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

   A.   A minimum 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 acre requirements;

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

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

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

   E.   A development pattern in harmony with land use density, transportation and community facilities objectives of the comprehensive plan. (Ord. 2009-05, 9-28-2009)

Whenever there is a conflict or difference between the provisions of this chapter and those of 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. (Ord. 2009-05, 9-28-2009)

A PUD for the following principal uses shall contain an area of not less than:

   A.   Residential: Three (3) acres for residential development (gross land area of PUD);

   B.   Residential With Commercial Or Industrial: Five (5) acres for residential use with subordinate commercial or industrial uses;

   C.   Commercial: Ten (10) acres for commercial use; and

   D.   Industrial: Ten (10) acres for industrial use. (Ord. 2009-05, 9-28-2009)

All uses that may be allowed within the land use zone are permitted within a PUD. Also, up to ten percent (10%) of the gross land area may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the land use zone; provided, there is a favorable finding by the commission:

   A.   The uses are appropriate with the residential uses;

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

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

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

   E.   A minimum of fifty percent (50%) of the residential development occurs prior to the development of the related commercial or industrial land uses. (Ord. 2009-05, 9-28-2009)

   A.   Time Of Filing: 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 equitable interest in such property.

   B.   Time Of Approval: 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. (Ord. 2009-05, 9-28-2009)

   A.   Minimum Requirement: 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: 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.

   C.   Easements; Rights Of Way: 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 commission.

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

   E.   Abutment Required: Every property developed under the PUD approach should be designated 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. (Ord. 2009-05, 9-28-2009)

Underground utilities, including telephone 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 commission finds that such exemption will not violate the intent or character of the proposed PUD. (Ord. 2009-05, 9-28-2009)

To provide for an incentive for quality PUD, the commission may authorize an increased residential density 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: Landscaping (a maximum increase of 5 percent), streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas;

   B.   Siting: 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: 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. (Ord. 2009-05, 9-28-2009)

   A.   Parking Areas; Ingress And Egress: 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.   Design: The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas.

   C.   Areas For Future Expansion: 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. (Ord. 2009-05, 9-28-2009)

   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.   Design: Industrial uses and parcels shall be developed in parklike surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. 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. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.

   C.   Side And Rear Yards; Intervening Spaces: 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. (Ord. 2009-05, 9-28-2009)

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 final development plan, and approval by the board of a final development plan, as specified within this title. (Ord. 2009-05, 9-28-2009)

The developer shall meet with the administrator prior to the submission of the final development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this title and the criteria and standards contained herein, and to familiarize the developer with the comprehensive plan, this title and title 12 of this code, and such other plans and ordinances as deemed appropriate. (Ord. 2009-05, 9-28-2009)

   A.   Filing: An application for approval of the final development plan may be filed with the administrator by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed;

   B.   Required Signature: Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan;

   C.   Expiration/Revocation Of Approval: 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;

   D.   Required Information: At a minimum, the application shall contain the following information:

      1.   Survey: 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;

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

      3.   Schedule Of Development: 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 an exception from standard zoning districts or other ordinances governing development;

   E.   Feasibility Studies And Plans: Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements and nature and extent of earthwork required for site preparation and development;

   F.   Site Plan: Site plan showing building(s), various functional use areas, circulation and their relationship;

   G.   Preliminary Building Plans: Preliminary building plans, including floor plans and exterior elevations;

   H.   Landscaping Plans: Landscaping plans; and

   I.   Deed Restrictions; Protective Covenants: 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.

   J.   Economic Impact Analysis: The applicant shall submit, if deemed appropriate by the administrator or commission, a detailed economic impact analysis evaluating the impacts of the planned unit development upon existing infrastructure and any cost of new infrastructure that may be required to serve the planned unit development including, but not limited to, roads, schools, fire protection, water systems, wastewater collection and treatment systems, air quality programs, water quality programs, solid waste disposal, law enforcement, parks and open space, irrigation delivery systems, libraries and emergency medical services. Written statements shall be solicited by the applicant from affected municipalities, agencies and/or districts, and other service providers commenting on the impact of the planned community upon existing infrastructure and the costs of providing new infrastructure needed to serve the project. All responses received by the applicant shall be submitted to the administrator along with the required economic impact analysis. (Ord. 2009-05, 9-28-2009)

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

   B.   Facts Required To Be Established: The commission shall find that the facts submitted with the application and presented to them establish that:

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

      2.   Independent Units; Uses: 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 or potential surrounding uses, but will have a beneficial effect which would not be achieved under standard zone regulations;

      3.   Streets; Thoroughfares: The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD;

      4.   Commercial Development: Any proposed commercial development can be justified at the locations proposed;

      5.   Exception From Zone Requirements: Any exception from standard zone 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 board;

      6.   Surrounding Area: The area surrounding said development can be planned and zoned in coordination and substantial comparability with the proposed development;

      7.   Conformance With Comprehensive Plan: The PUD is in general conformance with the comprehensive plan; and

      8.   Utility Services: The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed. (Ord. 2009-05, 9-28-2009)

   A.   Approval/Denial: Within sixty (60) days after receipt of the final recommendation of the commission, the board shall either approve, approve with supplementary conditions or disapprove the application as presented. Upon granting or denying the application the board shall specify:

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

      2.   The reason for approval or denial; and

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

   B.   Issuance Of Permits: If the application is either approved or approved with conditions, the board shall direct the administrator to issue zoning permits only in accordance with the approved final development plan and the supplementary conditions attached thereto. (Ord. 2009-05, 9-28-2009)

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 commission finds that such extension or modification is not in conflict with the public interest. (Ord. 2009-05, 9-28-2009)

The purpose of this section 11-8-17 is to provide standards for the review of planned communities and to implement the planned community goals and policies of the Gem County comprehensive plan. Specific planned community regulations shall be adopted by the board of commissioners. (Ord. 2009-05, 9-28-2009)

These regulations shall apply to applications for planned communities that meet the following minimum size and location standards:

   A.   The planned community is a minimum of three hundred twenty (320) acres.

   B.   The planned community site is located outside existing areas of city impact.

   C.   The planned community has a boundary that enhances the area's ability to incorporate or be annexed. (Ord. 2009-05, 9-28-2009)

The applicant shall complete a series of preapplication conferences prior to submittal of an application for a planned community. The purpose of these conferences is to develop a common understanding between staff and the applicant regarding existing site conditions, project design, proposed zoning regulations, potential environmental impacts and mitigation measures, general consistency with local, state, and federal regulations and the Gem County comprehensive plan, and any other relevant issues of the proposed project. (Ord. 2009-05, 9-28-2009)

An application for a planned community shall be submitted to the administrator and shall contain the elements required by this chapter. The administrator shall determine the number of copies of the application required for submittal.

   A.   The applicant or owner shall submit the fee, as set forth by the Gem County board of commissioners by resolution, for the planned community.

   B.   The applicant shall submit a detailed plan that includes the elements required by this subsection, hereafter referred to as the specific plan. These documents and drawings shall provide sufficient information to evaluate future development applications to ensure that the planned services and amenities shall be provided for the anticipated population.

      1.   A vision statement for the use and design of the subject site.

      2.   A list of coordinated goals, objectives, and policies implementing the vision statement and addressing applicable residential, commercial, and industrial development, schools, air and water quality, recreation facilities, special or sensitive areas, the provision of essential public services and utilities, and irrigation delivery systems.

      3.   General land use patterns on site and within a minimum of one mile of the planned community perimeter.

      4.   A natural features analysis including a description of the impact of the project on area groundwater quality.

      5.   A description of the density and/or intensity of land uses proposed within the planned community.

      6.   A general land use map designating land use categories for the entire planned community area.

      7.   Anticipated population of the planned community at completion.

      8.   An assessment of development and population trends documenting the justification of development of a planned community outside of existing areas of city impact.

      9.   Public services and utilities plan describing and depicting the location and type of electric service, natural gas service, storm drainage and flood control systems, wastewater treatment and collection, water service, irrigation, telecommunications and television cable service, public safety service, and schools.

      10.   Circulation plan depicting location, design, and dimensions for the various types of streets, trails, and paths.

      11.   Dedicated open space plan depicting both active and passive recreation areas and pedestrian, equestrian, and bicycle trails.

      12.   Essential public services and anticipated financing plan describing: a phased implementation program; the steps necessary to initiate and maintain each phase of development; the financial assurances provided, including costs of providing utilities, circulation, open space, landscaping, and any other public improvements; and mitigation of negative economic impacts beyond the normally expected incremental impacts of development on affected municipalities and other agencies and/or districts. Each phase shall include sufficient essential public services to serve the anticipated population of that phase, as well as provide for integration into the planned community.

      13.   Description of central design concepts that create themes to guide land use development and to integrate a mixture of land uses. These concepts shall consider predevelopment site conditions, careful placement of public and quasi-public land uses, ample open space areas interconnecting all phases of development with appropriate landscaping, and provision of specific guidelines for construction and placement of improvements.

      14.   A phasing plan indicating the sequence of development, general land uses, and anticipated commencement and completion times of each phase shall be provided, indicating land use types, total area contained, anticipated population levels, and essential public services. Essential public services adequate for the anticipated level of use of that phase shall be provided. The applicant shall also provide a written explanation of why phases should be developed in the proposed sequence and how the progress of each phase shall be measured and monitored by the administrator and the applicant and/or owner. Phasing shall be accomplished so that the integrity of the planned community is maintained at the end of any single phase.

   C.   The applicant shall submit a zoning ordinance amendment, as specified in chapter 15 of this title, to amend the official zoning map to identify the planned community boundaries and designation of the area as a planned community.

   D.   The applicant shall submit a zoning ordinance amendment, as specified in chapter 15 of this title, containing the following regulations for the development and administration of the planned community:

      1.   Purpose statement.

      2.   Applicability (regulations apply in areas identified on official zoning map and specific plan land use map).

      3.   Principal permitted, accessory, conditional, and prohibited uses.

      4.   Setback areas.

      5.   Structure height and bulk.

      6.   Structure and impervious coverage.

      7.   Property size.

      8.   Landscaping requirements.

      9.   Open space requirements.

      10.   Street frontage and access requirements.

      11.   Sign requirements.

      12.   On and off street parking requirements.

      13.   Standards for energy and water conservation.

      14.   Grading requirements.

      15.   Design standards for structures and site improvements.

      16.   Administrative regulations for the implementation and/or revision of the specific plan, as well as subsequent development approvals required prior to construction.

      17.   Any other regulations necessary to implement the specific plan, including applicable fee schedules and amendments.

   E.   The applicant shall submit a detailed economic impact analysis evaluating the impacts of the planned community upon existing infrastructure and any cost of new infrastructure that may be required to serve the planned community including, but not limited to, streets, schools, fire protection, water systems, wastewater collection and treatment systems, air quality programs, water quality programs, solid waste disposal, law enforcement, parks and open space, irrigation delivery systems, libraries and emergency medical services. Written statements shall be solicited by the applicant from affected municipalities, agencies and/or districts, and other service providers commenting on the impact of the planned community upon existing infrastructure and the costs of providing new infrastructure needed to serve the project. All responses received by the applicant shall be submitted to the administrator along with the required economic impact analysis.

   F.   The Gem County Commission and the Board will make a determination on whether the proposed planned community, or annexation to an existing planned community, shall necessitate an update to the Gem County transportation plan. The Board may require the applicant to fund the cost of any necessary update to the transportation plan as a regulation of approval.

   G.   The applicant shall submit any other information necessary to support the purposes of this chapter, as determined by the administrator, commission, or board, as applicable.

   H.   The administrator, commission, or board may make a determination that material changes in conditions have occurred that may require updating, new analysis, or studies of specific issues. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-07, 8-1-2022)

   A.   Specific Plan: The specific plan for a planned community shall be adopted by resolution of the board subsequent to a recommendation from the commission. The administrator shall maintain two (2) complete copies of the adopted specific plan in the files of the Gem County development services department.

   B.   Text And Map Amendments: The zoning ordinance text and map amendments shall be adopted by ordinance and shall be consistent with the regulations of this section 11-8-17.

   C.   Street Names: The applicant will submit street names for the planned community for approval.

   D.   Amendments:

      1.   Applications for amendments to the specific plan, or to add additional property into boundaries of a planned community, shall be processed substantially in the same manner as an original application and as provided in the original zoning ordinance amendment.

      2.   An amendment to the specific plan of a planned community may be initiated by one of the following:

         a.   The original applicant, owner, or the owner's successors and assigns.

         b.   Property owners owning eighty percent (80%) or more of the land area within the planned community.

         c.   The board.

      3.   An owner of property who wishes to include their lands in an existing planned community shall submit written approval of one of the following:

         a.   The original applicant, owner, or owner's successors and assigns.

         b.   Property owners owning eighty percent (80%) or more of the land area within the planned community.

   E.   Periodic Evaluation:

      1.   The administrator shall monitor the development of planned communities and report to the commission and the board every two (2) years after the recordation of the first final plat in the planned community as to the progress and anticipated long term viability of the planned community. The review shall continue until recordation of the final phase. The administrator shall consult with the applicant and property owners within the planned community prior to preparing the report.

      2.   In the event that the board determines, based on reliable information and evidence contained in the administrator's report and the recommendation of the commission, that the planned community has not developed in substantial accord with the specific plan or has caused undue adverse economic impacts on affected municipalities or other agencies and/or districts, the board may initiate hearings to investigate such matters and may, at the conclusion of such hearings, adopt changes to the specific plan to mitigate such undue adverse economic impacts. All such public hearings shall be scheduled and conducted in conformance with the Idaho Code and the Gem County ordinance.

      3.   Any incorporation, annexation, or inclusion of a planned community within an area of city impact shall be processed in accord with applicable state law, the Gem County comprehensive plan, and Gem County ordinance. It is the intent of this chapter to continue the implementation of the approved specific plan as a part of any inclusion of a planned community within an area of city impact. (Ord. 2009-05, 9-28-2009)

   A.   Development within an approved planned community shall be governed by the regulations and requirements of the approved specific zoning ordinance amendment. Where zoning issues arise that are not addressed in the zoning ordinance amendment, this chapter shall apply and govern.

   B.   Despite any other regulations to the contrary, each phase of the planned community shall comply with the general requirements of the approved specific plan and the specific regulations for that phase.

   C.   Each phase shall not be approved unless the necessary essential public services for said phase, as specified in the approved specific plan and related documents, are provided to support the development as it proceeds.

   D.   No development shall be allowed prior to application, review, and approval of the phase in which the development is located. (Ord. 2009-05, 9-28-2009)

In order to approve a planned community application, the board shall make the findings for a zoning ordinance amendment specified in this section 11-8-17 and shall make the following additional findings:

   A.   The proposal complies with all applicable local, state, and federal plans and regulations;

   B.   The proposed planned community provides a land development tool to accommodate population growth outside of existing areas of city impact; and

   C.   The proposal sets forth sufficient and adequate mitigation for the identified economic impacts beyond the normally expected incremental impacts on municipalities and other agencies and/or districts. (Ord. 2009-05, 9-28-2009)