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)