(1) Intent: A planned unit development involves a parcel of land which is planned and developed as a unit under single ownership or control, containing one or more uses, buildings, and common open space or recreational facilities. The planned unit development process is not intended to skirt development rules nor results in a detrimental impact on the surrounding community through its implementation. The administrative procedures for a planned unit development shall be the same as applied to special use permits.
(2) Purpose: It shall be the purpose of this section to encourage the unified and planned development of a site held in individual or corporate ownership at the time of development by the use of a planned unit development process. Such developments may be permitted without customary division into individual lots, or without specific conformance with the zoning district regulations as applicable to individual lots or traditional subdivisions subject to the regulations as provided in this chapter.
A. The planned unit development process is intended to provide flexibility, latitude and relief from the provisions of the zoning ordinance only if the proposed development is consistent with two (2) or more of the following instances:
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 to the primary use.
3. The development provides a layout which preserves and properly utilizes natural topography and geologic features, trees, scenic vistas or other vegetation.
4. Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development processes.
5. The development encourages infill development that contributes a compatible design to the existing neighborhood.
(3) Development Standards: The planning and zoning commission and the city council shall consider approval of planned unit developments in accordance with the following standards:
A. Changes: Changes in the development standards and bulk regulations of the underlying zone may be approved as per subsection (6) of this section.
B. Primary Use: The primary use of the planned unit development shall be a permitted use in the underlying zoning classification.
C. Percentage: No more than thirty percent (30%) of the total net area ("net area" meaning the gross acreage less all acreage utilized for public right of way dedication and public streets) of the planned unit development shall be devoted to a use or uses not permitted or specially permitted in the underlying zoning classification, except that where any portion of the subject property has an underlying zoning classification of R-1, R-2, R-3, RS-1, and/or RS-2 or any combination thereof and/or any residential use regardless of the zoning classification, no industrial uses shall be allowed as part of the planned unit development.
D. Latitude: Following the spirit and purpose of this section, much greater latitude is permitted than in conventional and traditional regulations for development.
E. Discretionary Powers: In consideration of the latitude given, the planning and zoning commission and city 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 the planned unit development shall conform to the general purposes and objectives of the comprehensive plan.
F. Residential Density: The number of dwelling units allowed in a planned unit development shall be calculated by multiplying the gross area and the dwelling units permitted in the underlying land use classification shown on the comprehensive plan map. A planned unit development shall be consistent with the density guidelines provided in the comprehensive plan.
G. Residential Uses: A variety of housing types or residential uses may be included in a planned unit development including attached units (duplexes, townhouses), detached units (patio homes), single-family dwellings, and multiple-family units (triplexes, fourplexes, sixplexes, etc.) regardless of the zoning classification of the district, provided that the overall density of the land use classification is maintained.
H. Commercial Uses: When planned unit developments include commercial uses, commercial buildings and establishments, the development 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 at intersections. A planned unit development shall follow section 10-07-10 (buffers between land uses) of this chapter. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities as reasonably necessary for internal traffic circulation.
I. Future Development: All areas designed for future development or expansion or not intended for immediate improvement shall be landscaped or otherwise maintained in a neat and orderly manner.
J. Required Setbacks: Attached residential structures and commercial buildings may be permitted in a planned unit development.
K. Clustering: Every clustered area developed under the planned unit development approach should be designed to abut upon common open space or recreational amenities. Clustering is desired in mixed unit developments.
L. Parking:
1. Off street parking for a single-family or two-family residential planned unit development shall be provided as follows:
(A) Two (2) spaces per unit shall be provided on each subject parcel or clustered in parking pads in close proximity to any dwelling units they serve.
(B) Lots forty-five feet (45') in width and smaller shall provide one additional space per every four (4) residential units in a common parking lot located in close proximity to the residential structures in which it serves.
2. Off street parking for a multi-family residential planned unit development shall be provided as follows:
(A) One and one-half (11/2) spaces per unit shall be provided on each subject parcel or clustered in parking pads in proximity to any dwelling units they serve.
(B) On street parking may be permitted to accommodate visitors and overflow parking demand under the planned unit development process, but it shall not be counted towards the minimum off street parking requirements. One space per every eight (8) units shall be dedicated for off street visitor parking.
(C) Off street parking shall not be designed to allow vehicles to back out onto a public street.
3. Off street parking for a commercial planned unit development shall be provided as follows:
(A) Parking for commercial uses shall be provided as required in section 10-02-05 of this chapter.
(B) On street parking is not permitted for commercial uses and cannot be counted as off street parking for commercial uses.
(C) Off street parking shall not be designed to allow vehicles to back out onto a public street.
M. Access: All lots developed as single-family residential lots shall front or shall have frontage along a public roadway or common driveway. All other lots developed for residential purposes shall front a public roadway, or shall utilize common driveways as regulated by Section 11-03-02, or shall comply with Section 10-14-01.
N. Ownership: A planned unit development shall be under single ownership/control during the planning and developmental stage to ensure that the development can be accomplished in a unified manner. A PUD developer may sell a portion of an approved PUD if the purchaser submits a notarized letter to the planning and zoning director stating that he/she reviewed the order of decision, development agreement, phasing plan, and all other applicable materials and agrees to comply with all conditions of approval.
O. Planned Unit Development Size: Unless the site qualifies as an infill development, the overall site shall consist of a minimum gross area of five (5) acres.
P. Phasing Plan: The applicant shall submit a phasing plan for all features and amenities in a planned unit development. The phasing plan shall be approved by city council and may be amended by the planning and zoning director and city engineer. A staff level denial of a requested amendment may be appealed to the city council.
Q. Classification Of Uses: More than one classification of uses and more than one use within these classifications shall be permitted on a lot or parcel within the same building or different buildings if the proposed individual uses are permitted uses. Any special uses will need to go through the standard special use hearing process.
R. Expiration: The completion of the first phase of a planned unit development shall take place within three (3) years of the signature date on the order of decision approving the planned unit development or said approval shall become null and void. For each phase after the first phase there shall be an allowed one year time frame per phase for completion. Should any phase not be completed within its one year time frame, approval on the uncompleted portion of the planned unit development shall become null and void. Exceptions to the time frames may be granted at the time of original approval of the planned unit development, provided said exceptions are requested in the initial application.
(4) Amenities: Any latitude, flexibility or relief provided through this land use 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 planning and zoning commission and city council's discretion.
A. Required Amenities: All planned unit developments shall have the following features:
1. Five foot (5') wide asphalt paved micro pathways connecting the residential areas to all nonresidential areas, open space common lots, recreational facilities, major pathways, and school bus pick up locations.
2. Eight foot (8') wide asphalt paved or concrete paved or porous surfaced (other than gravel) major pathways are required in all planned unit developments with a five foot (5') wide landscape buffer on each side of major pathways. Major pathways meeting the standards listed above are required to provide connectivity to adjacent pathways, to comply with the city's pathway master plan, and to provide for connectivity to adjacent properties. In general, major pathways shall meander through the center of the PUD, be entirely located within a platted common lot that is dedicated as a public access easement, and provide connectivity to adjacent parcels of land.
3. Usable open space (as defined in section 10-07-05 of this chapter) of at least ten percent (10%) of the gross area.
4. Varying bermed street landscape buffers of a two to one (2:1) to three to one (3:1) ratio.
B. Required Optional Amenities: Four (4) or more of the following amenities shall be provided as part of each planned unit development:
Baseball/softball field.
Basketball court.
Boat dock/river access.
Buildings are constructed to LEEDS standards.
Community center.
Daycare center.
Detached/meandering sidewalks.
Energy star certified housing.
Enhanced paving and design features at intersections as approved by the city engineer.
Fishing pond.
Golf course/driving range.
Gym/health club.
Land provided for a public facility (school, fire station, police station, etc.).
Playground/tot lot.
Rear entry garages.
Residential buildings constructed with fire sprinkler systems.
Roundabout intersections as approved by the city engineer.
Skateboard park.
Swimming pool.
Tennis court.
Other suitable amenities or public benefits deemed worthy by the city council.
C. Reduction Of Amenities: The city council may reduce the number of optional amenities depending upon the intensity and value of the amenity(ies) proposed by the applicant.
(5) Application Process: Subdivisions and developments created through the planned unit development process shall provide a narrative and architectural renderings that explain what amenities will be incorporated inside the development to compensate for deviations to the city's development standards and how its construction will satisfy the community's need for a wide range of housing and commercial businesses.
(6) Flexibility In Applying Zoning Standards: The developer may deviate from the height, lot line setback, and lot dimension schedule found in section 10-02-03 of this chapter with the consent of the planning and zoning commission and city council. Deviations shall be listed in full as a part of the planned unit development application. Modifications to other zoning and subdivision standards will be determined by the planning and zoning commission and city council on a case by case basis.
(7) Infill Development: Lots under twenty (20) acres within the city of Caldwell which are located in areas already largely developed (at least 50 percent of the land within 300 feet of the exterior boundaries of the subject property) and to which municipal services are already available may qualify for planned unit development status as an infill development.
A. The applicant shall submit documentation that the site qualifies as an infill site with the planned unit development application. Verification of infill may be in the form of recent aerial photographs. In addition, the applicant shall provide documentation regarding the following services: water, sewer, fire coverage, public schools, and irrigation.
B. The applicant shall demonstrate the proposed building design is compatible with the existing neighborhood and adjoining properties by taking into account building type, height, bulk, and site location.
C. Upon the request of the applicant, the City Council may waive all or part of the amenity requirements listed in subsection (4) of this section. (Ord. 2677, 6-18-2007; Ord. 2747, 5-19-2008; Ord. 2805, 11-2-2009; Ord. 2924, 4-15-2013; Ord. 2967, 7-21-2014; Ord. 3379, 12-20-2021)