A.

The purpose of the PUD is to provide an opportunity for exemplary site development that meets the following objectives.

1.

Preserve and utilize the terrain's natural topographic, geologic and scenic features;

2.

Initiate a more efficient pattern of residential and commercial uses;

3.

Foster innovative design concepts by promoting site design flexibility; and

4.

Provide for common open space or amenities not found in a traditional development application.

B.

It is not the intent that the PUD process be used solely for the purposes of deviation from the City's development rules, dimensional standards in the district, or to cut financial corners at the community's expense. The PUD shall meet the intent of the City's adopted Comprehensive Plan zoning designation.

(Ord. No. 2024-06, § 2, 4-16-2024)

A PUD can be developed in all districts, excluding Industrial and Agricultural zones. It shall be unlawful and a violation of the Kuna Development Regulations Code for any person to use, construct, locate, initiate, alter, or maintain and structure, land or real property, or to cause any structure, land or real property to be used, constructed, located, initiated or maintained, in any manner which violates, omits, or fails to conform to any procedure, standards, and/or requirements set forth in this chapter.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Pre-application Meeting: A pre-application meeting with city staff and other applicable agencies is required prior to submission of an application for a PUD. A draft site plan shall be required for the pre-application meeting.

B.

Application Requirements: An application and supporting documents in accordance with KCC 5-4 shall be submitted to the Director.

1.

A PUD is akin to an overlay zone or district and requires processing through the Special Use Permit (SUP) process.

2.

A PUD requires a Development Agreement.

3.

At the discretion of the Director and/or City Engineer, appropriate supplementary information may also be required to sufficiently detail the proposed development within any special development area, including, but not limited to; hillside, floodplain, cemetery, manufactured home parks, or hazardous or unique areas of development. Phasing plans shall be included in the application if the project is to be phased.

C.

Concurrent Review: Concurrent review of other applications may be required as determined by the Director. In cases where subdivision platting would be necessary, concurrent review of preliminary plat is required.

D.

Notice: All PUD applications shall comply with the public noticing procedures in accordance with KCC 5-5-2 and Idaho State Code.

E.

Public Hearing Requirements: All PUD applications shall comply with the public hearing procedures in accordance with KCC 5-4 and Idaho Code.

F.

Decision: In accordance with KCC 5-4-4 a decision on a PUD is made by the City Council based on the recommendations of the Planning and Zoning Commission.

(Ord. No. 2024-06, § 2, 4-16-2024)

The council may approve a PUD, having considered a recommendation by the commission, in accordance with the following standards/considerations:

A.

General use standards:

1.

Deviations from underlying district requirements: Deviations from the official height and area regulations of the district in accordance with KCC § 5-8-504, may be approved. The exception is that along the periphery of the PUD, the applicable setbacks as established by the district shall not be reduced. There shall be no encroachment into any public utility or city utility easement unless otherwise approved by the City Engineer and/or Public Works Director.

2.

Allowed uses: Applicant may request that specific conditional or accessory uses(s) allowed in the district be allowed as principal uses(s).

3.

Interconnected uses: The uses within the PUD are interconnected through a system of roadways and/or pathways as appropriate. Private streets and alleys may be permitted, if designed and constructed to the transportation authority standards and in accordance with KCC § 5-8-1501.

4.

Building clusters: Buildings may be clustered to preserve open space. The clustering of dwelling units and commercial uses is encouraged as long as the landscape buffers, open space and emergency access are adequately planned and sufficiently mitigate land use impacts. Landscape buffers shall be utilized to separate different uses in order to minimize potential nuisance on adjacent properties. The city may require clustering to avoid development in river areas, floodways, wetlands or other environmentally sensitive areas.

B.

Open space: A minimum ten (10) percent of the development's gross land area shall be set aside for open space purposes and mutually exclusive of the required residential landscape buffers as applied to the development, according to the city's adopted landscape requirements.

1.

The open space shall be distributed throughout the PUD as to provide recreation and open space access to all residences of the development and their guests;

2.

Open space areas shall be adequate in size to accommodate these residents and their guests;

3.

Land set aside for open space purposes shall be high quality land rather than some disposable land remnant; and

4.

Dedicated and/or public purpose lands are those that are accepted by the city for public use. Lands considered for this purpose must be sufficient in size and scope to accommodate specific public need(s), free of encumbrances, pose no health or safety issues and serve the public interests as determined by the Kuna City Council, in order to qualify for this designation and the ensuing city acceptance. Land dedicated for public use may be eligible for bonus density opportunity.

C.

Residential use standards

1.

Multifamily: Multifamily dwellings may be allowed when approved through a PUD.

2.

Housing types: A variety of housing types may be included within a PUD, including attached units (townhouses, duplexes), detached units (Patio homes), single family and multifamily units, regardless of the district classification of the site, provided that the overall density limit of the underlying zoning district is maintained.

3.

Density formula: A residential density bonus may be given for dedications of public use such as schools, parks, fire stations or recreational facilities provided the public entity by donation or at a cost less than, or equal to, the applicant's predevelopment cost for that land. The bonus shall be proportional to the amount of land being dedicated. For example, if ten (10) percent of the total property is being dedicated, the density bonus shall be ten (10) percent. However, in no case shall the bonus exceed fifteen (15) percent of the units permitted by the underlying zoning district.

D.

Infill planned unit developments: Lots and parcels that are a minimum two (2) acres to maximum of six (6) acres in area and located in substantially developed areas of Kuna (where at least eighty (80) percent of the land area within three hundred (300) feet of the boundaries of the parcel is built upon), and where municipal services (sewer, water, fire, police and schools) are available to the lot or parcel, may qualify for infill development status. Upon recommendation of the Commission, the Council may approve exceptions to other sections of this chapter as an incentive for infill development as follows.

1.

The decision-making body may allow up to a twenty-five (25) percent increase in the density permitted for the district in which the site is located.

2.

The decision-making body may also modify the amenity requirements set forth in this chapter depending on the size and scale of the PUD.

E.

Approval criteria and conformance with zoning: In approving the PUD, the Council may prescribe appropriate conditions, additional conditions, and safeguards in conformity with this title that:

1.

The uses are compatible with the development and adjoining residential uses;

2.

The uses are an integral part of the PUD;

3.

The uses are located and so designed to provide direct access to functionally classified streets as a means to minimize congestion or traffic hazards;

4.

The underlying zoning and other applicable regulations under this title are met, except as the applicant has specifically requested modifications to the standards as part of the PUD;

5.

The proposed uses are not detrimental to the present and potential surrounding uses, nor are they detrimental to the health, safety and general welfare of the public and taking into account the physical features of the site, public facilities, and existing adjacent developments and uses;

6.

The density of the PUD, when considered in its entirety, shall be in substantial conformity with the density of the underlying zone;

7.

The PUD is compatible with the Kuna Comprehensive Plan;

8.

Existing and proposed streets and utility services are suitable and adequate to the proposed development; and

9.

A Development Agreement is executed between the developer and the city which delineates commitments of the developer to the city and of the city to the developer, including but not limited to, assurances for public and private improvements and maintenance of the same.

(Ord. No. 2024-06, § 2, 4-16-2024)

Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a PUD request, the Council shall make the following findings:

A.

The PUD demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design;

B.

The PUD preserves the significant natural, scenic and/or historic features;

C.

The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity;

D.

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

E.

Community facilities, such as parks, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways;

F.

The proposal complies with the density and the use standards requirements in accordance with KCC § 5-8-5;

G.

The amenities provided are appropriate in number and scale to the proposed development; and

H.

The PUD is in conformance with the Comprehensive Plan.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

If a conflict should arise between the provisions of this chapter and other chapters of this title, the provisions of this chapter shall prevail, except health and safety related issues shall follow the more restrictive code. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title.

B.

The PUD is subject to the requirements set forth in Kuna City Code Title 4, Chapter 5 (Flood Control Regulations); Title 6 (Land Subdivision Regulations); building codes; and the comprehensive plan. All commercial, multifamily and common areas are subject to the requirements found in KCC § 5-8-904 (Design Review Overlay District).

(Ord. No. 2024-06, § 2, 4-16-2024)

A planned unit development shall contain an area of not less than two (2) acres, except in the central business district (CBD) where there shall be no underlying land area requirement, other than those associated with the zone's lot dimensions. The director has the capacity to vary dimensional standards by up to twenty (20) percent with the planning and zoning commission's concurrence.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Residential uses:

1.

Housing types: A PUD may incorporate a variety of residential and mixed-use housing types including, but not limited to, attached units (townhomes, duplexes), detached units (patio homes), single-family and multifamily units, mixed-use (where one (1) floor is residential and another is commercial) and regardless of the site's underlying zoning classification, provided that the overall density limit of the zone is maintained and provided the housing application is in accordance with the city's comprehensive plan.

2.

Residential infill planned unit developments: Lots and parcels that are a minimum two (2) acres in area and located in substantially developed areas of Kuna (where at least eighty (80) percent of the land area within three hundred (300) feet of the boundaries of the parcel is built upon), and where municipal services (sewer, water, fire, police and schools) are available to the lot or parcel may qualify for infill development status. A parcel of land located in Ada County, annexing into the city, may be considered for PUD infill purpose if it can meet infill criterion. Accordingly, the council may approve infill development PUD applications based on documentation that the site meets the prerequisite infill requirements and verification that municipal infrastructure and services such as roads, water, sewer, fire flow and fire protection devices are adequately available to the site.

3.

Infill incentive: The council may allow up to a twenty-five (25) percent increase in the density of the property's underlying zone to encourage infill development, with a recommendation from the Commission or Director.

4.

Amenity modification: The Council may also modify the amenity requirements set forth in this chapter with a recommendation from the Commission or Director.

5.

Other uses: All uses that may be permitted or specially permitted within the underlying land use zone are allowed within a PUD. Uses other than those noted in the underlying zone may be permitted on a case-by-case basis (see KCC § 5-8-1110). No more than thirty (30) percent of the PUD's gross land area may be dedicated for mixed-use land application to include public or quasi-public uses, except in the central business district (CBD) where there shall be no percentage requirement, unless the dedication can satisfy a deficiency or goal in the comprehensive plan or capital improvement plan and as approved by city council on a case-by-case basis.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

A PUD is not permitted in the industrial and agricultural zones. A PUD is allowed in the residential and commercial zones, provided that the council makes the following findings:

1.

The uses are compatible with the development and adjoining residential uses.

2.

The uses are an integral part of the PUD.

3.

The uses are located and so designed to provide direct access to functionally classified streets as a means to minimize congestion or traffic hazards.

4.

The underlying zoning and other applicable regulations under this title are met, except as the applicant has specifically requested modifications to the standards as part of the PUD.

5.

The proposed uses are not detrimental to the present and potential surrounding uses, nor are they detrimental to the health, safety and general welfare of the public and taking into account the physical features of the site, public facilities, and existing adjacent developments and uses.

6.

The density of the planned unit development, when considered in its entirety shall be in substantial conformity with the density of the underlying zone.

7.

The PUD meets the general objectives of the Kuna Comprehensive Plan.

8.

Existing and proposed streets and utility services are suitable and adequate to the proposed development.

9.

A development agreement is executed between the developer and the city which delineates commitments of the developer to the city and of the city to the developer, including but not limited to, assurances for public and private improvements and maintenance of same.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Taking into account the Commission's findings and recommendations, the Council may authorize specific uses generally not permitted by the use regulations of the zone(s) in which the development is located and provided the use is in accordance with the adopted comprehensive plan. In granting such authorization, the Council shall make the following findings:

1.

The uses permitted by the exception are strongly related to the development's principal use and serve the purpose of providing services or facilities useful or complementary to the principal use.

2.

No more than thirty (30) percent of the total area of the development shall be devoted to the mixed-uses permitted by the exception, unless the exception can satisfy a deficiency or goal in the comprehensive plan or capital improvement plan and as approved by Council on a case-by-case basis. The percentage of use exception allowed will be determined by the Commission and Council based upon the size of the project and intensity of the use exceptions. The thirty (30) percent provision shall not apply to land dedicated for public use.

3.

The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the primary use(s), with a minimum of ten (10) percent of the primary use initiated prior to the excepted use.

4.

The uses permitted by the exception are integrated into the overall project and relying on the following criteria:

a.

Location within convenient walking distance of the primary uses.

b.

Utilization of one (1) or more of the primary uses main vehicular accesses as the primary access to the exception site or by means of an integrated connection to the exception site through a system of roadways and/or pathways.

c.

Providing pedestrian and bicycle pathway connections with the primary use site.

d.

Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site.

e.

A continuation of architectural themes and designs, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent, harmonious and thread throughout the PUD.

f.

The uses permitted by the exception are neighborhood serving in size and character, and not detrimental to adjacent neighborhoods.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Planned unit developments are intended to provide particular benefits to the public and to the developer through the mixture of uses, variety of housing product, mixture of densities and integrated nature of the projects. Public benefit is ensured by the provision of public improvements and the amenities required by this chapter and for infill developments by the increased efficiency of the use of land and public services. To provide incentive(s), the following development flexibilities may be incorporated into a PUD proposal:

1.

Provides for a variety of mixed-uses and housing types.

2.

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, with the exception of peripheral boundaries, provided the reduction does not create health or safety issues and can satisfy utility easement considerations.

3.

Uses not normally permitted in the zoning district may be allowed as part of a planned unit development, up to a maximum thirty (30) percent as established in this chapter and provided; the uses are in accordance with the comprehensive plan text and compatible with land uses in the immediate vicinity.

4.

Buildings may be clustered to preserve scenic or environmentally sensitive areas in their natural state or to consolidate small open spaces into larger more usable areas for common use, enjoyment and economies of scale.

5.

A residential density bonus may be given for dedications of land intended for public use such as a school, park, fire station or recreational facility provided to the public entity by donation or at a cost less than, or equal to, the developer's predevelopment cost for that land. For example, if ten (10) percent of the total property is being dedicated, the density bonus shall be ten (10) percent. However, in no case shall the bonus shall not exceed twenty-five (25) percent of the units permitted by the zoning district on the undedicated portion of the land.

(Ord. No. 2024-06, § 2, 4-16-2024)

A PUD application shall be filed by the owner(s) or their representative.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Areas intended for stormwater use, occupied by overhead high-power lines, designated as Brownfield areas or possessing related health or safety conflicts, may not qualify as open space as determined by the commission and/or the director.

B.

Maintenance: The responsibility for the maintenance of all open spaces shall be determined by the developer and the city before approval of the final development plan. Conditions of development approval shall include language that the open space not dedicated to the public entity shall be perpetually maintained pursuant to recorded CCR's addressing the method and manner of open space care and maintenance.

(Ord. No. 2024-06, § 2, 4-16-2024)

Utility distribution and service facilities, including but not limited to, telephone and electrical systems, shall be placed underground within the confines of the planned unit development. Any unavoidable above ground utility and service appurtenances must be effectively screened.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

To assure development flexibility, the planning and zoning commission may recommend increasing the residential density up to fifteen (15) percent of the allowable number of dwelling units according to the zone's underlying zoning density. Increased density consideration shall be based on character, identity, architectural and siting variation incorporated in the development. The following shall be relied upon for determining level of bonus density:

1.

Landscaping; streetscape; open spaces and plazas; use of existing landscaping; pedestrian way treatment; and recreational areas.

2.

Siting visual focal points; use of existing physical features such as topography, view, sun and wind orientation; circulation pattern; physical environment; variation in building setback; and building grouping (such as clustering).

3.

Design features; street sections; architectural styles; harmonious use of materials; parking areas broken by landscaping features; and varied use of housing types.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

When the planned unit development includes commercial uses and structures it shall feature common parking areas and shared driveway accesses in order to reduce traffic conflicts. Landscape plantings or fence screening shall be provided along the perimeter of the PUD's commercial areas abutting residential in accordance with the city's landscape ordinance (see Chapter 10 of this title).

B.

The stand-alone or mixed-use commercial development 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.

All areas designed for future expansion, not intended for immediate improvement or development shall be landscaped as soon as weather permits and maintained in a neat and orderly manner.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

When the PUD includes the subdividing of land, the processing of the special use permit and preliminary plat shall occur at the same time. The granting of a special use permit for a PUD shall require a pre-application conference and the submission of a preliminary development plan (concept plan). The preliminary development plan is a conceptual plan intended to show the Commission the proposed intent and use of the land. Approval of the conceptual plan does not constitute approval of the final development plan/plat.

B.

A PUD is subject to a special use permit to include submittal of plans and information required by Chapter 9 of this title. The PUD is subject to the public hearing requirements noted in Chapter 4 of this title.

C.

If the PUD includes other land use applications they may be concurrently reviewed and considered.

D.

The developer shall fill out the application form and provide all of the required documents, and information. The PUD application form is found on the internet at www.cityofkuna.com or can be obtained at the City of Kuna Planning and Zoning Department. The application form itemizes the pertinent information that is required at the time of preliminary development plan submission.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

A pre-application conference with the Planning and Zoning Department and other affected agencies is required prior to the submission of an application for a PUD. The purpose of this conference is to provide guidance to the developer in preparing their application. A draft site plan and preliminary plat map may be required for the pre-application meeting.

B.

The City staff and fire district shall review the submitted plans and data and advise the developer as to the general conformance or nonconformance of the proposed development with the Kuna City Code, Title 6, Subdivision Regulations.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

After the pre-application review, the developer may proceed with processing the preliminary development plan by paying all the required fees, filing a preliminary development plan along with other required applications and by providing the following information:

It should be noted, all drawings need to be signed and stamped by an engineer licensed to do work in Idaho with the exception of concept drawings and residential structures that do not require a licensed engineer's review.

B.

A preliminary development plan, which shall include drawings and supplementary written narrative materials to include:

1.

Sketches or illustrations portraying the proposed character of the development; and sketches or illustrations of items subject to design review;

2.

Description of how the PUD relates to surrounding land uses;

3.

Vicinity map identifying neighborhood features within a half-mile of the location;

4.

The nature of other land use actions requested;

5.

If the PUD involves a preliminary plat, include the number of phases and a description of each one;

6.

A narrative identifying and addressing the following: Land use allocation by type, percentage, density, open space, roads, parking, housing, commercial or industrial uses, services provided and public or private ownership and other information that may be pertinent and or material.

C.

Preliminary drawings at a scale of one (1) inch = one hundred (100) feet displaying the following:

1.

The name of the proposed PUD;

2.

Date, north point and scale of drawing and identity of the person(s) preparing the drawing;

3.

A boundary survey legal description of the PUD;

4.

Names, addresses and telephone numbers of the developer and any of the following involved in the project: Architect, landscape architect, designer, engineer, planner and nurseryman;

5.

Date of survey and name of surveyor;

6.

Appropriate identification of the drawing(s) as a preliminary plan.

D.

A natural features map showing an inventory of existing site features including:

1.

Ground elevations shown by contour lines at two-foot intervals or less — five-foot intervals may be accepted for slopes greater than ten (10) percent;

2.

General soil types as documented by a soils engineer or engineering geologist;

3.

Hydrology: Analysis of natural drainage patterns and water resources including an analysis of streams, natural drainage swales, wetlands, floodplain areas or other areas subject to flooding, poorly drained areas, permanent high groundwater areas, and seasonally high groundwater areas as they may be located on-site or be affected by on-site activity;

a.

Proposed and existing stormwater facilities;

b.

Water conveyance facilities;

c.

Water features, such as ponds, wetlands and permanent or intermittent watercourses;

d.

Areas subject to flooding.

4.

Natural features, such as trees, vegetation and groundcover, historic sites, major rock outcroppings, and similar type amenities;

5.

Sanitary sewer, storm drainage and water supply facilities. If such facilities are not on or abutting the site, indicate the direction and distance to the nearest such facilities;

6.

Width, location and purpose of all existing easements of record on/and abutting the site;

7.

A map describing land areas contiguous within three hundred (300) feet and adjacent to the proposed PUD, including zoning classifications, land uses, densities, circulation systems, public facilities, unique natural features, and approximate locations of nearby structures.

E.

A proposed site plan showing:

1.

The locations of all existing and proposed dwelling units and/or individual lots;

2.

Location of major streets;

3.

The proposed yard requirements or locations of single-family homes for individual lots;

4.

The existing and proposed traffic circulation system serving the PUD including, off-street parking and maneuvering, points of access to existing public rights-of-way, and a plan notation or descriptive narrative outlining ownership of streets and parking areas;

5.

The existing and proposed pedestrian and bicycle circulation system;

6.

Conceptual plans for all services including their location and whether the services will be publicly or privately owned and maintained, including the location of utilities connections. Note: Any services intended to be privately owned (sewer, water, street, etc.) requires the city engineer's prior review and approval;

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 general landscape treatment proposed along the site's periphery and in accordance with provisions of the city's landscape ordinance;

9.

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

10.

Proposed architectural styles;

11.

The subdivider may be required to submit proposed restrictive covenants, in outline form.

F.

Environmental assessment, traffic study, grading plan or other studies as may be appropriate for the proposed site as determined by the commission or the director.

G.

If the applicant is requesting preliminary subdivision plat approval concurrent with the preliminary PUD approval, a preliminary subdivision plat shall be submitted along with the PUD conceptual site plan.

H.

Development schedule: A development schedule indicating the approximate date on which construction of all phases of the entire project can be expected to begin. If the schedule is approved by the commission, it shall become a part of the final development plan.

I.

Additional information as may be required by the city staff or commission.

(Ord. No. 2024-06, § 2, 4-16-2024)

The same provision for hearing and legal notification as required for special use permits shall be followed (see KCC § 5-8-801).

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

The Commission shall review the preliminary development plan (conceptual plan) and supporting documents to determine if they are consistent with the intent and purpose of this title, whether the proposed development advances the general welfare of the community and neighborhood, and whether the benefits, combination of various land uses, and the interrelationship with the land uses in the surrounding area justifies the PUD application. The Commission shall make a recommendation to Council who makes the final determination whether or not the preliminary development plan application is sufficient and meets the city's goals and objectives.

B.

The Council's approval in principle of the preliminary development plan shall be necessary before any applicant may submit a final development plan. Approval shall not be construed to endorse a precise location of use, configuration of parcels or engineering feasibility. The Council shall consider the general standards and criteria for special uses before approving, or denying the preliminary development plan.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Upon approval in principle of a preliminary development plan (conceptual plan), the final development plan application may be filed with the Director by the developer for the entire PUD, or a final development plan for the first phase of development if it has been approved for a phased development. The application shall be signed by the developer attesting to the truth and exactness of all information supplied on the application for final development plan.

B.

The application shall clearly state the approval expires and maybe revoked if construction on the first phase has not begun within two (2) years from the date of approval for those developments that are less than eighty (80) acres in area and their subsequent development phases will be according to an approved phasing plan. If the development is greater than eighty (80) acres in area, the developer will be provided thirty (30) months to construct the first phase. At the developer's discretion, a development greater than eighty (80) acres in area may be subject to PUD approval for the entire development, to include an approved phasing plan or a separate PUD for each phase. At a minimum, the application shall contain the following information.

C.

The final development plan may be submitted after City engineering approval of the detailed improvement plans that shall include street constructions, utility locations, drainage, dedications of easements and public facilities, along with a proposed phasing schedule. Maintenance agreements, etc., shall be prepared and submitted for review and approval at this time.

D.

Items that shall be included in the final development plan:

1.

Drawings and information: The final development plan shall be provided in the following formats: One (1) large twenty-four-inch × thirty-six-inch (24" x 36") print of the plan with signature page made of good quality tracing paper or Mylar® drafting film; one (1) large twenty-four-inch × thirty-six-inch (24" x 36") print on white paper and one (1) eleven-inch × seventeen-inch (11" x 17") print on white paper.

2.

Information required on the plan: In addition to that required by the preliminary development plan, or otherwise specified by law, to include the following:

a.

Reference points of identified existing surveys related to the PUD plan by distances and bearings and referenced to field book or map, including stakes, monuments or other evidence found on the ground and used to determine the boundaries of the PUD.

b.

The location and width of streets and easements intercepting the boundary of the tract.

c.

Easements and stormwater drainage facilities clearly identified and, if already of record, their recorded reference. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the PUD shall be shown. If the easement is being dedicated by the plan, it shall be properly referenced in the owner's certificates of dedication.

d.

Identification of land to be dedicated for any purpose, public or private.

e.

Other plans and studies as required at preliminary approval such as a grading plan, soils engineer report, traffic study, detailed landscaping and buffering plans where required.

3.

Additional certificates or drawings:

a.

A certificate signed and acknowledged by all parties having any recorded title interest in the land, consenting to the preparation and recording of the PUD.

b.

Signed acknowledgement that if the final approval is granted, a written instrument dedicating the land intended for public use shall be tendered and recorded to make the final approval effective.

c.

A certificate with the seal of and signed by the surveyor responsible for the survey.

d.

A title report issued by a title insurance company verifying ownership of all real property that is to be dedicated to the public.

e.

A copy of any deed restrictions applicable to the PUD.

4.

A detailed design/site plan for the PUD site including:

a.

The location of proposed buildings and structures, parking and maneuvering areas and/or the location of allowable building areas of individual lots;

b.

Building setback lines that are to be made part of the PUD restrictions;

c.

The location and type of proposed buildings, structures or improvements in common open space areas;

d.

Preliminary building plans, including floor plans and exterior elevations;

e.

The location and detailed information for all proposed streets, with ACHD approval for public streets and city and fire marshal approval for private streets;

f.

Approved engineering feasibility studies and plans showing water, fire hydrant, sanitary sewer, stormwater drainage, electricity, telephone and natural gas installations; waste disposal facilities, and street improvements;

g.

Plans for additional improvements such as pedestrian ways, street lighting, public utilities, street trees, etc.

5.

A schedule of 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; 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.

6.

A landscaping and buffering plan for common open space areas, the periphery of the PUD and other required locations. The plan shall show area to remain in natural vegetation; and, in a clear manner, the area, sizes, numbers and general types of plant and other materials to be used. Revegetation of common open space areas and periphery areas disturbed during the construction of services. An improvement guarantee of a sufficient amount shall be required to assure timely completion if the work cannot be completed prior to occupancy of dwellings or as otherwise required by the conditions of approval.

7.

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.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

The Commission shall recommend to the Council approval, approval with modifications, or disapproval of the final development plan. The Commission shall base an approval on evidence that the final development plan fulfills the requirements of the preliminary PUD approval and all applicable requirements of this title have been met.

B.

The Commission shall find that the facts submitted with the application and presented to them establish that:

1.

Construction of the proposed development shall be initiated according to the timeframes noted in KCC § 5-8-1120.B.

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; 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 zoning district regulations.

3.

The proposed public rights-of-way are suitable and adequate to carry anticipated traffic. The additional traffic loading on the surrounding street network system will not exceed the street's carrying capacity as measured through the level of service (LOS) determined for roadways.

4.

Any proposed commercial development may be justified, in terms of compatibility, integration and support of the primary use at the location(s) proposed.

5.

Any modification from City Code provisions is warranted by the design and other amenities incorporated in the final development plan.

6.

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

7.

The planned unit development 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.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

The Council shall approve, approve with modifications or disapprove the final PUD plan and the final subdivision plat or phasing proposal where applicable. Approval of the final plan shall constitute the requirements for the land in the PUD. Any material changes sought by the developer must be evaluated by the Commission and approved by the Council, except as noted in KCC § 5-8-1125.A.

B.

The Council shall specify the reason(s) for granting or denying the application to include reliance on the following criteria:

1.

The ordinance and standards used in evaluating the application;

2.

The reason(s) for approval or denial;

3.

The actions, if any, that the developer could take to obtain approval (in the circumstance where the application is denied); and

4.

If the application is either approved or approved with conditions, the Council shall direct the issuance of zoning permits in accordance with the approved final development plan and the supplementary conditions attached.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

The approval of a PUD's final development plan shall be according to the timeframes noted in KCC § 5-8-1120.B, to allow for preparation and recording of the required subdivision plat and the development of the project. If the development effort has not been diligently pursued during the allocated timeframe the development plan shall become null and void.

B.

All phases of the planned unit development shall be completed in accordance with a timeline contained in a development agreement; any default in the development agreement by the developer may, at the election of the city, void approval of phases not yet under construction. Time extensions may be obtained through modifications of the development agreement.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Prior to issuance of building permits for structures, the applicant shall either install and complete all private service improvements, including streets, pedestrian ways, 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 (1) of the following to assure their full and faithful performance:

1.

Certified check;

2.

An irrevocable letter of credit issued by a financial institution authorized to do business in the State of Idaho;

3.

Other surety acceptable to the city.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Any subsequent amendment to the final development plan changing location, siting and height of buildings and structures may be authorized by the Commission 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 Commission authorize changes without additional public hearings, which may cause any of the following:

1.

A change in the use or character of the development, including ownership.

2.

An increase in overall coverage of structures or significant changes in types of structures.

3.

An increase of the intensity of use or types of usage.

4.

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

5.

A reduction of off-street parking and loading space.

6.

A reduction in required pavement widths.

B.

All other changes in use, rearrangement of lots, blocks and building tracts, or in the provision of common open spaces and changes in addition to those listed above, which constitute substantial alteration of the original plan shall require a public hearing before the Commission and approval by the Council.

(Ord. No. 2024-06, § 2, 4-16-2024)