A.   Reflection: This chapter reflects the approved Master Development Plan ("MDP") for the Northside Crossing Creative Community Zoning District as defined by subsection 18.08.010K of this title and in accordance with chapter 18.21 of this title, and as described in this chapter.

   B.   Boundary Legal Description: The following described property is governed by this chapter:

A tract of land located in the Southeast 'A of Section 34 and the West 1/2 of Section 35, Township 5 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described as follows:

Beginning at the Northwest corner of Section 35, being monumented by a railroad spike as described in corner perpetuation filed for record as Instrument No. 20520343 in the official records of Bannock County;

Thence South 89°46'49" East, along the North line of Section 35, a distance of 1485.77 feet to a point on the center of the Hiline Canal.

Thence following along the centerline of the Hiline Canal over the following eight (8) courses:

      1.   South 13°11'58" West a distance of 241.08 feet;

      2.   South 26°17'16" West a distance of 314.45 feet;

      3.   South 18°21'19" West a distance of 318.85 feet;

      4.   South 9°31'31" West a distance of 808.83 feet;

      5.   South 0°35'06" West a distance of 1029.73 feet;

      6.   South 1°13'28" East a distance of 352.00 feet;

      7.   South 8°00'48" East a distance of 396.63 feet;

      8.   South 5°46'10" East a distance of 583.20 feet to a point on the North boundary line of a parcel of land belonging to Randy Merica and Teresa Merica as described in Warranty Deed recorded as Instrument No. 896747 in the official records of Bannock County;

Thence following along the North and West boundary lines of said parcel of land over the following two (2) courses:

      1.   North 89°46'42" West a distance of 1184.49 feet to a point on the West line of said Section 35;

      2.   South 0°14'09" West a distance of 861.18 feet;

Thence North 89°36'44" West a distance of 720.00 feet;

Thence South 0°14'09" West a distance of 432.66 feet;

Thence North 89°36'44" West a distance of 264.32 feet to a point on the East right-of-way line of the Railroad;

Thence North 1°12'43" West, along the railroad right-of-way line, a distance of 1711.74 feet;

Thence South 89°10'48" East a distance of 1027.62 feet to a point on the West line of said Section 35;

Thence North 0°14'09" East, along the said section line, a distance of 914.35 feet to the 1/4 corner common to Section 34 and 35, being monumented by 1/2" rebar with plastic cap as described in corner perpetuation filed for record as Instrument No. 20520348 in the official records of Bannock County;

Thence North 0°14'10" East, continuing along said section line, a distance of 2648.86 feet to the Point of Beginning.

Excepting Therefrom:

A parcel of land belonging to Steven Allen Wilson as described in Warranty Deed recorded as Instrument No. 21404143 in the official records of Bannock County described as follows:

Commencing at the NW corner of Section 35, T 5 S, R 34 EBM:

Thence S 36 degrees 07' E 1450 feet to the P.O.B.

Thence N 01 degrees 26' E 241.0 feet:

Thence S 87 degrees 36' E 220.56 feet (recorded as 210 feet):

Thence S 12 degrees 01' W 259.49 feet (recorded as 259 feet):

Thence N 84 degrees 59' W 173.21 feet (recorded as 174.50 feet):

Thence N 01 degrees 26' E 6.97 feet to the P.O.B.

A Total of 1.14 acres (recorded as 1.04 Acres)

Total Project Area is 136.07 acres, more or less

   C.   Intent And Purpose: The intent and purpose of this zoning district is to further the specific intent of the Creative Community District as set forth in section 18.21.010 of this title. Specifically, the Northside Crossing development goals are as follows:

      1.   Purpose: Northside Crossing at New Day will provide a new opportunity for its residents. Much like the dawn of a new day, our new community will provide residents a new beginning, a new start, and a new life every day of the year. The community builder together with the City has partnered together to create an open and inviting neighborhood to all those who live or visit here. It is the community builder's goal to create a truly walkable neighborhood that is easy and safe to navigate. Through comprehensive site planning this community will incorporate something for everyone. Miles of walking paths will connect dozens of acres of open spaces, parks, and recreational areas. These recreational areas are intended to promote health and wellness along with offering places for gathering. The "Hub" at Town Center will be a place for public events, live entertainment and music, apartment over retail living, and many other creative uses.

      2.   Fulfill The City's Creative Community Public Benefit Objectives: A goal of the developer ("community builder") and the City is that construction of the Northside Crossing MDP, consistent with the MDP approval and this chapter, will fulfill the public benefit objectives outlined in chapter 18.21 of this title.

      3.   Create Employment Opportunities: A goal of the community builder and City is to provide commercial, retail, office, and light industrial opportunities that are well-integrated into the Northside Crossing Zoning District, that promote the creation of jobs and commerce, that are flexible to market conditions and that provide the opportunity for the newly created households and residents to have a place to work and shop. Health and wellness is intended to be the focus in this community. The community builder will also provide mixed-use opportunities to create meaningful village centers that support local business activity and employment opportunities.

      4.   Create A Mix Of Land Uses: A goal of the community builder and City is to develop a mix of uses within the Northside Crossing Zoning District that complements the range of existing and planned uses within the City; respects the character of adjacent neighborhoods; and utilizes existing availability and planned capacity of urban services, access opportunities, and infrastructure systems located in proximity to the district.

      5.   Protect The Environment: A goal of the community builder and City is to create a creative community that seeks to protect the landscape and allow its residents to enjoy the outdoors. Idaho is a beautiful state. People will be moving here for that reason. Solar, as a renewable energy source will be encouraged. Water conservation efforts will be met through smart landscaping and the use of Fort Hall water for irrigation. Recycling and other repurposing receptacles are envisioned to be placed strategically in the community.

      6.   Create A Fiscally-Sound, Economically-Viable Community: A goal of the community builder and City is to create an economically- viable creative community that provides office, retail, light industrial, and other commercial uses; preserves open spaces and integrates open space corridors; provides recreational opportunities, necessary public facilities, and a wide range of residential opportunities. The community builder and City seek to ensure that these elements of the Northside Crossing Zoning District are fiscally sound and sufficient so they can aid in minimizing necessary up-front infrastructure cost and upgrades as well as generate an adequate financial return to justify the risk and cost of local and regional improvements to transportation, water, sewer, and stormwater facilities. Opportunities to create positive fiscal performance that are mutually beneficial to the City and community builder are to be pursued.

      7.   Provide A Range Of House Types And Lifestyles Opportunities: A goal of the community builder and City is to provide within the Northside Crossing Zoning District a range of residential and lifestyle opportunities at urban densities within the City that adequately responds to dynamic market factors over time, is accessible to all economic segments of the population, and contributes to the City targets for accommodating growth under the comprehensive plan.

      8.   Built-In Flexibility: A goal of the community builder and City is to create a community with the flexibility to quickly respond and adapt to new and/or innovative technology, construction methods and materials, land uses, housing types and businesses. Recognizing that the future may include advances in these areas that do not currently exist and that may prove to be fiscally or environmentally beneficial to the community builder and City, the City shall allow flexibility in the use of new and/or innovative technologies, construction methods and materials, land uses, housing types and businesses that meet or exceed the design standards and guidelines throughout the Northside Crossing MDP.

      9.   Sustainability: A goal of the community builder is to integrate low impact development techniques within the Northside Crossing Zoning District in order to create a community that is more livable, walkable, and sustainable for current and future residents. Potential techniques include, but are not limited to, low impact development, recycling, and water conservation.

      10.   Make Development Decisions Predictable, Fair And Cost- Effective: A goal of the City is to provide certainty, predictability and a stream-lined process for the review and approval of phases and neighborhoods that are consistent with and implement this district.

   D.   Relationship To Other Land Use And Development Controls And Codes; Chapter Supersedes Portions Of This Code As Described:

      1.   With the establishment of this zoning district, modifications from this Code are allowed within the CC-NC Zoning District as applicable.

      2.   Where there appears to be a conflict between these standards and any other sections of this Code, the requirements set forth in this zoning district prevail. This district does not prevail over Life Safety Codes. (Ord. 801, 2019)

ASSEMBLY, PLACE OF: The use of land for a meeting place where persons gather together for purposes of attending civic, social, religious functions, recreational events or entertainment performances on a regular or recurring basis including, but not limited to, religious institutions, banquet facilities, funeral homes, theaters, conference centers, stadiums, or indoor or outdoor recreational facilities, but excludes a "cultural facility" as defined by this section. A gathering of less than twenty five (25) persons shall not be considered a place of assembly provided the gathering is accessory and incidental to the principal use.

BED AND BREAKFAST: An owner-occupied residence which has a maximum of three (3) guest units within a single-family dwelling, the owners of which serve breakfast to guests.

COMMON ACCESS EASEMENT CONFIGURATION: An easement created for the purpose of providing vehicular or pedestrian access to a property, such as to allow two (2) or more residences to have access via a singular common private drive or walkway, or easements across common areas where walkways are located to grant access (pedestrians/bicyclists) to properties that front the common area.

COMMUNITY BUILDER: The developer of the Northside Crossing Creative Community who maintains ownership/control during the planning and development stage to ensure that the development is achieved in a unified manner consistent with the approvals and standards within the district. The community builder designation may be amended if the purchaser submits a notarized letter to the Community Services Director stating that he/she has reviewed all documents relating to the approvals and that they agree to comply.

COURTYARD: An unoccupied, open, and unobstructed court that opens onto a street, providing access to two (2) or more single-family detached dwellings occupied and arranged around two (2) or more sides.

CULTURAL FACILITY: A building or site providing for display, performance, or enjoyment of heritage, history, or the arts. This includes but is not limited to museums, art galleries, and libraries by a public, private, or nonprofit facility. This does not include commercially-operated theaters.

DUPLEX: A single building containing two (2) individual dwellings on one parcel. The dwellings may be side by side or up and down (see also definition of twin home).

INDUSTRIAL, HEAVY: Manufacturing or other enterprises with significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process.

INDUSTRIAL, LIGHT: Any operation which assembles, improves, treats, compounds, or packages goods or materials in a manner which does not create a noticeable amount of noise, dust, odor, smoke, glare or vibration outside of the building in which the activity takes place, which does not require outside storage of goods or materials, and which does not generate objectionable amounts of truck traffic.

LAND USE DESIGNATION AREA: A land use category area within the zone with distinct, separate standards established by this chapter and as shown on the master development plan. Land use designation area is not to be interpreted as a strict zoning boundary and may be amended as provided for by this chapter.

LOT, FLAG: A lot that has access to a public or private right-of- way by means of a narrow strip of land.

LOT, IRREGULAR: Irregular lots are defined as non-rectangular, lots with three (3) sides and/or pie-shaped, or lots with more than four (4) sides and require special measurement techniques in order to achieve the purpose of the specific setbacks.

LOT, Z: Parcels with lot lines that are zig-zagged to provide more space between homes for useable side or rear yards, and/or which allow side windows to capture wider views of the outdoors, as opposed to a zero-lot line development wherein houses are commonly lined up next to each other with limited views.

OPEN SPACE: An area within a development designed and intended for the use or enjoyment of all residents of the development or for the use and enjoyment of the public in general.

QUAD-PLEX: A building containing four (4) individual dwellings. Accessory dwelling units are not included in this definition.

SHORT-TERM RENTAL: The rental or lease of any unit or structure or portion for a period of not more than thirty (30) days.

SINGLE-FAMILY DWELLING, DETACHED: A dwelling that is not attached to any other dwelling, excluding accessory dwellings.

SINGLE-FAMILY DWELLINGS, ATTACHED: Dwellings that are individually owned and share a common wall with adjacent dwellings, such as condominiums, townhomes/townhouses, and twin homes.

TRIPLEX: A building containing three (3) individual dwellings. Accessory dwelling units are not included in this definition.

TWIN HOME: A single building containing two (2) individual dwellings on separate parcels, side by side with a common wall between them (see also definition of duplex).

ZERO-LOT LINE DEVELOPMENT: The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a side lot line. (Ord. 801, 2019: Ord. 845 § 15, 2022)

   A.   Uses: The Northside Crossing Zoning District will provide a mixture of uses including: residential, commercial, office, light industrial, retail, educational, civic, and recreational uses such as trails, parks, and open space.

   B.   Maximum And Minimum Number Of Residential Units: A maximum of one thousand four hundred (1,400) residential units are permitted within the zoning district including six hundred fifty (650) single-family units (single-family dwelling, single-family attached including townhomes or duplexes, triplex, or quadplex) and seven hundred fifty (750) multi-family units (structures containing greater than 5 residential units). To meet the overall net residential density requirement of subsection 18.21.020C of this title and the minimum established through the MDP approval process, in no instance shall the district be built out to contain fewer than four hundred (400) residential units. Accessory dwelling units shall not count toward the density calculations of this section. To ensure that the community builder will fulfill the residential density requirements of this district, the Community Services Director shall establish a mechanism by which to track platted lots and to track current densities and may require that future developments contain greater densities than proposed by the community builder. Accessory dwelling units do not count toward the maximum number of dwelling units.

   C.   Maximum Square Feet Of Occupied Floor Area For Non-Residential Uses: There is no restriction on maximum square feet occupied floor area for non- residential uses provided that City utilities and services are adequate to serve the area without negatively impacting the ability to serve other planned or existing areas in or near the City.

   D.   Open Space Minimum Area Requirement: At least eighteen (18) acres of open space are required within the district. Development of the open space areas shall be at least proportional to the development area (e.g., if a plat contains 15 percent of the land area in the district, there shall be built or existing, at least 15 percent of the proposed open space in the district); however, recognizing that market or development patterns may cause a need to deviate from this requirement, a deviation may be granted through the design book approval process. For purposes of this zoning district, open space amenities as approved through the MDP are found on file in the City. (Ord. 801, 2019: Ord. 845 § 15, 2022)

   A.   General Controls: General controls for the zoning district are set forth in the chart below. Specific uses are permitted where indicated in the chart by the letter “P”. Where the letter “C” appears, it denotes a use allowed in the district in question only upon issuance of a conditional use permit as herein provided. An “X” indicates that the use is neither allowed nor conditionally permitted. An “R” indicates a restriction on that use. Because no list can be all encompassing, decisions on uses will be rendered by the Community Services Director with appeal to the Land Use and Development Commission as a business item available to the applicant. In making a determination of use, the Community Services Director shall consider similar uses listed in the chart below, the character of the surrounding neighborhood, and characteristics of the proposed use.

   B.   More Than Five Dwellings: All non-residential uses/projects and residential uses/projects with structures containing more than five (5) dwellings shall be subject to the City's Design Review Committee review and approval.

   C.   Land Use Designation Areas Defined: Within the Northside Crossing Zoning District are land use designation areas with specific uses permitted, conditionally permitted, or prohibited by this section. Whereas land uses may differ between the district and the private covenants, all applications for new or modified uses within the zoning district must be submitted with a recommendation from the reviewing body of homeowners' association. These land use designation areas are part of this chapter and prior to design book and platting, are to be interpreted as not being hard, definite boundaries but are rather, flexible to accommodate needs related to topography and grade, lot layout and plat design, or other elements that may be identified during the platting process. Land use designation areas are as follows:

      1.   Village (V): This land use area is designed for medium to high density mixed use development that includes residential (single- and multi-family), office, commercial, public/semipublic, recreation/open space uses, and certain compatible light industrial uses without a predetermined emphasis on any single use.

      2.   Town (T): This land use area is designed for office, commercial and recreational uses, but also includes residential (single- and multi-family), public/semipublic, open space, and certain compatible light industrial uses.

      3.   Business and research park (BRP): This land use area is designed to accommodate (but not require) a mixture of all uses: residential (single- and multi-family), office, commercial, light industrial, recreational and public/semipublic uses. The principal land use in this category should be office, commercial and light industrial.

   D.   Land Use Chart:

 

(Ord. 801, 2019: Ord. 845 § 15, 2022)

   A.   Lot Size And Width: Lot sizes within the district are dictated by product type, setbacks, and other specific lot standards described in this chapter. An implementing project must meet the density requirements set forth in section 18.35.030 of this chapter, and lots must be of sufficient size to meet dimensional standards of this section for their intended use.

   B.   Setbacks:

      1.   Chart:

 

 

      2.   Setbacks: Setbacks are measured from the outside wall of the foundation of a structure to the property lines in a perpendicular fashion unless otherwise stated herein.

      3.   Irregular Lots: Setbacks for irregular lots as defined shall be as follows:

         a.   Front: Front setbacks shall be measured from the property line that abuts the street from which the lot is addressed or takes primary access.

         b.   Rear: In the case of an irregularly shaped lot, a ten foot (10') line which is within the lot and parallel to and most distant from the front lot line shall be considered the rear lot line. For an alley loaded lot, the setback is measured from the lot line closest from the alley.

         c.   Side: All lot lines, which are not front or rear lot lines, shall be considered side lot lines.

         d.   Pie-Shaped Lots: Setbacks on pie-shaped lots shall be measured at the closest point between the proposed building and the angled lot line, perpendicular to that lot line.

         e.   Cul-De-Sac Lots: Setbacks shall be taken from the nearest proposed foundation corner, and measured perpendicular to the property lines.

         f.   Flag Lots: A flag lot is a lot so shaped that the building area (the "flag") is not adjacent to the street or alley on which the lot fronts, and which includes an access strip (the "pole") connecting the building area to the street or alley. Setbacks shall be applied at the enlarged area of the lot ("flag"), and front (or false front) setbacks shall be a minimum of ten feet (10') and side yard setbacks shall be a minimum of six feet (6'); whereas rear setbacks shall be a minimum of five feet (5').

   C.   Alternative Lot Configurations: In order to promote creative and unique site designs, alternative lot configurations are allowed within the Northside Crossing Zoning District. Alternative lot configurations include, but are not limited to:

      1.   Zero lot line developments.

      2.   "Z" lot configurations.

      3.   Common access easements configurations.

      4.   Courtyard.

   D.   Deviations From Dimensional Standards: The following deviations from dimensional standards may be allowed by the City:

      1.   Front and side yard setbacks set by this chapter for residential structures may be administratively reduced up to a maximum of ten percent (10%) provided that the deviation does not result in a garage with a front yard setback of less than twenty feet (20') from the property line.

   E.   Building Height:

 

 

(Ord. 801, 2019)

   A.   Building Areas To Be Unencumbered: Buildable areas must be unencumbered by setbacks, public easements, and other physical constraints (such as topography or similar features).

   B.   Clustering: Buildings shall be clustered to preserve scenic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment. Clustered areas shall be carefully designed to abut upon common open space or recreational amenities. Commercial developments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of vehicle and bike/pedestrian conflict point locations.

   C.   Like Uses To Face Like Uses: Where possible, "like land uses" shall face "like land uses" or open space, i.e., retail across the street from retail, townhomes from townhomes, etc.

   D.   Fencing Along Sidewalks And Streets Discouraged; Standards For When Used: To facilitate a visually open public realm, unless otherwise required by this chapter, fencing along sidewalks or streets, excluding alley ways, is strongly discouraged. Where such fencing is used however, fencing plans which include heights, materials, and designs, shall be reviewed as part of the design book review process and the City may impose necessary conditions of approval in order to satisfy the intent and purpose of this chapter and section.

   E.   Buffering Of Nonresidential Uses From Residential Uses: Where separation is desirable between uses, landscaped buffers are preferred over fences and walls in order to create a more visually open look. When fences are used between uses or properties within the development, fencing shall be compatible in color, texture, and design in relationship to building materials. Buffering may be required by the Land Use and Development Commission, the City Council, or Design Review Committee between uses deemed incompatible.

   F.   Utilities: Underground utilities, such as telephone, fiber, and electrical systems, are required if included in the development. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the City finds that such exemption will not violate the intent or character of the proposed development. However, the developer shall make efforts to group appurtenances together so as to minimize their distribution.

   G.   Storage Of Recreational Vehicles, Watercraft, Trailers, Campers, Motorhomes, And Other Utility Vehicles To Be Screened: Watercraft, trailers, campers, motor homes and other utility or recreational vehicles shall be stored within completely enclosed, lawfully constructed buildings or within fenced enclosures at least six feet (6') behind the front line and the street side line of the main building on the lot or parcel in a CC Zone, except that said vehicles may be parked temporarily in front or side yards for no longer than twenty four (24) hours.

   H.   Architectural Control Committee Required: The community builder shall provide for, and maintain, an Architectural Control Committee to ensure that the treatment of building mass, materials, and exterior appurtenances create aesthetically pleasing structures and a site that is in character with, and in proportion to, other surrounding buildings, while still providing diversity in design and neighborhood identity. The committee shall review and approve all themes and colors prior to Design Review Committee and building permit application submittals to the City and to significant exterior modifications to ensure compliance with the approved Master Development Plan and Design Book.

   I.   Product Mix: A variety of different residential architectural styles have been approved through the master development plan process. Neighborhoods that have nearly identical homes and streets without variation in product placement and form are not allowed. In order to ensure that the neighborhood is non- repetitive, homes with the same color scheme shall not be built on adjacent lots on the same street or on lots directly or diagonally across the street from one another.

   J.   Corner Lots: Special attention should be paid to corner lots. At least one home plan per neighborhood shall be designed specifically for corner home sites. This home plan is required to include wrap-around architecture to provide visual interest on both the front and corner side yard of the home, and the ability to turn the garage for side entry. An example would be continuing a full-wrap of material accent onto the side facade, adding a wraparound porch, or facing the home on a diagonal towards the intersection. Corner-lot development shall conform to product mix requirements of the previous section.

   K.   Entry Sidewalks: Single-family residences shall have building entry sidewalks that connect directly to a street sidewalk or pathway.

   L.   Ground Level Aesthetics: Buildings shall be designed to relate to grade conditions with a minimum of grading and exposed foundation walls, creating easy pedestrian access from sidewalks, parking areas, etc. Commercial or mixed use buildings shall be designed with contrasting ground floor architectural articulation in order to enhance street activity and walkability. Windows, display windows, doors, and arcades must make up at least fifty percent (50%) of street facing facades on the first story of commercial developments. Window shapes and sizes shall be so designed to be compatible from building to building. Tinted windows or windows with reflective film or glass are discouraged at street level.

   M.   Access: All lots developed for residential purposes shall have frontage along a public roadway, or be rear-loaded with alley access, or front upon a "green court". All retail, civic, and office buildings shall front onto streets. (Ord. 801, 2019)

The standards for parking facilities are intended to promote vehicular and pedestrian safety and efficient land use. Parking lot landscaping standards are provided in section 18.35.090 of this chapter.

   A.   Minimum Parking Requirements:

      1.   Residential uses or structures shall provide off-street parking spaces pursuant to the chart below; guest parking for residential uses and non-resident parking for mixed-use, live work uses and home occupations is included within those required spaces. Additional guest parking may be provided on-street. For mixed use projects, the residential use portion of the structure shall satisfy the requirements of the chart below:

 

 

      2.   Non-residential uses: Off-street parking shall be provided to meet the demand of the proposed land use. The applicant shall calculate this demand based on accepted standards, such as published in the Institute of Transportation Engineer's Parking Generation Reports. Mixed-use projects shall provide parking according to a shared parking analysis that projects parking needs based on the peak hour of parking demand. For example, a building with first-floor retail and office space and upper-floor residential will be able to adjust total parking demand to address the fact that peak residential parking demand will occur in the evening, while peak office parking demand will occur during the day. This analysis shall be based on accepted methodologies, such as the Urban Land Institute Shared Parking Study.

   B.   Parking Dimensions: Parking dimensions shall meet or exceed the following standards:

      1.   Spaces:

         a.   Standard space: 9.5 feet x 18 feet, with a two foot (2') overhang permitted into non-pedestrian areas.

         b.   Compact space: 8.5 feet x 16 feet, with a two foot (2') overhang permitted into non-pedestrian areas; up to sixty five percent (65%) of total spaces may be compact.

         c.   Motorcycle space: 4.5 feet x 12 feet.

         d.   Parallel parking space: 24 feet x 7 feet.

      2.   Location Of Parking: For single-family detached dwelling on a fee simple lot, the parking must be provided on the lot it serves. For all other uses, the parking shall be provided within five hundred feet (500') of the use.

      3.   Aisle Widths: Drive aisle width for parking lots with perpendicular parking is twenty four feet (24') minimum, and for angled parking the width is twenty feet (20') minimum for two-way traffic.

   C.   Motorcycle And Bicycle Parking: Motorcycle and bicycle parking shall meet the following standards:

      1.   All multi-family developments and non-residential uses may provide one motorcycle space for every twenty five (25) required automobile parking spaces in lieu of a required automobile space.

      2.   All uses with twenty five (25) or more required parking spaces shall provide a designated bicycle parking area to accommodate a minimum of five (5) bicycles. Such bicycle parking shall provide a secure facility to which to lock bicycles and shall be located so as to be reasonably convenient to the on-site use and not interfere with pedestrian or automobile traffic. The City may require additional bicycle parking for facilities with high expected bicycle traffic, such as schools. (Ord. 801, 2019)

   A.   Sign Standards Applicability: All phases and neighborhoods within the Northside Crossing Zoning District shall be subject to the definitions, standards, requirements and processes found within this chapter and the standards found within the Master Development Plan and Design Book with the following standards:

      1.   Shopping center identification signs shall be designed with similar materials and architectural character as the buildings within the shopping center so as to provide a cohesive appearance.

      2.   A master sign plan that provides for consistent color, placement, materials and design of all signs within the shopping center shall be submitted and approved together with the application for the shopping center identification sign.

      3.   Water features, masonry, and/or landscaping should be incorporated into the design to create visual interest.

      4.   Signs may be indirectly lit or have internally illuminated channel letters. Internally illuminated plastic, or other similar material, faced box signs are not allowed.

      5.   Maximum height of shopping center identification sign is thirty feet (30') including its base, measured from the adjacent ground level. Signs of heights greater than thirty feet (30') may be conditionally permitted by the City after considering the recommendation of the community builder, homeowners' association, and/or Architectural Control Committee and after considering the criteria for conditional use permits in this title.

   B.   Neighborhood Identification Signs: Signs identifying each neighborhood within the MDP shall be installed at the beginning and end of each neighborhood. (Ord. 801, 2019)

   A.   Applicability: The provisions of this section establish the landscape standards for the Northside Crossing Zoning District, and shall apply to all phases and neighborhoods within the district except for detached single family residences, accessory dwelling units, attached residential dwellings in buildings up to and including four (4) units, home occupations, temporary uses, accessory uses, and clearing and grading associated with these uses. All phases and neighborhoods, including those excepted above, are still subject to review by the Design Review Committee.

   B.   Review Process:

      1.   A landscape plan designed or approved by either a landscape architect licensed in the State of Idaho or Idaho State Master Gardener shall be submitted to the Design Review Committee for review and approval.

      2.   The landscaping plans shall contain generally accepted specifications and direction for planting and maintenance such as, but not limited to, tree and shrub planting, staking, and soil preparation.

   C.   Landscape Design: Landscape design shall be consistent with the approved master development plan/design book and guidelines of this chapter, and be appropriate to the intended use of the site or building.

   D.   Landscape Materials: New landscape materials shall include species native to the area or non-invasive naturalized species that have adapted to those climate conditions in the following amounts: seventy five percent (75%) groundcovers and shrubs, fifty percent (50%) trees. Sixty percent (60%) of plant materials must be drought tolerant. In addition, landscaping may include water features, rock, wood, walls, fences and other similar decorative materials and artistic features. Playfields, playgrounds, and other similar uses are exempt from the materials requirement.

   E.   Right-Of-Way And Associated Landscape Tracts:

      1.   One street tree per each thirty (30) lineal feet of street frontage is required on all streets. In addition, trees can be staggered, and/or planted in drifts or groves so long as the total number of required trees is provided. Street trees must be a minimum caliper of one and one-half inches (1.5") diameter at breast height.

      2.   Medians and planter strips shall be planted with landscape materials per subsection D of this section. Trees, shrubs and groundcovers may be planted in drifts, or as appropriate for stormwater quality/low impact development.

      3.   Landscaping within planter strips adjacent to parking spaces must include a low growing plant palette with a variety of textures, such as, but not limited to, low grasses, groundcovers and perennials.

      4.   Portions of park strips may be paved to accommodate street furniture, leaving appropriately sized tree wells for street trees.

   F.   Parking Lot Landscaping: The purpose of parking lot landscaping is to soften the visual appearance, soften views of parking lots, add shade and reinforce safe pedestrian access to buildings and connecting sidewalks. Parking lots with twelve (12) or more stalls shall include:

      1.   One tree for every ten (10) stalls located in islands or perimeter landscaping;

      2.   Total of all interior landscaped areas shall be at least ten percent (10%) of the total parking area (including parking, maneuvering, and loading areas);

      3.   All landscape areas must be planted with landscape materials per subsection D of this section, except where pedestrian access is provided. Landscaping adjacent to parking spaces must include a low growing plant palette with a variety of textures, such as, but not limited to, low grasses, groundcovers and perennials;

      4.   Minimum width of all landscape areas is four feet (4'). A reduction in width of up to two feet (2') may be allowed for interior landscape areas (not adjacent to right-of-way) provided the total required area is provided; and

      5.   A minimum six foot (6') wide perimeter of landscaping is required adjacent to rights-of-way, except where vehicular ingress and egress is proposed. The perimeter landscaping may include decorative walls, solid fences or vegetation to obscure views of parking areas provided that any of the aforementioned screening treatments are limited to a maximum height of four feet (4').

   G.   Maintenance: To the extent necessary to remain, all landscaping shall be watered, weeded, pruned, freed of pests, and replaced as necessary. (Ord. 801, 2019)

   A.   Purpose: The purpose of this section is to establish standards for the design, configuration and performance of all public and private streets within the Northside Crossing Zoning District in order to:

      1.   Ensure adequate access and connectivity throughout the project site;

      2.   Allow for flexibility in the design and location of streets; and

      3.   Establish a streetscape and street design that helps to define the character and image of the Northside Crossing Zoning District.

   B.   Applicability: This section is applicable to all streets, alleys, private drives and other vehicular accessways proposed within the zoning district. Specific land uses, site conditions, visibility limitations and critical areas may result in variations to the street types as permitted in this section. Standards not defined in this section will be governed by the typical City of Chubbuck standards.

   C.   Street Types: Exhibit "E" of the approved Master Development Plan shows the approximate location of streets classified as arterials, collectors and neighborhood streets. All other streets and access will be neighborhood streets, private roads, shared drives, auto/pedestrian shared drives or alleys and will be designed and located by the applicant during the platting and/or development process associated with each parcel. These phases and neighborhoods shall be designed to foster the development of a street grid system throughout the project site.

   D.   Off-Site Connections Required: The Northside Crossing development shall stub streets to the boundaries of abutting off- site property as generally shown in the approved master development plan; the connection points on the approved MDP Circulation Map are approximate. The actual design and location of connection points will be determined at the preliminary plat stage of each phase by the community builder and City using a collaborative process.

   E.   Review Criteria For Deviations: The requirements of this section may be modified through a deviation request for cause during the design book and preliminary platting phase. Street sections may be modified to best fit the character of the proposed neighborhood and respond to natural site features. Modifications to street sections related to on-street parking, bicycle lanes, planter strips and/or sidewalks must meet the following guidelines as applicable:

      1.   On-street parking is required to the extent necessary to satisfy guest parking requirement.

      2.   Bicycle lanes are only required to be included in street sections that are classified higher than a neighborhood street. Bicycle lanes may be eliminated if an adequate off-street trail facility is provided as a replacement.

      3.   A sidewalk may be eliminated if a separated trail section is provided as a replacement. For example, where a paved multi-use trail is provided along the road (it may be separated), the sidewalk may be eliminated on one or both sides.

   F.   Street Sections: As authorized by the master development plan approval, street sections for all street types within the district shall be followed. These street sections are typical and may vary subject to approval by the Public Works Director to accommodate specific site and design conditions. Street sections may incorporate cross-slopes, crowns, inverts, and/or super elevation to accommodate low impact development or other design features.

   G.   Tyhee Road: The design of Tyhee Road, as proposed to realign through the district, will extend from the Union Pacific Railroad to Hiline Road and will be designed to create an intersection with its extension being built by the community builder of the Creative Community-Harvest Springs developer. The community builder may dedicate and plan a one hundred foot (100') wide right-of-way to be dedicated since the right-of-way will contain a separated multi-use path and five (5) lanes. (Ord. 801, 2019)

   A.   Parks: The community builder is responsible for the design and construction of the parks. The actual location and boundaries of parks may vary but will be defined through the platting stage.

   B.   Sensitive Areas And Buffers: Sensitive areas and buffers are the steep slopes (slopes above 35 percent grade), lowlands, and dry-stream beds. An effort shall be made to preserve and protect and, in many cases, leave natural, sensitive areas and buffers. Trails, crossings, encroachments, and improvements may be allowed within sensitive areas consistent with a low impact development effort. These areas may be dedicated to the City as open space at the time of phase platting.

   C.   Non-Sensitive Open Space: Open space outside of sensitive areas and buffers includes, but is not limited to, the plaza, community parks, trails, neighborhood and pocket parks, natural areas and stormwater ponds and infiltration facilities. Additional parks may be provided as individual phases are developed.

   D.   Stormwater Ponds And Facilities: Stormwater ponds and facilities shall be designed as either passive or active open space when practical. Passive open space facilities consisting of stormwater ponds shall be designed to appear as a natural wetland or pond. Vegetation shall consist of no less than seventy percent (70%) native plant material typically found in and around Bannock County. Any fencing required shall be designed and located such that it does not detract from the natural character of the facility. If natural landscaping is intended to provide a long- term barrier to human intrusion, temporary fencing may be permitted until such time as the landscaping has matured to the point of providing the barrier.

   E.   Trail Plan: The community builder is responsible for the design and construction of the trails shown on the plan with approval by the City. The actual location of trails may vary and will be defined through the platting process. Necessary trail construction will be completed within the boundaries of each phase as constructed. Where feasible, trail construction should avoid dead ends and incomplete segments.

   F.   Trail Standards: Trails will be built to the standards as described in subsection 18.21.050A3 of this title. The following amenities may be included within trail corridors subject to mutual agreement between the community builder and the City: rest stops, sculpture and other art, pedestrian lighting, exercise stations, picnic tables, interpretive areas, pocket parks/tot lots, drinking fountains, restrooms, and covered sheds, and other similar amenities.

   G.   Park, Open Space, And Deviations From Plan: All park, recreation facility, open space and trail standards, cross sections and locations are general documents and may be modified through the deviation process established by section 18.35.120 of this chapter. (Ord. 801, 2019)

   A.   Purpose: The purpose of this section is to provide a process and criteria to interpret, modify and/or amend the standards, processes, conditions, or provisions contained within the MDP approval as codified in this chapter and in agreements with the community builder. In addition, recognizing that not all potential issues can be anticipated over the life of this development, it is the intent of this chapter to allow for flexibility so that Northside Crossing Zoning District can adapt to new information, changes in the market, and technological advances over time.

   B.   Interpretations: Any dispute over the meaning of this chapter shall be resolved first by an interpretation from the Community Services Director. The Community Services Director shall issue a written interpretation within ten (10) business days of receiving a written request for clarification. The City Community Services Director’s interpretation may be appealed to the City Council. The City Council shall hold a meeting on the interpretation appeal at the next available regular meeting following the date upon which the request for an appeal to the City Council is delivered to the Community Services Director. At the appeal, both the Community Services Director and appellant shall be entitled to voice testimony to the Council for consideration. The community builder or community builder transferee shall exhaust its remedies as set forth herein prior to exercising other remedies.

   C.   Appeal Of Administrative Decisions To City Council: Final administrative decisions of this chapter may be appealed to the City Council.

   D.   Deviations From The Master Development Plan Approval: An amendment to the Northside Crossing Master Development Plan as approved may be requested by the community builder or community builder transferee. Minor deviations meeting the criteria as described below may be approved administratively by the Community Services Director; major deviations not meeting the criteria for a minor deviation shall require the same review and approval process as a Zoning Ordinance amendment as outlined in Idaho Code 67-6511.

   E.   Minor Deviation: A deviation to the approved master development plan shall be considered minor if the change satisfies all of the following criteria:

      1.   The deviation will not increase the total number of dwelling units in the development above the maximum number set forth in the approved master development plan, or reduce the minimum number by more than fifteen percent (15%);

      2.   The deviation will not increase the total floor area of nonresidential uses by more than ten percent (10%);

      3.   The deviation will not decrease the minimum, or increase the maximum density for residential areas of the development beyond approved density ranges approved;

      4.   The deviation will not decrease the approved amount of open space or recreation space;

      5.   The deviation will not increase any adverse environmental impact, provided that additional environmental review may be required to determine whether such change is likely to occur;

      6.   The deviation will not adversely impact the project’s fiscal projections to the detriment of the City;

      7.   The deviation will not significantly impact the overall design of the approved master development plan;

      8.   The deviation will not significantly alter the size or location of any designated open space resulting in a lowered level of service; and

      9.   The requested amendment is a land use category change that does not increase the land use category of a development parcel immediately adjacent to the perimeter of the project site.

   F.   Project And Improvement Phasing: The concept master phasing plan approved through the Master Development Plan approval process is intended to be a general guide and to reflect current conditions. It is not the intent of the City to restrict other phasing opportunities which correspond to changes in market conditions and technological advances nor to restrict infrastructure and timing of the development which may differ from the approved concept.

   G.   Responsibility Of The Community Builder To Ensure Compliance With This Chapter: The community builder shall designate through its controlling community documents, a Community Review Board who, prior to any applications being accepted by the City for review and approval, shall perform a review of the petition materials to ensure that the requirements and intent and purpose of this zone are upheld and shall then provide a letter to the City to accompany the application stating their findings and providing a recommendation. The City will not enforce standards of the development contained within the development’s internal codes, covenants, and restrictions or other related controlling documents.

   H.   Deviations From Standards Of This Chapter: In instances where the community builder or interested party seeks a deviation from the City from regular standards of this Code as may be authorized in this chapter (e.g., height, building and parking lot layouts, fencing and screening, etc.), and in addition to any of the criteria related to the subject matter, the City shall consider the following in making a decision:

      1.   Findings and recommendation of the community builder, homeowners’ association, and/or the Architectural Control Committee.

      2.   Whether the proposed deviation would conflict with the stated intent and purposes of this chapter and the adopted master development plan and design book. (Ord. 801, 2019: Ord. 845 § 15, 2022)