Approval of a development plan by the Zoning Commission shall include, but is not limited to, the following performance standards and requirements, which may be in addition to and may vary from the minimum standards of this title:
A. Common Open Space: At least ten percent (10%) of the gross land area of a residential PUD shall be reserved as common open space, exclusive of streets, parking areas, and utility easements and other improvements which would detract from the function of the "common open space", as defined below. The required common open space must fall into one or more of the following categories:
1. Wildlife habitat or wildlife corridors, as identified by the Idaho department of fish and game or U.S. fish and wildlife service. These areas might be stream corridors, waterways subject to artificial high water marks, as defined, which shall not exceed fifty percent (50%) of the total required common open space, waterways, wetlands, grasslands, stands of mature timber, areas with snags, wintering areas, nesting and roosting sites, waterfront areas and travel corridors between habitat blocks and sources of food and water.
2. Areas with native vegetation, including native grassland, unique vegetative communities as identified by the Idaho conservation data center.
3. Recreational areas, including trails, sports courts and wildlife viewing areas, and other similar recreational uses.
4. Historic or culturally significant areas as determined by the Idaho state historical society.
5. Areas within a scenic byway.
6. Actively managed pasture, farm or timbered land in the A/F and rural districts. Accessory agricultural structures are allowed within the common open space.
B. Owners' Association: A PUD shall include a homeowners' association and/or corporate ownership, which shall be responsible for the development, use and permanent maintenance of all common activities and facilities.
C. Covenants, Articles Of Incorporation: Articles of incorporation for the homeowners' association or corporate entity governing the PUD shall be recorded with the final plat of any PUD subdivision or final development plans. The covenants, conditions and restrictions shall be sufficient to enforce development requirements and responsibilities of the homeowners' association and/or ownership.
D. Development Density: The unit density of a PUD containing residential uses (dwelling units/acre) shall not exceed the density of the zone district in which it is located, except for density bonuses as provided in the following tables:
DENSITY BONUS FOR COMMON OPEN SPACE
(Numbers in parentheses refer to additional standards located below the table.)
Amount Of Common Open Space (Percent Of Site) (2) | Maximum Percentage Increase In Approved Building Lots (1) | |
A/F-10, R-5 (3) | A/F-20 And R-10 Districts S, AV, C, REC And RSC Districts (4) | |
Amount Of Common Open Space (Percent Of Site) (2) | Maximum Percentage Increase In Approved Building Lots (1) | |
A/F-10, R-5 (3) | A/F-20 And R-10 Districts S, AV, C, REC And RSC Districts (4) | |
10 percent - 19 percent | 0 percent | 0 percent |
20 percent - 29 percent | 10 percent | Bonus percentage increase equal to percentage of common open space. |
30 percent - 39 percent | 20 percent | |
40 percent - 49 percent | 30 percent | |
50 percent - 79 percent | 40 percent | |
80 percent or more | 50 percent | |
Standards:
1. To qualify for the full bonus percentages herein, the common open space must comply with applicable requirements of subsection A of this section.
2. Common open space percentages may be rounded off to the nearest whole percentage.
3. Planned unit development subdivisions shall not exceed 150 percent of the density allowed by the underlying zoning district through provision of common open space percentages and other density bonus actions listed in table 2-2 below. For example, an applicant with 40 acres in the R-5 district [normally allowed a maximum of 8 lots] may qualify for up to 12 lots via common open space and other bonus actions.
4. Planned unit development subdivisions shall not exceed 200 percent of the density allowed by the underlying zoning district through provision of common open space percentages and other density bonus actions listed in table 2-2 below. For example, an applicant with 40 acres in the R-5 district [normally allowed a maximum of 8 lots] may qualify for up to 16 lots via common open space and other bonus actions.
DENSITY BONUS FOR OTHER ACTIONS
Density Bonus Action | Maximum Percentage Increase In Approved Building Lots |
1. Provide subdivision residents with usable access to adjacent lakes, streams or public lands. The access must meet the minimum trail/pathway design standards specified in section 12-625 of this title. | 5 percent |
2. Provide general public with usable access to common open space, adjacent lakes, streams or public lands. (Note: This option is in lieu of, not in addition to, action 1.) The access must meet the minimum trail/pathway design standards specified in section 12-625 of this title. | 15 percent |
3. Provide a sidewalk or pathway system that connects each lot in the subdivision per the design standards in section 12-625 of this title. | 5 percent if open only to subdivision residents. 15 percent if open to the general public. |
4. Provide other public amenities. The board may approve bonus lots for other improvements and amenities, both on and off site, where the applicant can successfully demonstrate that the proposed improvements/amenities benefit the public. See subsections E and F of this section for examples and requirements. Improvements required to mitigate impacts shall not be used to earn bonus lots. | Up to 25 percent |
5. Bonus for urban sewer (where not required to achieve given density) (i.e.,suburban using "urban sewer" to get to smaller acres). | 25 percent |
E. Public Amenities: Below are public amenities that can be provided to obtain a density bonus. All are subject to approval by the board:
1. Construct recreational improvements that are available for the use by the general public. Improvements may include, but are not limited to, play fields, picnic shelters, children play areas and indoor recreational facilities. Applicants must successfully demonstrate that the improvements are safe, accessible and desirable to the general public.
2. Construct public facilities such as schools, fire stations or libraries. To qualify, the land and/or facilities must be accepted by the applicable public agency. The land itself set aside for such public use shall be considered as common open space for the purposes of obtaining a density bonus.
3. Pave roadways (where they are not required to be paved).
4. Provide environmental improvements as certified by wetlands, plant or other biologists having expert knowledge of the specific environmental feature. An example could be replacement of nonnative vegetation with native vegetation in common open space areas. Such improvements are particularly desirable in and around wetland areas and designated critical wildlife habitat.
5. Provide off site road improvements (above and beyond what is required by board for subdivision approval).
The applicant shall include a cost estimate for the proposed public amenity improvements prepared by a professional construction estimator, registered general contractor, engineer, architect or landscape architect shall be submitted with the application. The cost estimate shall be limited to physical improvements, labor and utility costs associated with the proposed public amenity feature.
F. Requirements For Public Amenities: To qualify for a density bonus, the proposed public amenity must meet the following requirements:
1. Applicants must successfully demonstrate how the improvements benefit the public.
2. The percentage of density bonus shall be commensurate with the cost of the applicable improvements per the following scale:
Cost of proposed improvements = $Y
Density bonus = Extra lot or lots* valued at the equivalent of two (2) times the cost of proposed improvements (2 x Y) up to a maximum density bonus of twenty five percent (25%).
*The average value of lots in the proposed subdivision as determined by a state licensed appraiser at the time the application is submitted. The appraised value shall take into account the average size of proposed lots, proposed physical improvements (including proposed amenities), and locational attributes.
For example, if the applicant proposes off site road improvements costing an estimated fifty thousand dollars ($50,000.00), the applicant is then eligible for a bonus lot or lots equaling up to one hundred thousand dollars ($100,000.00) in assessed value. If a state licensed appraiser concludes that the average market value for one of the proposed cluster lots is fifty thousand dollars ($50,000.00), then the applicant qualifies for up to two (2) additional lots (provided the extra lots do not exceed 25 percent of the total density of the subdivision).
G. Design Standards: Minimum development standards set forth in this title may be increased or decreased sufficient to accomplish design objectives in the utilization of natural or created amenities (i.e., topographic features, seasonal recreational uses, etc.), provided the development meets the intent of the standards. PUD subdivisions shall comply with the conservation subdivision provisions of section 12-633 of this title.
H. Buffering, Clustering: Residential PUDs shall provide for the clustering of dwelling units. Clustered lots shall be accessed by interior road systems. To the maximum extent possible, cluster lots shall be located so that common open space provides a buffer between the cluster lots and adjacent properties and/or right of way. When this is not possible, the development shall be designed to provide at a minimum one of the following:
1. Cluster lots that abut surrounding properties or right of way shall be at least seventy five percent (75%) of the minimum lot size standard for the subject parcel.
2. Cluster lots that abut surrounding properties or rights of way shall be separated from adjacent properties or rights of way by a minimum buffer strip of one hundred feet (100'). At a minimum, proposed or existing landscaping and vegetation within the buffer strip shall be of sufficient size and type to provide a buffer of vegetation six feet (6') in height and fifty percent (50%) opaque year round within three (3) years of planting. New landscaping materials shall consist of a combination of native trees and shrubs, as provided in appendix B of this title. Variations to these standards may be permitted where the applicant can demonstrate that unique topographic conditions provide sufficient buffering, such as intervening waterways, ridges or ravines, or other land features. (Ord. 501, 11-18-2008; amd. Ord. 512, 1-6-2010; Ord. 661, 3-18-2022)