It is the policy of the City to guide major land development projects, embracing a combination of land uses, by encouraging planned unit developments to achieve the following:

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

   E.   A development pattern in harmony with land use density, transportation, and community facilities objectives of the City's Comprehensive Plan. (Ord. 626, 10-7-2002)

A "planned unit development" is a use of land and structures, not necessarily adhering to the zoning requirements, which has been approved by the City Council as provided by this Chapter. (Ord. 626, 10-7-2002)

Whenever there is a difference between the provisions of this Chapter and those of the other chapters, the provisions of this Chapter shall control. The respective provisions found elsewhere in this Title shall govern subjects not governed by this Chapter. (Ord. 626, 10-7-2002)

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

   A.   Three (3) acres for residential use;

   B.   Five (5) acres for manufactured home developments;

   C.   Ten (10) acres for residential use with subordinate commercial use;

   D.   Ten (10) acres for commercial use;

   E.   Ten (10) acres for industrial use. (Ord. 626, 10-7-2002)

All uses that may be allowed within the land use district are permitted within a PUD. In addition, up to ten percent (10%) of the gross land area may be directed to other uses that are not allowed within the land use district, provided:

   A.   That the uses are appropriate with the primary use;

   B.   That the uses are intended to serve principally the properties within the PUD;

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

   D.   That the uses are located and so designated as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards;

   E.   That a minimum of fifty percent (50%) of the primary use development occurs prior to the development of the related uses. (Ord. 626, 10-7-2002)

Planned unit developments shall comply in all respects with the specific regulations and requirements approved and authorized for such specific planned unit development. Specific requirements are as follows:

   A.   Maximum building coverage in conformance with the underlying zoning district regulations, in addition to the provisions of subsection 11-16-8A;

   B.   Minimum perimeter setbacks in conformance with the underlying zoning district regulations;

   C.   Maximum height of buildings shall not exceed that specified for the underlying zoning district;

   D.   Overall allowable density shall be no greater than that allowed in the underlying zoning district in which the property is located, except, that the City Council may grant additional density for any project which it feels would benefit the public interest and further the objectives of the City Comprehensive Plan to encourage an adequate housing stock. (Ord. 626, 10-7-2002)

A property owner or a person having a contractual interest in the property to be included in the PUD shall file an application for approval of a PUD. The application shall be filed in the name or names of the recorded owner or owners of property included in the PUD. However, the holder(s) of an equitable interest in such property may file the preliminary application. Before approval is granted to the final development plan, the entire project shall be under single ownership and evidence of legal title must be presented with the final development plan. Single ownership shall include ownership by a corporation or partnership. (Ord. 626, 10-7-2002)

   A.   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.   The required amount of common open space land reserved under a PUD shall be held in corporate ownership by owners of the project area for the use of each owner and similar easements or right of way is usable as a trial or other similar purpose.

   C.   Every property 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. (Ord. 626, 10-7-2002)

A homeowners' association shall be created to insure adequate maintenance of use-in-common areas, facilities and structures. Maintenance responsibility shall remain with the owner of the PUD until seventy five percent (75%) of the lots or units are sold. Thereafter, the maintenance responsibility shall be as specified in the declarations, covenants and restrictions, or articles of incorporation and bylaws previously filed by the owner-subdivider with the Gooding County Recorder prior to the final plat approval of the PUD. A trust fund, established for the maintenance of the common areas, must be included in the articles of incorporation. (Ord. 626, 10-7-2002)

All streets must be built to the same standards required of all new public streets built in Gooding. Underground utilities, including telephone, cable and electric systems are required within the limits of all PUDs. The developer at his own expense shall install all lines, except telephone, gas, and cable TV. All utilities shall be given proper easements by deed upon the final plat. All main water, sewer and electrical lines shall become the property of the City, upon acceptance by the City, and all maintenance shall be performed by the City upon the main lines only. All connecting laterals to main water and sewer lines shall be the responsibility of the individual homeowner or the PUD's homeowner's association.

If at any time the homeowners association of a PUD petitions the City to take a private street for maintenance, the City may refuse to accept the street, or it may refuse to accept the street until it is brought to City maintenance standards. Under no circumstances shall the City accept for maintenance the common area of a PUD. (Ord. 626, 10-7-2002)

A planned unit development shall be essentially independent and contained. It shall be physically disassociated from surrounding properties, particularly those with different uses. For example, terrain, orientation, streets and highways, woods or rivers, sight-proof fencing or natural barriers shall create this physical disassociation. If containment is impossible, either the development should be disapproved or approval should be conditioned on the density, design and degree of development insuring achievement of the objectives of this Chapter in the manner in which the site is used. (Ord. 626, 10-7-2002)

Each PUD developer shall deliver a set of finalized "restrictive covenants" to the City Council prior to final plat approval. These covenants shall contain, at a minimum:

   A.   No lot, home, share or interest in the PUD may be purchased without signing the "restrictive covenants" accepting its conditions.

   B.   All owners shall belong to the homeowners' association.

   C.   All owners agree to a monthly direct deposit to the homeowners' association trust fund. The fund is to be used for the maintenance of the PUD's common areas. (Ord. 626, 10-7-2002)

PUDs of forty (40) acres or more shall include site availability for needed community facilities not otherwise provided for. For example, provision may be required for sites for schools, public safety buildings, utilities, parks and recreation areas. This Section may not be avoided by dividing parcels from an original tract into units of less than forty (40) acres so as to phase a development whether it consists of strictly PUD's or not. (Ord. 626, 10-7-2002)

The requirements on a preliminary plat for a PUD shall be the same as specified in the Subdivision Ordinance 1 except that the following additional information shall be submitted:

   A.   Approximate percentage of area intended for use-in-common;

   B.   Description of intended type of use and of operation, including justification for the project;

   C.   Approximate maximum height of buildings;

   D.   For residential use, number of single-family dwelling units and of multiple-family dwelling units intended;

   E.   Topography to show direction of drainage with maximum contour intervals of twenty feet (20') extending no less than one hundred fifty feet (150') beyond the boundaries of the development area;

   F.   All structures and improvements within the development area, which are to remain;

   G.   Tentative street pattern and pedestrian walkway pattern separate from streets, within the development area, showing intended street width;

   H.   Tentative location of building lots and/or building areas, and major areas intended for use-in-common;

   I.   The initial draft of articles of incorporation, association bylaws, restrictive covenants, and other legal documents as required. (Ord. 626, 10-7-2002)

The developer shall submit to the City Engineer for approval the drawings for utilities, street improvements and building construction in PUDs. (Ord. 626, 10-7-2002)

The fee for filing a preliminary plat for a PUD shall be set by resolution of the City Council. (Ord. 626, 10-7-2002)

The preliminary plat along with association bylaws, restrictive covenants, and other required documents shall be submitted to the Planning and Zoning Commission for review. Upon being reviewed and approved or disapproved by the Planning and Zoning Commission, the preliminary plat and other documents shall be submitted to the City Council. If the preliminary plat, the bylaws, restrictive covenants and other required documents are accepted for further processing, the plat shall be returned to the Planning and Zoning Commission for public hearing. Revisions requested by the applicant while preparing for the public hearing shall be accepted or rejected by the Planning and Zoning Commission. (Ord. 626, 10-7-2002)

A public hearing before the Planning and Zoning Commission on the preliminary plat shall be held as provided for in Section 11-16-17 when the same is returned to the Commission by the City Council. A date for hearing shall be set at such a time as sufficient information has been submitted for a meaningful public hearing. Additional prints shall be supplied as required.

   A.   Notice of hearing shall be given in the manner prescribed by the zoning law of the City for special use permits.

   B.   Following conclusion of the hearing, the Planning and Zoning Commission shall transmit the results of the hearing together with its recommendations to the City Council. (Ord. 626, 10-7-2002)

The City Council shall consider the results of the public hearing and recommendations of the Planning and Zoning Commission and either approve the preliminary plat or disapprove it with reasons for such disapproval, in which event a revised plat may be submitted to the Planning and Zoning Commission for rehearing. Upon approval of the preliminary plat, the applicant may proceed toward final plat approval. (Ord. 626, 10-7-2002)

Upon approval of the preliminary plat for a PUD the procedures to be followed for final platting shall be the same as required in the Subdivision Ordinance except that the following will be required:

   A.   Design and layout of use-in-common areas with any specific recreation areas indicated;

   B.   Perimeter fencing, where required, in height, material and area to be fenced;

   C.   Design, layout of entrance treatment and entrance signs;

   D.   Landscaping plans showing grassed areas and general location and kinds of planting;

   E.   Typical plot plan for each type of building including entranceway, walkways, parking areas, fencing and sight screening;

   F.   Final draft of restrictive covenants, association bylaws and articles of incorporation, and other legal documents as required. (Ord. 626, 10-7-2002)

All improvements, amenities, recreational areas, use-in-common, parking, fencing, walkways, curb and gutter, streets and other improvements shown on the final plat and associated documents shall be constructed prior to recording the final plat or bonding shall be required in the amounts and as otherwise specified in the Subdivision Ordinance. (Ord. 626, 10-7-2002)

Upon approval and recording of any final plat drawing involved, building permits may be issued. The plot plan for each building or for each contiguous group of buildings shall not preclude minor adjustments being permitted by the Building Official which do not violate the building spacing and/or setback requirements which have been approved. (Ord. 626, 10-7-2002)

In the event a material condition of approval of a PUD is violated or is unfulfilled within any time limit set, or applicable provisions of this Title are materially violated, the City Council may, either on recommendation of the Planning and Zoning Commission or on its own initiative, give required notice and hold a public hearing on the question of revocation of the approval given and of any permits issued pursuant thereto. After concluding the hearing, the Council shall make appropriate written findings of fact and if it elects to revoke the approval and/or permits, it shall do so by resolution. In such event any improvements already made shall be used in accord with existing use zone regulations. (Ord. 626, 10-7-2002)

Any developer wishing to develop a PUD over a series of years shall comply with the additional requirements and regulations set forth in this Section. Each phase of such development shall contain all the necessary elements and improvements to exist independently from proposed future stages in a stable manner and shall comply with all applicable zoning regulations.

   A.   Development Plan: In addition to the PUD application date, the developer shall submit to the City a development plan. The Plan, if approved, shall be the master plan for the entire project subject to modification by the developer through same procedures as required for approval of original plan; and, subject to additional regulations of subsequently adopted or amended ordinances and statues; and subject to additional requirements imposed by the Commission or Council due to changes in the development plan or as a result of subsequent subdivision or development of neighboring properties. After approval of the development plan, the developer shall submit to the City a preliminary plat and final plat of each phase of the project built or to be built. A public hearing will be required on all development plans as specified in this Chapter. However, the public hearing requirement may be waived on preliminary plans originating from an approved development plan, where the preliminary plan is in substantial conformity to the approved development plan.

   B.   Preliminary Plats: Upon approval of a development plan, the developer shall file a preliminary plat for each stage of his development in conformance with the approved development plan. (Ord. 626, 10-7-2002)