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(1) General. The PUD, Planned Unit Development regulations are intended to accommodate development that provides public benefits but that may be difficult if not impossible to carry out under otherwise applicable zoning and subdivision regulations. Examples of the types of developments that are appropriate for approval through the PUD regulations include the following:
(a) Enhanced protection of natural resource areas. Developments that offer enhanced protection of natural resources and sensitive environmental features, including streams, water bodies, floodplains, wetlands, woodlands, wildlife habitats and native plant communities.
(b) Traditional urban development. Developments characterized by lot configurations, street patterns, streetscapes, and neighborhood amenities commonly found in neighborhoods platted or otherwise created before the 1950s.
(c) Mixed-use development. Developments that contain a complementary mix of residential and nonresidential uses.
(d) Intermodal terminals. Intermodal terminals require PUD approval. See also § 155-9.130.
(e) Sustainability. Developments that incorporate sustainable ("green") building and development practices, as evidenced by attainment of LEED "Certified," "Silver," "Gold" or "Platinum" status.
(2) Objectives. Different types of PUDs will promote different planning goals. In general, however, PUDs are intended to promote the following objectives:
(a) Implementation of and consistency with the county's adopted plans and policies, including the Land Resource Management Plan;
(b) Flexibility and creativity in responding to changing social, economic and market conditions allowing greater public benefits than could be achieved using conventional zoning and subdivision regulations;
(c) High levels of energy conservation and environmental sustainability;
(d) Advancement of economic opportunity and social equity;
(e) Variety in housing types and sizes to accommodate households of all ages, sizes, incomes and lifestyle choices;
(f) Compact, mixed-use development patterns where residential, commercial, civic, and open spaces are located in close proximity to one another;
(g) A coordinated transportation system that includes an inter-connected hierarchy of facilities for pedestrians, bicycles, and vehicles;
(h) Compatibility of buildings and other improvements as determined by their arrangement, massing, form, character and landscaping;
(i) The incorporation of open space amenities and natural resource features into the development design;
(j) Stormwater BMPs (best management practices); and
(k) Attractive, high-quality landscaping, lighting, architecture and signage that reflect the unique character of the development.
(B) Unified control. The site must be under single ownership and/or unified control at the time of final plat approval.
(C) Procedure. PUDs must be reviewed and approved in accordance with the planned unit development procedures of § 155-16.50.
(D) Developer's statement of intent. Each PUD application must include a written explanation from the applicant describing the overall community benefits of the proposed development and how the proposed development provides greater benefits to the county than would a development carried out in accordance with otherwise applicable zoning and subdivision regulations.
(E) Approval criteria. A PUD may be approved only when the County Board determines that the proposed PUD would result in a greater benefit to the county than would development under conventional zoning regulations. Such greater benefit may include implementation of adopted planning policies, natural resource preservation, urban design, neighborhood/ community amenities or an overall level of development quality.
(F) Regulations eligible for waiver of modification. Unless otherwise expressly approved by the County Board as part of the PUD approval process, PUDs are subject to all applicable regulations of this zoning ordinance and the subdivision ordinance. The County Board is authorized to approve PUDs that deviate from strict compliance with specified regulations and standards if they determine that the resulting development satisfies the approval criteria of division (E) of this section.
(G) Residential density.
(1) Facility and service adequacy. Before approving any density increase, the County Board must determine that the increased density can be supported by existing and planned public facilities and services.
(2) General public benefit. The maximum allowable residential density of the subject zoning district may be increased by up to 10% above the maximum density allowed by the subject zoning district if the County Board determines that such an increase is warranted to support the public benefit likely to result from the proposed development.
(a) If the developer commits to attainment of LEED-ND certification or an equivalent or higher level of sustainability as certified by a county-approved accreditation organization, the County Board may allow the maximum residential density of the subject zoning district to be increased above the maximum density allowed by the subject zoning district, in accordance with the following table:
LEED Certification Level
Maximum Allowable Density Increase
(b) Because sustainable or "green" project certifications cannot occur until after development is completed, any density bonuses granted must be based on the developer's good faith commitment to achievement of the applicable sustainability level.
1. The developer (applicant) must submit a binding letter of intent that communicates their commitment to achievement of the required sustainability level.
2. The county will then issue subsequent approvals based on this commitment.
3. A letter of credit, other county-approved financial guarantee or other reliable method must be established by the County Board at the time of approval to ensure ultimate compliance with the required sustainability level.
4. Any forfeited financial guarantees and all penalties collected must be contributed to a green building fund dedicated to supporting market adoption of green building practices.
(H) Streets. Minimum right-of-way widths of 50 feet are required.
(I) Conditions and guarantees. Before approving a PUD, the Planning and Zoning Commission may recommend, and the County Board may impose conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned unit development deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area, and ensure compliance with applicable regulations and standards. The County Board may require such evidence and guarantees as it deems necessary to ensure ongoing compliance with conditions stipulated in the approved PUD.
(Ord. effective 10-1-2012)