8-6-22: PLANNED UNIT DEVELOPMENT:

   A.   Purpose: The Planned Unit Development (PUD) provides a discretionary review process to permit flexibility in zoning and site standards where the application demonstrates that the proposed development standards are equivalent or superior to the base district standards and meet the intent of the Comprehensive Plan. The PUD responds to unique physical characteristics of property and its surrounding area, where more flexible zoning than achievable through a base district is desirable. This provides for creative, high-quality development incorporating well designed and integrated open space and/or recreational facilities at scales proportionate to the use; a system of circulation and access that supports multimodal forms of mobility; preservation of significant aspects of the lot, including natural features, views and/or cultural resources; building design, site design, and amenities that create a unique and more sustainable alternative to conventional development; an appropriate scale for a property owner or homeowner association to manage future maintenance responsibilities; and single or multiple land use activities organized in a comprehensive manner and designed to work together in common and in a synergistic manner to benefit both the project and the neighboring properties.

   B.   Applicability: This Section applies to any application to establish a PUD. The Commission may approve a PUD if:

      1.   The proposed project area shall lie entirely within an area of impact.

      2.   The minimum project area is five (5) acres.

      3.   The proposed development involves at least one of the following:

         a.   A mix of uses that are not allowed as principal permitted or conditional uses in the same base district;

         b.   Any commercial or industrial development with a total building area more than one hundred thousand (100,000) square feet;

         c.   Clustering of residential units away from physical constraints or hazardous areas. Examples of physical constraints include flood hazards, unstable geologic conditions, soil conditions, topography, identified high ground water areas, and other characteristics that could threaten public health and/or safety; or

         d.   Deviation of dimensional standards to achieve dedicated open space and provide amenities not found in traditional subdivisions.

   C.   Initiation:

      1.   Applications for PUDs shall be submitted to the Director. Concurrent submittal of a master site plan is required.

   D.   Completeness: See Section 8-6-5.

   E.   Notice: See Section 8-6-8.

   F.   Decision:

      1.   Staff Review: The Director shall review the application and prepare and send a recommendation for the Commission's review.

      2.   Commission Decision: The Commission shall make the final decision:

         a.   To approve the PUD;

         b.   To deny the PUD; or

         c.   To approve the PUD with conditions. The conditions may include any or all of the following:

            (1)   Standards related to the emission of noise, vibration, and other potentially objectionable impacts.

            (2)   Limits on time of day and hours for the conduct of specified uses and facilities within the PUD.

            (3)   The permit's exercise or lapse period.

            (4)   Other standards necessary to protect public health, safety, and welfare and mitigate adverse effects on surrounding property.

   G.   Standards:

      1.   General Use Standards:

         a.   No more than twenty percent (20%) of the total area of the planned unit development shall be designated for uses not otherwise permitted in the base district.

         b.   Any applicable specific use standards listed in Chapter 4 of this Title shall apply.

      2.   Connectivity: An interconnected system of roadways and/or pathways shall connect all uses in a PUD.

      3.   Residential Density Standards:

         a.   Generally: The allowable density for residential uses is the density established by the comprehensive plan. Where the comprehensive plan does not indicate an urban density for development, the maximum density is three (3) dwelling units per acre. The County may approve higher densities as provided in subsection b below.

         b.   Density Bonus: An increase in the average residential density may be allowed by incorporating dedicated open space or public use dedications into the planned unit development. All dedications shall be shown on the master site plan.

            (1)   Additional Open Space Dedication: For each full additional percentage point of property in dedicated open space above the minimum requirements, the average residential density may be increased by the same percentage. The maximum density for residential areas shall not exceed an additional twenty-five percent (25%) over the base density.

            (2)   Public Amenity Dedications: A density bonus may be approved for dedications of facilities or interests in real property for public amenities. The maximum density bonus shall be as set forth in Table 8-6-22-1. See subsection D regarding required findings for mandatory dedication of facilities.

            (3)   Public Amenity Defined: For the purposes of this Section, the term "public amenity" includes the following: school site, bike path, transit facility, park site, park and ride lot, and public safety facility such as police, fire, or emergency medical facilities.

 

            (4)   Dedicated Open Space Uses: Dedicated open space uses shall comply with the regulations of Chapter 3 of this Title.

            (5)   Commercial Uses: The following design standards apply to any proposed commercial uses within a planned unit development:

               (A)   Joint parking facilities shall be planned to use common access points to public streets.

               (B)   Screening shall be provided on the perimeter of commercial uses abutting the residential areas as provided in Section 8-3-7F (Perimeter Landscaping and Screening) of this Title.

               (C)   Commercial Buildings And Structures:

                  i.   Shall share common design themes in landscaping, signs, architecture, and building bulk with other uses within the planned unit development.

            (6)   Industrial Uses: The following design standards apply to any proposed industrial uses within a PUD:

               (A)   Landscaping shall be provided as required in Section 8-3-7 of this Title for parking areas, loading areas, and outdoor storage areas of industrial materials.

               (B)   Screening shall be provided on the perimeter of industrial uses abutting residential areas as provided in Section 8-3-7 of this Title.

               (C)   Structure location shall promote efficient installation of utilities.

               (D)   Industrial uses buildings and structures:

                  i.   Shall share common design themes in landscaping, signs, architecture, and building bulk with other uses within the planned unit development.

            (7)   Improvements:

               (A)   Improvements, consistent with the standards established in the area or as designated in any officially adopted comprehensive plan, are required as a condition of approval of a PUD.

               (B)   If any improvements required as part of the PUD cannot be completed prior to submission of a final plat and/or signing of the master site plan, the applicant or owner shall deposit a surety as set forth in Section 8-3-5 of this Title.

            (8)   Deviations: As part of the original application, a written request to deviate from the dimensional standards of this Title may be included. Where applicable, the proposed deviations shall be noted on the master site plan.

            (9)   Alternative Development Standards: The development agreement may include alternative development standards when the overall design meets or exceeds the intent and requirements of this Section and are not detrimental to the public health, safety, and welfare. The development agreement may also allow the Director to approve alternative development standards pursuant to standards and procedures identified in the agreement.

   H.   Required Findings: The Commission shall find the following before issuing a PUD:

      1.   The proposed development is not detrimental to public health, safety, or welfare;

      2.   The proposed development does not create undue adverse impacts on surrounding properties;

      3.   The proposed development is consistent with the applicable comprehensive plan;

      4.   The proposed development complies with the purpose statement of the applicable base district and with the specific use standards as set forth in this Chapter;

      5.   The proposed development complies with all applicable County ordinances;

      6.   The proposed development complies with all applicable state and federal regulations;

      7.   The proposed development does not impede the normal development of surrounding property;

      8.   Adequate public and private facilities such as utilities, landscaping, parking spaces, and traffic circulation measures are provided for the proposed development;

      9.   Political subdivisions, including school districts, are able to provide services for the proposed development; and

      10.   If abutting or within a rural district, the proposed development shall not cause detrimental impacts to agriculture.

      11.   The arrangement of uses and/or structures conforms to the topography and natural landscape features;

      12.   The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity;

      13.   The internal street system is designed for the efficient and safe flow of vehicles and pedestrians without having a disruptive influence upon the activities and functions contained within the development, or place an undue burden upon existing transportation and other public services in the surrounding area;

      14.   Community facilities (such as park, recreation, and dedicated open space areas) are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. Dedicated open space shall abut any lots that are reduced below the minimum average lot size of adjacent residentially zoned subdivisions and multi-family development within the PUD;

      15.   The proposal complies with the density standards set forth in this Section;

      16.   The PUD conforms to the applicable comprehensive plan, future acquisition maps, area of impact ordinance, and other applicable ordinances; and

      17.   Additional required findings for mandatory public use facility dedications or improvement:

         a.   The dedication of the public use facility is substantiated by the governing Board responsible for the facility;

         b.   The public use facility shall serve the public interest in the PUD's location;

         c.   The public use facility is consistent with the comprehensive plan; and

         d.   The capacity, area, and location of property to be dedicated to the public use facility is proportionate to the demand generated by the proposed development.

   I.   Appeals: See Section 8-6-13.

   J.   Scope Of Approval Of The PUD:

      1.   Generally: The approval of a PUD does not authorize the development of land. Any development that occurs after the PUD is approved requires additional approval, which may include subdivision review or master site development plan approval, if applicable, and building permits and certificates of occupancy.

      2.   Ongoing Obligations: The approved project shall:

         a.   Comply with all applicable approved plans and specifications;

         b.   Continuously maintain adequate housekeeping practices so as not to create a nuisance; and

         c.   Maintain sanitary practices so as not to create a public nuisance and to reduce noise and odor.

      3.   Master Site Plan: A master site plan application shall be concurrently submitted subject to the regulations of Section 8-6-19, unless specifically exempt under the regulations of that Section. The master site plan shall note any accessory buildings, facilities, and any outdoor storage areas where they are reviewed as part of the PUD.

      4.   Tentative Approval:

         a.   Written documentation shall be provided indicating the conditional use has been approved by all applicable public agencies before a zoning certificate is issued.

         b.   A maximum of two (2) years are allowed to obtain all necessary permits and a zoning certificate.

         c.   The Director shall determine that all conditions of approval have been met and that the PUD conforms with this Section before a zoning certificate is issued.

(Ord. 1002, 10-28-2025)