A. Purpose And Intent:
1. The planned unit development (PUD) process provides an opportunity for land development that preserves natural features, allows efficient provision of services, and provides common open spaces or other amenities not found in traditional lot by lot development. The procedure may allow a combination or variety of residential, commercial, office, technical and industrial land uses. It also provides for the consistent application of conditions of approval for the various phases of the planned unit development.
2. A planned unit development is intended to:
a. Permit greater flexibility and, consequently, more creative design for development than generally is possible under conventional zoning regulations;
b. Retain and preserve natural scenic qualities and topographic features of open spaces; promote aesthetics; prevent disruption of natural drainage patterns;
c. Promote the creation and efficient use of open space and park area;
d. Provide a harmonious variety of neighborhood development and a higher level of urban amenities.
B. Conditional Use Permit Required: Every planned unit development requires a conditional use permit and shall be subject to all conditional use permit application procedures as well as to procedures specified in this chapter. When a PUD includes mixed land uses (zoning deviation) or is intended to be subdivided for sale to separate ownerships upon completion, the conditional use permitting procedure shall require two (2) public hearings, one before the planning and zoning commission and one before the council.
C. Other Requirements: A PUD shall be subject to applicable development requirements as set forth in title 4, chapter 4 of this code; chapter 1 of this title; and sections 6-5-4 and 6-5-6 of this chapter.
D. Ownership:
1. An application for approval of a PUD may be filed by a property owner or a person having an existing interest in the property to be included in the PUD. The PUD application shall be filed in the name or names of the recorded owner or owners of property included in the development. However, the application may be filed by the holder(s) of an equity interest in such property.
2. Before approval is granted to the final development plan, the entire project shall be under single or corporate ownership or control, and proof of legal title must be presented with the final development plan.
E. Zoning Conformance: A PUD may be allowed by conditional use permit in any zoning district when it is in substantial conformity with the underlying zone and upon taking the following items into consideration:
1. The proposed uses shall not be detrimental to present and potential surrounding uses; nor shall they be detrimental to the health, safety and general welfare of the public. The suitability of the proposal will be considered for the location and specific site.
2. The density of the planned unit development considered as a whole shall be in substantial conformity with the density of the underlying zoning district.
3. Any variation from the basic zoning district requirements must be warranted by the design and amenities incorporated in the preliminary and final development plan.
4. The final development plan must be in conformance with the preliminary plan.
5. The planned unit development must meet the general objectives of the comprehensive land use plan.
6. Existing and proposed streets and utility services must be suitable and adequate for the proposed development.
7. An agreement may be required between the developer and the city that delineates commitments of the developer to the city and of the city to the developer.
F. Use Regulations: Any permitted or conditional uses shown in section 5-2-2 of this code, allowed in an underlying zoning district may also be allowed in the planned unit development.
G. Use Exceptions: In the case of planned unit developments greater than two (2) acres in size, the commission may authorize specified uses not permitted or conditionally permitted by the use regulations of the zoning district in which the development is located, provided the commission shall find:
1. That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development; and
2. That the uses permitted by such exception are not of such a nature or so located as to be detrimental to the surrounding neighborhood; and
3. That the development is phased so that the approval to construct the exceptioned use or uses is coordinated with the construction of all or a proportionate phase of the permitted use; and
4. That no more than twenty percent (20%) of the total area of the planned unit development shall be devoted to the uses permitted by the exception; and
5. That the uses permitted by such exception are shown to contribute to a coherent living style and sense of community; and
6. That the use exceptions will be located and so designed as to provide direct access to a collector or arterial street without creating congestion or traffic hazards.
H. Developer Benefits: Planned unit developments are intended to provide certain benefits to the public and to the developer. The installation of public improvements (streets, water, sewer, streetlights, etc.) and two (2) or more of the amenities set forth herein, ensure a public benefit. To provide the developer with an incentive to utilize the planned unit development process, the following allowances may be incorporated into the proposal:
1. A variety of housing types may be included in residential projects including attached units, detached units, single-family units and multiple units.
2. Private streets may be utilized within the project subject to the same standards for public streets set forth in section 6-3-2 of this title, and subject to approval by the city council based on recommendations from the city planner, city engineer, public works supervisor and fire chief.
3. Setbacks for buildings within the interior of the project may be less than required in the zoning district. A distance of ten feet (10') shall be maintained between all detached buildings unless greater separation is required by fire or building codes.
4. The conditions of approval applied to a large planned unit development concept plan shall be applied consistently to each subsequent phase unless otherwise agreed to by both the applicant and the council.
5. Buildings may be clustered to preserve as open space those areas considered to be environmentally sensitive, such as river areas, floodways, foothills, and wetlands. Clustering of dwelling units, commercial and industrial uses, is encouraged as long as buffer yards, open space and emergency access are adequately planned. Buffer yards shall be required to separate different uses in order to eliminate or minimize potential interference and nuisances on adjacent properties.
6. Uses which are not allowed within the zoning district may be allowed as part of the planned development subject to the twenty percent (20%) exception requirements.
I. Development Standards: The development proposal shall be preplanned in its entirety and be characterized by a unified site design. Approval of a planned unit development shall substantially conform to the zoning district in which the development is located unless otherwise provided herein and based on the following:
1. Residential Density: The number of dwelling units allowed in a planned unit development shall be calculated by taking the gross area, less the area set aside for nonresidential excepted uses, less open spaces, churches, schools, and public roadways, and dividing by the minimum lot area per dwelling unit required by the zone in which the site is located. An increase in the computed allowable maximum density, not to exceed twenty five percent (25%), may be permitted upon recommendation of the commission that the increased density is justified in terms of the relationship to open area, service demand and the total quality and character of the project.
2. Yards: Along the periphery of the planned unit development, yards shall be provided as required by regulations of the district in which the development is located, unless an exception is provided. Where development already exists at the periphery, the yards shall be matched, where practical (e.g., side yards should be provided adjacent to side yards, rear yards adjacent to rear yards and front yards opposite front yards).
3. Off Street Parking: Off street parking shall comply with the parking requirements of the underlying zone. No common parking or maneuvering areas shall be allowed within twenty feet (20') of the boundary of the PUD. All common parking or maneuvering areas shall be buffered from adjacent properties. The buffer area must be landscaped, screened, or protected by natural features with the objective of minimizing adverse impacts to surrounding properties. In addition to the above requirements, where on street parking is prohibited, at least one-half (1/2) additional parking space per dwelling unit shall be provided either in approved parking bays along the street or in an off street parking area.
4. Signs: Signs shall comply with the signage ordinance (title 5, chapter 10 of this code).
5. Storm Water Management: The management of storm water shall conform with the city storm water management policy (section 6-3-9 of this title).
6. Open Space/Common Areas/Amenities: For purposes of this chapter, the following shall apply:
Unless otherwise approved, not less than ten percent (10%) of the total gross area of a residential PUD shall be retained as permanent open space and shall not include strips of less than fifteen feet (15') in width unless designed to accommodate a water feature such as a pond or stream. A minimum of twenty percent (20%) of land area of a PUD devoted to multiple-family residential use shall consist of open space. Of this required open space, portions may be "common area" used for recreational or other collective enjoyment by occupants of the development, privately owned properties dedicated by easements to assure that open space will be permanent, and lands developed as active recreational areas or preserved in their natural state when such areas contain unique natural assets such as groves of trees, ponds, rivers or streambeds. If ponds are considered as part of the required open space, no more than fifty percent (50%) of the open space shall be comprised of the ponds.
a. Dimension: In order to be functionally usable, open space should exist in quantities of some minimum dimension. Therefore, the areas of each parcel of open space to be used for active recreational use shall have a size and shape consistent with the planned use.
b. Location: Open spaces shall be distributed within projects in locations near the dwelling units of the people they are intended to serve.
c. Open Space: Land indicated as open space, common areas, amenities (tennis courts, playgrounds, swimming pool, etc.), streets and sidewalks shall be shown on the preliminary plan and provide on the plan that they be permanently maintained as such either by a homeowners' association which provides private covenants, an agreement with the developer or, if suitable and mutually agreeable, by public dedications.
7. Easements: Easements for pedestrian/bicycle pathways in accordance with the city's greenbelt/bike/pathway master plan.
8. Amenities: Amenities shall be provided as a part of each planned unit development greater than one acre in size. The number of amenities (minimum of 2) shall be proportionate to the size of the development and may include, but not be limited to, any of the following:
a. Private recreational facilities such as a swimming pool, tennis court, barbecue area or playground of a size appropriate to meet needs of the development.
b. Provision for public access to any public open space, park or river greenbelt.
c. Publicly dedicated land in a PUD for facilities such as school, fire station, well site, public park, public recreational facility.
d. Additional open space for parkways, boulevards, or other features designed to mitigate vehicle/traffic impact.
e. Other amenities as approved by the planning and zoning commission and council.
9. Landscaped Open Space: All residential planned unit developments on less than one acre shall provide each dwelling unit with a minimum of one hundred (100) square feet of private, landscaped open space. The planning and zoning commission should evaluate each project on its own merits and allow variations to the open space standard where it can be shown that the provided space meets the intent and purpose of this section.
10. Required Setbacks: Attached structures may be permitted in planned unit developments. The minimum separation between detached buildings shall be ten feet (10') unless greater separation is required by fire or building codes.
11. Industrial Uses: Industrial and technological uses shall be developed in park like surroundings including landscape as buffers to screen lighting and parking areas.
12. Private Streets: Private streets may be utilized within the project subject to the same standards for public streets set forth in section 6-3-2 of this title when the following requirements are met:
a. The planning and zoning commission, after recommendation of the fire chief, county sheriff, public works supervisor and city engineer, finds that the design of the proposed streets, pedestrianways and off street parking is adequate to protect public health, safety and welfare and shall adequately accommodate anticipated uses within the development.
b. Private streets shall be owned by a homeowners' association, and all future repair and maintenance costs, including reconstruction, shall be borne by the homeowners.
J. Application Procedure:
1. Preapplication: Prior to the filing of an application for approval of a planned unit development, the developer shall submit to the city a conceptual plan of the development proposal to enable review and comment. Such plan may be generalized in content and such submission shall not require the official filing of an application and fee. The conceptual plan shall include the following:
a. The general layout of the development showing at a minimum the location of buildings, open space, types of landscaping, proposed uses.
b. The existing conditions and characteristics of the land on and adjacent to the proposed development site.
c. Information on plans for water, sewer, streets, drainage, and other major components of infrastructure.
2. Preapplication Review: The engineer, fire chief, and city staff shall review said plans and data as submitted and advise the developer as to the general conformance or nonconformance of the proposed development with this section.
3. Preliminary Development Plan/Conditional Use Permit: Upon completion of the preapplication review, if the developer elects to proceed with the planned unit development process, he shall pay all fees and file with the city an application for a conditional use permit, preliminary development plan and any other required application with the following required information:
a. All necessary information as specified for a conditional use permit, plus necessary information on other applicable permits.
b. Fifteen (15) copies of preliminary development plan which shall consist of drawings and supplementary written material adequate to provide the following information:
(1) Statement of how the purpose and intent of subsection A of this section will be achieved by the planned unit development, including sketches or illustrations of the proposed character of the development, a description of how the planned unit development will relate to surrounding land uses and identify key neighborhood features, if any, and whether a zone change, comprehensive plan amendment, variance, floodplain permit, preliminary plat is also requested.
(2) An outline of the proposed planned unit development stating: a) land use allocation by type, including the amount of land for housing, b) density, c) open spaces, d) roadways and parking, e) the number and type of housing units, and f) how necessary services will be provided and whether services are publicly or privately owned and operated.
(3) Preliminary drawings at a scale of one inch equals one hundred feet (1" = 100'). The preliminary drawings shall display the following:
(A) The name of the proposed planned unit development.
(B) Date, north point and scale of drawing.
(C) Legal description of the planned unit development, other than metes and bounds, sufficient to define its location and boundaries.
(D) Names, addresses and telephone numbers of the owners, designer of the PUD, and engineer, planner and surveyor, if any, and the date of the survey.
(E) Appropriate identification of the drawing as a preliminary plan.
(4) Fifteen (15) copies of a natural features map showing an inventory of existing site features including:
(A) Ground elevations shown by contour lines at two foot (2') intervals or less.
(B) General soil types as documented by a soils engineer or engineering geologist, if necessary.
(C) Fish and wildlife habitats, if any.
(D) Proposed and existing storm water facilities.
(E) Water features, such as ponds, wetlands and watercourses.
(F) Areas subject to flooding.
(G) Natural features, such as trees, watercourses, historic spots, and similar irreplaceable amenities.
(H) Existing on site or abutting sanitary sewer, storm drainage and water supply facilities. If such facilities are not on or abutting the site, indicate the direction and distance to the nearest ones.
(I) Width, location and purpose of all existing easements of record on and/or abutting the site.
(J) Information on land areas contiguous and adjacent to the proposed planned unit development and existing adjacent areas, including zoning classifications, land uses, densities, circulation systems, public facilities, unique natural features of the landscape, and approximate locations of nearby structures.
(5) Fifteen (15) copies of a proposed site plan showing:
(A) The locations of dwelling units and/or individual lots.
(B) Location of major streets.
(C) The proposed yard requirements or locations of single-family homes for individual lots, if any.
(D) The existing and proposed traffic circulation system serving the planned unit development including: 1) off street parking and maneuvering; 2) points of access to existing public rights of way, and 3) a plan notation or descriptive narrative outlining ownership of streets and parking areas.
(E) The existing and proposed pedestrian and bicycle circulation system.
(F) Conceptual plans for all necessary services including their location and whether the services will be publicly or privately owned and maintained. Location of utilities as would tie into the project.
(G) Proposed location and treatment of any public or private common areas or structures including open spaces, park or recreation areas, and school sites.
(H) The general treatment proposed for the periphery of the site.
(I) The approximate amount, location and type of buffering and/or landscaping.
(J) Proposed architectural styles.
(6) Environmental assessment, traffic study, grading plan or other study necessary for the proposed site.
(7) If the applicant is requesting preliminary subdivision plat approval concurrently with the preliminary PUD approval, a preliminary subdivision plat shall be submitted.
(8) A development schedule indicating to the best of applicant's knowledge the approximate date on which construction of all phases of the entire project can be expected to begin, the anticipated rate of development, and completion date. The schedule, if approved by the planning and zoning commission, shall become a part of the final development plan and shall be adhered to by the owner of the property in the planned unit development and his successors in interest.
(9) Any additional information required by the staff, engineer or commission.
4. Planning And Zoning Commission Review: The commission shall review the plans for conformance with this section and may set the date for a public hearing. When a preliminary plat is to be considered as a part of the planned unit development, the public hearings may be combined to fulfill subdivision ordinance requirements. After such public hearing, the commission shall recommend to the city council approval, approval with conditions, or disapproval of the conditional use permit and planned unit development and preliminary plat if applicable.
5. Council Review: The council shall hold a second public hearing when a PUD includes mixed land uses (zoning deviation). The council shall approve, approve with conditions, or disapprove the conditional use/planned unit development application. The council shall also approve, approve with conditions, or disapprove a preliminary plat at this time, where applicable. Council approval of the plan shall be subject to the findings of this section.
6. Final Development Plan: Within one year after approval of the preliminary development plan, the applicant shall submit to the city a final development plan for the entire planned unit development or a final development plan for the first phase of development if the PUD has been approved for phased development. The applicant shall submit final development plans for any subsequent phases within the time limit specified in the approval of the preliminary development plan.
The final development plan may be submitted to the planning and zoning commission upon approval by the city engineer of detailed improvement plans, including private street construction, utility locations, drainage, dedications of easements and public facilities, along with a proposed schedule for phasing. Any necessary agreements for maintenance, etc., shall be prepared and submitted for review and approval at this time.
Items that shall be included in the final development plan are:
a. Drawings And Information: The final development plan shall be drawn in clear and legible form on good quality tracing paper or Mylar drafting film at a reasonable size and scale to clearly show all required information. Ten (10) prints of the plan made from this drawing shall accompany the application.
b. Information Required On Plan: In addition to that required by the preliminary development plan, or otherwise specified by law, the following information shall be shown on the plan:
(1) Reference points of identified existing surveys related to the PUD plan by distances and bearings and referenced to field book or map, including stakes, monuments or other evidence found on the ground and used to determine the boundaries of the PUD.
(2) The location and width of streets and easements intercepting the boundary of the tract.
(3) Easements and storm water drainage facilities clearly identified and, if already of record, their recorded reference. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the PUD shall be shown. If the easement is being dedicated by the plan, it shall be properly referenced in the owner's certificates of dedication.
(4) Identification of land to be dedicated for any purpose, public or private.
(5) Other plans and studies as required at preliminary approval such as a grading plan, soils engineer report, traffic study, detailed landscaping and buffering plans where required.
c. Additional Certificates Or Drawings: The following may be combined where appropriate:
(1) A certificate signed and acknowledged by all parties having any recorded title interest in the land, consenting to the preparation and recording of the PUD.
(2) A certificate signed and acknowledged as above, dedicating the land intended for public use, if any.
(3) A certificate with the seal of and signed by the surveyor responsible for the survey.
(4) A title report issued by the title insurance company verifying ownership by the applicant of real property that is to be dedicated to the public.
(5) A copy of any deed restrictions applicable to the PUD.
d. Detailed Design Plan: A detailed design plan for the PUD site including:
(1) The location of proposed buildings and structures, parking and maneuvering areas and/or the location of allowable building areas of individual lots, if any.
(2) Building setback lines, if any, that are to be made part of the PUD restrictions.
(3) The location and type of proposed buildings, structures or improvements in common open space areas.
(4) The location and detailed information for all proposed streets, with approval by the city engineer for public streets and fire marshal for private streets.
(5) A plan for water mains and fire hydrants.
(6) A plan for sanitary sewer approved by the city engineer.
(7) A plan for storm water drainage with approval by the city engineer.
(8) Plans for additional improvements such as pedestrianways, street lighting, public utilities, street trees, etc.
e. Landscaping And Buffering Plan: A landscaping and buffering plan for common open space areas, the periphery of the PUD and other required locations. The plan shall show areas to remain in natural vegetation; and, in a clear manner, the area, sizes, numbers and general types of plant and other materials to be used; revegetation of common open space areas and periphery areas disturbed during the construction of services, dwellings or other facilities; proposed schedule, if cannot be completed prior to occupancy of dwellings or as otherwise required by the conditions of approval; and, an improvement guarantee of a sufficient amount shall be required to assure timely completion.
7. Commission Recommendation: The planning and zoning commission shall recommend to the council approval, approval with modifications, or disapproval of the final development plan.
8. Council Action: The council shall approve, approve with modifications, or disapprove the final planned unit development plan and the final subdivision plat or phasing proposal, where applicable. Approval of the final plan shall constitute the requirements for the land in the planned unit development. Any subsequent changes from the final plan shall be subject to approval by the planning and zoning commission and the city council.
K. Improvement Guarantees:
1. Prior to issuance of building permits for structures, the applicant shall either install and complete all private service improvements, including streets, pedestrianways, utilities, landscaping and buffering, or file an improvement guarantee for these items.
2. The improvement guarantee is an agreement between the applicant and city specifying a development schedule setting forth when service improvements will be made.
3. The agreement shall be in a form satisfactory to the city attorney, and shall be filed with the city clerk.
4. The applicant shall file with the agreement one of the following to assure his full and faithful performance:
a. A certified check or checks;
b. A surety bond executed by a surety company authorized to transact business in the state of Idaho.
c. Other surety acceptable to the city.
d. Assurance of full and faithful performance shall be for the amount of one hundred twenty five percent (125%) of the estimated costs of improvements approved by the city engineer, including related engineering and city inspections.
e. At the discretion of the city, the improvement guarantee may be in the form of separate bonds or checks covering individual portions or specific types of improvements, rather than one bond or check covering the work.
f. Occupancy permits shall not be issued unless all improvements and conditions of approval have been fulfilled to the satisfaction of the building official or the applicant has filed an improvement guarantee for all such items.
g. The building official shall not authorize the city clerk to return the improvement guarantee or guarantees until the improvements related to the guarantee are completed to the satisfaction of the building official.
L. Extension: The applicant may request one extension of the one year time limit not later than thirty (30) days prior to the expiration of the preliminary development plan one year limit.
M. Amendments:
1. Any subsequent amendment to the final development plan changing location, siting, and height of buildings and structures may be authorized by the commission without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved. In no case shall the commission authorize changes which may cause any of the following:
a. A change in the use or character of the development.
b. An increase in overall coverage of structures.
c. An increase of the intensity of use.
d. An increase in the problems of traffic circulation and public utilities.
e. A reduction of off street parking and loading space.
f. A reduction in required pavement widths.
2. All other changes in use, rearrangement of lots, blocks and building tracts, or in the provision of common open spaces and changes other than those listed above which constitute substantial alteration of the original plan shall require a public hearing before the commission and approval by the council. (Ord. 541, 2-26-2007)