A. Application Of Standards And Criteria: The standards and criteria set forth in this chapter shall apply to review of all PUD permit applications. The standards and criteria shall be used to review and evaluate the proposed PUD in comparison to the manner of development and effects of permitted uses and standard development allowed on the property in question. Modification or waiver from certain standard zoning and subdivision requirements may be permitted pursuant to subsection 10-24-3C1d of this chapter. In order for a PUD permit application to be approved, the Council shall make a positive finding that each of the following evaluation standards and criteria have been met. The evaluation standards and criteria are as follows:
1. The tract or parcel of land proposed for PUD development shall be at least one acre in size and be under one ownership or the subject of an application filed jointly by the owners of all the property included therein. All land within the development shall be contiguous except for intervening waterways. Parcels that are not contiguous due to intervening streets are discouraged. However, under appropriate circumstances, commission and the Council may consider lands that include intervening streets on a case by case basis;
2. That the proposed PUD will not be detrimental to the present and permitted uses of surrounding areas;
3. That the proposed PUD will have a beneficial effect not normally achieved by standard subdivision development;
4. The PUD shall be in harmony with the surrounding area;
5. Densities and uses may be transferred between zoning districts within a PUD as permitted under this chapter, provided the residential development density of units and the total aggregate gross floor area of uses shall be no greater than that allowed in the zoning district or districts in which the development is located. Notwithstanding the above, the Council may grant additional density bonus above the aggregate overall allowable density pursuant to subsection B of this section or permit certain limited uses not otherwise permitted pursuant to subsection C of this section;
6. That the proposed vehicular and non-motorized transportation system:
a. Is adequate to carry anticipated traffic consistent with existing and future development of surrounding properties.
b. Will not generate vehicular traffic to cause undue congestion of the public street network within or outside the PUD.
c. Is designed to provide automotive and pedestrian safety and convenience, and connectivity with existing streets, bike paths and other public pathways.
d. Is designed to provide adequate snow removal and storage.
e. Is designed so that traffic ingress and egress will have minimum impact on adjacent residential uses except where connecting to existing streets is determined by the Council to be appropriate. This includes design of roadways and access to connect to arterial streets wherever possible, and design of ingress, egress and parking areas to have the least impact on surrounding uses.
f. Includes the use of landscape buffers or other physical separations to buffer vehicular movement and parking areas from adjacent uses or significant public view corridors.
g. Is designed so that roads are placed so that disturbance of natural features and existing vegetation is minimized.
h. Includes bikepaths, trails and sidewalks that create an internal circulation system and connect to surrounding bikepaths, trails and walkways.
i. In each case where a PUD is located adjacent to public lands, public easements to those lands shall be provided;
7. That the development plan promotes the purposes and goals of the Bellevue Comprehensive Plan, this title, and other applicable ordinances of the City;
8. That the development plan preserves the site's significant natural resources;
9. Substantial buffer planting strips or other barriers are provided where no natural buffers exist;
10. Adequate useable open space shall be provided for the PUD. The following minimum requirements shall apply to usable open space:
a. Not less than ten percent (10%) of the total net land area shall be usable open space in a configuration useable and convenient to the residents of the PUD and the public.
b. The applicant shall dedicate the useable open space and improvements to the homeowners or to the City or other appropriate public entity as determined appropriate by the Council.
c. Provision shall be made for adequate and continuing management and funding of all useable open spaces and all common facilities to ensure proper operation and maintenance;
11. Location of buildings, parking areas and common areas shall seek to provide adequate privacy within the PUD and in relationship to adjacent properties and reasonably protect solar access to adjacent properties;
12. In addition to the useable open space set forth in subsection A10 of this section, adequate public and private recreational facilities shall be provided. The public active recreational uses shall be in accordance with the City's Comprehensive Plan and its Park Master Plan. Only twenty five percent (25%) of required active recreational uses may be located within an avalanche area. Provision of adequate on-site recreational facilities may not be required if it is found that the project is of insufficient size or density to warrant same and the occupant's needs for recreational facilities will be adequately provided by payment of a recreation fee in lieu of such facilities to the City for development of additional active park facilities;
13. There is an adequate project center or building of sufficient size to provide for offices for homeowner administrative functions and meetings, and for weddings, reunions and other special events for the residents of the project. If the Common Council determines that the PUD is of insufficient size to create the demand for such a facility, the Common Council may waive this requirement;
14. There shall be special development objectives and special characteristics or physical conditions of the site that justify the granting of the PUD permit;
15. That public services, facilities and utilities are adequate to serve the proposed PUD and anticipated development within the appropriate service areas;
16. That the PUD will be adequately served by essential public services and facilities, such as police, fire, schools, water and sewer, transportation and recreation without substantial costs to the public;
17. All utilities, including telephone and electrical systems, shall be installed underground;
18. The proposed development can be completed within one year of the date of approval or in the case of a phased development that each phase contains all the necessary elements and improvements to exist independently from proposed future phases of the PUD and a Phasing Agreement has been entered between the applicant and the Council;
19. That the application complies with each of the standards of evaluation and approval for a conditional use permit under chapter 15 of this title;
20. That the project complies with all applicable ordinances, rules and regulations of the City of Bellevue, Idaho, including but not limited to this title and the Bellevue subdivision ordinance, except as modified or waived as permitted under this chapter;
21. Prior to and as a condition of issuance of a building permit for each single family home constructed within the project, the application shall be reviewed by the City Planning and Zoning Administrator, Building Official and Chairman of the Planning and Zoning Commission, which three (3) member group is herein referred to as the "PUD Design Review Conformance Committee" ("DRCC"). The DRCC shall review all building permit applications and approve or deny same based upon the standard of: do the plans conform to the General Constructions Standards and the PUD permit. All decisions of the DRCC shall be in writing. A decision of the DRCC is subject to appeals in the manner and within the time limits as set forth in subsection 10-24-5N of this chapter;
22. The project is designed to reflect traditional neighborhood interaction and values, and to be connected to and integrated with the community.
B. Density Bonus: An application that meets all of the requirements of subsection A of this section, may be granted the following maximum increases in residential development density as the Council deems appropriate based upon the specifics of the project:
1. Ten percent (10%) if a recreational resource such as tennis courts, ball fields, swimming pool or gymnasium (including land, improvements, regulation of prices, and provision for appropriate long-term funding) are dedicated to the City or made available to the general public under an agreement accepted by the Council;
2. Five percent (5%) for incorporation of alternative energy, energy saving design, construction and materials;
3. Ten percent (10%) for public transportation facilities or other public buildings provided to the City by the applicant;
4. Five percent (5%) for the restoration or improvement of natural resources, particularly streams and wetlands; and/or
5. Ten percent (10%) for provision of community housing above that which is then required.
C. Additional Uses May Be Allowed: In addition to the permitted uses allowed by this title within the PUD, up to ten percent (10%) of the net land area may be directed to other commercial, industrial, and public uses that are not allowed within the zoning district upon the Council finding each of the following:
1. That the uses are appropriate with the permitted and primary uses within the PUD and nearby properties;
2. That the uses are intended to serve principally the residents of the PUD;
3. That the uses are planned as an integral part of the PUD and appropriately phased during the build out of the PUD;
4. That the uses are located and designed as to provide direct access to a collector or arterial street without creating congestion or traffic hazards; and
5. That the uses are not detrimental to the nearby properties, the existing non-residential zoning districts with the City or existing economic base of the City. (Ord. 2006-15, 8-10-2006)