The purpose of this chapter is to encourage imaginative design and the creation of open space by permitting greater flexibility in zoning requirements than is generally permitted by other chapters and/or articles of this title. Toward this end, it is the further purpose of this chapter to:

   A.   Preserve and create environmental amenities superior to those generally found in conventional developments;

   B.   Create or preserve usable open space for the enjoyment of the occupants;

   C.   Preserve, to the greatest extent, the natural characteristics of the land, including topography, natural vegetation, and views;

   D.   Encourage development of a variety of housing types;

   E.   Provide for maximum efficiency in the layout of streets, utility networks, and other public improvements; and

   F.   Provide a guide to developers and city officials in meeting the purpose and provisions of this chapter. (Ord. 263, 7-12-2005)

Certain words and phrases, as herein defined, shall govern the interpretation of this chapter:

COMMON OPEN SPACE: A parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit residential development, and designed and intended for the use or enjoyment of residents of a planned unit development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit development.

ENFORCING OFFICER: The mayor or the designee of the mayor who is responsible for enforcement of the requirements applicable to any particular planned unit development.

HOMEOWNERS' ASSOCIATION: An incorporated, nonprofit organization operating under recorded land agreements through which:

   A.   Each lot owner is automatically a member; and

   B.   Each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining common property; and

   C.   A charge, if unpaid, becomes a lien against the property.

LANDOWNER: The legal or beneficial owner or owners of all the land proposed to be included in a planned unit development; a contract purchaser or any other person having an enforceable proprietary interest in such land shall be deemed to be a "landowner" for the purposes of this chapter.

LEGAL OWNERSHIP: The proprietary interest of a "landowner" as defined above.

PLANNED UNIT DEVELOPMENT: Any residential development approved and developed in accordance with the terms of this title, including a plat or subdivision of such land.

RESIDENTIAL DEVELOPMENT: Any development designed and intended primarily for residential use regardless of the type of building in which such residence is located; i.e., conventional single- family residences, townhouses, duplexes, triplexes, fourplexes, or larger multi-family housing buildings. (Ord. 263, 7-12-2005)

   A.   Demonstrate General Public Benefit: All planned unit development projects shall bear the burden of perimeter transition and demonstrate that there is a general public benefit to be gained by the degree of deviation from the zoning regulations proposed in the project, including, but not limited to:

      1.   Additional or improved relationship of open spaces;

      2.   Additional public facilities, such as pedestrian walks, traffic circulation, or public access to recreational amenities;

      3.   Preservation of a natural asset such as an historic landmark.

   B.   Facilities Required: Planned unit developments shall provide the following facilities:

      1.   In accordance with municipal requirements, paved streets, curbs and gutters, sanitary sewers or their acceptable equivalent, street lighting, all necessary landscaping, and off street parking.

      2.   As directed by the city council, sidewalks and storm water management facilities. (Ord. 263, 7-12-2005)

Planned unit developments (PUDs) apply in the city's residential (R) zone and are achieved via an overlay of the standards in this chapter over those in the residential (R) zone, as set forth in chapter 8, article A of this title. Residential PUDs may also be allowed in the commercial (C) zone, subject to the development standards of section 8-9-6B and in accordance with the requirements and procedures of this chapter. (Ord. 263, 7-12-2005; amd. Ord. 431, 3-16-2021)

In a planned unit development, the following uses are permitted:

   A.   Those uses permitted as a matter of right in the underlying zone;

   B.   Accessory uses specifically geared to the needs of the residents of the planned unit development, such as schools, houses of religious worship, and recreation facilities of a noncommercial nature; and

   C.   Any combination of the above uses; provided, that the design features of accessory uses shall be carefully coordinated with residential development in the planned unit development. (Ord. 263, 7-12-2005; amd. Ord. 431, 3-16-2021)

Article A: Planned Unit Developments In The Residential (R) Zone:

   A.   Site Acreage Minimum:

      1.   The minimum site for a planned unit development shall be three (3) acres for exclusively residential development, and five (5) acres for developments combining accessory uses with residential use.

      2.   The site shall abut a dedicated public street, and the main street serving the planned unit development shall be connected to at least one arterial or collector street as defined in the city's comprehensive plan.

   B.   Minimum Lot Size: The minimum lot size provisions of the residential (R) zone are waived in a planned unit development, except that such minimum lot size provisions shall serve as the criterion to determine planned unit development densities.

   C.   Setback Requirements: Setbacks from front or flanking streets, and interior or rear property lines in a planned unit development shall all be as required by the city council.

   D.   Off Street Parking: Off street parking shall be provided in a planned unit development in the same ratios as required for the types of uses therein as specified elsewhere in this title.

   E.   Platting Requirements: A planned unit development shall be exempt from the specific design requirements of the city's subdivision regulations. However, when any parcel of land in a planned unit development is intended for individual ownership, sale, or public dedication, the platting procedural requirements of the city's subdivision ordinance and applicable state laws pertaining to subdivision of land shall be followed.

   F.   Design Standards:

      1.   Open Space: Open space required shall be as follows:

         a.   Common Open Space: Each planned unit development shall provide not less than thirty percent (30%) of the gross land area for common open space, which shall be either:

            (1)   Held in common ownership by all of the owners in the development area; or

            (2)   Dedicated for public use, if acceptable to the city.

         b.   Private Open Space: Private, usable open space shall be provided for each dwelling unit in a planned unit development as follows:

            (1)   For single-family structures, detached or attached, private open space shall be at ground level, and shall be equal to twenty percent (20%) of the site covered by the dwelling unit, except that in no case shall this open space be less than two hundred (200) square feet.

            (2)   For dwelling units in multiple residential structures, having no direct access to ground level, private open space shall be provided in the following amounts:

               (A)   For dwelling units one story above ground level, an area (balcony or deck) equal to a minimum of ten percent (10%) of the gross square footage of the dwelling unit; and

               (B)   For dwelling units two (2) or more stories above ground level, an area (balcony or deck) equal to a minimum of five percent (5%) of the gross square footage of the dwelling unit.

      2.   Land Area And Dwelling Unit Computations: Open space and street areas are computed as follows:

         a.   Street Right Of Way: Streets in a planned unit development shall be computed at twenty percent (20%) of the gross land area, regardless of the amount of land actually used for streets in the final design.

         b.   Density And Development Formula: In a planned unit development, the city council may authorize a dwelling unit density not more than twenty percent (20%) greater than that permitted by the underlying residential (R) zone; provided, that the environmental amenities sought by this chapter are met. Development areas shall be computed according to the following formula:

   G    Is gross land area in square feet

   S    Is street area (i.e., 20 percent of G) in square feet

   C    Is common open space (i.e., 30 percent of G) in square feet

   DU    Is number of dwelling units

   M    Is minimum lot size of underlying residential (R) zone

   N    Is net developable area (G minus S) in square feet

Dwelling units permitted are computed as follows:

DU = N x 1.2 ÷ M

Example of calculations for a three (3) acre site:

G (which is 130,680 square feet) minus S (which is 26,136 square feet) equals N (which is 104,544 square feet) times 1.2 (which is 125,433 square feet) divided by M (which is 14,520 square feet) equals DU (which is 8.6 dwelling units) rounded up to 9 units.

      3.   Maximum Site Coverage: Site coverage shall not be more than that permitted by the underlying residential (R) zone (i.e., 50 percent) based on conventional subdivision design.

      4.   Landscaping Required: All common open space shall be landscaped in accordance with the landscaping and irrigation plan submitted by the applicant and approved by the city council. Such landscaping shall be maintained by the homeowners' association, and shall be subject to periodic inspection by the city. In the event that such landscaping and irrigation is not maintained in a reasonable manner, the city shall have the right to provide for the maintenance thereof and bill the homeowners' association accordingly. If unpaid, such bill shall become a lien against the homeowners' association.

      5.   Relationship To Adjacent Areas: The design of a planned unit development shall take into account the relationship of the site to the surrounding areas. The perimeter of the planned unit development shall be so designed as to minimize undesirable impact of the planned unit development on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics upon the planned unit development.

      6.   Setback Requirements: Setbacks from the property lines of the planned unit development shall be comparable to or compatible with those of the existing development of adjacent properties or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning on such properties or the projections of the comprehensive plan. In no event shall such perimeter property line setback be less than ten feet (10').

      7.   Streets: All public streets within or adjacent to a planned unit development shall meet city standards in force at the time of application.

Article B: Planned Unit Developments In The Commercial (C) Zone:

   A.   Relation To Subdivision Application: A residential Planned Unit Development (PUD) in the commercial (C) zone may be processed concurrently with a subdivision request for the same property, or may be processed as a stand-alone PUD when no subdivision of the property is required.

   B.   Site Acreage Minimum: The minimum site area for a residential PUD in the commercial zone shall be three (3) acres.

   C.   Wastewater Treatment: All residential PUDs in the commercial zone shall require municipal-type wastewater treatment for the development. No residential PUDs in the commercial zone will be allowed on septic tank and drainfield type wastewater systems.

   D.   Density: The maximum number of residential units allowed within the PUD shall be eight (8) units per gross acre of the parcel. If the PUD includes commercial uses, the area dedicated to commercial use shall not be included in the gross acreage when determining the allowable number of residential units.

   E.   Mixed Uses: The PUD may contain uses allowed in either the residential (R) or commercial (C) zone. All proposed uses must be clearly shown on the PUD plan and addressed in the project narrative.

   F.   Configuration: Residential uses may be in any form of single-family residence, two-family residence (duplex), or multi-family residence that is acceptable to the city council. The configuration of the residential units must be clearly shown on the PUD plan and addressed in the project narrative.

   G.   Access Roads: Privately maintained roads may be allowed for access to and within the PUD. The minimum road width shall be twenty (20) feet of improved width with no on-street parking allowed. The horizontal road geometry shall be evaluated as part of the PUD approval. In all other respects, roads shall be designed to meet the most current version of the Highway Standards for the Associated Highway Districts of Kootenai County, Idaho.

   H.   Road Frontage And Lot Width: Each residential lot shall have a minimum of thirty (30) feet of road frontage and shall not be narrower than thirty-five (35) feet at any point through the building envelope of the lot.

   I.   Yard Requirements And Building Separation: Yard requirements for the development shall be clearly delineated in the PUD application, either on the PUD plan or in the project narrative. At a minimum, all residential structures shall have a minimum front yard of fifteen (15) feet, a minimum side yard of five (5) feet, and a minimum rear yard of ten (10) feet. Separate buildings on the same parcel must be separated by at least five (5) feet. Zero lot line housing types may be allowed if specifically identified and approved in the PUD approval process.

   J.   Lot Coverage: Residential lots shall have a maximum lot coverage of seventy percent (70%). Commercial lots shall have a maximum lot coverage of eighty percent (80%).

   K.   Parking: Parking for commercial uses shall be as required in Title 8, Chapter 12. Residential lots shall have a minimum of two (2) off-street parking spaces per dwelling unit, unless the PUD provides for on-street parking. In such cases, off-street parking may be reduced to one (1) space per dwelling unit. Parking spaces shall be configured to prevent blocking of sidewalks.

   L.   Open Space: Each PUD shall provide not less than ten percent (10%) of the gross land area for common open space, which shall be either held in common ownership by all of the owners in the development area, or dedicated to the city for public use, if the city chooses to accept it.

   M.   Sidewalks: Sidewalks shall be required to guide pedestrian traffic through the PUD and to any PUD amenities. Sidewalks may be limited to one side of a private street. Sidewalk layout shall be subject to approval of the Administrator as part of construction drawing approval.

   N.   Platting Requirements: A Planned Unit Development shall be exempt from the specific design requirements of the city's subdivision regulations. However, when any parcel of land in a Planned Unit Development is intended for individual ownership, sale, or public dedication, the platting procedural requirements of the city's subdivision ordinance and applicable state laws pertaining to subdivision of land shall be followed. (Ord. 263, 7-12-2005; amd. Ord. 431, 3-16-2021)

   A.   Authorized Applicants: Any owner or group of owners of property acting jointly may submit an application for a planned unit development, or a developer authorized to act as agent for an owner or group of owners.

   B.   Preapplication Conference: Every property owner or developer who considers developing property in accordance with the planned unit development provisions of this chapter is advised and urged to confer with the enforcing officer regarding the provisions of this chapter as they would pertain to the property under consideration. This should be done prior to submitting a formal application and prior to incurring obligations or making binding commitments in the preparation of plans, surveys, and other data necessary for the processing of a formal planned unit development application.

   C.   Documents Required With Application: An application for a planned unit development shall include the following:

      1.   Vicinity map showing the location of the site and its relationship to surrounding areas;

      2.   A map of the site drawn to a scale of not less than fifty feet (50') nor more than one hundred feet (100') to the inch showing the following:

         a.   Names and dimensions of streets bounding or touching the site.

         b.   Pedestrian and vehicular circulation patterns.

         c.   Existing and proposed topography at contour intervals not less than five feet (5') in areas having slopes exceeding five percent (5%) and not less than two feet (2') in areas having slopes less than five percent (5%).

         d.   Proposed buildings including identification of types and number of dwelling units in each.

         e.   Dimensions between buildings.

         f.   Off street parking facilities.

         g.   Locations and dimensions of common open space.

         h.   Other major features, such as existing railroads, rights of way, or easements, which may affect or be affected by the proposed planned unit development.

      3.   Preliminary building plans including floor plans and exterior designs and/or elevation views.

      4.   Preliminary engineering plans including site grading, street improvements, drainage, and public utility extensions.

      5.   In addition to the graphic illustrations noted above, the developer shall submit a written statement providing the following information:

         a.   Program for development including staging or timing of development.

         b.   Proposed ownership pattern upon completion of development.

         c.   Basic content of restrictive covenants.

         d.   Provisions to assure permanence and maintenance of common open space through homeowners' association formation, condominium development, or other means acceptable to the city.

         e.   Statement of tabulation of dwelling unit densities proposed.

         f.   Statement describing the relationship of the proposed planned unit development to the city's comprehensive plan. (Ord. 263, 7-12-2005)

   A.   Time For Filing Application: An application for final review and approval shall be filed by the applicant within twelve (12) months of the date on which tentative approval was given by the city council. An extension of time may be requested in writing by the applicant and an extension not exceeding six (6) months may be granted by the city council. If application for final approval is not made within twelve (12) months or within the time for which an extension has been granted, the plan shall be considered abandoned and the development of the property shall be subject to the normal requirements and limitations of the underlying residential (R) zone and the city's subdivision ordinance.

   B.   Final Approval For Part Of Planned Unit Development:

      1.   An application for final review and approval may be filed for a part of a planned unit development area for which tentative approval has been granted by the city council. A final plan for a part of a planned unit development shall provide the same proportion of open space and the same overall dwelling unit density as the overall plan tentatively approved.

      2.   If that portion of the planned unit development for which final approval is requested does not provide such open space, the developer shall file, in escrow, a quitclaim deed in favor of the city, for such additional land area adjacent and accessible to the site and of sufficient size to provide the open space required to meet the standards of this chapter. In the event that the developer abandons the remaining portions of the tentatively approved planned unit development, the escrow agent shall deliver the quitclaim deed to the city.

   C.   Performance Bond: The applicant shall, if required by the city council, furnish the city with a performance bond in order to assure implementation of the development as specified.

   D.   Documentation Required:

      1.   A final planned unit development map shall show the same information and the data required of regular plats as required by the city's subdivision regulations. In addition, the map shall show all such special features and dimensions required by the city council as a condition of tentative approval.

      2.   In addition to the above, the application shall be accompanied by such other documentation, information, and data not lending itself to graphic presentation, such as restrictive covenants, incorporation papers and bylaws of the homeowners' association, dedications of easements, rights of way, and other conditions specifically required by the city council for the particular planned unit development. (Ord. 263, 7-12-2005)

   A.   Application For Construction Implementation: Buildings and other improvements required for the construction or development of property under the provisions of this chapter shall be authorized only when, in the opinion of the city council, the work to be performed meets the requirements of the final plan and program elements of the planned unit development. Applications for any form of construction implementation shall be accompanied by:

      1.   Written statement defining starting date and completion date.

      2.   Submission of any bonds required by the city.

      3.   Deeds for public dedication.

      4.   Complete project site plan.

   B.   Minor And Major Adjustments: Minor and major adjustments shall be as follows:

      1.   Minor adjustments may be made and approved by the city council when construction is authorized. Minor adjustments are those which may affect premises dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in the final plan, nor the density of the development or the open space requirements.

      2.   Major adjustments are those which, in the opinion of the city council, substantially change the basic design, density, open space, or other requirements of the planned unit development. When, in the opinion of the city council, a change constitutes a major adjustment, no construction authorization shall be issued without prior review and approval by the city council of such adjustment.

   C.   Filing Of Applications: Applications for tentative or final approval of planned unit development plans shall be filed with the city clerk-treasurer for city council consideration.

   D.   Hearings On Applications: Public hearings and notice of such hearings shall be held before the city council for both tentative and final approval of a planned unit development, and for major adjustments thereto.

   E.   Schedule Of Fees And Charges: Fees and charges for filing planned unit development applications shall be in accordance with fee and charge schedules adopted by resolution of the city council.

   F.   Duration Of Control: The regulations and controls of this chapter in effect at the time of authorization of a planned unit development shall remain in full force and effect for the life of the project.

   G.   Time For Beginning Construction: Construction of the planned unit development project shall begin within one year from the date of the final approval of the plan. An extension of time for beginning construction may be requested in writing by the applicant, and such extension, not exceeding six (6) months, may be granted by the city council. If construction is not begun within one year or within the time for which an extension has been granted, the plan shall be considered abandoned, and the development of the property shall be subject to the normal requirements and limitations of the underlying residential (R) zone and the city's subdivision ordinance.

   H.   Resubmittal Of Applications: An application for planned unit development approval may be resubmitted in not less than six (6) months from the date of expiration. (Ord. 263, 7-12-2005)