUD sketch plan review shall include, at a minimum:

      1.   Items 1 and 3 from subsection D below,

      2.   For residential areas, the proposed density, number of units by type and location, and the amenities, design, and other incentives allowing increased density, and

      3.   For non-residential areas and land uses, the proposed uses by type and location, height, parking, and open space variations, and the amenities, design, and other incentives allowing greater intensity.

      4.   Topography and significant natural features on and adjacent to the property.

   D.   PUD Zone And MDP: An application for a PUD zone and a MDP shall be filed concurrently with the Community Services Director by a property owner or person having existing interest in the property for which the PUD is proposed. Together the applications shall follow the process and procedures described in 18.28 for a zoning map amendment.

Application for an associated preliminary plat may be filed at the same time; procedures for the plat shall follow the process and requirements as described in Title 17.

The PUD MDP application, as an addendum to the PUD zone application, shall contain the following information:

      1.   Aerial image showing the site location, acreage, boundary, scale, and north arrow, accompanied by a legal description of the property,

      2.   Concept plan/map of the PUD with proposed land use locations, concept for open space, pathways, and amenities, and existing and proposed streets.

      3.   Proposed schedule and phasing plan for the development of the site, including development of amenities, open space, and landscape features, and evidence that the applicant can initiate the proposed development plan within two (2) years.

         a.   Issuance of building permits may be delayed if the construction of amenities, open space, and landscaping is not in substantial compliance with the approved schedule and phasing plan.

         b.   Compliance and adjustments to the schedule and phasing plan for open space and landscaping may be influenced by weather and seasons.

      4.   Existing features of the development site, including all transportation systems, waterways, major utilities, easements, floodplain boundaries, topography, structures, and major areas of woodlands or other native vegetation.

      5.   A design statement or manual with proposed design and architecture guidelines, and architectural and special features to be included to qualify for increased development intensity/density, per 18.20.060 D. and 18.20.070. Include building elevations and heights, type and color of building materials with emphasis on architectural design and aesthetic value, color renderings of building materials and structures, landscape standards, and other architectural features such as street furniture, public art, or site-specific sign standards. Photographs of similar developments, whether developed by applicant or others, may be provided.

      6.   For residential areas, the proposed density, number of units by type and location, street pattern and lots, and the amenities and other incentives justifying the request for increased density if desired. For non-residential areas and land uses, the proposed intensity, justification for any proposed height increases, parking and open space variations; approximate square footage, preliminary site plans, and the amenities and other incentives allowing greater intensity.

      7.   Statement of eligibility of the project, per 18.20.030, including qualifications for infill or downtown recognition.

      8.   Streetscape standards, and general landscaping plans for open space, pathways, and recreation areas.

      9.   Requested deviations in zoning standards, per 18.20.060, including proposed internal setbacks, and plans for perimeter transitions as described in 18.20.070 B. The MDP application shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the PUD and associated deviations from city zoning and street standards would be in the public interest.

      10.   Engineering feasibility studies and plans showing, as necessary, water, sewer, irrigation, drainage, and waste disposal facilities; street improvements and cross-sections if they differ from city standards. The plan shall show the adequacy and suitability of the utilities and streets proposed to carry anticipated loads, and increased densities will not be such as to overload the utility and street networks outside the PUD.

      11.   Evidence of unified ownership or control.

      12.   Deed restrictions, protective covenants, CC&Rs, and other legal statements or devices to be used to control the use, development, and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained, and pads or lots yet to be developed whether privately or commonly owned.

      13.   Any other appropriate supplementary information that may also be required by the Community Services Director.

      14.   Where any information required by this section is similar to information required to be presented by the developer for a preliminary plat in compliance with title 17 of this code or the PUD zone application, such information may be utilized for both purposes. However, consideration and approval of a subdivision shall occur by separate application, presentation, and action.

   E.   Approval Or Denial:

      1.   Within sixty (60) days after receipt of the application, the Commission shall hold a public hearing and review the PUD Zone and MDP proposal, and recommend to the Council whether the PUD Zone and the MDP be approved as presented, approved with supplementary conditions or disapproved. The Commission shall then transmit all files constituting the record and the recommendation to the Council.

      2.   Within sixty (60) days after receipt of the recommendation of the Commission, the Council shall hold a public hearing and review the PUD Zone and MDP and approve, approve with supplementary conditions or deny said plan. Upon granting or denying the application, the Council shall specify:

         a.   The ordinance and standards used in evaluating the application.

         b.   The reasons for approval or denial.

      3.   In the event the proposed MDP is denied by the Council, the PUD Zone is also denied and the property remains in the original zoning district.

   F.   Implementation: The MDP shall be adopted as an exhibit to the ordinance which establishes the specific PUD Zone. The MDP, or portions thereof, maybe amended per the process outlined in 18.20.050. A development agreement between the City and the applicant may be required by the City Council and executed before the zoning designation shall be effective.

   G.   Time Limit: The approval of a MDP shall be effective for a period not to exceed two (2) years. If no construction has begun within two (2) years after approval has been issued, it shall expire. An extension of the time limit may be approved, without further hearing or recommendation by the Commission, if the Council finds good cause in granting such extension. (Ord. 825, 2021; amd. Ord. 845, 2022)

   A.   PUD Amendment Process: The Commission shall hold a public hearing before forming a recommendation to the Council. The Council may approve the amendment as a business item, per Chapter 18.28.

   B.   Amendments: PUD Amendments include but are not limited to:

      1.   Change in the proposed land uses;

      2.   Change or conflict with any condition of approval;

      3.   Change in the street pattern, except technical corrections, determined necessary by the Community Services Director;

      4.   Increase in overall density or intensity of use:

         a.   An increase in the number of dwelling units; or

         b.   An increase in the total building square footage or height;

      5.   Change in the proposed phasing sequence of the PUD;

      6.   Decrease in the amount of approved open space or landscaping;

      7.   Decreases in any approved setback; and

      8.   Any other proposed change deemed by the Community Services Director to be a significant change in the MDP. Some architectural style or guidelines may not affect the changes listed above. (Ord. 825, 2021; amd. Ord. 845, 2022)

   A.   Comprehensive Plan: In compliance with the Future Land Use Map and the District-Zone Conversation Chart in the Comprehensive Plan, the table below provides guidance for what uses are generally acceptable within a PUD. Applicants may propose a variety of land uses within a PUD for immediate and future development per the Land Uses table in Section B, and additional uses per Sections C and D, below. The Commission and Council shall specify the exact permitted and conditionally permitted land uses allowed within the PUD after considering the proposed land uses, design and buffering, compatibility with surround zoning and land uses, the Future Land Use Map, and the District-Zone Conversion Chart applicable for the subject property(ies). See also Section 18.20.070 B.

 

   B.   Permitted And Conditional Land Uses: The developer shall propose the land uses for the PUD based upon the zoning districts indicated in Section 1 above and the table below. The proposed land uses are to be compatible with or buffered from adjacent land uses, and in agreement with the adopted Comprehensive Plan.

 

   C.   Additional Land Uses: In addition to residential and other allowed uses, up to twenty percent (20%) of the gross land area may be directed to other uses that are not allowed within the Comprehensive Plan Land Use Designation area, provided that:

      1.   The uses are appropriate with the primary use.

      2.   The uses are intended to serve principally the properties within the PUD and adjacent areas.

      3.   The uses are integrated into the PUD.

      4.   The uses are located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards.

      5.   A minimum of fifty percent (50%) of the primary use development occurs prior to the development of the specially permitted uses.

   D.   Conditional Uses: Proposed land uses that would require a Conditional Use Permit in the table above in Section B, or are proposed per Section C, shall require a notice with the MDP public hearing notice. Such conditional uses proposed within a PUD after its approval, but not included in the MDP, shall require a Conditional Use Permit.

   E.   Commercial And Employment Land Use Areas: PUDs in areas with a Future Land Use Designation of Commercial or Employment in the Comprehensive Plan must not be exclusively residential but shall include non-residential land uses. The mix of residential and non-residential land uses shall be appropriate for the site location and design, as determined by the Commission and Council. Exceptions may be made for qualified infill parcels, particularly in the downtown area as defined in section 18.20.030.B.

      1.   As a guideline, PUDs located in areas designated as Employment in the Comprehensive Plan should reserve at least fifty percent (50%) of the area for industrial land uses, except for PUDs in the downtown area as described in 18.20.030.B.

      2.   New industrial uses are not allowed in PUDs in the downtown area unless they are subordinate to a primary use, such as a bakery, microbrewery, studio, or other business for production of goods or art for sale on site.

      3.   Industrial uses may be permitted in PUDs in other Comprehensive Plan Land Use areas if it can be shown that such development results in more efficient and desirable use of land. (Ord. 825, 2021)

   A.   General Requirements: In the PUD zone the following table of requirements shall apply. See section 18.20.080 for exceptions and incentives regarding residential density, and section 18.20.090 for exceptions to non-residential building height, perimeter setbacks, and parking standards. Different setbacks maybe proposed as part of the MDP. See additional requirements on setbacks and perimeter guidance in Subsection B below.

 

 

   B.   Setback:

      1.   Standard setback requirements listed in Subsection A above or Section 18.08.042 A of this Title shall not apply to structures on the interior of the project, but setbacks shall follow the approved MDP for the site and adopted building codes. The MDP shall also guide front yard setbacks.

      2.   A proposed PUD shall incorporate height, density, landscaping, and/or architectural transition designs along the development’s perimeter to achieve an orderly transition to existing lower density residential development or zoning districts on adjacent properties.

      3.   Industrial development in a PUD adjacent to any residential uses or zoning shall include a landscaped buffer that is at least ten feet (10') wide. The landscaped buffer shall be planted with an evergreen hedge or a dense planting of trees and shrubs. If using a buffer of trees and shrubs it shall include some evergreen species appropriate to the site.

      4.   For the purposes of this section, residential uses across an arterial street from an industrial use shall not be considered adjacent, but shall be considered adjacent if located across a local or collector street.

   C.   Waivers and Adjustments: The Council may grant waivers or adjustments to the requirements for public or private street widths, setbacks or other design standards if such waivers are deemed appropriate for the development after considering surrounding uses and aesthetics. Special consideration may be given for PUDs in infill areas.

      1.   Zoning Standards: The developer may deviate from the height, lot line setback, and lot dimension schedule found in chapters 18.08 and 18.12.

         a.   Deviations shall be listed in full as a part of the PUD application and MDP. Modifications to other zoning and subdivision standards will be determined by the Commission and Council on a case by case basis.

         b.   Residential setbacks shall not be reduced between interior edge of sidewalks and garages to less than twenty feet (20').

      2.   Municipal Standards: The following standards may be modified if requested as part of the PUD approval process and if deemed appropriate by the Council upon advice of the Community Services Director, and other staff as applicable, after considering whether the resulting development would achieve greater consistency with the intent and purpose of this chapter than development that would occur without the modification:

         a.   Any provision in title 16 of this Code pertaining to streets and sidewalks;

         b.   Any provision pertaining to off-street parking and loading except that at least one of the required parking spaces per residential unit shall be located within a reasonable walking distance, except as required to comply with the Americans with Disabilities Act (ADA).

         c.   Other provisions of this Code on a case-by-case basis.

   D.   Building Permits And Architectural Features: When applying for a building permit for structures or signs within a PUD, the applicant shall include a letter or checklist verifying that the structure satisfies the architectural requirements of this chapter and the conditions of approval of the PUD. A similar letter or checklist may be required for the Design Review phase of a development to verify conformance with the approved open space and landscaping conditions of the PUD.

   E.   Water Conservation In Landscaping: In open space, setbacks, and other landscaped areas in PUDs, other than recreation areas and managed natural areas, at least thirty-three percent (33%) of the area shall incorporate and maintain a ground cover other than lawn or turf grasses, and that consumes less water than lawn or turf grasses.

   F.   Utilities: Underground utilities, including telephone and electrical systems, are required within the limits of all PUDs. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the Commission and Council finds that such exemption will not violate the intent or character of the proposed PUD.

   G.   Common Open Space And Pathways In Residential PUDs: The provisions of this section apply to residential PUDs and to the Net Residential Area of mixed use PUDs.

      1.   Minimum Open Space: A minimum of ten percent (10%) of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The common open space shall not have any dimension less than ten feet (10') nor be less than three hundred (300) square feet in area. Required front, side, and rear yard setback areas, and minimum building to building separation, shall not be included in the calculation of the common open space provided.

      2.   Ownership: The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development, or if approved by the Council be dedicated to the public and retained as common open space for parks, recreation, and related uses. The responsibility for the maintenance of all open spaces shall be specified by the developer and approved by the Council before approval of the PUD MDP.

      3.   Design: Diversity in the design and use of common open space, open land, parks, and common areas is encouraged, and approval shall be judged as to its appropriateness based on the following criteria:

         a.   Areas intended for public use shall be freely accessible from streets and/or other common areas that have unrestricted entry. The configuration of such space shall be to accommodate parks, play fields, and play areas as directed by the city.

         b.   Pocket parks, courtyards, and similar common areas for internal use are encouraged within PUDs so as to convey a sense of openness and community within the neighborhood. Pocket parks shall be privately maintained unless approved by the Council.

         c.   Public utility and similar easements or right-of-way for watercourses and other channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or similar purpose. The common open space must be usable ground and not wasteland with no other practical purpose. Consideration may be given to a managed area with a natural setting such as a natural wooded area or a natural sage and grass area. Drainage or storm water retention is permitted in common areas.

      4.   Accessibility: If possible, every property developed under the PUD approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged so that open space is accessible to as many residents of the PUD as possible.

         a.   Open space and trails shall be designed so that a minimum of 75% of all multi-family structures (with three (3) or more residential units per building) and a minimum of fifty percent (50%) of all single family, duplex, and twin home lots shall be adjacent to or have direct access to the open space, pathway, or trail. For the purposes of this section, the term “direct access” means lots or multi-family buildings are located a maximum of two hundred fifty feet (250') away from an off-street trail connecting to a common area open space lot or recreation amenity. The minimum width of internal trails other than sidewalks shall be six (6) feet.

         b.   Building lots separated from a common area open space lot by a local street shall be deemed to have achieved direct access if a pedestrian crossing meeting ADA standards connects the two.

      5.   Trail System Connection Requirements: Exclusive of required sidewalks within or adjacent to a public right-of-way, a public pedestrian or bicycle circulation system is required to connect to existing or planned pedestrian or bicycle routes adjacent to the project. The minimum width of trails connecting to existing or planned pedestrian or bike routes shall be six (6) feet, but greater widths maybe required by the City after considering connections to adopted trail plans and anticipated use.

   H.   Required Amenities In Residential PUDs: Two (2) or more of the following amenities shall be provided as part of each residential PUD or the Net Residential Area of a mixed use PUD, and shall be commensurate with the size and planned population of the development.

      1.   Additional landscaped open space of at least ten percent (10%) of the gross area (twenty percent (20%), total). To qualify as an amenity, the additional open space must meet the same requirements as described in 18.20.070 G.1. above for minimal open space requirements.

      2.   Private active recreational facilities such as playgrounds, picnic areas, basketball or tennis courts, swimming pool, clubhouse, etc., of a size suitable to meet the needs of the development. For the purposes of this section, a recreational facility(ies) that can simultaneously serve approximately eight percent (8%) to ten percent (10%) of the projected PUD population at any given time shall be deemed commensurate with the size and needs of the development.

      3.   Golf courses, but regardless of its size no golf course may contribute more than one-quarter of the common open space required by this section.

      4.   Provision for a neighborhood park or other public open space or improved trailhead, with public access thereto.

      5.   Greenways and waterways that include pedestrian ways, trails, bike paths, and equestrian trails linking residential areas with other open space uses. These maybe constructed on public utility or other easements or canal right-of-way, and may be dedicated to the City or a non-profit entity. Greenways and waterways differ in scale from required trail systems described in subsection B above, and may include natural areas, seating/rest areas or other appropriate facilities.

      6.   Other amenities as may be approved by the Commission and Council on a case-by-case basis. (Ord. 825, 2021; amd. Ord. 845, 2022; Ord. 846 § 7, 2022)

   A.   Residential Uses:

      1.   Residential land uses and housing types are allowed on a range of lot sizes including single household detached and Class 1 production homes, duplexes and twin homes, townhouses, clustered patio homes, zero lot line and z-lot properties, condominiums, 3 and 4-plexes, and apartment buildings, but must comply with densities as described in the City of Chubbuck Comprehensive Plan and this chapter. Accessory dwelling units, live-work units, loft apartments and apartments above or behind commercial space in mixed-use buildings are also allowed but are not included in the density calculation of the PUD.

      2.   Residential PUDs, or Mixed Use PUDs, with more than three (3) acres of Net Residential Area, or forty (40) residential units, shall include a mix of housing types as allowed per Chapter 18.20.060. A, so that no more than seventy-five percent (75%) of units are from any one of the following groups/types:

         a.   Single family detached homes and Class 1 production homes, each with direct street access;

         b.   Duplexes and twin homes, each with direct street access;

         c.   Townhouses and clustered patio homes;

         d.   Zero lot line (detached) homes, and z-lot homes, each with direct street access;

         e.   Three- and four-plex apartments and condominiums; and

         f.   Apartments and condominiums with 5 or more units per structure.

         g.   Accessory dwellings and loft apartments are not included in the categories above for the purposes of this section nor Section 18.20.060.D above.

         h.   Gross vs. Net Residential Areas: For the purposes of calculating density in regards to this chapter, the Gross Area of a PUD shall include all parcels included in the application. Residential Net Area means the Gross Area of a mixed use PUD less all acreage designated for non-residential or mixed uses. Internal streets, driveways, parking, and recreation facilities serving residents of the PUD are included in the Net Residential Area.

   B.   Residential Design Standards And Architectural Form:

      1.   Architectural Features.

         a.   The following features shall be required:

            (1)   Contrasting color schemes and/or textures to create visual depth on all building facades visible to the street, neighboring residential uses, common areas, or public parking areas within the development

            (2)   A minimum of one (1) principal window treatment on every elevation (front, side, or rear) that faces any street (public or private), parking area, or open space area including, but not limited to, pop-outs, decorative wrought iron, wood trim, shutters, plant shelves, and other features or embellishments to vary and soften the visual exteriors.

         b.   In addition to the features required in subsection a. above, a minimum of three (3) of the following shall also be required on all residential structures:

            (1)   Enhanced comers (pop-outs, embellishments, etc.).

            (2)   Deep recessed or rear-loaded garages on single household dwellings, duplexes, twin homes, etc. (Deep recessed or rear-loaded garages shall count as two (2) features for the purposes of this section).

            (3)   Second stories stacked at greater setback than first floor to facilitate a first floor roof feature, especially when located immediately above a garage.

            (4)   Offset garage doors, including garage structures for multi-family developments.

            (5)   Courtyards (pony walls and/or decorative wrought iron may be used for courtyard enclosures), including courtyards for clustered or multi-family developments.

            (6)   Enhanced window fenestration on all remaining front elevation windows, and all second story windows facing a street, parking area, or open space area, using principal window treatments described above in subsection a.(2)

            (7)   Break-up of parking areas in multi-family developments, including the use of enhanced landscaping features. Driveways between separate parking areas shall be provided, unless unusual site shape or other characteristics warrant separate access points and parking areas.

            (8)   Garages or covered parking stalls for at least one of the required parking spaces for each unit in a multi-family development. Detached garages or covered parking structures must complement the residential structure design in color, texture, etc. (Garages or covered parking shall count as two (2) features for the purposes of this section).

      2.   Gated Communities Prohibited: Gated communities are prohibited within the PUD Zone.

      3.   Parking, Garages, and Carports: Garages and carports maybe included in the required amount of off-street parking provided in residential areas. Driveway parking spaces shall be at least ten feet (10') wide and twenty feet (20') deep. Garages must be setback from the interior edge of the sidewalk by at least twenty feet (20') to prevent vehicle overhang.

      4.   Land uses within the PUD will be interconnected through a system of roadways and pathways as appropriate. Clustering of buildings is also encouraged to increase efficiency in land use and in public utility delivery.

      5.   Parking areas in multi-family developments or other shared residential parking areas shall be landscaped per requirements of Title 18.14, with the following enhancements:

         a.   Landscaping strips at least four feet (4') wide shall separate parking areas from buildings. Any sidewalk provided between a building and parking area may be on either side of the landscape strip. Such strips are considered part of the parking area and not open space.

         b.   Planters for trees in parking areas shall be distributed so that all parking stalls are within fifty feet (50') of a tree, measured from corner of stall to tree trunk. Tree and shrub planting areas shall be at least four feet (4') wide and six feet (6') long. Covered parking spaces shall be within sixty feet (60') of a tree. Parking garage spaces are exempt from this requirement, but landscaping is required adjacent to the garage as described in subsection 3.a above.

   C.   Residential Density And Incentives:

      1.   Density per Future Land Use Designation: The base allowable residential density for a PUD is established per the Future Land Use Designation area in the City of Chubbuck Comprehensive Plan as follows:

         a.   Low Density Residential (LDR): 5 units per acre.

         b.   Medium Density Residential (MDR): 8 units per acre.

         c.   High Density Residential (HDR), Mixed Use (MU), Commercial, and Employment: sixteen (16) units per acre.

      2.   Density Incentives: To provide for an incentive for quality PUDs, the Council may authorize an increased density of up to twenty-five percent (25%) of the allowable number of dwelling units or structures, as appropriate, taking into consideration the factors set forth in the following subsections. Character, identity, architecture, and siting variation incorporated into a development shall be considered the standard for all PUDs, such as: exceptional landscaping, streetscapes, and site design; open spaces and plazas, use of native plantings, and pedestrianway treatments, and recreational areas; siting, visual focal points, use of existing physical features, and variation in building setbacks and building grouping (such as clustering); and design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types.

         a.   Public facility site dedications including, but not be limited to, the following: school site, transit facility, park and ride lot, and public facility such as a library, recreation center, police, fire, or emergency medical services station. Lands considered for this purpose must be sufficient in size and scope to accommodate specific public need(s), free of encumbrances, pose no health or safety issues, and serve the public interests as determined by the Council in order to qualify for this designation and the ensuing acceptance. Land dedicated for public use maybe eligible for bonus density opportunity; fifteen percent (15%).

         b.   Workforce/affordable housing, a maximum increase often percent (10%) for those projects providing workforce/affordable housing. Workforce/affordable housing shall be measured against the eligible income limits recognized by SEICAA for Bannock County. The developer shall present recommendations from SEICAA or other findings and examples relative to the housing provided to qualify units as affordable. A general guideline for affordability may include the number of bedrooms relative to the income limits by household size.

            (1)   Affordable units must be dispersed throughout the development, if possible.

            (2)   Up to five percent (5%) for a PUD with four (4) affordable units or two percent (2%) of all units, whichever is greater; or

            (3)   Up to ten percent (10%) for a PUD with eight (8) affordable units or five percent (5%) of all units, whichever is greater.

         c.   Architectural features: Inclusion of at least three (3) of the following components on or affecting all residential structures throughout the development; ten percent (10%):

            (1)   Any of the architectural features suggested in section 18.20.070.B that were not incorporated in the PUD to meet the requirements of that section.

            (2)   Enhanced paving and/or hardscape design features at intersections, courtyards, driveways, etc.

            (3)   Staggered setbacks for adjacent homes, townhouses, etc.

            (4)   The use of green building components such as, but not limited, to the following:

               (a)   Permeable pavement on parking areas or driveways.

               (b)   Renewable energy systems, such as solar panels.

               (c)   Selective window orientation, shading and other treatments with building placement to preserve solar access and/or improve heating/cooling efficiency,

               (d)   Use of landscaping or natural topography, and energy-efficient building layout, for natural windbreaks and shade in clustered or multi-family developments.

         (5)   The proposed architectural features for the PUD shall be included in the MDP application described in 18.20.040.D.

      3.   Flexibility: Any latitude, flexibility or relief provided through a PUD application shall be compensated by the addition of some new amenity, within or outside the development. Such an amenity should provide equal or greater value to the development as a whole. The determination of whether the compensation offered is equal to or greater than the relief provided is left to the discretion of Commission and Council.

   D.   Residential Infill Developments:

      1.   Lots and parcels within the city, or annexing into the city, may be considered for infill PUD status if it meets the following criteria:

         a.   Location:

            (1)   Lie in areas already substantially developed defined as at least sixty percent (60%) of the land area within three hundred (300) feet of the boundaries of the parcel (excluding streets, waterways, etc.); or

            (2)   Lie in the downtown area as described in section 18.20.030.B.

         b.   Services: Sites where municipal services (sewer, water, fire, and police) are already available may qualify for infill development.

         c.   The applicant shall submit with the application verification that the site qualifies as an infill site. This verification may include recent aerial photographs and maps to document the availability to the site of water, sewer, fire flow, and fire protection.

      2.   Developments recognized as infill are allowed a twenty percent (20%) increase in density over the base density per subsection C above. However, the development may be granted increased density per the incentives in subsection C, or per this subsection, but not both.

      3.   Based on the design and proposed amenities, the Commission may recommend, and the Council may approve:

         a.   An additional five percent (5%) increase in the density allowed for the site as an infill incentive; or

         b.   A modification of the amenity requirements set forth in sections 18.20.060.B and 18.20.060.C of this chapter,

         c.   A modification of the setback requirement set forth in Section 18.20.070. A, if keeping in the spirit of the intent of the perimeter transitions described in section 18.20.070.B. (Ord. 825, 2021)

   A.   Non-Residential Design Standards And Architectural Form:

      1.   The MDP of a non-residential or mixed use PUD shall provide for: the integrated and harmonious design of buildings, adequate and properly arranged facilities for internal traffic circulation, a compact grouping in order to economize in the provision of such utility services as are required, and landscaping and such other features and facilities necessary to make the project attractive from adjoining and surrounding residential and public areas.

      2.   Non-residential structures and buildings shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations and maintain collector and arterial street traffic circulation. The uses within the PUD will be interconnected through a system of roadways and pathways as appropriate.

      3.   Parking areas shall be landscaped per requirements of Title 18.14, with the following enhancements:

         a.   Landscaping strips at least four feet (4') wide shall separate parking areas from buildings. Any sidewalk provided between a building and parking area maybe on either side of the landscape strip. Such strips are considered part of the parking area and not the required open space.

         b.   Planters for trees in parking areas shall be distributed so that all uncovered parking stalls are within fifty feet (50') of a tree, measured from corner of stall to tree trunk. Tree and shrub planting areas shall be at least four feet (4') wide and six feet (6') long. Covered parking spaces and parking garage spaces are exempt from this requirement, but landscaping is required in the parking area, and adjacent to the garage as described in subsection 3.a above.

      4.   Industrial uses and parcels shall use landscaping, existing terrain or vegetation, berms, fencing, or a combination thereof as buffers to screen lighting, parking areas, loading areas or docks, and/or outdoor storage of raw materials or products from residential areas, open space, parks, and arterial streets. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce truck traffic in the PUD.

      5.   All intervening spaces between the right of way and project buildings, and intervening spaces between buildings, drives, parking areas, and improved areas shall be landscaped with trees, plantings, and ground cover and properly maintained at all times. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner.

      6.   Non-residential structures shall include at least two similar design elements in all buildings or public areas in the PUD. Elements may include: similar or complementary colors, textures or architectural features; window treatments or canopies; courtyards and/or alcoves; street furniture and public art; or some other features as proposed by the applicant. Accessory structures and secured and screened parking or delivery areas may be exempt from this requirement. Awnings are allowed in a PUD but do not meet the standards of this section.

      7.   Noise-generating fixtures and equipment including but not limited to large-scale HVAC units, loudspeakers, electric and pneumatic tools, and compressors must be reasonably located or screened to limit sound transfer to adjacent residential or recreation areas within or outside the PUD.

      8.   Open Space: A minimum often percent (10%) of the gross land area developed in a non-residential PUD, or non-residential part of a mixed use PUD, shall be landscaped and reserved for common open space.

         a.   The common open space shall not have any dimension less than ten feet (10') nor be less than three hundred (300) square feet in area.

         b.   Any required front, side, or rear yard setback areas, minimum building to building separation, and required parking area landscaping shall not be included in the calculation of the common open space provided.

         c.   Hardscapes such as fountains, courtyards, plazas, and decorative walkways (other than required sidewalks) may be part of the open space.

         d.   Public utility and similar easements or right-of-way for watercourses and other channels are not acceptable for open space dedication unless such land or right-of-way is usable as a trail or similar purpose allowing bicycle and pedestrian access or circulation for employees and customers, as well as residents in mixed use PUDs. The common open space must be usable ground and not wasteland with no other practical purpose. Consideration may be given to a managed area with a natural setting such as a natural wooded area or a natural sage and grass area. Drainage or stormwater retention is permitted in common areas.

   B.   Non-Residential Development Incentives:

      1.   Open Space. The common open space required by this section may be reduced by the Council by twenty-five percent (25%) in non-residential areas if it can be demonstrated that the common open space and parking areas are:

         a.   Landscaped in an exceptional manner which exceeds the minimum planting and placement standards imposed in this code, including but not limited to two or more of the following features or other proposed designs:

            (1)   The use of drought-tolerant landscaping throughout the development;

            (2)   The use of ground covers other than lawn or turf grasses, and that consumes less water than lawn or turf grasses, on at least sixty-seven percent (67%) of the landscaped area, other than recreation areas or managed natural areas;

            (3)   If using stone for ground cover, eliminating the use of gravel, stone, or crushed stone with an average size less than four inches (4");

            (4)   Exceptional design and placement of landscaping materials for visual impact and enhancing pedestrian environments; and/or

         b.   Interconnected with existing or planned bike lanes and pathways per the City Parks Master Plan, or enhanced access to Pocatello Regional Transit fixed route stops.

      2.   Building Height: Building heights shall follow the maximum height limits and perimeter transition guidelines as per section 18.20.060.A.3. Upon meeting the following criteria, allowed building heights may be increased by up to twenty feet (20'):

         a.   The height of buildings may be increased above the district maximum height if they are setback from R-l, R-2, or R-2P zoning districts at the PUD perimeter by at least forty feet (40'). Upper floors of multi-story buildings may use "wedding cake style architecture" to achieve transitions from neighboring parcels and extend above the maximum height; maximum increase ten feet (10').

         b.   Architectural Features: Non-residential structures meeting the following design guidelines may qualify for an increase of up to ten feet (10') above the standard height limit. Qualified buildings or PUDs shall incorporate at least three (3) of the following features:

            (1)   Any of the architectural features listed in section 18.20.070.D.7 that were not incorporated in the PUD to meet the requirements of that section.

            (2)   Enhanced paving and design features at intersections, courtyards, parking areas, driveways, etc.

            (3)   Covered walkways and/or minimum sidewalk widths of eight feet (8') in commercial and civic/institutional areas, bordered by landscaping.

            (4)   The use of green building components, such as but not limited to the following:

               (a)   Permeable pavement in parking areas or driveways/drive aisles.

               (b)   Renewable energy systems, such as solar panels.

               (c)   Selective window orientation, shading and other treatments with building placement to preserve solar access and/or improve heating/cooling efficiency.

               (d)   Use of landscaping or natural topography, and energy-efficient building layout, for natural windbreaks and shade in clustered or mixed use (residential) developments.

         c.   The height of mixed use buildings in the MU, C, or E districts comprising apartments and nonresidential uses may be increased by up to fifteen feet (15').

      3.   Parking Standards and Incentives: Parking requirements in PUDs shall follow the same minimum parking requirements per section 18.08.046, but with the following incentives. Requirements may be reduced for all or part of the development by up to twenty-five percent (25%) under the following criteria:

         a.   Multi-Family and Non-Residential Land Uses. For shared parking between groups of land uses, reductions may be given, with greater reductions granted between uses that have offset peak demand hours per the following table by adding the requirements of the two uses and reducing by up to the following percentages:

            (1)   To receive the incentive for shared parking, the parking area must be common property between the landowners, or a cross easement for access and parking must be recorded with the plat.

            (2)   Applicant may propose a different shared parking reduction, provided a parking study is prepared by a qualified engineer in consultation with Institute of Transportation Engineers parking standards.

            (3)   Parking spaces for anticipated company vehicles may not be included in the shared parking reduction without a parking study as described above in subsection (2).

            (4)   If a parking incentive is desired for more than two uses in the table above, one reduction rate based on the two uses with the highest parking demand (total number of spaces needed) shall be used to calculate the potential incentive.

         b.   In addition to the potential parking requirement modifications described in section 1 above, parking requirements maybe reduced for all or part of the non-residential development as follows:

            (1)   Parking requirements for non-residential PUDs, or parts thereof, in the downtown area:

               (a)   Reductions in requirements described in section 1. above maybe increased by fifty percent (50%).

               (b)   On street parking adjacent to the PUD (street frontages only) may be included in the required parking amount. Public street center parking islands are not included for the purposes of this section.

            (2)   For every five (5) covered bicycle parking spaces provided the required number of vehicle parking spaces may be reduced by one (1) space, up to a maximum reduction of three (3) spaces. Bicycle parking must be ground-mounted, such as wave, U, or bollard styles, or custom/architectural racks. Grid style or low-profile racks will not be considered for a parking reduction.

            (3)   For a permanent bicycle repair station and pump, provided with covered bicycle parking as described above in subsection (2), the required number of vehicle parking spaces may be reduced by one (1) additional space.

            (4)   For each electric vehicle charging station provided the required number of standard parking spaces may be reduced by two (2) spaces, up to a maximum reduction of eight (8) spaces. (Ord. 825, 2021)

   A.   Perimeter Street Fencing: Perimeter landscaping and breaks in fencing are required to prevent the creation of "dead streets" - long stretches of sidewalk between the street and a solid fence or wall greater than fifty (50) feet in length. Fences and walls along streets more than fifty feet (50') long shall have staggered heights, setbacks or materials, landscaped berms, meandering sidewalks, or some combination thereof.

   B.   Landscape And Parking Strips: Landscape strips between sidewalks or streets and fences or walls, and parking strips between sidewalks and streets, shall be landscaped, and shall be maintained by the Home- or Business Owners Association.

      1.   Two (2) trees from the approved street tree list and four (4) shrubs shall be required within the landscape strip for every seventy-five (75) linear feet, or fraction thereof. If the sidewalk is separated from the street by a drainage swale, the required street trees may be planted on either side of the sidewalk. Shrubs shall be planted away from the street.

      2.   Concrete, gravel, crushed rock and stone less than four inches (4") shall not be used as ground cover. Plant or organic material shall be used for at least fifty percent (50%) of the ground cover in landscape and parking strips.

   C.   Fence And Wall Setbacks: To accommodate required landscape strips, fences and walls must be set back from sidewalks at least fifteen feet (15') along local streets and twenty-five feet (25') along collector and arterial streets. A thirty feet (35') wide landscape strip shall also be maintained adjacent to interstate highways.

      1.   If the sidewalk is at least eight feet (8') wide and functions as a multi-use trail alongside a collector, arterial, or interstate, and is separated from the curb or interstate boundary by at least five feet (5') the fence or wall setback may be reduced by ten feet (10').

      2.   If the sidewalk is less than eight feet (8') wide and runs alongside a collector or arterial street, and is separated from the curb by at least five feet (5'), the fence or wall setback maybe reduced by five feet (5').

      3.   Where the landscape strip is encumbered by easements or other restrictions, it shall include a minimum five feet (5') wide area for planting the required shrubs and trees.

   D.   Block Lengths. Blocks shall not exceed three hundred fifty feet (350') in length in residential or mixed use areas, unless greater distances are required by the City's Access Management Guidelines on arterial and collector roads, or where size, shape, or other constraint prevails on the site.

   E.   Entry Monuments:

      1.   Monuments at the PUD or other entrance, including public art, landmarks, or architectural or water features, shall not exceed fifteen feet (15') in height without a Design Review.

      2.   Monuments may include the name, logo, or other identification of the PUD or sub-area. Such signs shall not exceed fifteen percent (15%) of the area of the street face of the monument but no more than twenty (20) square feet. No part of a sign included in a residential area entry monument shall exceed six (6) feet in height.

   F.   Sign Standards: Signs within the PUD shall meet the standards set forth in city code chapter 15.24 and the criteria below:

      1.   The only free-standing signs allowed in the PUD, except for traffic regulation and similar public use signs, are limited to the following: monolith, monument, pylon, and site directional signs.

      2.   Monument signs shall not exceed six (6) feet in height and twelve (12) feet in width, and shall be at least twelve (12) inches thick and wider than their height. The base of the sign shall be a minimum of twelve (12) inches in height.

      3.   Monolith signs shall not exceed twenty-five (25) feet in height, six (6) feet in width, or two (2) feet in depth, and shall be a minimum of three (3) feet wide, twelve (12) inches thick, and at least twelve (12) feet high. The base of the sign shall be a minimum of twelve (12) inches in height.

      4.   Pylon signs shall not exceed twenty-five (25) feet in height or eight (8) feet in width, and shall be a minimum of three (3) feet wide, twelve (12) inches thick, and at least twelve (12) feet high. The decorative material on the sign structure shall cover the entire support structure to the ground or sign base.

      5.   There shall be no more than four (4) tenants advertised on a sign along a street. Additional tenants may be included on internal signs as described in subsection 9, below.

      6.   Standards for Monument, Monolith, and Pylon Signs with Changeable Copy Displays:

         a.   Changeable copy may be incorporated into the sign face, up to a maximum of twenty percent (20%) of the sign area excluding the base, but no more than six (6) square feet. For the purposes of this section, changeable copy includes single-color static digital displays such as for fuel prices or time and temperature, but not full-color displays or electronic reader boards.

         b.   The changeable copy display area shall not exceed six feet (6') in height. Pylon signs may include a digital display panel, but it must not exceed the height limit.

         c.   The light intensity for digital display areas of a sign shall be limited as follows:

 

 

      7.   Separation: Signs along streets in the PUD and on adjacent parcels must be separated by a minimum distance of at least 250' as measured in a straight line, unless separated by a public street or a CUP is issued. The separation of entry monuments that complement or mirror each other on both sides of an entrance is exempt from this requirement.

      8.   Sight triangles established per 18.12.020 shall also be maintained for multi-family and non-residential driveways along collector and arterial streets.

      9.   Interior and parking area signs:

         a.   Directional signs shall not exceed 4 square feet in area nor 3 feet in height. The pedestal or base of the sign shall not be included in the sign area. Freestanding interior signs shall be of a consistent design and height throughout the PUD and complement the design of the buildings on site.

         b.   Monument and Monolith Signs:

            (1)   Non-residential areas in a PUD needing multiple tenant recognition may include an additional sign, monument or monolith only, within a common parking area.

            (2)   An internal monument or monolith sign shall be no more than two-thirds (2/3) the dimensions (square footage) of the development perimeter sign(s) and shall complement or mirror the design of the perimeter sign(s) and/or complement the design of the buildings on site.

            (3)   An internal monument or monolith sign must be located at least seventy-five feet (75') from the perimeter and from other internal monument or monolith signs.

         c.   If the exterior sign is a pylon sign, the interior sign shall be a monument sign, as described in subsections 2 and 9.b. above, with a maximum height of five feet (5') and width often feet (10').

         d.   Drive-through lane signs are allowed, with no more than two for each drive-through lane serving a business establishment. The signs shall be no greater than fifty (50) square feet in area and seven feet (7') in height. They may be mounted on a wall, or on the ground with a solid base or enclosed support structure representing a monument or monolith sign.

         e.   The light intensity for digital display areas of interior signs shall be limited the same as for exterior signs as described in subsection b above.

      10.   Wall signs: Wall and window signs facing the street or parking area shall not exceed fifteen percent (15%) of the area of the building frontage, with a maximum of two hundred and twenty (220) square feet. Wall signs on the sides or rear of a building facing an adjacent street or parking area are also permitted, and shall not exceed ten percent (10%) of the wall surface area, with a maximum of one hundred and sixty (160) square feet. Wall signs shall not exceed the height of the building parapet. Wall signs are not permitted on the side or rear of a building that is not adjacent to a street.

      11.   Prohibited signs: Pole signs other than small directional and address signs described in subsection 9, above, signs with moving, spinning, animated or flashing parts, electronic reader boards, inflated or balloon signs, and roof-mounted signs are prohibited in the PUD zone. Billboards are prohibited throughout the City. (Ord. 825, 2021)