1. Purpose: The purpose of the PUD zoning district is to accommodate new and imaginative concepts in urban design and land development to promote and improve the health, safety, and general welfare of the citizens in ways consistent with the City's adopted Comprehensive Plan. The principal use of this district is to promote innovative design that incorporates public amenities that provide significant benefits to Boise residents and that would not be required under other portions of this Code or other adopted City regulations. The PUD zoning district is not intended to allow deviations from the standards and requirements of this Code that are not accompanied by significant additional amenities or as a substitute for obtaining Variances pursuant to Section 11-05-05.3.L. Areas rezoned to the PUD district shall be subject to a Development Plan or Development Agreement that shall be approved by City Council at the same time as the rezoning to PUD.
2. Eligibility Criteria: An application for rezoning to a PUD zoning district shall not be accepted by the City unless it complies with all of the provisions of this Subsection 2.
A. Minimum Size of Planned Development: Each PUD application shall include a contiguous area of land at least five acres in size, all of which is under single ownership or control.
B. Mandatory Eligibility Requirements: Each PUD application shall include all of the following elements, each of which shall include a higher level of performance than otherwise required by this Code or other adopted City or governmental regulations, as determined by the Planning Director. If the PUD application does not contain the specific use type addressed by any individual eligibility requirement, the application is not required to comply with that requirement.
(1) Pedestrian and Non-motorized Travel: Enhanced opportunities for non-motorized travel, measured as the sum of the length of all designated public pedestrian and bicycle trails, paths, sidewalks, and walkways.
(2) Parks And Trails: Enhanced access to public or private parks and trails and enhanced landscaping and appearance of public or private parks and trails.
(3) Housing Types: Commitment to include at least three distinct types of housing as listed in Table 11-03.1: Table of Allowed Uses or as determined to be distinct housing types by the Planning Director, each of which shall be occupy at least 10 percent of the residential development land or include at least 10 percent of the residential units included in the application, at the applicant's option.
(4) Ground Floor Activation: If the proposal includes residential development, commitments that 60 percent of the ground floor areas of buildings along collector and arterial streets will be designed for and occupied by uses that are in active use by occupants or users of the building or development or by the general public and will incorporate building designs that help activate street frontages to encourage pedestrian use. This requirement is not met by ground floor parking areas, storage areas, utility facilities, or stairwells that are not accessible from the street frontage.
(5) Building Design: Enhanced building design through compliance with more of the Citywide or Downtown Design Standards and Guidelines (as applicable) or performance of such design standards and guidelines at a higher level of quality or visual interest, as determined by the Planning Director.
(6) Utility Services and Green Infrastructure: Enhanced protection of, or enhanced quality of service from, water, sewer, stormwater, electric, gas, and telecommunications systems.
C. Additional Eligibility Requirements: Each PUD application shall include two of the following three elements, to be selected by the applicant, each of which shall include a higher level of performance than otherwise required by this Code or other adopted City or governmental regulations, as determined by the Planning Director:
(1) Natural Systems: Commitments to permanently protect and manage natural systems and resources on a larger percentage of the project site than otherwise required by this Code.
(2) Housing Affordability: Commitments to deed restrict for a period of at least 20 years at least 10 percent of residential units to households earning not more than 60 percent of the Area Median Income for the Boise area if the dwelling unit(s) is a rental unit or 15 percent of residential units affordable to households earning no more than 120 percent of the Area Median Income if the dwelling unit(s) is a for-sale property.
(3) Sustainable Building Design: Commitments that the project will include conformance with sustainable building practices including Silver Certification by the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system or the adopted City of Boise Green Building Code.
3. Identification of Base Districts from Which Flexibility is Requested: Each PUD application shall identify which base zoning district established in this Code shall apply in each area of the PUD unless varied by the terms of the Development Plan and Development Agreement.
4. Areas of Flexibility Permitted: Each PUD application may request only the following types of adjustments from base zoning district standards:
A. Minimum lot sizes;
B. Increased residential development density;
C. Increased nonresidential development intensity;
D. Reduced or reorganized internal building setbacks; and
E. Additional types of housing. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)