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HomeMy WebLinkAboutORD 25000 0 BILL NO. 14 ORDINANCE NO. 2500 AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: AMENDMENTS TO ARTICLE 3, SECTION 10- 03 -07, PLANNED UNIT DEVELOPMENTS. REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Article 3, Section 10- 03 -07, Planned Unit Developments, shall be amended by deleting and adding certain language as follows: (1) Purpose: It shall be the purpose of this Section to encourage the unified and planned development of a site held in individual or corporate ownership at the time of development by the use of a planned unit development rop cess. Such developments may be permitted without customary division into individual lots, or without specific conformance with semplianeeta the zoning district regulations as applicable to individual lots subject to the regulations as- beFeipa#teFprovided below. The planned unit development process is intended to provide flexibility, latitude and relief from the provisions of the zoning ordinance in the following instances: 1) where a land parcel is constrained or otherwise limited by some obstacle feature , geometry, condition or easement that interferes with applying standard development processes: 2) where there is a desire to preserve significant amount of open space: 3 to vromote ima inative or unique concepts, innovations and designs: and 41-to accommodate creative mixes of residential and commercial development. The Planned unit development process is not intended to skirt development rules nor create some detrimental impact on the surrounding community through its employment, rather it is intended to provide development flexibility, latitude or relief consistent with one of the aforementioned pursuits. Any latitude, flexibility or relief provided through this land use application, shall be compensated by the addition of some new amenity-within or outside the development. Such an amenit should provide equal or greater value to the development as a whole. The determination of whether the compensation offered is equal to or greater than the relief provided is left, to the Commission and Council's discretion. (2) Policy: Following the spirit and purpose of this Section, much greater latitude is permitted than in conventional and traditional regulations for development. In consideration of the latitude given, and the abstem-e of many ef4hAe-n-enventional the Commission and Council (on appeal) shall have wide discretionary powers in judging and approving or disapproving the imaginative or unique concepts, afld- innovations, and designs which may be incorporated into the plans presented, provided the planned unit development shall conform to the general purposes and objectives of the Comprehensive Plan. (3) Procedures: The use of the procedure given in this z oning s ection superimposes each approved specific planned unit development on the underlying zoning district regulations as an exception to such regulations, to the extent that such planned development shall modify and supersede the regulations of the underlying use zone. The administrative procedures for a planned unit development shall be the same as applied to fey special use permits. OA59ord/ PUD language modification (4) Uses Permitted: Planned unit developments shall be allowed by special use permit feruses as specified in Section 10 -02 -02 of this Chapter. Planned unit development procedures may permit the inclusion of land uses other than those permitted by the existing zoning district regulations subject to the requirements of this Section and provided the Commission shall find that: A. The uses permitted are necessary or desirable and are appropriate with respect to the primary purpose of the development as specified in the order granting the development; and B. The uses permitted are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood. (5) Requirements: Planned unit developments shall comply in all respects with the specific regulations and requirements approved and authorized for such specific planned unit development. (6) Ownership: A planned unit development shall be in one ownership or under a unit control during the planning and developmental state to ensure that the development can be accomplished. (Ord. 2298, 9 -7 -1999) 7 The planned unit development process shall conform to smart rowth principles and practices. (7) Gentained Develepmenti; A planned unit deyelepmeRt shall be essentially independent and- ihooth d'ffapent uses. FGF example, t8ffain, orientat StFeetS and h May GFGate 6UGh shni -lei hA an (8) Community Facilities: The planned unit development shall include site availability for needed community facilities where necessary . For example, the developer of the planned unit development net pmyision may be required feFS+tes fG to provide a site for schools, public safety use, utilities, churches, parks and recreation areas. (9) Flexibility in the applying of zoning development standards: The developer may deviate from the height lot line setback and lot line dimension schedule found in 10- 02 -03, not to exceed twenty (20) percent of a prescribed measurement. Modifications to other zoning standards will be determined on a case -by -case basis. 10 The Applicant shall rely upon the land use development report format for apiplication submittal uZ3 rpose,_ develepment GiDnraepts sha Gon6w w apPFGPF 1 0-Gal OffiGia and 6taff as i deas develep. At R , wh t i me ans the app wisher, tG file the planned un development plan on a focmal basis, the plan Ahn" a-e-WaIR the fol A. An appl fGFM prGvided by the City signed by the develepW of the PFGpGs8d PFoje6t and-by 1. Name and addFGSR- of dA- 10 8 1 OPeF, l and , FGh i teGt, OA59ord /PUD language modification • • . 201r:T. MW £T.!11i�:iTTr1i .115�:!T17iK:1T��T:!Hi1l:RRT . ■;17'�IIM -WA i: P.T _tfli�7fi".*'�1".[i�TJ"!CS3 4 All GUI 10 F88 and i mpmyements within the development Ma, Wh tA r-AP;a u Subdivisions created through the planned unit development process (PUD) : As part of the application process —the subdivider shall provide a narrative explaining what amenities will be incorporated inside or outside the development to compensate for deviation(s) from City development standards and how its construction will satisfy the community's need for a wide range of housing. More specifically, the subdivider shall provide a narrative qualifying the nature and extent of the compensation they are providing in exchange for the request to modify zoning standards via the PUD process. as well as how thev intend to provide a mix of housing to include: entry level, step -up and upper level homes. 12_4% Plat Approval Required: Approval of plats for condominiums or other subdivisions in Planned Unit Developments shall be as prescribed in the subdivision provisions in Chapter 11 of this Code. (Ord. 1451, 12- 13 -77) OA59ord/ PUD language modification s k