A. Permit Consideration: The planned unit development application shall be processed and considered in accord with the special use permit requirements of chapter 10 of this title.
B. Standards Of Approval: In addition to the general standards of chapter 10, the governing bodies shall also find adequate evidence confirming the planned unit development:
1. Will result in a unified project that will benefit the surrounding area and the city.
2. Can be constructed so that each phase can exist independently, without relying upon subsequent phases for open space, amenities, density, infrastructure, or other minimum standards or necessary dedications.
C. Conditions Of Approval: The city may set conditions of approval to control the sequence and timing of development, assure the development is maintained properly and other conditions consistent with the special use permit processes of this title and the Idaho Local Land Use Planning Act, including conditions that:
1. Minimize adverse impact on other development;
2. Control the sequence and timing of development;
3. Control the duration of development;
4. Assure that development is maintained properly;
5. Designate the exact location and nature of development;
6. Require the provision for on-site or off-site public facilities or services;
7. Require more restrictive standards than those generally required in an ordinance; and
8. Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.
D. Final Plan And Development Agreement: Following the approval of the planned unit development, the landowner shall file with the city:
1. A final master plan, to include all elements and modifications to the preliminary plan, as approved by the city council;
2. A final plat, where applicable; and
3. A draft development agreement containing the conditions of PUD approval, specific authorizations for uses and housing types, project phasing and timetables for completion, developer responsibilities, vesting, conveyance of open space and amenities and long-term maintenance, and any other details specified by the city to define code-required and negotiated elements of development to ensure public benefits are realized. The development agreement is subject to the review and approval of the city council and shall not be valid until executed by the landowner and city and recorded.
4. Draft covenants, conditions, and restrictions (CC&Rs) providing for the development and maintenance of the property in accord with the approved plan.
5. Any other documents or details required by the conditions of approval.
E. Expiration: The PUD special use permit shall be valid for two (2) years from the date of the city's written decision. An extension not to exceed two (2) years may be granted by the city council if it finds progress is being made on the development or circumstances beyond the control of the developer have prevented completion of the project. A written request for the extension must be filed with the city clerk prior to the expiration date.
F. Minor Modifications: Minor modifications to lot lines, structure placements, access alignments, or other modifications that were unforeseen at the time of application and do not expand the original boundaries of the project or increase density or intensity of the PUD may be approved by the city administrator or designee prior to the filing of the final plan.
G. Major Modifications: Any requests for major changes to block and lot design, density, exterior boundaries of the PUD, conditions of approval, renegotiated terms of the development agreement or other modifications deemed major by the city administrator shall require a public hearing before the city council, using the same notice and procedures as the original application.