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A. Intent: The intent of a planned unit development district (PUD) is to provide flexible land use and design regulations through the use of performance criteria so that developments that incorporate land uses which contain individual building sites and/or common property may be planned and developed as a unit.
It is recognized that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas substantially developed, these controls represent a type of regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development district concept. Conventional area and density specifications are intended to be replaced by application of the PUD district to lands upon which an approved plan becomes the basis for control of land development.
B. Objectives: In order to carry out the aforementioned intent, a PUD shall achieve the following objectives:
1. Contain adequate usable open space and recreational areas.
2. Preserve trees, outstanding topography, and geologic features, while preventing soil erosion and uncontrolled surface water drainage.
3. Use land efficiently, resulting in smaller networks of utilities and streets and thereby lower housing costs.
4. Have a development pattern in harmony with the goals and objectives of the municipality.
5. Establish a variegated environment, occupancy tenure (e.g., individual ownership, cooperatives, condominiums, leaseholds), types of housing (e.g., detached houses, townhouses, garden apartments), lot sizes, and community facilities available to municipal residents.
6. Possess harmonious design and site planning of a quality that will produce a more desirable environment.
C. Establishing Criteria For PUD Districts:
1. Plan: The term "plan" shall include all information required to develop a PUD including, but not limited to, a narrative, sketches of the plat or subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities.
2. Location: The planned unit development district may be applied in any district if the objectives and provisions of this section are satisfied as determined by the city-county planning board, and if the PUD is consistent with the spirit and intent of the Hardin comprehensive plan.
3. Development Area: The minimum development area shall be at least five (5) acres. The residential portion to be developed should be of the proper size and shape to permit the clustering or grouping of a number of dwelling units in order to enable a variety in occupancy tenure and dwelling types.
4. Ownership: The tract of land for a project may be owned, leased or controlled either by a single person, corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in the project. In the case of multiple ownership, the approved plan and its amendments shall be binding on all owners or their successors in title and interest.
5. Permitted Uses:
a. Residential Uses: Residences may be of any variety of types.
b. Accessory Commercial, Service and Other Nonresidential Uses: Commercial, service and other nonresidential uses may be permitted (or required) by action of the Planning Board where such uses are scaled primarily to serve the residents of the PUD or the area immediately surrounding the PUD if such uses are consistent with the Hardin Comprehensive Plan.
6. Intensity of Land Use: Because land is used more efficiently in a PUD, improved environmental quality can often be produced with a greater number of dwelling units per gross building acre than usually permitted in traditionally zoned districts. The Planning Board shall determine in each case the appropriate land use intensity or dwelling unit density for individual projects. The following chart shall be used as a guide when evaluating proposed PUD density ranges:
Percentage of Open Space,
Including all Areas Not
Covered by Structures
Mid-rise apartment structures (3 to 6 stories in height)
High-rise above 6 stories
Where a PUD is an inter-mix of all types of units, the open space should be fifty percent (50%) minimum.
7. Recreation, Open Space and Landscaping: The recreational facilities, open space network and landscaping should be designed to enhance community character.
a. Recreation facilities and open space plans should be accompanied by a narrative explanation of how common recreation facilities and open spaces are to be owned, maintained and used.
b. The landscaping plan should be sufficiently developed to indicate existing and proposed topography and the location of existing and proposed trees, shrubs and other planned materials.
c. Adequate landscaping should be provided to reduce the visual impact of off-street parking areas and provide a logical transition between the Planned Unit Development District and surrounding uses.
d. Special consideration should be given to pedestrian movement from the standpoint of safety, convenience and amenity. Sidewalks, curbs and gutters should be considered in the design of the overall circulation system. Walkthroughs to adjoining areas should also be considered.
e. The energy efficiency of the project should also be considered, with regard to site and building orientation to local climatic conditions, and to fuel consumption, both domestic and transportation.
1. Application for PUD: The procedure for obtaining a change of zoning district to PUD shall be consistent with Section 11-1-9-2 of this Chapter. In addition, ten (10) copies of the following shall be submitted:
a. The PUD plan showing the densities proposed for each planned land use.
b. An environmental impact assessment as defined in the Hardin subdivision regulations. 1
c. A preliminary plat as defined in the Hardin subdivision regulations.
d. A traffic accessibility study if determined necessary by the Planning Board.
2. Planning Board Findings: The Planning Board shall, in its review of the application, make the following findings concerning the proposed development:
a. The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under any other district.
b. Land surrounding the proposed development can be planned in coordination with the proposed development and shall be compatible in use.
c. The proposed change to a planned unit development district is in conformance with the general intent of the comprehensive master plan.
d. Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district and in the vicinity of the proposed district.
e. Existing and proposed utility services including, but not limited to, water sanitary sewer and storm sewer are adequate for the proposed development.
f. Each phase of the proposed development as it is proposed to be completed must contain the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.
g. The proposed development will create no significant adverse environmental impact upon an area or affected natural elements making up the physical and natural environment of the area.
3. Planning Board Action And Report: The planning board may approve, approve with conditions, or disapprove the development as proposed. The planning board shall submit a report to the appropriate governing body incorporating its findings and recommendations concerning the application for zone change. The approval of the planning board cannot be construed as an official approval of any preliminary plat.
E. Zone Change And Subdivision Phases:
1. The appropriate governing body shall proceed with consideration of the application for zone change upon receipt of the planning board report concerning the proposal.
2. Upon approval of the zone change, the applicant shall have a maximum time period of twelve (12) months within which to submit applications for preliminary subdivision approval of all or part of the proposed development. If no application is submitted within the twelve (12) month period, the appropriate governing body may, on its own motion, consider rezoning the subject property to its former status.
3. Upon approval of a preliminary subdivision for the proposed development by the planning board, the applicant shall have a maximum time period of one year within which to file final subdivision plans with the county clerk and recorder. Noncompliance with this time restriction shall cause the appropriate governing body to consider reverting the zoning classification of the subject property to its former status. (Proposal dated 6-19-1979)
1. See Chapter 2 of this Title.