The intent of the planned unit development (PUD) is to provide greater flexibility in land use and encourage greater design creativity than is generally allowed under conventional standards and development approaches, in order to create a better overall development pattern and design. Such a planned unit may incorporate a variety of residential and non-residential land use types, and contain both individual building sites and common property which are planned and developed as a functional unit or neighborhood, which taken as whole, is consistent with the general goals and policies of the City’s Comprehensive Plan, and the overall intent of the City’s zoning ordinance. Performance standards will be based upon the general standards of the underlying zone, and the approved PUD master plan shall be processed in accordance with the standards for a conditional use permit and the procedures and standards of a subdivision. (Ord. 619, 4-13-2021)

A PUD may be approved, if it is determined that it creates an overall design that is consistent with the goals and policies of the City’s Comprehensive Plan, fulfills the general intent and purpose of the zoning ordinance, is compatible with the standards and character of the underlying zone and the Comprehensive Plan future land use designation for surrounding properties, and achieves one or more of the following objectives:

   A.   Allows a variety of housing choices and building types, and permits an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements, balanced by the provision of open space and common areas;

   B.   A more useful pattern of open space and recreation areas is achieved, with more convenience in the location of accessory commercial uses, industrial uses, and services, if applicable;

   C.   The development pattern preserves and utilizes natural topography and geologic features, scenic vistas, waterways, 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/or

   E.   A more energy efficient development, the minimization of stormwater runoff or one with more open space and concentrated density, thematic architectural design, or more beneficial community design and patterns of land use and development will be possible than through the strict application of the zoning ordinance. (Ord. 619, 4-13-2021)

   A.   Whenever there is a conflict or difference between the provisions of this chapter and those of other requirements of this code, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this code.

   B.   In addition to the requirements of this chapter, PUDs shall also be subject to the requirements set forth in title 8, “Utilities”, title 12, “Subdivision Regulations”, of this code; and, all other ordinances, regulations, and policies of the City of Hayden not specifically addressed herein. (Ord. 619, 4-13-2021)

   A.   Ownership Requirements:

      1.   An application for approval of a PUD may be filed by a property owner or a person having a documented equitable interest in the property.

      2.   Before approval is granted to the final development plan, the entire project shall be under single ownership or control, and evidence of legal title must be documented with the final development plan.

      3.   An approved PUD plan shall be binding on all present and future property owners.

   B.   Location of Planned Unit Developments: A PUD may be established in any zone of the City, where the applicant can demonstrate that the proposed development will meet the standards and requirements of this chapter, and is consistent with the goals and policies of the City’s Comprehensive Plan.

   C.   Uses Permitted: All uses allowed within the underlying zoning district are permitted within a PUD. A mix of residential, commercial, industrial or combinations of these land uses may also be permitted within a PUD, subject to the following provisions:

      1.   Residential Uses:

         a.   Residential developments may include single-family and multi-family dwelling units such as townhouses, garden apartments, common wall single-family, other cluster housing and multi-family dwellings, as separately deeded lots, condominium ownership, or as lease or rental housing. In addition, up to 10% of the gross land area of a residential PUD may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the zoning district. More than one land use is allowed on each lot or common area as approved in the PUD master plan. The PUD approval shall consider and approve such nonresidential secondary uses, provided there is a favorable finding that:

            (1)   The uses are appropriate and compatible with the residential uses within the PUD, and the Comprehensive Plan future land use designation for surrounding properties;

            (2)   The uses are intended to serve principally the owners, residents, or occupants of the PUD;

            (3)   The uses are planned as an integral part of the PUD;

            (4)   The uses are located and so designed as to provide suitable access to a collector or arterial street without creating congestion or traffic hazards; and

            (5)   A proposed timetable for development of the various uses is specified, and shall be approved provided that each phase of development is consistent with the above standards, and the overall standards of approval for the planned unit development.

      2.   Non-Residential Uses:

         a.   When a PUD includes commercial uses, commercial buildings and establishments, light industrial uses, recreation uses, etc. those uses shall be planned as groups having common parking areas and common ingress and egress points.

         b.   Side yard and rear yard setbacks of 25', and planting screens and visual landscaping buffers, as required Hayden City Code 11-4-4 of this title, shall be required if the commercial building is located adjacent to an abutting residential use (i.e., existing residence in any zone, a residential PUD, etc.), unless part of a mixed use building. Setbacks and landscaping requirements may be reduced, however, if the applicant can demonstrate an alternate design or building configuration that will provide a comparable level of buffering. Landscaping required abutting residential uses must be maintained until the abutting residential use ceases to operate as a residence and/or is converted to a non-residential uses; at which time the PUD property owners association may request a review to determine if the landscaping buffer can be altered or removed.

         c.   The plan of the project shall provide for adequate and properly arranged facilities for internal traffic circulation, adequate landscaping and buffering, drainage features, and other such features and facilities as may be necessary to make the project attractive and efficient from the standpoint of adjoining and surrounding noncommercial uses within the PUD.

         d.   All areas designed for future expansion or not intended for immediate development shall be landscaped or otherwise maintained in a neat and orderly manner, free of weeds, debris, or screened by fencing.

         e.   Up to 10% of the gross land area of a non-residential PUD may be utilized as residential, industrial, public and quasi-public uses that are not allowed within the zoning district. More than one land use is allowed on each lot or common area as approved in the PUD master plan. The PUD approval shall consider and approve such secondary uses, provided there is a favorable finding that:

            (1)   The proposed uses are appropriate and compatible with each other, and the Comprehensive Plan future land use designation for surrounding properties;

            (2)   The uses are planned as an integral part of the PUD;

            (3)   The location and design of surrounding land use, infrastructure and amenities within the PUD are adequate, appropriate, and compatible with the proposed secondary use;

            (4)   A proposed timetable for development of the various uses is specified, and shall be approved provided that each phase of development is consistent with the above standards, and the overall standards of approval for the planned unit development.

      When measuring for the secondary use not allowed within the underlying zoning district, it is determined by 10% of the gross acreage of the zone district in question. For example, in a PUD which has more than one underlying zone, and the placement of a non-residential component is within a residential zone district, up to 10% of the gross acreage of the residential zone district may be utilized for the non-residential use.

      3.   Mixed Use Buildings:

         a.   Mixed use buildings are allowed in PUDs. The approval of the PUD shall consider and approve such mixed use proposals, provided there is a favorable finding that:

            (1)   The buildings are designed to minimize adverse impacts and accommodate the needs of all differing uses, and comply with all Building Code and Fire Code requirements for all uses encompassed;

            (2)   The proposed uses are appropriate and compatible with each other;

            (3)   The uses are planned as an integral part of the PUD; and

            (4)   The location and design of surrounding land use, infrastructure and amenities within the PUD are adequate, appropriate, and compatible with the various uses within the mixed use building.

         b.   For the purpose of calculating the gross land area of the secondary use, the category of use for a parcel containing a mixed use building shall be based upon the use encompassing the greatest percentage of gross floor space within the building.

   D.   Common Open Space:

      1.   Required Open Space: A minimum of 10% of the gross land area in any PUD project shall be reserved for consolidated areas of common open space for the occupants of the area being developed. Land dedicated for public use (i.e. City, Schools, Art, and Park) may also be considered to meet this requirement. Land dedicated for public rights-of-way, private streets, stormwater management, utility purposes, required landscape buffers, setback areas, greenbelts, and/or common parking areas shall not be considered open space for the purpose of this requirement unless the PUD is less than five acres in size in which case the 10% open space can be combined with required landscape buffers, the perimeter setback area, and greenbelts. In solely non-residential PUDs, common landscaped areas, the 25' PUD setback and Type II landscaped buffer, walking paths, and other features that contribute to a “campus like effect”, may be counted as open space. Where a non-residential PUD abuts a non-residential use, the 25' PUD setback may be waived as long as all other buffer and landscape requirements are met.

      2.   Dedication of Land for Public Use: The required amount of common open space land reserved under a PUD shall be deeded to the property owners’ association by developers of the project for the use of each owner who buys property within the development, and/or the general public. All common open space properties and facilities shall be preserved for their intended purpose, as identified in the approved development plan. Proposed changes in use for designated open space will require an amendment to the final plan for the PUD, which shall be subject to the review and approval of the City Council.

      3.   Management and Maintenance: The developer shall provide for the establishment of a property owners’ association for all owners of property within the planned unit development.

         a.   The association shall own and be responsible for the maintenance of all commonly owned properties, open space, private streets facilities, and other such improvements.

         b.   The property owners’ association shall be created at the time of final approval, with association documents to be recorded with the final PUD plan.

   E.   Density of Development:

      1.   Minimum Lot Size: In a PUD, the minimum lot size provisions of the underlying zone may be waived, except that the minimum lot size requirements of the underlying zone shall serve as the minimum PUD size.

      2.   Density of Residential Development: Where minimum lot sizes for the underlying zone are waived, the average density of development for the PUD shall be equal to the base density of the underlying zone.

      3.   Dedication of Land: To provide an incentive for quality PUDs, a density bonus of up to 20% of the allowable number of dwelling units may be permitted. Character, identity, architectural style and variation, creative physical design, and variety of housing choices may be considered good aesthetics but are not considered for a density bonus. Provided that the applicant demonstrates that the factors identified in 3 (a through e) make a substantial contribution to the overall quality of the development and objectives of the PUD, then the following density bonus may be requested:

         a.   Incorporation of community art in common areas, design of plazas and public meeting areas, and preservation of unique natural features (10 % maximum density bonus);

         b.   Dedication of land to public entities for required community services (i.e. Fire, School, Police, Interstate Transportation Facilities) without reimbursement for land costs (10% maximum density bonus);

         c.   Housing that addresses special needs populations, which accounts for not less than 10% of the total number of housing units within the development. In order to qualify for this density bonus, the qualifying housing units must be specifically designed to meet ADA standards for handicapped accessible housing (ADA compliant), or designed to meet a specific design standard addressing a specific special needs population (10% maximum density bonus);

         d.   Dedicated, affordable workforce housing, which accounts for not less than 10% of the total number of residential dwelling units proposed within the PUD. In order to qualify for this density bonus, the applicant must: (1) demonstrate that the proposed housing type(s) meet(s) the definitions contained herein; and (2) identify a mechanism by which the applicant will ensure provision of the qualifying category of housing for which the density bonus may be granted. “Affordable workforce housing”, for this purpose, shall be defined as housing, for which the initial sales price and any subsequent sales prices, when financed through a conventional residential mortgage program, can be demonstrated to require total annual principal and interest payments not in excess of 30% of 140% of Kootenai County’s median household income for that year, as estimated and reported by the U.S. Bureau of the Census (20% maximum density bonus); or

         e.   Provision of significant recreational area improvements as identified in the Park Strategic Plan without reimbursement by park impact fees (10% maximum density bonus).

      4.   Setbacks and Side Yard Requirements:

         a.   In no event shall the setback from the exterior boundary be less than 25'.

         b.   Zero lot line development, with each unit or a portion of the original lot independently owned, having lot lines along common walls may be permitted in a PUD, providing that:

            (1)   All applicable City, State, and Federal building regulations and Fire Codes pertaining to common wall and zero lot line construction shall be complied with;

            (2)   Common walls shall be adequately soundproofed in accordance with International Building Code requirements;

            (3)   Electric, domestic water supply, sewer, heating and air conditioning systems, and all other incorporated utility systems shall be appropriately designed for each unit of occupancy;

            (4)   Deeds or covenants pertaining to buildings shall contain appropriate provisions regarding maintenance of individually or commonly owned indoor or outdoor walls, common areas, and outdoor yard areas.

            (5)   Maintenance or encroachment easements shall be recorded as necessary for individual owners to assure access to all commonly and individually owned yard areas and outdoor walls.

            (6)   The development otherwise complies with all requirements of Idaho Code, title 55, and all other applicable City codes, policies, and standards. (Ord. 619, 4-13-2021)

The granting of a permit for a PUD shall require a pre-development meeting, the submission of a preliminary development plan, and approval of a final development plan as specified within this section. When the PUD also qualifies as a subdivision, the processing of the final development plan for the PUD and the subdivision application shall occur simultaneously.

   A.   Pre-development Meeting: The developer shall meet with City staff prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss informally the purpose and effect of this chapter and the criteria and standards herein, and to familiarize the developer with the Comprehensive Plan, Zoning title, Subdivision title and such other Code requirements, standards and policies as may be applicable.

   B.   Preliminary Development Plan:

      1.   Application for Preliminary PUD Plan Review: An application for preliminary plan review shall be filed with the City by a property owner or persons having an ownership interest in the property for the proposed PUD. The application shall be accompanied by a written statement by the developer setting forth the reasons that the PUD would be in the public interest. At a minimum, the application shall contain the following information:

         a.   Name, address and phone number of the applicant;

         b.   Name, address, and phone number of registered surveyor, registered engineer, consultant, and/or urban planner assisting in the preparation of the preliminary plan;

         c.   Legal description of the property;

         d.   Copy of the most recent deed of the property;

         e.   Description of existing use;

         f.   The zoning district(s) of the project site;

         g.   A vicinity map at a readable scale, showing property lines, streets, existing and proposed zoning, and other such requirements as the City may deem necessary to demonstrate the project’s applicability to the standards of approval and show the relationship of the proposed PUD to the Comprehensive Plan and to existing schools and other community facilities and services;

         h.   A preliminary development plan, City at 1" = 40' scale and overall site plan to fit on one 11" x 17" sheet, showing:

            (1)   Topography at one foot intervals;

            (2)   Location and type of all land uses;

            (3)   Layout, dimensions and names of existing and proposed streets;

            (4)   Existing and proposed rights-of-way;

            (5)   Utility easements;

            (6)   Common open space, parks, pedestrian pathways, recreational facilities and other community spaces; and

            (7)   Preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas, and other such characteristics as the planner deems necessary;

         i.   Proposed schedule for development of the site, including a phasing plan, if applicable;

         j.   Documentation that the applicant has a sufficient ownership interest in the land to initiate the proposed development plan within one year.

      2.   Public Notice: The same provision for public hearing and legal notification as required Hayden City Code 11-1-4(D).

      3.   Approval in Principle of Preliminary Development Plan: After the public hearing, the Planning and Zoning Commission shall review the preliminary development plan and make a recommendation in principle to City Council. City Council shall consider the recommendations of the planning commission, and may grant an approval in principle for the preliminary development plan based on the following findings:

         a.   The proposed PUD is consistent with the intent and purpose of this chapter;

         b.   The proposed development advances the general welfare of the community;

         c.   The benefits, combinations of land uses, and the interrelationship with the land uses in the surrounding area justify the deviation from standard zoning district regulations; and

         d.   The proposed development at the proposed location meets the standards for approval of a conditional use permit as set forth in section 11-7-3 of this title.

      4.   Approval Duration: Failure to submit a final PUD and preliminary subdivision application within one year after City Council granting of an approval in principle of the preliminary development plan shall cause all approvals of said preliminary PUD plan to be null and void, unless an extension of one year has been applied for by the developer, and approved by the City Council for good cause. Any reapplications will be reviewed under the ordinances in effect at the time of the reapplication.

   C.   Final Development Plan:

      1.   Application for Approval: Upon approval in principle of the preliminary development plan, an application for approval of the final development plan shall be filed with the City by the property owner(s).

         a.   If the proposed PUD involves a subdivision as provided for in title 12 of this code, an application for a preliminary plat, meeting the submittal requirements as required by code, shall be submitted concurrently with the final development plan application, and the same provision for legal notification and public hearing requirements for subdivision, as provided for in title 12, chapter 3 of this code.

         b.   If condominiums are proposed within the PUD, an application for the condominium/townhome plat, meeting the submittal requirements as required by code, shall be submitted once the conditions have been met according to title 12, chapter 9.

         c.   At a minimum, the application for final plan approval 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, and utility lines;

            (2)   All information required on the preliminary development plan, the location and sizes of lots, location and proposed density of dwelling units, and nonresidential building design;

            (3)   A development schedule for all phases, including building and common area improvements; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; requirements for height, open space, building density, parking areas; development density; design principles and streetscapes, if applicable; and public improvements proposed for each phase of the development; and other such information to support the basis for proposed deviations from the underlying zoning district regulations or other ordinances governing development;

            (4)   Site plan, showing building footprints, various functional use areas and their relationship, and circulation plans and patterns;

            (5)   Preliminary building plans, including floor plans and exterior elevations, when the applicant has proposed an exception from the standard zoning district regulations or other ordinances governing development;

            (6)   Landscaping plans; and

            (7)   Deed restrictions, protective covenants and other legal documents used to control the use, development, maintenance of the land and improvements thereon, including those areas commonly owned and maintained.

            (8)   Any items specifically required to be submitted by the City Council’s approval in principal of the preliminary PUD.

      2.   Recommendation by Planning Commission: After review of the final plan by the Planning and Zoning Commission, the commission shall make a recommendation to City Council to approve the final plan and PUD, approve with conditions, or deny. The commission will transmit the record of its review and deliberations, its findings, and recommendations.

      3.   Action by City Council: After review of the final plan and recommendations by the Planning and Zoning Commission, City Council shall approve the final plan and PUD, approve or modify it with conditions, or deny it, based on its evaluation of the proposal against the standards for approval, and its findings.

   D.   Standards for Approval of the Final Development Plan for a PUD: An approval of the final development plan for the PUD may be granted by City Council, if City Council makes the following findings:

      1.   The development is consistent with the goals and purposes of a planned unit development, as defined in section 11-6-2 of this chapter, all standards and requirements of this chapter, the intent and purpose of the Hayden Zoning Ordinance and the Comprehensive Plan.

      2.   The proposed PUD provides for adequate utilities, services, and parking to service the proposed development by;

         a.   Providing a public water supply system that has adequate supply to serve the proposed development; and

         b.   Providing a public wastewater collection system that is designed in accordance with the City’s adopted Collection System Master Plan and has sufficient capacity to accommodate the proposed sewer flows; and

         c.   Providing for public and/or private stormwater system that is designed in accordance with the City’s adopted Stormwater policy and sufficient capacity to accommodate the required stormwater Hayden City Code; and

         d.   Providing adequate accommodation for other utilities to include but not be limited to electrical, gas, phone, solid waste, etc. necessary to support the proposed development; and

         e.   Providing sufficient parking throughout the development to adequately meet the parking needs of all uses proposed in the PUD.

      3.   The proposed PUD provides for an integrated transportation network that adequately serves the proposed development by:

         a.   Providing for the continuation of arterial and collector streets, meeting City standards for traffic volume, in a manner consistent with the City’s adopted Transportation Master Plan; and

         b.   Providing a local street network that allows adequate traffic circulation and snow storage throughout the entire development; and

         c.   Providing a pedestrian and bicycle system designed to provide adequate circulation throughout the entire development and to all open space areas; and

      4.   The proposed PUD provides enhanced community design by:

         a.   Conserving and incorporating the sites significant natural, scenic and/or historical features in the development, if any; and

         b.   Integrating a mix of compatible land uses in the development and adequately buffering and/or separating any incompatible uses in the development; and

         c.   Locating the proposed uses and lot sized in the proposed PUD in a manner that blends with the surrounding uses, neighborhoods, and public facilities located in the City; and

         d.   Providing at least 10% of the gross land area for open space that meets the recreational needs of the users of the development and provides for a variety of recreational uses consistent with the City’s adopted Parks Master Plan; and

      5.   The proposed PUD provides for timely development of the property and security for future completion and maintenance by:

         a.   Ensuring that each development block contains all the necessary elements to exist independently from future blocks; and

         b.   Ensuring that each building in the development lot has sufficient access around the structure to allow for continual maintenance of the building and access for emergency services; and

         c.   Ensuring that a funding mechanism exists to adequately maintain common areas that are not publicly maintained.

      6.   In order to achieve the purposes of this section, the developer may request modification (or exceptions) to the following development standards:

         a.   Any provision pertaining to the height, bulk, setback or maximum dimensions of any facility.

         b.   Any provision establishing buffering, landscaping or other similar requirements pertaining to site design.

         c.   Any provision pertaining to the minimum or maximum dimensions of lot(s).

         d.   Any provision of this title regarding driveways, local streets, and sidewalks except accessibility standards.

      If a preliminary plat is filed with the final development plan for the PUD, the approval may be granted if the City Council makes those findings required for subdivision approvals.

   E.   Approval Duration:

      1.    Single Phase PUD: The approval of a final development plan for a PUD shall continue after recording of the PUD for as long as the improvements exist. Failure to file the final development plan for a PUD and the associated final plat application within two years after the date of City Council approval of the master development agreement which approved the PUD and associated preliminary plat shall cause all approvals of said PUD and preliminary plat to be null and void, unless an extension of one year has been applied for by the developer and approved by the City Council, except if a phased subdivision as provided for in subsection 12-3-4(I)(3) of this Code. After the two years have elapsed, the developer may apply for and receive additional extensions for good cause of time if actual work has been commenced and is continuing on the installation of the improvements up to a maximum of five years, after which the PUD and preliminary plat approval shall be null and void and reapplication for a new PUD and preliminary plat application shall be required.

      2.   Phased subdivision: The application for the first plat in a phased subdivision within the PUD shall be made in accordance with section 11-6-5(E)(1) and 12-3-4 of Hayden City Code and the final plat application for the final phase of a phased subdivision shall be submitted no later than five years after the date of City Council approval of the master development agreement which approved the entire subdivision in concept unless extensions of one year have been applied for by the developer and approved by the City Council or if some other time frame has been agreed to in the master development agreement. (Ord. 619, 4-13-2021)