Idaho Falls council debates rescinding PUD rules, weighs private streets and discretion

Idaho Falls's City Council spent the bulk of a Sept. 21 work session debating whether to rescind or revise the city's Planned Unit Development (PUD) rules, focusing on private streets, the limits of council discretion under the current code and the long-term risks of HOA-maintained infrastructure.

Mayor (speaker 1) opened the conversation by asking council to identify priority problems and next steps; council members then discussed definitions, compatibility standards and how much discretion the land-use authority should retain. One council member argued that PUDs are "quasi-judicial" and that the current code is interpreted as leaving little room for council judgment, while another said the city's PUD tool can enable infill and more affordable housing when used carefully. Planning staff described the ordinance's existing "higher standards," such as increased buffer widths, a 25% minimum common-space requirement and phase-tied amenity delivery.

Several councilors urged removing or sharply limiting private streets that leave road maintenance to HOAs, citing emergency access, plowing and long-term maintenance liabilities. Council member Freeman (functional label) said safety concerns drive that view, noting a previously approved private-street design he worried would be difficult for a ladder truck to navigate. Planning staff and the public works director cautioned that adopting a single, high bar for streets could render some parcels undevelopable and urged a balanced approach: revise code language, strengthen staff reports, and consider alternatives such as a planned development (PD) zone or development agreements.

Council debated process options: rescind the PUD ordinance entirely and start over, adopt targeted amendments (for example, no private streets and clearer perimeter setbacks), or impose a limited moratorium on new PUD applications while staff drafts changes. Staff noted that several complete PUD applications are already in the pipeline and would likely proceed under existing rules if council acts by rescission; that reality influenced calls for a more measured, piecemeal approach. A final council vote on whether to move the rescission to Planning Commission is scheduled for the next regular meeting.