A planned unit development (PUD) is a parcel or combination of parcels of land which is planned and developed as a unit under single ownership or control. It may contain one or a mixture of uses, types of buildings, as well as common open space, clustered development and/or recreational facilities. The purpose of the PUD process is to provide opportunity for land development that preserves and utilizes natural topographic, geologic and scenic features; allows a more efficient pattern of residential and commercial uses; fosters innovative design concepts and promotes flexibility in site design; and provides for common open space or other amenities not found in traditional lot by lot development. The PUD process allows the city to approve modifications from the development standards of the underlying zoning designation in order to encourage creative design for land use development than is generally available under conventional zoning regulations. (Ord. 430, 12-16-2008)

Every PUD requires a PUD permit. A PUD shall be subject to applicable development requirements set forth in this code. Whenever there is a conflict or difference between the provisions of this code, the provisions of this chapter shall prevail. (Ord. 430, 12-16-2008)

An application for approval of a PUD may be filed by a property owner(s) 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 of the recorded owner of property included in the development. However, the application may be filed by the holder(s) of an equitable interest in such property. In all applications, sufficient proof that the record owner of the property consents to the submission and processing of the application must be present prior to the zoning official reviewing the application for completeness. The zoning official may require the applicant to submit a title report for the subject property to verify ownership. (Ord. 430, 12-16-2008)

   A.   Standards For Approval: The council may approve a PUD in accordance with the following standards:

      1.   Density Formula: Density of residential areas of the PUD shall be computed apart from the nonresidential uses (including, but not limited to, office, commercial and public uses) of the PUD. For purposes of establishing the density applicable to the residential portion of the PUD, actual density of the residential area shall not exceed the number of dwelling units per acre specified in the zoning district. Residential density in a PUD shall be calculated by multiplying the gross residential area (gross acreage less office, landscaped buffer strips or commercial use area) by the maximum number of dwelling units per acre allowed for the zoning district in which the site is located. A variety of housing types may be included in residential projects including attached units, detached units, single-family units and multiple units. Residential density shall not be provided for the following uses: FEMA designated floodways; slopes over twenty five percent (25%) and public lands.

      2.   Open Space: Developed open space of at least twenty percent (20%) of the gross area is required. (Landscaped open space is mandatory for all developments and minimum landscape ordinance requirements will not be counted as an amenity for the purposes of this provision.) In nonresidential zoning districts, the applicant can request a waiver of the twenty percent (20%) open space requirement from the city council but such waiver must require a minimum of ten percent (10%) of open space of the gross area exclusive of required street buffers and buffers between incompatible land uses. Such a waiver is at the sole discretion of the city council.

      3.   Amenities: Two (2) or more of the following amenities shall be provided as part of each PUD to ensure a public benefit:

         a.   Active open space recreational facilities of a size suitable to meet the needs of the development. Active open space shall be defined as: neighborhood areas that provide gathering areas for active recreation (e.g., such as a playground, picnic area, basketball or tennis court, swimming pool, clubhouse, golf course, open fields, tot lot, and running/equestrian trails).

         b.   Passive open space including public pedestrian or bicycle circulation system within the project (exclusive of required sidewalks adjacent to public right of way) and connecting to existing or planned pedestrian or bicycle routes outside the project, designed and constructed in accordance with standards set forth by the city of Harrison. Passive open space shall be defined as: neighborhood areas that provide a combination of linear open space and scenic features (e.g., ponds, berms and provision of view corridors).

         c.   Other amenities appropriate to the size and uses of the proposed development, as may be proposed by the applicant and approved by the city council (e.g., natural or preserved areas).

         d.   Construction and maintenance of all amenities shall be specified by the applicant prior to approval of the preliminary plat/final development plan. Thereafter such maintenance and operation responsibilities of these facilities shall be undertaken by a homeowners' association or by the city or other governmental entity if dedicated to and officially accepted by the city or other governmental entity.

      4.   Setbacks: Along the periphery of the PUD, setbacks shall be provided as required by regulation of the district in which the development is located unless an exception is provided. Where development already exists at the periphery, the setbacks shall be aligned, where practical. Setbacks for buildings within the interior of the site may be less than required in the designated zoning district. Special landscape buffers between differing uses as set forth in the landscape ordinance shall apply to PUDs. Attached structures may be permitted in PUDs with strict compliance with the building code requirements for party and fire separation walls. The minimum separation between detached structures shall be ten feet (10') unless fire or building codes require modified separation.

      5.   Driveways, Streets And Pathways: Driveways to one- and two-family dwellings shall not be less than twenty feet (20') in width. Service driveways, drive-through lanes and escape lanes shall have a minimum width of twelve feet (12') per lane, without parking on either side. Publicly dedicated streets shall be designed and constructed to city or applicable highway district standards. Private streets may be utilized within the project with standards that are less than public street standards subject to applicable laws and regulations, if approved by the city council and set forth in a development agreement.

      6.   Housing Types: A variety of housing types may be included within a single PUD including, for example: attached units (townhomes, duplexes), detached units (patio homes, single-family and multi-family units), regardless of the underlying zoning classification of the site such that the overall density limit of the zone is maintained.

      7.   Off Street Parking: Off street parking shall comply with the parking requirements of the underlying zone. No common parking or maneuvering areas shall be allowed within twenty feet (20') of the boundary of the PUD. All common parking or maneuvering areas shall be buffered from adjacent properties. The buffer area may include natural features, but must be landscaped (and may include fencing or screen walls) with the objective of minimizing adverse impacts to surrounding properties. In addition to the above requirements, where on street parking is prohibited, at least one-half (1/2) additional parking space per dwelling unit shall be provided either in approved parking bays along the street or in an off street parking area.

      8.   Signs: Signs shall comply with the sign requirements of chapter 6 of this title.

      9.   Stormwater Management: The management of stormwater shall conform to the Idaho department of environmental quality and standard engineering best management practices and any applicable stormwater management policies adopted by the city.

      10.   Other Uses: Other types of uses, in addition to residential, may be permitted within a single PUD (e.g., commercial or industrial) in compliance with the provisions of this code and with the approval of the city council.

      11.   Comprehensive Plan: The PUD must meet the general objectives of the comprehensive land use plan adopted by the city.

      12.   Streets And Utility Services: Existing and proposed streets and utility services must be suitable and adequate for the proposed development.

      13.   Development Agreement: A development agreement shall be required between the developer and the city which delineates commitments of the developer to the city and of the city to the developer.

      14.   Public Hearing Requirement: The PUD is subject to the public hearing requirements of this code.

      15.   Concurrent Review: Concurrent review of other applications may be required. In cases where a subdivision is being proposed or would be required, concurrent review of the detailed PUD and subdivision plat is required.

   B.   Area Size: A PUD shall have a minimum area size of eight thousand (8,000) square feet. All land within the development shall be contiguous as defined under Idaho Code 50-222. Parcels that are not contiguous due to intervening streets are discouraged. (Ord. 430, 12-16-2008)

PUDs are intended to provide particular benefits to the public and to the developer through a mixture of uses and integrated nature of the projects. Public benefit is ensured by the provision of public improvements and the amenities required by this code, and, for infill developments, by the increased efficiency of the use of land and public services. Deviations from the development standards and/or area requirements of the underlying zone may be approved if the proposed uses are not detrimental to present and potential surrounding uses and are not detrimental to the health, safety and general welfare of the public. Any variation from the basic zoning district requirements must be warranted by the design and amenities incorporated in the preliminary plat and/or final development plan. The commission and council may consider lands that include intervening streets on a case by case basis. The commission may recommend waiver or deferral of the minimum lot size, and the council may grant such waiver or deferral for hotels which meet the definition of "hotel" in section 9-1-4 of this title, or resorts which meet the definition of "resort" in section 9-1-4 of this title, and conforms to all other requirements of the "mixed use district (MU)" located in section 9-2-2 of this title. To provide the developer with an incentive to utilize the PUD process, the following deviations from conventional development standards may be incorporated into a PUD proposal:

   A.   Housing Types: A variety of housing types may be included in the planned development.

   B.   Minimum Lot Size: The minimum lot size for each building and setbacks for buildings within the project may be reduced below those normally required for the zoning district.

   C.   Use Exceptions: Twenty percent (20%) of the site may include uses not normally permitted in the designated zoning district.

   D.   Clustering: Buildings may be clustered to preserve scenic, historic, aesthetic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment.

   E.   Conditions Of Approval: The conditions of the approval established for a PUD shall be consistently applied to all phases of the development, unless specifically agreed to otherwise during the approval process.

   F.   Land For Public Use: A residential density bonus may be given for dedications of land for public use such as: school, park, library, public utility, fire station or recreational facility, which are provided to the public entity by donation or at a cost less than, or equal to, the applicant's predevelopment cost for that land.

   G.   Increased Residential Density: The commission may recommend, and the council may authorize, an increased residential density of up to five percent (5%) of the allowable number of residential dwelling units that are allowed in the designated zoning district for each of the following:

      1.   Landscaping, street design and streetscape, open spaces (active and passive uses) and plazas, use of required landscaping, pedestrian walkway design and distribution, and recreation uses.

      2.   Siting visual focal points; use of existing physical features such as topography, view, sun and wind orientation; motorized and nonmotorized vehicle circulation pattern; physical environment; variation in building setbacks and building clustering.

      3.   Design features; street sections (e.g., frontage and backage roads), architectural styles, harmonious use of materials; parking areas augmented by landscape features; and varied use of housing styles and housing options (e.g., estate homes, townhouses).

      4.   Permanent protection of significant natural features, view sheds and historic sites and structures.

   H.   Dwelling Units Allowed: Residential density bonuses for all incentives listed in subsection G of this section may not exceed twenty percent (20%) of the allowable number of residential dwelling units that are allowed in the designated zoning district. (Ord. 430, 12-16-2008)

A minimum of twenty percent (20%), unless otherwise approved, of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities unless a waiver is granted pursuant to section 9-14-5 of this chapter.

   A.   Construction And Maintenance: 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 city council.

   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final PUD plan. The development must have a perpetual agreement to maintain the open space and cannot dissolve this clause in the master declaration or covenants, conditions and restrictions.

   B.   Open Space: Unless otherwise approved, not less than twenty percent (20%) of the total gross area of a residential PUD shall be retained as permanent open space and shall not include strips of less than fifteen feet (15') in width unless designed to accommodate a water feature such as a pond or stream. A minimum of fifteen percent (15%) of land area of a PUD devoted to multiple-family residential uses shall consist of open space. A waiver of the open space requirement may not be granted for a PUD devoted to multiple-family residential uses. Of this required open space, portions may be "common area" used for recreational or other collective enjoyment by occupants of the development, privately owned properties dedicated by easements to assure that open space will be permanent, and lands developed as active recreational areas or preserved in their natural state when such areas contain unique natural assets such as groves of trees, ponds, rivers or streambeds.

   C.   Dimension: In order to be functionally usable, open space should exist in quantities of some minimum dimension. Therefore, the areas of each parcel of open space to be used for active recreational use shall have a size and shape consistent with the planned use.

   D.   Location: Open spaces shall be distributed within projects in locations near the dwelling units of the people they are intended to serve. A minimum of fifty percent (50%) of dwelling units shall be located within one thousand feet (1,000') of designated open space within the planned unit development.

   E.   Open Space Shared Or Public: Land indicated as open space, common areas, amenities (tennis courts, playgrounds, swimming pool, etc.), streets and sidewalks shall be shown on the preliminary plan and provide on the plan that they be permanently maintained as such either by a homeowners' association which provides private covenants, an agreement with the developer, or if suitable and mutually agreeable, by public dedications.

   F.   Easements: Easements for pedestrian/bicycle/equestrian pathways in accordance with the city's comprehensive plan and pathway plan.

   G.   Amenities: Amenities shall be provided as a part of each planned unit development. A minimum of two (2) amenities shall be provided within a development. As the project size increases the number and/or size of the amenities shall also increase proportionally. These amenities may include, but not be limited to, any of the following:

      1.   Private recreational facilities such as a swimming pool, tennis court, barbecue area or playground of a size appropriate to meet needs of the development.

      2.   Provision for public access to any public open space, park or lake/river greenbelt.

      3.   Publicly dedicated land in a PUD for facilities such as school, fire station, well site, public park, and public recreational facility.

      4.   Additional open space for parkways, boulevards, or other features designed to mitigate vehicle/traffic impact.

      5.   Other amenities as approved by the commission and council. (Ord. 430, 12-16-2008)

Underground utility distribution and service facilities, including, but not limited to: telecommunications, water, sewer, irrigation, cable, and electrical systems, are required within the limits of all planned unit developments, appurtenances to these systems which must be effectively screened. (Ord. 430, 12-16-2008)

The plan of the PUD 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. 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. Guidelines for commercial and residential PUDs are as follows:

   A.   Commercial: When proposed within a nonresidential area 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. A twenty foot (20') wide buffer area should be used along the exterior boundary of a PUD when abutting residential areas or uses.

   B.   Residential: When residential projects include commercial uses as allowed in this chapter and are located within a residentially designated area the commercial uses should be designed and scaled to primarily serve the residential portions of the project in which they are located and focus internally to the development. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas. Commercial areas shall not be located on the exterior of the project site so as not to abut existing residential uses. A twenty foot (20') wide buffer area should be used along the exterior boundary of a PUD when similar uses or like sized lots are not provided. (Ord. 430, 12-16-2008)

   A.   Prior to the submission of an application for a PUD, the applicant shall contact the zoning official or their designee and arrange for a preapplication conference. The purpose of this conference is to provide guidance to the developer in preparing the application. Therefore, the developer should request the meeting well before preparing the application materials. A draft site plan and preliminary plat map (if required) shall be available at the preapplication meeting.

   B.   A PUD application may be submitted and processed as a concept plan. The applicant must specify the application and site plan for which approval is being requested. A concept approval is a statement by the city of Harrison that a general development plan including the arrangements of uses, density, location of major streets, open spaces, utilities, etc., is acceptable. A concept review allows the applicant to obtain approval of a general development plan without incurring the expense of detailed building plans until after concept approval. It provides the developer and the city with guidelines for the design of each phase of the project. Supporting information may be required by the zoning official on issues of major importance for the project prior to deeming the application complete.

   Each phase of a concept approval requires detailed subdivision plat approval through a new application, fee and public hearing. The only exception to the detailed subdivision plat requirement is single-family dwellings proposed as the primary use within a development. The single-family dwelling portion of the project shall be reviewed in detail under subdivision requirements of this code.

   C.   Every PUD requires an application, including all plans and information required by this code. Phasing plans shall be included if the project is to be phased. The application is subject to the public hearing requirements of this code.

   D.   Concurrent review of other applications may be required as determined by the zoning official or their designee. In cases where subdivision platting would be necessary, concurrent review of the PUD application may be required. (Ord. 430, 12-16-2008)

   A.   General Application Requirements: An application for approval of a proposed PUD shall be made to the city clerk and shall include all information specified in section 9-9-2 of this title. An application shall not be accepted until the zoning official determines that the application is complete.

   B.   Preliminary PUD Development Plan: Ten (10) copies of the preliminary PUD development plan, which shall consist of drawings and supplementary written material adequate to provide the following information:

      1.   Statement of how the purpose and intent will be achieved by the planned unit development, including sketches or illustrations of the proposed character of the development, a description of how the planned unit development will relate to surrounding land uses and identified key neighborhood features, if any, and whether a zone change, comprehensive plan amendment, variance, floodplain permit, preliminary plat is also requested.

      2.   An outline of the proposed planned unit development stating: land use allocation by type, including the amount of land for housing, density, open spaces, roadways and parking, the number and type of housing units, and how necessary services will be provided and whether services are publicly or privately owned and operated.

      3.   Preliminary drawings at a scale of one inch equals one hundred feet (1" = 100'). The preliminary drawings shall display the following:

         a.   The name of the proposed planned unit development.

         b.   Date, northpoint and scale of drawing.

         c.   Legal description of the planned unit development other than metes and bounds, sufficient to define its location and boundaries.

         d.   Names, addresses and telephone numbers of the owners, designer of the PUD, and engineer, planner and surveyor, if any, and the date of the survey.

         e.   Appropriate identification of the drawing as a preliminary plan.

   C.   Natural Features And Existing Utilities Map: Ten (10) copies of a natural features map showing an inventory of existing site features including:

      1.   Ground elevations shown by contour lines at two foot (2') intervals or less.

      2.   General soil types as documented by a soils engineer or engineering geologist, if necessary.

      3.   Fish and wildlife habitats, and special status plants and animals, if any.

      4.   Existing stormwater facilities.

      5.   Water features, such as ponds, wetlands and watercourses.

      6.   Areas subject to flooding.

      7.   Natural features, such as trees, watercourses, historic sites, and similar irreplaceable amenities.

      8.   Existing on site or abutting sanitary sewer, storm drainage and water supply facilities. If such facilities are not on or abutting the site, an indication of the direction and distance to the nearest ones.

      9.   Width, location and purpose of all existing easements of record on and abutting the site.

      10.   Information on land areas contiguous and adjacent to the proposed planned unit development and existing adjacent areas, including zoning classifications, land uses, densities, circulation systems, public facilities, traffic study, unique natural features of the landscape, and approximate locations of nearby structures.

   D.   Conceptual Site Plan: Ten (10) copies of a proposed conceptual site plan showing:

      1.   The general locations of residential and nonresidential uses.

      2.   Location of major streets.

      3.   The proposed yard requirements for residential and nonresidential uses.

      4.   The existing and proposed traffic circulation system serving the PUD.

      5.   The existing and proposed pedestrian and bicycle circulation system.

      6.   Conceptual plans for all necessary services including their location and whether the services will be publicly or privately owned and maintained. Location of utilities as would tie into the project.

      7.   Proposed location and treatment of any public or private common areas or structures including open spaces, park or recreation areas, and school sites.

      8.   The approximate amount, location and type of buffering and/or landscaping.

      9.   Proposed architectural styles.

      10.   Identification of the location and configuration of open space (active and passive).

      11.   Identification of hazard areas.

      12.   An economic feasibility study.

   E.   Traffic Impact Analysis: All subdivisions containing more than twenty (20) lots shall provide a traffic impact analysis based on information that reflects current traffic conditions. A traffic impact analysis may be required of any development as deemed necessary by the zoning official (or designee) on a case by case basis.

   F.   Development Schedule: A development schedule indicating to the best of applicant's knowledge the approximate date on which construction of all phases of the entire project can be expected to begin, the anticipated rate of development, and completion date. The schedule, if approved by the city council, shall become a part of the final development plan and shall be adhered to by the owner of the property in the planned unit development and his successors in interest.

   G.   Additional Information: Any additional information required by the zoning official (or designee), city engineer, city attorney or city council.

   H.   Approval: Approval of the preliminary development plan does not constitute approval of the final development plan/preliminary plat. If the applicant is requesting preliminary subdivision plat approval concurrently with the preliminary PUD approval, a preliminary subdivision plat shall be submitted.

   I.   Taxes And Assessments: Verification that all outstanding taxes and assessments levied by political subdivisions have been paid on the property included in the application. (Ord. 430, 12-16-2008)

The zoning official (or designee) shall review the preliminary development plan application and draft a written recommendation for the city. On any PUD application, the city council shall submit the application to the commission for a recommendation from the commission. Within sixty (60) days after receipt of the zoning official's or commission's recommendation on a PUD application, the council should hold a public hearing on the application and either approve the application with or without supplementary conditions or give reasons for its disapproval.

The council should find that the facts submitted with the application and presented to them establish that:

   A.   The proposed development shall be initiated within two (2) years of the date of approval.

   B.   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.

   C.   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.

   D.   Any proposed commercial development can be justified at the intensity and locations proposed.

   E.   Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the planned unit development and the adopted policy of the council.

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

   G.   The PUD is in general conformance with the comprehensive plan.

   H.   The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.

   I.   The reasons for approval or denial; and the actions, if any, that the applicant could take to obtain a permit if the application is denied. If the application is either approved or approved with conditions, the council shall direct the zoning official (or designee) to issue zoning permits only in accordance with the approved PUD plan, and preliminary plat and the supplementary conditions attached thereto. (Ord. 430, 12-16-2008)

The applicant may request one extension of the two (2) year time limit not later than thirty (30) days prior to the expiration of the preliminary development plan one year limit. Any extension requested beyond the two (2) year requires that a public hearing be held pursuant to Idaho Code section 67-6509. (Ord. 430, 12-16-2008)

   A.   Application For Approval: Upon approval in principle of a preliminary development plan, an application for approval of the final development plan shall be filed with the zoning official (or designee) 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 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 one year from the date of issuance of the approval. At a minimum, the application shall contain the following information:

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

      2.   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;

      3.   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 proposed an exception from the standard zoning districts or other ordinances governing development;

      4.   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;

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

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

      7.   Landscaping plans;

      8.   Environmental assessment, traffic study, grading plan or other study necessary for the proposed site to substantiate the preliminary development plan approval, including, but not limited to: habitat and wildlife mitigation; fiscal mitigation agreements; design guidelines; approvals from jurisdictional entities and service providers; hydrology studies and water rights; and final site plans; and

      9.   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.

   B.   Recommendation By Commission: Within sixty (60) days after receipt of the final development plan, the commission shall recommend to the council 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 council.

   The 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 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.   Any proposed commercial development can be justified at the intensity and locations proposed.

      5.   Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the planned unit development and the adopted policy of the council.

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

      7.   The PUD is in general conformance with the comprehensive plan.

      8.   The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.

      9.   The reasons for approval or denial; and the actions, if any, that the applicant could take to obtain a permit if the application is denied. If the application is either approved or approved with conditions, the council shall direct the zoning official (or designee) to issue zoning permits only in accordance with the approved PUD plan, and preliminary plat and the supplementary conditions attached thereto.

   C.   Action By The Council: Within sixty (60) days after receipt of the final recommendations of the commission, the council shall either approve, approve with supplementary conditions or disapprove the application as presented. Upon granting or denying the application, the 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 application could take to obtain a permit.

   If the application is either approved or approved with conditions, the council shall direct the zoning official (or designee) to issue zoning permits only in accordance with the approved final development plan and the supplementary conditions attached thereto.

   D.   Expiration And Extension For Approval Period: The approval of a final development plan for a planned unit development 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 planned unit development plan shall be void. All phases of the planned unit development shall be completed within five (5) years of the date of approval, or as otherwise specified in the development agreement; approval of any uninitiated phases will lapse after that time unless a time extension is granted by the council. (Ord. 430, 12-16-2008)

   A.   Prior to final plat approval, the applicant shall either install and complete all private service improvements, including streets, pedestrianways, utilities, landscaping and buffering, or file an improvement guarantee for these items.

   B.   The improvement guarantee is an agreement between the applicant and city specifying a development schedule setting forth when service improvements will be made.

   C.   The agreement shall be in a form satisfactory to the city attorney, and shall be filed with the city clerk.

   D.   The applicant shall file with the agreement one of the following to assure his full and faithful performance:

      1.   A certified check or checks;

      2.   A surety bond executed by a surety company authorized to transact business in the state of Idaho.

      3.   Other surety acceptable to the city.

   E.   Assurance of full and faithful performance shall be for the amount of one hundred fifty percent (150%) of the estimated costs of improvements approved by the city engineer, including related engineering and city inspections.

   F.   At the discretion of the city, the improvement guarantee may be in the form of separate bonds or checks covering individual portions or specific types of improvements, rather than one bond or check covering the work.

   G.   Occupancy permits shall not be issued unless all improvements and conditions of approval have been fulfilled to the satisfaction of the building official.

   H.   The city council shall not authorize the city clerk to return the improvement guarantee or guarantees until the improvements related to the guarantee are complete to the satisfaction of the city council. (Ord. 430, 12-16-2008)

Any subsequent amendment to the final development plan changing location, siting, and height of buildings and structures may be authorized by the city council without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved. In no case shall the city council authorize changes which may cause any of the following without undertaking a public hearing process as required by Idaho law and this code.

   A.   A change in the use or character of the development, or an increase in the overall coverage of structures.

   B.   An increase of the intensity of use.

   C.   An increase in the problems of traffic circulation and public utilities.

   D.   A reduction of off street parking and loading space.

   E.   A reduction in required pavement widths.

   F.   All other changes in use, rearrangement of lots, blocks and building tracts, or in the provision of common open spaces and changes other than those listed above which constitute substantial alteration of the original plan shall require a public hearing and approval by the council. (Ord. 430, 12-16-2008)