§ II-6.011  PUD - PLANNED UNIT DEVELOPMENT DISTRICT.
   (A)   General. To develop a PUD within the county, the property must be rezoned to a PUD designation. Rezoning shall be subject to approval of the concept plan and master plan by the County Commission. Approval of a PUD does not eliminate the requirements of subdividing. No building permits shall be issued until the master plan for the particular development phase has been approved by the County Commission. The procedure for a PUD rezoning will follow Chapter 17 of this zoning ordinance and the procedure listed in this chapter.
   (B)   Intent. The intent of the Planned Unit Development District (PUD) regulations is to permit greater flexibility, and consequently, more creative and imaginative design for the development of residential and nonresidential areas than generally is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of land uses, a higher level of urban amenities, preservation of natural scenic qualities of open space, environmental protection, concurrent and adequate public facilities, timing, phasing, and sequencing for the proposed development within the PUD, all contingent upon completion of its review process. In addition, reasonable assurance to the developer is intended regarding ultimate approval before expending complete design monies while also providing county officials with assurances that the project will retain the character envisioned and protect public health, safety, and general welfare. All PUD requests shall include the design standards set out in Title I of this code and shall conform to Chapter 17 of this zoning title.
   (C)   Objectives. To carry out the above stated intent, a PUD District should provide the following, as appropriate:
      (1)   Nonresidential land uses, if any, which provide convenient service, employment, and access, yet do not conflict with residential uses;
      (2)   Conservation of natural topographical and geological features with emphasis upon:
         (a)   Conserving existing surface and subsurface water resources;
         (b)   Preserving significant natural environmental features;
         (c)   Preventing soil erosion; and
         (d)   Protecting surface and ground water and other environmental resources, including green spaces, significant habitat, and land with exceptional scenic beauty.
      (3)   Can efficient network of streets and utilities appropriate to serve the land uses within
the PUD District;
      (4)   To ensure that adequate public facilities and services, identified in the ordinances of the county, are available to serve the PUD development as the demands for those facilities are created;
      (5)   A concept plan to convey the overall concept and to guide and coordinate any phased development; a master plan providing substantially complete construction and engineering drawings; and
      (6)   To ensure the implementation of the policies and criteria contained in this title by providing the necessary prerequisites, authority, and criteria for the county to enter into a development agreement with the applicant that comprises specific conditions and contains an integrated development scheme for a particular phase or phases of development, and contains maps, diagrams, and other appropriate materials by which the applicant agrees to the conditions, construction, and installation of off-site or on-site facilities consistent with the provisions of this title.
   (D)   Allowed uses. In PUD - Planned Unit Development District, the following uses are allowed:
      (1)   Residential uses: residences may be a variety of housing types and ownership types. Single-family detached, attached single-family, cluster homes, twin homes, town houses, and multifamily residential developments may be permitted;
      (2)   Office uses: such uses shall be designed with respect to their nature, development intensity, and location so as to primarily serve the residents of the PUD. Office developments shall be designed and landscaped in a manner which is compatible with residential development and which provides for traffic flow or circulation that does not interfere with residential areas inside or outside of the PUD;
      (3)   Commercial uses: such uses shall be designed with respect to their nature, development intensity, and location. Commercial development shall be designed and landscaped in a manner which is compatible with residential development and which provides for traffic flow or circulation that does not interfere with residential areas inside or outside the PUD. No outside storage of materials or equipment shall be permitted in commercial areas in a PUD, unless specifically approved by the County Commission;
      (4)   Light industrial uses: industrial uses shall include those customarily considered light industrial. Industrial development within a PUD shall be designed and landscaped in a manner which is compatible with residential development and which provides for through traffic circulation that does not interfere with residential areas inside or outside the PUD. Industrial areas occupying more than three acres shall be designed as an industrial park with covenants and restrictions concerning building appearance and landscaping;
      (5)   Religious and educational facilities and institutions;
      (6)   Public and private recreation facilities and their ancillary services;
      (7)   Public and private transportation, utility, and public safety facilities;
      (8)   Telecommunication facilities; and
      (9)   Any allowed use which is described in this title may be proposed. All uses shall be listed within the written report included in the concept plan.
   (E)   Prohibited uses. In PUD - Planned Unit Development District, the following uses are prohibited:
      (1)   Armories;
      (2)   New and used vehicle or machinery sales and service;
      (3)   Landfills and junkyards;
      (4)   Slaughter houses, concentrated animal feeding operation;
      (5)   Manufactured home sales;
      (6)   Building material sales;
      (7)   Truck terminals associated with stand-alone warehouse facilities;
      (8)   Uses requiring unscreened outside storage;
      (9)   Industrial uses; and
      (10)   Off-premises signage.
   (F)   Conditional uses. In PUD - Planned Unit Development District, conditional uses are allowed.
   (G)   Minimum requirements for improvements and design.
      (1)   Area regulations.
         (a)   The minimum acreage for a PUD shall be at least 25 contiguous acres;
         (b)   Front, side, and rear setbacks, lot width, and size are governed by the minimum requirements for parking and open space as described in divisions (G)(2), (G)(5), and (G)(6) below; and
         (c)   Height restrictions shall be three stories, unless otherwise approved by County Commission.
      (2)   Parking. For individual uses, or approved as a comprehensive parking plan for integrated uses or for overall development, as regulated in Chapter 7 of this zoning title.
      (3)   Buffering/landscaping. Each application shall include a comprehensive landscaping plan showing location and species of all planted materials and an irrigation plan. There shall be buffering and/or berming, as recommended by the Planning and Zoning Board and County Commission, for the purpose of buffering the adjacent properties from the PUD. However, in cases where nonresidential uses in the PUD are adjacent to residentially zoned property, such uses shall be visually screened by a landscape berm or natural trees. The use of fire resistive plant species is encouraged (see County Community Wildfire Protection Plan for list of plant species).
      (4)   Other site improvements. Signage, lighting, exterior building materials, and other features of the project shall be designed and constructed with the objective of creating an integrated and controlled development, consistent with the character of the community, the surrounding developments, and the site’s natural features. All areas must meet this title.
      (5)   Common open space. A minimum of 25% of the total site acreage included in the application shall be preserved as common recreation and meaningful open space. The area so occupied may be applied, at the discretion of the Planning and Zoning Board and County Commission, to satisfy a percentage of the total common space requirement. Waterbodies and land located within the 100-year floodplain may be used to partially fulfill open space requirements; calculations for such may not exceed 50% of the required open space. Parking areas, road rights-of-way, and minimum yards in spacing between dwellings may not be included in determining open space. Any and all open space lands shall be held in common ownership by the dwelling unit owners. To ensure that all common open space in the PUD will be used as intended, the necessary restrictions or covenants will be put in each deed. Such deed restrictions or covenants shall run with the land in order to protect both present and future property owners. The covenants and restrictions shall prohibit the reduction or sale of any common open space.
      (6)   Bonding. Prior to beginning construction of each development phase of the PUD, the County Commission shall require the developer to post a performance bond or letter of credit, both in form and amount acceptable to the county, guaranteeing that all public improvements and common open areas will be constructed according to the approved master plan. All bonding requirements shall conform to Title I, Chapter 7 of this code.
      (7)   Availability of public services. PUD districts shall be so located with respect to major streets and highways or other transportation facilities so as to provide direct access to such districts without creating undue traffic burdens along streets in residential neighborhoods outside such districts.
      (8)   Utility systems. PUD districts shall be so located in relation to sanitary sewers, water lines, storm drainage systems, and other utility systems and installations that neither extension nor enlargement will be required in manner, form, character, location, degree, scale, or timing resulting in higher net public cost or earlier incursion of public cost than would development in a form generally permitted in the area. Such districts shall be so located with respect to schools, parks, playgrounds, and other public facilities required so as to have access in the same degree as would development in a form generally permitted in the area. However, the location of the PUD district may be approved if the developer will:
         (a)   Provide private utilities, facilities, or services approved by the public agencies which would normally provide such utilities, facilities, or services as substituting on an equivalent basis, and assure their satisfactory continuing operation and maintenance permanently or until equivalent utilities, facilities, or services are available;
         (b)   All roads, sidewalks, sewer facilities, utilities, and drainage shall be constructed according to the requirements of Title I of this code and any other county ordinances. In the event of a conflict between this section and Title I of this code or any other county ordinances, the more stringent regulations shall apply;
         (c)   All utilities, e.g., electrical, telephone and the like, shall be underground, unless allowed otherwise by the County Commission. These utilities shall be provided in accordance with the rules, resolutions, and/or regulations established by the appropriate governmental agency;
         (d)   Each building or structure for business, trade, or industry shall provide space for the loading and unloading of vehicles off the right-of-way of the street or public alley. Such space shall meet all loading and unloading regulations in § II-7.003;
         (e)   Covenants and restriction for the property within the PUD District are required and must be recorded in the Register of Deed’s office of the county prior to the approval of a final plat or issuance of a building permit for a structure on the property. These restrictions will run with the land so that if it is subdivided or developed in phases, the covenants and restrictions will still be enforced; and
         (f)   Covenants and restrictions shall:
            1.   Be based on the approved master plan and development agreement of the approved PUD District;
            2.   Subject each person or person taking title to land located within the property to the terms of conditions of the covenants and restrictions;
            3.   Subject each property and owner within the development to the approved master plan and development agreement for the PUD District;
            4.   Subject each property and owner to general rules and conditions regarding the operations and administration of various aspects of the property/community;
            5.   Provide for creation of a homeowners’ association (HOA) with mandatory membership for each owner or person taking title to the land located within the property and require the collection of assessments from owners in an amount sufficient to pay for its functions. The HOA shall be established and active prior to the transfer or sale of any parcel within the PUD to a third party and such HOA must be properly disclosed to all property owners at the time of contract and as required by state and federal law;
            6.   Provide for ownership, development, management, and maintenance of private open space, private community facilities, private community meeting halls, and other common areas; and
            7.   Establish design guidelines that include basic architectural standards, weed control, and fire plan guidelines and procedures for compliance to ensure consistent development of the entire PUD.
   (H)   Concept plan requirements. The concept plan is an initial plan for tract (s) of land depicting a general configuration and description of potential private and public uses. The concept plan is intended to be flexible and will provide an overall framework within which specific development standards will be met through the master plan. A master plan may be broken into phases. The concept plan shall include, but is not limited to, the following:
      (1)   A written report explaining the type, nature, intent, and characteristics of the proposed development;
      (2)   Area location or orientation map of the property;
      (3)   Proposed name or title of project and name of the engineer, architect, or developer;
      (4)   Scale of one inch equals 200 feet or larger, acreage in total tract, north arrow, and date;
      (5)   Existing topography in ten-foot contour intervals or less. Contours may be interpolated from U.S.G.S. quadrangle maps;
      (6)   Existing wooded areas, streams, lakes, 100-year floodplain, and any other physical conditions affecting the site;
      (7)   Existing historical assets located on the property;
      (8)   Proposed street and lot layout;
      (9)   Proposed buffers, and natural features such as surface drainage and open water;
      (10)   Delineation of proposed uses, including open space, and net acreage in each;
      (11)   Proposed density calculations, in units per acre, for residential uses;
      (12)   General location, square footage, and height of proposed nonresidential buildings;
      (13)   Delineation of specific areas designated for phased development and proposed dates for beginning and completing construction of each development phase or stage;
      (14)   Proposed amenities, such as schools, parks, and recreational facilities;
      (15)   General statement indicating source of potable water and wastewater disposal method;
      (16)   Complete legal description of the parcel(s); and
      (17)   If development is to occur in stages then a detailed phasing plan shall be provided, it shall be a narrative form incorporated into the master plan. It shall include a breakdown of all land use types.
   (I)   Master plan requirements. The master plan for each development phase shall conform to the county ordinances and shall include, but not be limited to, the following:
      (1)   Area location or orientation map of the property;
      (2)   Proposed name or title of project, phase number, and name and certification of the engineer, architect, or surveyor;
      (3)   Scale of one inch equals 100 feet or larger, acreage in total tract, north arrow, and date;
      (4)   Existing topography by a registered surveyor along with the surveyor’s name, registration number, seal, and date;
      (5)   Name of all jurisdictions in which the development is located and all political boundaries which cross or form any property boundary line of the development phase;
      (6)   Sufficient data to readily determine and reproduce accurately on the ground the location, bearing, and length of every road and alley line, lot line, easement, boundary line, and building line, whether curved or straight. This shall include the radius, point of tangency, and other data for curved property lines and curved roads, to an appropriate accuracy and in conformance with good surveying practice;
      (7)   Names of owner of record of all adjoining land and all property boundaries, watercourses, roads, easements, utilities, and other such improvements, which cross or form any boundary line of the development phase;
      (8)   Roads and alleys including their right-of-way width and name;
      (9)   Lot lines, minimum building setback lines, and lot and block numbers;
      (10)   All dimensions shall be to the nearest one-tenth of a foot and all angles shall be to the nearest minute;
      (11)   Location, dimension, and purpose (e.g., water, gas, cable) of all easements;
      (12)   Location of all buffers;
      (13)   Number to identify each lot or site;
      (14)   Show all watercourses, wetlands, and expected limits of the 100-year floodplain;
      (15)   Proposed topography including finish floor elevations and location of all retention and detention basins for stormwater control;
      (16)   Location of existing adjoining property lines;
      (17)   Area in each subdivided tract in square feet;
      (18)   Final engineering drawings of all roads, water, sanitary sewer, and storm drainage systems;
      (19)   Density calculations, in units per acre, for residential uses;
      (20)   Location, square footage, and height of proposed nonresidential buildings; and
      (21)   All items listed in Title I, Chapter 5 of this code.
   (J)   Procedure.
      (1)   An application for approval of a PUD may be filed by any person having an interest in the property to be included in the PUD. The PUD application shall be filed with written consent from all of the recorded owner(s) of the property included in the development and with written consent from all holder(s) of an equitable interest in such property. Such consent shall contain a statement that the applicant is authorized to represent the owner(s) in pursuit of a PUD application and that such owner(s) shall agree to be bound by the decision of the County Commission in the event such application is approved. All of the land in a PUD shall be owned by an individual, by a corporation, or by a single legal entity before approval of the final plat. The owner shall be required to provide evidence of full ownership interest in the land, by legal title or the execution of a binding sales agreement before final approval of the final plat. Individual properties may be sold after approval of the final plat subject to private deed covenants that assure the continuance of the PUD as originally approved and developed.
      (2)   Before submitting the PUD application and the concept plan for approval as a PUD, the developer shall meet with the Planning Director, County Highway Superintendent, Director of Equalization, Register of Deeds, and any other such personnel as may be deemed necessary to determine the feasibility and suitability of the application. This step is required so that the developer may obtain information and guidance from county officials before entering into any binding commitments or incurring substantial expenses of the site and plan preparation. The pre-submittal meeting is a prerequisite to the county’s obligation to accept and act upon an application for zoning or rezoning to a PUD District.
      (3)   A rezoning application and ten copies of the concept plan, along with the fee established by the County Commission, shall be submitted to the Planning Director 22 days prior to a Planning and Zoning Board meeting.
      (4)   The Planning Department shall review the completed change of zoning application and concept plan for compliance with this title.
      (5)   If the Planning Department finds the application and the concept plan in compliance with this title, a Planning and Zoning informational meeting will be scheduled for the next regular meeting.
      (6)   The informational meeting for the change of zoning and the concept plan will be held in front of the Planning and Zoning Board. The applicant has the option to take the Board’s comments and create the master plan.
      (7)   After the informational meeting has been held, a public hearing will be scheduled in front of the Planning and Zoning Board for the master plan.
      (8)   The Planning Department will prepare the notice of hearing letters and the property owner’s list of those persons who own land within 500 feet of the subject property.
      (9)   The Planning Department will notify the applicant when the property owner’s list and the notice of hearing letters have been prepared. The applicant must send a copy of the notice of hearing letter to each of the property owners on the list by certified mail with return receipt requested. The notice letters must be mailed no less than seven days prior to the date of the public hearing. The white receipts for certified mail must be returned to the Planning Department prior to the date of the public hearing. The green return receipt cards must be returned to the Planning Department prior to the file being closed. These are retained in the Planning Department as part of the official record to document that the required mailings were completed. If the mailing has not been completed as stated herein, the hearing must be continued to the next Planning and Zoning meeting and the applicant shall be required to re-notify the affected property owners of the rescheduled hearing date.
      (10)   A notice of public hearing sign will be furnished by the Planning Department. The sign must be posted no less than ten days prior to the date of the hearing and must remain posted until final action by the Planning and Zoning Board.
      (11)   The Planning Department will submit legal notice to the local newspaper(s). The notice shall state the date the Planning and Zoning Board will review and consider the change of zoning application.
      (12)   The Planning Department shall create a staff report with recommendations to the Planning and Zoning Board for either approval, approval with conditions, or denial of the application.
      (13)   The Planning and Zoning Board shall consider the change of zoning application and master plan and public comment regarding the application’s technical compliance with the ordinance after receiving and reviewing the Planning Department’s recommendation.
      (14)   (a)   The Planning and Zoning Board shall make recommendation to approve, approve with conditions, or deny the change of zoning application and master plan within 30 days of the initial hearing of the application.
         (b)   If the action is to deny the change of zoning application and master plan, the reasons for such action shall be stated in the minutes and specific reference shall be made to the requirements not met.
      (15)   After the Planning and Zoning Board makes recommendation to the County Commission, the Planning Department shall schedule a first reading in front of the County Commission, which shall also be a public hearing.
      (16)   The applicant shall be required to re-notify the adjacent property owners in the same manner as listed in division (J)(8) above. The Planning Department will again submit legal notice to the local newspaper(s).
      (17)   After the first reading has been completed, the County Commission shall schedule a second reading for a final decision at the next regular County Commission meeting. No notification is needed for the second reading.
      (18)   Within 45 days of the receipt of the Planning and Zoning Board’s recommendation, the County Commission shall take action to approve or deny the change of zoning request and the master plan.
      (19)   Before the change of zoning can become effective the Planning Department shall publish the official change of zoning in the legal newspaper(s). A change of zoning takes effect 20 days after publication.
   (K)   Considerations. This decision shall be based upon, but not limited to, the consideration of the following:
      (1)   Adjacent land use;
      (2)   Distance from municipalities;
      (3)   Type of development (size and density);
      (4)   Access from state and county road systems;
      (5)   Location appropriate for requested zone;
      (6)   Floodplain;
      (7)   The effect of the proposed change of zoning upon:
         (a)   Housing, existing and available;
         (b)   Public services;
         (c)   Water;
         (d)   Sewer;
         (e)   Public roads;
         (f)   Parks and recreation within the county; and
         (g)   Open space areas.
      (8)   Proposed concept plan and master plan with time schedule; and
      (9)   The cumulative effect of the proposed change when considered with previously approved changes of zoning within the area.
   (L)   Amendments to a PUD.
      (1)   Major amendments. Major amendments to a PUD master plan require that the applicant modify the approved master plan, according to division (I) above. Upon the filing of any application for a major amendment for a PUD, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required. Amendments shall be considered major if they include any of the following:
         (a)   A change in the PUD boundary;
         (b)   Any change in the height, density, setback, or lot coverage development standards, as approved in the master plan;
         (c)   Any change in the location of a land use depicted on the master plan map;
         (d)   Any addition to the list of uses in the master plan;
         (e)   Any change to the design guidelines that is inconsistent with the intent of the PUD as described in the master plan; and
         (f)   Decrease in open space.
      (2)   Minor amendments. Minor amendments to a PUD master plan require a written request including all relevant information. Upon the filing of any application for a minor amendment for a PUD, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required. Amendments not meeting the criteria for a major amendment shall be deemed to be minor amendments and may be administratively approved by the Planning Department.
   (M)   Development agreements.
      (1)   Applicant and the county may enter into a development agreement where the applicant shall agree to provide necessary public facility or facilities. This would be at the applicant’s sole costs and expense. The agreement shall provide that all such public facilities shall be constructed or bonded prior to the issuance of a building permit for all or any portion of the proposed development.
      (2)   A development agreement shall be in form satisfactory to the County Attorney. The development agreement is subject to the approval of the County Commission as part of the approval process for the PUD master plan and final plats. The development agreement shall, at a minimum, include the following:
         (a)   A legal description of the land subject to the agreement and the names of the legal and equitable owners;
         (b)   The duration of the agreement;
         (c)   A general description of the development, the development uses permitted on the land including proposed densities and building intensities and height, and a description of the impacts and benefits of the development;
         (d)   A description of the public facilities that will service the development, including those that are to be dedicated, constructed, or financed by the developer;
         (e)   The date of construction of such new facilities will be completed and operation of the facilities will begin;
         (f)   A schedule to assure public facilities is available concurrent with impacts of development;
         (g)   A description of any reservations or dedications of land for public purposes;
         (h)   A description of all local development permits approved or needed to be approved for the development of the land;
         (i)   A provision that all public facilities to be provided by the applicant will be constructed or bonded prior to the issuance of a building permit for all or any portion of the proposed development;
         (j)   A development agreement may provide that the entire development or any phase be commenced or concluded within a specific time period; and
         (k)   Such other provisions as are determined by the county to be necessary for the public health, safety, and welfare.
(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 11)