(A) General. To develop a PUD within the county, the property must be rezoned to a PUD designation and conform to Chapter 17 of this zoning title.
(B) Intent. It is the intent of this district to provide flexibility from conventional zoning regulations with increased public review for PUD Planned Unit Development District projects in order to:
(1) Encourage well planned, efficient development.
(2) Allow a planned and coordinated mix of land uses which are compatible and are harmonious, but previously discouraged by conventional zoning procedures.
(3) Encourage the redevelopment of contiguous large lot parcels into an integrated and orderly subdivision pattern, with particular attention to developing an efficient and coordinated network of internal streets.
(4) Promote the clustering of residential structures and other uses without increasing overall density of the development area in order to preserve unique and natural features such as forests, woodlands, open pastures,, natural drainage systems and scenic areas.
(5) Protect sensitive areas and areas with restrictive soil conditions within development areas through clustering of uses on land more suited for building.
(6) Reserve adequate public right-of-way within development areas for the eventual extension of arterial and collector streets, including proper width and spacing of such streets.
(7) Improve communication and cooperation among the county, townships, land developers, and interested residents in the development of agricultural land and redevelopment of existing areas.
It is not the intent of the PUD Planned Unit Development District to accommodate or encourage the development of isolated small tracts where adjoining parcels are not considered within an overall development scheme.
(C) Procedure. The procedure for a PUD rezoning will follow Chapter 17 of this zoning ordinance and the procedure listed in this chapter. A PUD change of zoning request consists of the following: (i) a change of zoning application; (ii) initial development plan; (iii) final development plan.
(1) Change of zoning application. This request for rezoning is subject to the requirements for amendment of the zoning regulations specified in Chapter 17 of this zoning ordinance and the procedure listed in this chapter. No permit shall be issued within the development until the final development plan is approved and the plat is filed.
(2) Initial development plan. Upon application for rezoning to the Planned Unit Development District, the petitioner shall present an initial development plan to the Planning Commission for review, and to County Commission fortheir approval showing the following information:
(a) Project name and legal description.
(b) A preliminary subdivision plan.
(c) The proposed development scheme showing the following information:
1. The proposed land uses, including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed nonresidential buildings and their square footage.
2. The proposed maximum density of the development, which shall not exceed the density allowed in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such densities undesirable.
3. The proposed minimum setbacks which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such setbacks undesirable.
4. The proposed maximum height which shall be no greater than that required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such heights undesirable.
5. Proposed design features illustrating compatibility to the surrounding environment and neighborhood, e.g., buffering/landscaping (the use of fire resistive plant species is encouraged (see County Community Wildfire Protection Plan for list of plant species)); lighting; signage.
6. Anticipated subarea development sequence.
(3) Final development plan.
(a) Prior to construction on any lots in the planned development, the petitioner shall present a final development plan showing the information specified below, to the Planning Commission and then the County Commission, who shall have the sole authority to approve, deny, or amend said plan.
(b) The final development plan may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan must be shown for the area submitted for concurrent approval, except that the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular subarea.
(c) The final development plan shall show the following information:
1. The subdivision name, the legal description, and the individual project name (if any).
2. Boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan.
3. A subdivision plat of the subarea or subareas submitted for approval.
4. A scale drawing showing the following information will be required for everything except single-family detached dwelling subareas:
A. Size and location of proposed structures including height and number of units.
B. Calculated floor area for each structure and a generic listing of the uses within said structure.
C. Off-street parking lot arrangement designating all parking spaces, off-street loading spaces, and any outdoor trash container spaces.
D. Any sidewalks, bikeways or other paths.
E. Landscaping plans showing the type and location of any walls or fences, the placement, size and species of any trees or shrubs, and berms in areas that will be sod or seeded.
F. All existing and proposed utilities, drainageways, water courses, and location of above ground existing utilities on adjacent property.
G. Proposed final ground contours.
H. Existing and proposed uses adjacent to the area.
I. Documentation of the ownership and maintenance responsibility of any common open spaces, structures, or facilities including private streets. 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.
J. Any subareas proposed for multiple residential development will be required to provide an open area for recreation. Said open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve.
K. Proposed parking and loading spaces which shall be in conformance with Chapter 7 and except where unique physical, environmental or design characteristics make such requirements undesirable.
L. Unless otherwise specified on the final development plan, all development standards shall be the same as those set forth in the traditional zoning districts, which shall be referenced for each subarea as a part of the final development plan. For example: townhouses on Block X shall be developed in conformance with the requirements of the SRD Residential District.
(D) Amendments to a PUD.
(1) Major amendments. Major amendments to the initial and/or final development plan shall be required to be approved as an amendment to the zoning regulations per Chapter 17 of this zoning title, requiring Plan Commission review, and County Commission approval. The following changes in an initial and/or final development plan are considered major amendments:
(a) A change in the PUD boundary;
(b) Any change in the proposed land uses;
(c) Any major change in the street pattern;
(d) An increase in density;
(e) Decrease in open space.
(2) Minor amendments. Minor amendments to an initial and/or final development plan require a written request including all relevant information. 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.
(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 11; Ord. 22-04, passed 4-21-2023)