Article B: Planned Unit Development Overlay District

3B-1 Purpose

3B-2 Provisions Governing Planned Unit Development

3B-3 Minimum Area

3B-4 Uses Permitted

3B-5 Ownership Requirements

3B-6 Common Open Space

3B-7 Utility Requirements

3B-8 Increased Residential Density

3B-9 Arrangement of Commercial Uses

3B-10 Arrangement of Industrial Uses

3B-11 Procedures for Approval of a Planned Unit Development

3B-12 Pre-Application Meeting

3B-13 Contents of Application for Approval of Preliminary Development Plan

3B-14 Recommendation of Preliminary Plan by the Commission

3B-15 Contents of Application for Approval of Final Development Plan

3B-16 Recommendation by the Commission

3B-17 Action by the Board

3B-18 Expiration and Extension of Approval Period
3B-1 Purpose:

To guide development of land by encouraging planned unit developments (PUD) to achieve the following:

1. 
   A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements;
   
2. 
   A more useful pattern of open space and recreation areas;
   
3. 
   An appropriate location of accessory commercial/industrial uses and services;
   
4. 
   A development pattern which preserves and utilizes natural topography and geologic features, wildlife corridors, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns;
   
5. 
   A more effective use of land than is generally achieved through conventional development resulting in substantial savings through more efficient utilities and streets;
   
6. 
   A development pattern in harmony with land use density, transportation, community facilities, and objectives of the Comprehensive Plan;
   

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

A PUD shall contain an area of not less than the following, however, the Zoning Administrator may permit the submittal of a PUD which does not meet the minimum area requirements provided the Board finds that unique or special circumstances exist with regard to the site so as to warrant the exception and that the PUD will be designed and operated in accordance with the provisions of this ordinance:

A PUD shall contain an area of not less than ten (10) acres:

3B-4 Uses Permitted:

All PUD’s shall require a Conditional Use Permit. The mixed uses may be allowed provided there is a favorable finding by the Commission of the following:

1. 
   That the uses are appropriate with the residential uses;
   
2. 
   That the uses are planned as an integral part of the PUD;
   
3. 
   That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; and
   
4. 
   That the uses are identified and located within the specifically approved development area.
   

1. 
   An application for approval of a PUD may be filed by a property owner 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 or owners of property included in the development. However, the application may be filed by the holder (s) of an equitable interest in such property.
   
2. 
   Before approval is granted to the final development plan, the entire project shall be under single ownership or control and legal title must be presented with the final development plan.
   

1. 
   A minimum of ten percent (10%) of the gross land area development in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed.
   
2. 
   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 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 Board.
   
3. 
   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan and final plat.
   

Underground utilities are required. Appurtenances to these systems which can be effectively screened may be exempt from this requirement if a finding is made that such exemption will not violate the intent or character of the proposed PUD.

To provide for an incentive for quality PUD’s the Commission may authorize an increased residential density in increments of up to fifteen (15%) of the allowable number of dwelling units. Character, identity and architectural and siting variation incorporated in a development shall be considered cause for density increases, increments are as follows:

1. 
   Landscaping (a maximum increase of 5 percent): For example streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas;
   
2. 
   Siting (a maximum increase of 5 percent): For example visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and
   
3. 
   Design features (a maximum increase of 5 percent): For example street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types.
   

1. 
   When PUD’s include commercial uses, commercial buildings and establishments they shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations. Screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.
   
2. 
   The development plan shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping. Other features and facilities as may be necessary to make the project attractive and efficient from the stand-point of the adjoining and surrounding noncommercial areas.
   
3. 
   All areas planned for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner.
   

1. 
   PUD’s may include industrial uses if it can be shown that the use is compatible with surrounding uses.
   
2. 
   Industrial uses and parcels shall be developed in park like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings in a compact grouping to ensure that infrastructure is provided in a cost effective manner and not become a burden on the service providers. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.
   
3. 
   Industrial uses shall be setback a minimum of 300-feet from any adjacent residential uses. All intervening spaces between the right-of-way line and project building line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times.
   

When the PUD also qualifies as a subdivision, the processing of the conditional use permit and subdivision application shall occur at the same time. The procedure shall require:

1. 
   A pre-application meeting with the Planning and Zoning Administrator.
   
2. 
   The submission of a conditional use permit, preliminary development plan, and preliminary plat applications with required number of copies and appropriate fee.
   
3. 
   Public Hearing before the Commission with preliminary recommendations being sent to the Board of Commissioners for their approval.
   
4. 
   The submission of a final development plan and final plat as specified within this Ordinance with appropriate fee and required number of copies of application.
   
5. 
   Review of final development plan and final plat by the Commission, with recommendation being sent to the Board.
   
6. 
   Final application reviewed by the Board resulting in a final decision.
   

The developer shall meet with the Planning and Zoning Administrator prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the implementation of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Unified Development Ordinance and such other plans and ordinances as deemed appropriate.

An application for preliminary PUD shall be filed with the Planning and Zoning Department by a property owner or person having existing interest in the property for which the PUD is proposed. The application shall contain the following information:

1. 
   Name, address and phone number of applicant;
   
2. 
   Name, address and phone number of registered surveyor, engineer or planner assisting in the preparation of the development plans;
   
3. 
   Legal description of the property;
   
4. 
   Description of existing use;
   
5. 
   Description of existing use on surrounding properties;
   
6. 
   A vicinity map at an easily readable scale, showing property lines, streets and such other items as the Administrator may require to show the relationship of the PUD to the Comprehensive Plan and to existing community facilities and services;
   
7. 
   A preliminary development plan showing topography, location and type of residential, commercial and industrial land uses; layout, dimensions and names of existing and proposed streets; right-of-ways; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and other characteristics as the Administrator deems necessary;
   
8. 
   Proposed schedule for the development and phasing plan of the site;
   

9. 
   Evidence that the applicant has sufficient control over the land in the PUD application to start the proposed development plan within two (2) years.
   

K. Additional information or documentation as determined by the Administrator.

1. 
   Within Sixty (60) days after the public hearing the Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Ordinance and of the Comprehensive Plan. Preliminary approval shall not be construed to endorse a precise location of uses, configuration of parcels, or engineering feasibility or construction.
   
2. 
   The Commission and the Board of Commissioner’s shall consider the general standards applicable to conditional use permits and criteria for special uses before approving a preliminary development plan.
   

1. 
   Within Sixty (60) days after the receipt of the Commission recommendation on the preliminary plan the Board shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Ordinance and of the Comprehensive Plan. Preliminary approval shall not be construed to endorse a precise location of uses, configuration of parcels, or engineering feasibility, or construction.
   
2. 
   The Commission and the Board of Commissioner’s shall consider the general standards applicable to conditional use permits and criteria for special uses before approving a preliminary development plan.
   

Upon approval of the preliminary development plan, an application for the final development plan may be filed with the Planning and Zoning Administrator by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. The application, at a minimum, shall:

A. Be signed by the owner attesting to the truth and exactness of all information supplied on the application for final development plan.

B. Clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval

4. 
   Include all information required by the preliminary development plan.
   
5. 
   Include a schedule for the development of phases to be constructed in progression and
   
   1. 
      a description of the design principles for buildings and streetscapes;
      
   2. 
      tabulation of the number of acres in the proposed project for various uses;
      
   3. 
      number of housing units proposed by type;
      
   4. 
      estimated residential population;
      
   5. 
      Anticipated timing for each phase with standards for unit height, open space, building density, parking areas, population density and public improvements.
      
6. 
   Include engineering feasibility studies and plans showing:
   
   1. 
      water,
      
   2. 
      sewer,
      
   3. 
      drainage,
      
   4. 
      electricity and telephone installations;
      
   5. 
      waste disposal facilities;
      
   6. 
      street improvements;
      
   7. 
      the nature and extent of earth work required for site preparation and development;
      
7. 
   Include a site plan showing buildings, various functional use areas, circulation and their relationship;
   
8. 
   Include preliminary building plans, including floor plans and exterior elevations;
   
9. 
   Include landscaping plans;
   
10. 
    Include 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;
    
11. 
    Include evidence that the applicant has sufficient control and continuing legal interest over the land in question to initiate the proposed development plan within two (2) years from final approval;
    
12. 
    Commission etc to be added
    

1. 
   Within Sixty (60) days after receipt of the application for the final development plan the Commission shall recommend to the Board approval, approval with additional conditions or disapproval of the final development plan.
   
2. 
   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 or potential surrounding uses.
   
3. 
   The streets 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 locations proposed and is warranted by the design and other amenities incorporated in the final development plan in accordance with the PUD and the adopted policy of the Board;
   
5. 
   The PUD is in general conformance with the Comprehensive Plan; and
   
6. 
   The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
   

3. 
   The Commission 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 applicant could take to obtain a permit.
   

4. 
   Within Sixty (60) days after receipt of recommendations from the Commission on the application for the final development plan, the Board shall approve, approve with additional conditions or disapprove the final development plan.
   
5. 
   The Board 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 or potential surrounding uses.
   
3. 
   The streets 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 locations proposed and is warranted by the design and other amenities incorporated in the final development plan in accordance with the PUD and the adopted policy of the Board;
   
5. 
   The PUD is in general conformance with the Comprehensive Plan; and
   
6. 
   The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
   

6. 
   The Board shall specify:
   

4. 
   The Ordinance and standards used in evaluating the application;
   
5. 
   The reasons for approval or denial; and
   
6. 
   The actions, if any, that the applicant could take to obtain a permit.
   

7. 
   If the application is either approved or approved with conditions, the Board shall direct the Planning and Zoning Department to issue building permits in accordance with the approved final development plan and the supplementary conditions attached thereto.
   

The approval of a final development plan for a PUD 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 approval of the final development plan shall be void. An extension of the time limit or modification of the approved final development plan may be approved if the Board finds that such extension or modification is not in conflict with the public interest.

3C-1 Statutory Authorization, Findings of Fact, Purpose, and Objectives

3C-2 General Provisions

3C-3 Administration

3C-4 Provisions for Flood Hazard Reduction
3C-1 Statutory Authorization, Findings of Fact, Purpose, and Objectives:
3C-1.1 Statutory Authorization:

The Legislature of the State of Idaho has in Idaho Code 46-1022 delegated the responsibility to local governments to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. 

1. 
   Boise County Waters provide recognized valuable natural resource functions and that prudent preservation, protection and management is necessary to assure the public health, safety and welfare.
   
2. 
   The flood hazard areas of Boise County are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
   
3. 
   These flood are caused by the cumulative effect of obstructions in Area of Special Flood Hazard (ASFH) which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas.  Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
   
4. 
   Inadequate culverts or bridges combined with obstructions during times of high run-off, in all areas of Boise County, have caused flooding and contributed to losses on individual properties, neighboring properties, county, state and federal land.
   
5. 
   Implementing this Flood Damage Prevention Overlay District allows Boise County and its residents to be eligible for FEMA support and funding.
   

It is the purpose of this Section to promote the public health, safety, and general welfare; to assist property owners in the reduction of annual cost of flood insurance; and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. 
   Protect human life and health;
   
2. 
   Minimize expenditure of public money for costly flood control projects;
   
3. 
   Minimize the need for rescue and relief efforts associated with flooding which may be at the expense of the general public;
   
4. 
   Minimize prolonged business interruptions;
   
5. 
   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in Special Flood Hazard Areas;
   
6. 
   Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
   
7. 
   Ensure that potential buyers are notified that property is in an area of special flood hazard;
   
8. 
   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
   
9. 
   Ensure that any land use change will not have any net adverse impacts on flood plain functions, including consideration of cumulative impact and ensure that appropriate analysis techniques are employed to determine the cumulative effects;
   
10. 
    Ensure that new developments will prepare flood management plans, enforceable by local governments, which include operation and maintenance of any development-related flood management facilities;
    
11. 
    Ensure that no development shall adversely affect the riparian and aquatic habitats of the waters of Boise County; and
    
12. 
    Protect continuous riparian corridors and flood plain wetlands that provide flood storage and mitigate peak flows.