It shall be the policy to guide a major development of land construction by encouraging planned unit developments (PUD) to achieve the following:

   A.   Orderly and functional arrangement of land uses and buildings;

   B.   Development which is consistent with adopted comprehensive plans, future acquisition maps and area of impact ordinances;

   C.   A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements;

   D.   A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of residual commercial and industrial uses and services;

   E.   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, avoids hazardous areas, and prevents the disruption of natural drainage patterns;

   F.   A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets;

   G.   A development pattern in harmony with the land use, transportation and public facilities elements of the comprehensive plan; and

   H.   Preservation of natural and manmade scenic areas and protection of sites of historical or archaeological value through appropriate site design reviews. (1984 Code § 5-14-1)

   A.   Applicability: Whenever an application is submitted for a "planned unit development", as defined in section 10-3-2 of this title, the procedures set forth herein shall apply.

   B.   Base Zone: Planned development, either residential, commercial or industrial, may only be placed over a corresponding "base zone" (e.g., planned residential developments shall only be applied for in an existing residential zone), or shall have an application for a base residential zone filed concurrently with the planned development application (e.g., applications for rezoning to a commercial designation as set forth in this title shall have an application for a planned commercial development submitted and processed concurrently).

   C.   Dedications: Dedication of, or offers to dedicate interest in, real property for specific purposes, which may include, but are not limited to, roadways, rights of way, schools, bikeways, bus facilities, parks, libraries and fire stations, shall be shown on development plans. Such dedications may be made a condition of approval of a planned development if: 1) it is substantiated by the governing board responsible for those facilities that such additional facilities would serve the public interest in such locations; 2) such facilities would be in accordance with the applicable comprehensive plan in effect as of the date of acceptance of the application by the zoning administrator; and 3) the amount and location of land to be dedicated bears a reasonable relationship to the demand generated by the proposed development.

   D.   Improvements: Improvements, consistent with the pattern established in the area, or as shown on any officially adopted comprehensive plan or component thereof, shall be required as a condition of approval of a planned development. Improvements may include, but are not limited to, paving, curbs, gutters, sidewalks, bikeways, water lines, sewer lines, drainage works, bus turnouts, streetlights and landscaping. All improvements required as part of the final development plan shall stipulate that a bond, or similar financial arrangement, in the amount equal to the estimated cost of the improvements, plus twenty percent (20%), shall be posted prior to the city issuing an occupancy permit for any part of the development. Bonding requirements for multiphase projects shall be applied to each phase as finalized and shall not consider future phases.

   E.   Concurrent Processing: An application for a planned development may be accompanied by all other discretionary requests, such as changes of zone, variances, conditional use permits and plats which may relate to the proposal. Zone change applications that are processed concurrently with a planned development application may be filed with the zoning administrator, but shall not become finalized until the provisions of this section are met.

   F.   Conflict: Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title. (1984 Code § 5-14-2)

All uses that may be allowed within the land use district are permitted within a PUD. Also, up to thirty percent (30%) of the gross land area may be directed to other uses that are not allowed within the land use district; provided, there is a favorable finding by the planning and zoning commission:

   A.   The uses are appropriate with any applicable residential uses;

   B.   The uses are intended to serve principally the PUD;

   C.   The uses are planned as an integral part of the PUD;

   D.   The uses be located and designed to provide direct access to a collector or an arterial street without creating significant congestion or traffic hazards; and

   E.   That a minimum of fifty percent (50%) of the residential development occurs prior to the development of the related commercial or industrial land uses. (1984 Code § 5-14-3)

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 holders of an equitable interest in such property. Before approval is granted to the final development plan, the entire project shall be under single ownership or control and legal title must be presented with the final development plan. (1984 Code § 5-14-4)

   A.   Minimum Area: A minimum of ten percent (10%) of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed.

   B.   Ownership Or Dedication: The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation and related uses. Public utility and similar easements and rights of way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right of way is usable as a trail or other similar purpose and approved by the planning and zoning commission.

   C.   Maintenance: The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.

   D.   Abutment, Clustering Of Dwellings: Parcels developed under the PUD approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used, there shall be no more than eight (8) townhouse units in any contiguous group. (1984 Code § 5-14-5)

Underground utilities, including telecommunications and electrical systems, are required within the limits of all PUDs. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the planning and zoning commission finds that such exception will not violate the intent of character of the proposed PUD. (1984 Code § 5-14-6; amd. Ord. 682, 5-10-2021)

To provide for an incentive for quality PUD, the planning and zoning commission may authorize an increased residential density of up to fifteen percent (15%) of the allowable number of dwelling units. Character, identity and architectural and siting variation incorporated in a development shall be considered cause for density increases; provided, these factors make a substantial contribution to the objectives of the PUD, which are as follows:

   A.   Landscaping (a maximum increase of 5 percent), streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas;

   B.   Siting (a maximum increase of 5 percent) visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and

   C.   Design features (a maximum increase of 5 percent), street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. (1984 Code § 5-14-7)

   A.   When PUDs include commercial uses, commercial buildings and establishments 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. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.

   B.   The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas.

   C.   All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner. (1984 Code § 5-14-8)

   A.   Industrial Uses Allowed: PUDs may include industrial uses if it can be shown that the development results in a more efficient and desirable use of land.

   B.   Industrial Use Requirements:

      1.   Industrial uses and parcels shall be developed in parklike surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking area, loading areas or docks and/or outdoor storage of raw materials or products.

      2.   A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required.

      3.   Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.

      4.   Project side yards of forty feet (40') and a rear yard of fifty feet (50') shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right of way line and project building line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times. (1984 Code § 5-14-9)

When the PUD also qualifies as a subdivision, the processing of the special use permit and subdivision application shall occur at the same time. The granting of a special use permit for a PUD shall require a preapplication, the submission of a preliminary development plan and approval by the city council of a final development plan as specified within this chapter. (1984 Code § 5-14-10)

The developer shall meet with the zoning administrator prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this chapter and the criteria and standards contained herein, and to familiarize the developer with the comprehensive plan, this title and such other plans and ordinances as deemed appropriate. (1984 Code § 5-14-11)

   A.   An application for preliminary PUD shall be filed with the zoning administrator by a property owner or person having existing interest in the property for which the PUD is proposed. At a minimum, the application shall contain the following information filed in triplicate:

      1.   Name, address, email address, and phone numbers of applicant;

      2.   Name, address, email address, and phone numbers of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;

      3.   Legal description of property;

      4.   Description of existing use;

      5.   Zoning districts;

      6.   A vicinity map at a scale approved by the city engineer, showing property lines, streets, existing and proposed zoning and such other items as the city engineer may require to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services;

      7.   Fifteen (15) copies of a preliminary development plan at a scale approved by the city engineer showing topography at two foot (2') intervals; location and type of residential, commercial and industrial land uses; layout, dimensions and names of existing and proposed streets; rights of way; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telecommunications and natural gas and other characteristics as the planning and zoning commission deems necessary;

      8.   Proposed schedule for the development of the site; and

      9.   Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years.

   B.   The application for preliminary PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the PUD would be in the public interest. (1984 Code § 5-14-12; amd. Ord. 682, 5-10-2021)

The procedure for public hearing and legal notification shall be as required by Idaho Code section 67-6512. (1984 Code § 5-14-13; amd. 2014 Code)

   A.   Time Limit; Considerations: Within thirty (30) days after the public hearing, the planning and zoning commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this chapter; whether the proposed development advances the general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The planning and zoning commission's approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels or engineering feasibility.

   B.   Other Criteria: The planning and zoning commission shall consider the general standards applicable to special use permits and criteria for special uses before approving in principle a preliminary development plan. (1984 Code § 5-14-14)

Upon approval in principle of a preliminary development plan, an application for approval of the final development plan may be filed with the zoning administrator by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the owner or the lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval. At a minimum, the application shall contain the following information:

   A.   A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses;

   B.   All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties;

   C.   A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes and exception from standard zoning districts or other ordinances governing development;

   D.   Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telecommunication and natural gas installations; waste disposal facilities; street improvements and nature and extent of earthwork required for site preparation and development;

   E.   Site plan, showing buildings, various functional use areas, circulation and their relationship;

   F.   Preliminary building plans, including floor plans and exterior elevations;

   G.   Landscaping plans; and

   H.   Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained. (1984 Code § 5-14-15; amd. Ord. 682, 5-10-2021)

   A.   Within sixty (60) days after receipt of the final development plan, the planning and zoning commission shall recommend to the city council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The planning and zoning commission shall then transmit all papers constituting the record and the recommendations to the city council.

   B.   The planning and zoning commission shall find that the facts submitted with the application and presented to them establish that:

      1.   The proposed development can be initiated within two (2) years of the date of approval;

      2.   Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations;

      3.   The site design conforms to the topography and natural landscape features and shows consideration for the location and function of land uses and structures to achieve this purpose;

      4.   The development is compatible with existing and planned permitted uses and would not cause damage, hazard or nuisance to persons or property in the vicinity;

      5.   The internal street system is designed for the efficient and safe flow of vehicles and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor placing an undue burden upon existing transportation and other public services in the surrounding area;

      6.   Community facilities, such as park, recreational and open space areas are functionally related to all dwelling units and are easily accessible via pedestrian and/or bicycle pathways. Any common usable open space which may be provided shall be directly accessible to the lots which have been reduced in size from the minimum lot size, and to multi-family developments within the development;

      7.   Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the city council;

      8.   The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;

      9.   The PUD is in general conformance with the comprehensive plan;

      10.   The existing and proposed utility services are adequate for the population densities and residential uses proposed. (1984 Code § 5-14-16)

   A.   Within sixty (60) days after the receipt of the final recommendation of the planning and zoning commission, the city council shall either approve, approve with supplementary conditions or disapprove the application presented. Upon granting or denying the application, the city council shall specify:

      1.   The ordinance and standards used in evaluating the application;

      2.   The reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to obtain a permit.

   B.   If the application is either approved or approved with conditions, the city council shall direct the zoning administrator to issue zoning permits only in accordance with approved final development plan and the supplementary conditions attached thereto. (1984 Code § 5-14-17)

The approval of a final development plan for a PUD shall be for a period not to exceed two (2) years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within two (2) years after approval is granted, the approved final development plan shall be void. An extension of the time limit or modification of the approved final development plan may be approved if the planning and zoning commission finds that such extension or modification is not in conflict with the public interest. (1984 Code § 5-14-18)