The intent of this section is to offer an alternative to conventional development by permitting flexibility in the regulations for development. The standards in this section are intended to promote and encourage development on parcels of land that are suitable in size, location and character for the uses proposed while ensuring compatibility with adjacent land uses.

The planned unit development district rezoning process is provided as a design option to allow for one or more of the following:

A.

Encourage innovation in land development in terms of variety, design, layout, and type of structures constructed.

B.

Promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use and utilities.

C.

Encourage the adaptive re-use of significant or historic buildings.

D.

Provide the opportunity to mix compatible uses or residential types.

E.

Preserve and protect significant natural features, open space, and cultural/historic resources.

F.

Ensure that new development is consistent with the character of the community.

G.

Promote efficient provision of public services and utilities.

H.

Minimize adverse traffic impacts and accommodate safe and efficient pedestrian access and circulation.

I.

Encourage development of convenient recreational facilities.

J.

Encourage the use and improvement of land where site conditions make development under conventional zoning difficult or less desirable; and/or

K.

Allow a density for any residential portion of a planned unit development that is greater than would otherwise be allowed by the zoning ordinance, yet is still appropriate and compatible with other uses, both within the planned unit development and with the density of adjacent properties.

L.

The PUD process and standards provide for flexibility in design and permit variation of the specific bulk, area, and in some situations, the density requirements of this section on the basis of the total PUD plan, subject to approval of the PUD by the county commissioners and plan commission, in accordance with the requirements of this section. A PUD shall not be sought as a means of circumventing the standards and requirements of conventional zoning districts.

The following criteria shall apply to all planned unit developments (PUDs):

A.

Minimum size.

i.

Each planned unit development shall contain a minimum of 20 acres. If the PUD contains a mix of residential and non-residential (office, commercial and/or manufacturing) uses, the minimum size shall be 40 acres. Sites containing less than the minimum required acres, but no less than 50 percent of the requirement, may be considered for rezoning to PUD, if the applicant requests such a reduction and the county commissioners determines that the site will advance the purposes of the PUD district. When determining the appropriateness of areas less than the applicable minimum required, the county commissioners shall determine that rezoning the area to PUD will not result in a significant adverse effect upon nearby or adjacent lands; the proposed uses will complement the character of the surrounding area; the purpose and qualifying conditions of the PUD district can be achieved within a smaller area; and the PUD is not being used as a means to circumvent conventional zoning requirements.

B.

Unified control. The planned unit development shall be under the control of one owner or group of owners and shall be capable of being planned and developed as one integral unit.

C.

Recognizable benefit. The applicant shall demonstrate that the PUD provides at least four of the following site design elements, which would not be attained through a project designed under conventional zoning:

i.

Mixed-use development with residential, and non-residential uses or a variety of housing types.

ii.

Pedestrian/transit-oriented design with buildings oriented to the sidewalk and parking to the side or rear of the site.

iii.

High quality architectural design beyond the minimum requirements of this ordinance.

iv.

Extensive landscaping beyond the minimum requirements of this ordinance.

v.

Preservation, enhancement, or restoration of natural resources (trees, slopes, wetland areas, views to noteworthy features, etc.).

vi.

Preservation or restoration of significant or historic resources.

vii.

Provision of open space or public plazas or features.

viii.

Efficient consolidation of poorly dimensioned parcels or property with difficult site conditions (e.g., topography, shape, etc.).

ix.

Effective transition between higher and lower residential density, and/or between non- residential and residential uses; or allowing incompatible adjacent land uses to be developed in a manner that is not possible using a conventional approach.

x.

Connectivity for vehicular and pedestrian access between properties or uses; or

xi.

Mitigation to offset impacts on public facilities (such as street improvements).

D.

Compatibility with adjacent uses. The proposed location of uses or structures such as access drives, parking areas, waste receptacles, swimming pools, tennis courts and facilities of a similar nature, which are of a significantly different scale or character than the abutting districts, shall not be located near the perimeter of the PUD or so as to negatively impact the use of adjacent lands.

E.

Public utilities. All uses within the PUD shall be served by public water and sanitary sewer systems.

F.

Comprehensive plan. The proposed PUD shall be consistent with the goals and recommendations of the county comprehensive plan.

A.

Refer to permitted use table.

B.

Any use permitted by right or by special use in any district may be permitted in a planned unit development.

C.

Residential and non-residential uses may be permitted in combination to create an integrated, mixed-use development based upon the recommendations of the comprehensive plan.

D.

Approval of a PUD shall include the identification of the specific uses permitted within the PUD, and only those uses so approved shall be permitted.

A.

Residential density. The PUD concept plan shall state the referenced residential zoning district upon which the proposed density is based. For projects that include single family developments, the PUD concept plan narrative shall state a minimum lot size for single family development based on the minimums for single family dwellings listed in this section for the R-1, R-2, R-3 districts. For projects that include two-family or multiple family dwellings, the allowed density shall be based upon the applicable lot size or density specified in the district. Any deviation from these minimums shall be included in a "Table of modifications".

B.

Dimensional requirements. The area, height, and placement requirements for each portion of the PUD shall be based upon a stated zoning district. The PUD concept plan narrative shall state the area, height, and placement requirements for each portion of the PUD, based upon the appropriate zoning district and the residential density determined.

C.

Modifications.

i.

To encourage flexibility and creativity consistent with the intent of the PUD, the county commissioners, after recommendation from the plan commission, may permit modifications from the density, area, height, and placement requirements for the stated district(s).

ii.

District regulations applicable to a land use in a PUD may be altered from those of the district(s) designated, including but not limited to, modification from the lot area and width, building setbacks, height, lot coverage, signs, and parking. The applicant for a PUD shall identify, in writing, all intended deviations being proposed. Such adjustments may be approved during the preliminary development plan review by the county commissioners, after plan commission recommendation. These adjustments may be permitted only if they will result in a higher quality of development or in better integration of the proposed use(s) with surrounding uses. The modifications shall also satisfy one or more of the following criteria:

a.

Preserves the best natural features of the site.

b.

Creates, maintains, or improves habitat for wildlife.

c.

Creates, improves, or maintains open space for the residents.

d.

Enhances the views into the site as well as the view from dwellings to be built on site; and

e.

Results in a better development, consistent with the purposes of PUD expressed and the recommendations of the county's comprehensive plan.

iii.

Any regulatory modification shall be approved through a finding by the county commissioners, after recommendation by the plan commission, that the modification results in a higher quality of development than would be possible using conventional zoning standards.

iv.

All deviations from dimensional requirements shall be listed in a "Table of modifications." unless modifications are specifically requested and approved by the county commissioners, the site plan shall comply with the appropriate requirements of the identified zoning districts.

A.

Conditions. The plan commission may recommend, and the county commissioners may impose reasonable conditions upon the PUD approval. Conditions may include, but are not limited to, those necessary to ensure public services and facilities will be capable of accommodating increased loads; to protect the natural environment and conserve natural resources and energy; to ensure compatibility with adjacent uses of land; be necessary to meet the intent and purpose of this ordinance; be related to the standards established in the ordinance for the proposed PUD; be necessary to ensure compliance with the final development plan and the provisions of this ordinance. The conditions imposed shall be recorded in the minutes of the approval action and shall remain unchanged except upon amendment of the PUD.

B.

Performance guarantees. The plan commission may recommend, and the county commissioners may require reasonable performance guarantees to ensure completion of specified improvements within the PUD.

C.

Interior streets. Public or private streets may be required to be extended to exterior lot lines in order to allow connection to existing or planned streets on adjacent parcels, so as to provide for secondary access, continuity of the circulation system and to reduce traffic on collector streets.

D.

Open space. Each PUD containing residential uses shall be required to preserve at least 20 percent of the gross site area as dedicated open space within the PUD site, in accordance with the following requirements. All flood plains, wetlands, water bodies and steep slopes (25 percent or greater) shall be preserved as open space.

i.

Areas not considered open space. The following land areas shall not be considered as required open space for the purposes of this section:

ii.

The area within any public street right-of-way or private street easement.

iii.

Any easement for overhead utility lines, unless adjacent to qualified open space.

iv.

50 percent of the area of any golf course.

v.

The area within a platted lot, unless the lot has been dedicated to open space on the plat, via conservation easement or other means of ensuring that the lot is permanent open space.

vi.

Parking and loading areas; and

vii.

Storm water detention or retention areas.

Required open space areas shall be for use by all residents of the PUD, subject to reasonable rules and regulations. In the case of a golf course, stable or similar facility, membership shall be available to all residents of the PUD, subject to charges, fees, or assessments for use.

i.

If the site contains a lake, stream or other body of water, the county commissioners or plan commission may require that a portion of the required open space shall about the body of water; where the PUD site abuts property zoned AG-2, AG-2s, or R-1 along a public street, a portion of the required open space shall be located along the public street frontage abutting the site. The depth of this area shall be at least 150 feet, not including public street right-of-way, and shall remain in its natural condition or be landscaped to help reduce the view of houses or other uses on the site from the adjacent street and preserve the rural view.

ii.

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public street rights-of-way.

iii.

Protects the rural roadside character by establishing buffer zones along scenic corridors and improves public safety and vehicular carrying capacity by ensuring that all development is accessed from interior roadways and not directly onto streets bordering the PUD.

iv.

Shall be configured so the open space is reasonably usable by residents of the PUD.

v.

The minimum size of a required open space shall be 20,000 square feet; provided, however, the required open space abutting a public street may be less than 20,000 square feet; and, further provided, that the plan commission may recommend, and the county commissioners may approve other open space areas of less than 20,000 square feet if those areas are designed and established as pedestrian or bicycle paths or are otherwise determined to be reasonably usable by residents of the PUD;

vi.

Shall be of sufficient size and dimension and located, configured, or designed in such a way as to achieve the applicable purposes of this section and enhance the quality of the development.

vii.

The open space shall neither be perceived nor function simply as an extension of the rear yard of those lots abutting it.

viii.

To the extent practical, open space areas shall be linked with adjacent open spaces, public parks, bicycle paths or pedestrian paths.

ix.

Shall be located so as to be reasonably accessible to all residents of the PUD. Pedestrian access points to the required open space areas from the interior of the PUD shall be provided and shall be clearly identified by signs or a visible improved path for safe and convenient access.

x.

Grading shall be minimal, with the intent to preserve existing topography and landscaping where practical; and

xi.

May contain ball fields, tennis courts, swimming pools and related buildings, community buildings, golf courses, and similar recreational facilities.

A.

Pre-application conference. A pre-application conference shall be held with county staff for the purpose of determining the eligibility of the request for consideration as a PUD.

i.

A request for a pre-application conference shall be made to the development director. As part of the pre-application conference, the applicant shall submit copies of a sketch plan in sufficient quantity, as specified by the planning administrator, which shows the property location, boundaries, significant natural features, vehicular and pedestrian circulation, and conceptual land use for the entire site.

ii.

The development director shall advise the applicant of the conformance of the PUD concept with the intent and objectives of this section, whether the concept qualifies under the requirements of this section, and whether the general concept is substantially consistent with the county's comprehensive plan.

iii.

Formal action shall not be taken at a pre-application conference, and statements made at the pre-application conference shall not be considered binding commitments or an approval of the concept.

B.

PUD application and concept plan submittal. An application for rezoning to PUD shall be submitted to the development director on a form for that purpose, along with an application fee in accordance with the schedule of fees established by the county commissioners. In addition, the application shall include a concept site plan, project narrative and other applicable information as described in this subdivision.

C.

Site plan. The PUD concept site plan shall be drawn to an engineer's scale of not less than one inch = 100 feet that includes all of the following:

i.

General information.

a.

General location map.

b.

Legal description of the subject property.

c.

Title block, date, north arrow, scale, name and contact information of applicant and name and contact information of plan preparer.

ii.

Existing conditions.

a.

Topographical map clearly showing existing topography, including contour intervals of no more than two feet based on field survey or photometric methods.

b.

Map showing the existing flood plains as indicated by the Federal Emergency Management Agency.

c.

Location of existing natural features including woods, streams, ponds, wetlands and steep (25 percent or greater) slopes.

d.

Existing land uses within the development site and adjacent properties for a distance of 300 feet, including the approximate location of all buildings, structures, lots, and streets.

e.

Existing zoning on all abutting properties.

f.

Approximate location of existing public water and sanitary sewer.

iii.

Proposed development.

a.

Conceptual layout and type of uses (residential, commercial, office, mixed-use, manufacturing) proposed within the PUD.

b.

Approximate acreage and percent of total site devoted to each land use type.

c.

Number and type (single family, two-family, townhome, multiple- family) of dwelling units proposed.

d.

Minimum lot size and maximum density for residential development.

e.

Natural features and open space to be preserved, including acreage and percent of total site.

f.

General location of proposed interior streets and access points to abutting streets.

g.

Location of parking facilities and approximate number of parking spaces.

h.

Preliminary utility and drainage concept plan illustrating proposed location of water and sanitary sewer, storm water management, and rough grading; and

i.

Elevation sketches or photos of representative building types, indicating the proposed architectural style and appearance.

j.

Emergency equipment required (fire hydrants and tornado sirens), see section 4.

The

PUD concept plan shall be accompanied by a narrative that describes:

i.

The proposed PUD concept and its uses.

ii.

The zoning district(s) upon which the proposed density and the area, height and placement requirements are based.

iii.

"Table of Modifications," as specified below.

iv.

The proposed timeframe and phasing of the development; and

v.

How the PUD satisfies the goals, policies, and recommendations of the comprehensive plan.

D.

Traffic study. Showing impact of proposed improvements on surrounding roads, as well as suggested remediation of impact to minimize burden on the county and neighboring residents.

E.

Table of modifications. All proposed modifications from the density, area, height, and placement requirements of the base zoning district(s) shall be identified in table form in the concept plan narrative. The table shall also detail all modifications from off-street parking regulations, sign, landscaping, general provisions, or subdivision regulations that would otherwise be applicable to the uses and development proposed in the absence of the proposed PUD. This table shall clearly identify the ordinance regulation in comparison to the requested modification.

F.

Phases. For projects proposed to be developed in phases, the PUD concept for the entire site shall be submitted for PUD concept plan approval. A map showing boundaries of anticipated phases shall be submitted, along with an expected timeline for development of each phase.

A.

The plan commission shall review the PUD concept plan at a regular or special meeting. Upon determination by the plan commission that the application meets the requirements of this section, a public hearing shall be set for a certain date. Notice of the public hearing shall conform to the requirements of the Indiana Code.

B.

If required by the plan commission, the applicant shall submit additional information and/or studies to support the request which may include, but is not limited to traffic impact, community impact, economic feasibility or engineering of drainage or utility systems.

C.

Following the public hearing, the plan commission shall review the PUD concept plan in consideration of public hearing comments, technical reviews from county staff and consultants, correspondence from applicable review agencies and compliance with the standards of this section and other applicable standards and requirements of this ordinance. The plan commission shall recommend approval, approval with conditions or denial of the PUD to the county commissioners.

D.

Following receipt of a recommendation from the plan commission on the PUD rezoning and PUD concept plan, the county commissioners shall, after a public hearing at the plan commission, review the rezoning and concept plan.

E.

Upon approval by the county commissioners, the property subject to the PUD application shall be rezoned to PUD.

F.

Reasonable conditions may be attached to the approval of a PUD for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity; protecting the natural environment and conserving natural resources; ensuring compatibility with adjacent uses of land; promoting the use of land in a socially and economically responsible manner; and furthering implementation of the county comprehensive plan.

G.

Conditions attached to the approval shall be incorporated into the PUD agreement required to be submitted with the final PUD site plan.

H.

Approval of the PUD concept plan by the county commissioners shall confer upon the owner the right to proceed through the subsequent final planning phase for a period not to exceed two years from the date of approval. If application for final plan approval for the PUD or a phase of the PUD is not submitted within this time period, the PUD concept plan approval shall automatically become null, and void and all rights thereunder shall terminate. The county commissioners may, for worthy cause, approve one extension of up to one year, if requested in writing by the applicant prior to the expiration date of the original concept plan approval. Upon expiration of a PUD concept plan, the county commissioners may direct the plan commission to conduct a public hearing and make a recommendation to revoke the PUD zoning and rezone the property to its original designation or other district, as appropriate.

I.

Final development plan. Following PUD concept plan approval, a final PUD site plan for the entire PUD or individual phases of the PUD shall be submitted.

J.

All final PUD site plans subsequently submitted shall conform with the PUD concept plan, all conditions attached to preliminary approval, the PUD agreement, and the requirements of this section.

K.

Prior to issuance of any building permits or commencement of construction on any portion of the PUD, the applicant shall enter into an agreement with the county, in recordable form, setting forth the applicant's obligations with respect to the PUD. The agreement shall be approved by the county commissioners and shall include the following:

i.

The agreement shall describe all improvements to be constructed as part of the PUD and shall incorporate, by reference, the final development plan with all required modifications, other documents which comprise the approved PUD, and all conditions attached to the approval.

ii.

Provisions for irrevocably committing all designated open space areas for use by the public or occupants of the development shall be included in the form of deed restrictions, conveyances, or other means acceptable to the county commissioners.

iii.

A phasing plan shall also be submitted, describing the intended schedule for start and completion of each phase and the improvements to be undertaken in each phase.

iv.

The agreement shall also establish the remedies of the county in the event of default by the applicant in carrying out the PUD and shall be binding on all successors in interest to the applicant.

v.

A statement binding the agreement and approved final development plan to any future owners.

vi.

All documents shall be executed and recorded in Hamilton County.

L.

If the PUD is to be developed in phases, the final development plan may be submitted for one or more phases of the overall PUD. The applicant must submit a request for final development plan review of the initial phase within two years of the county commissioners' approval of the PUD rezoning and the concept development plan. A tentative schedule for the completion of each phase and the commencement of the next phase shall also be submitted to the plan commission for approval.

M.

The plan commission shall review the final PUD development plan and shall determine that the plan is in substantial conformance with the approved PUD concept plan.

N.

Minor changes from the approved PUD concept plan may be approved.

O.

Any changes from the approved concept plan not determined to be minor shall require that a new PUD concept plan be submitted and approved before further consideration of the changed plan(s).

P.

If the plan commission determines that the final PUD site plan is in conformance with the approved PUD concept plan, it shall review the final plan and shall approve, deny, or approve the final plan with conditions.

At the option of the applicant, a primary subdivision plat may be filed along with the PUD concept plan in order that tentative approval of the subdivision by the plan commission may be granted, pending approval of the PUD concept plan.

In no case shall subdivision approval precede the approval of the PUD concept plan.

Site development regulations, specifications, and procedures governing the platting of a planned unit development and plat approval shall be in accordance with the county subdivision control ordinance.

In considering the PUD request, the plan commission or county commissioners, as applicable, must find that the proposed development meets all requirements and qualifying conditions, as well as the following general standards:

A.

The PUD will comply with the standards, conditions, and requirements of this section.

B.

The PUD will promote the intent and purpose of this section.

C.

The proposed project will be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the proposed project.

D.

The proposed project will be consistent with the public health, safety, and welfare needs of the county.

E.

Granting the PUD rezoning will result in a recognizable and substantial benefit to ultimate users of the project and to the community, which would not otherwise be feasible or achievable under the conventional zoning districts.

F.

The PUD will not result in a significant increase in the need for public services and facilities and will not place an undue burden upon surrounding lands or the natural environment unless the resulting adverse effects are adequately provided for or mitigated by features of the PUD as approved.

G.

The PUD will be consistent with the county's comprehensive plan and consistent with the intent and purposes of this section. Specifically, the following planning principles shall be adhered to, as applicable:

i.

Preserving existing views along roads where natural vegetation, open fields and meadows, and woods predominate.

ii.

Protecting and preserving existing natural features and resources including wetlands, woodlands, streams, creeks, steep terrain, and rural vistas.

iii.

Promoting walkability within the community.

iv.

Ensuring new development reflects the desired community character; and

v.

Maintaining a high quality of development exhibited through architecture, building materials and site amenities.

H.

The PUD will not result in significant adverse effects upon nearby or adjacent lands in the county and will not change the essential character of the surrounding area.

I.

The PUD will respect or enhance the established or planned character, use and intensity of development within the area of the county where it is to be located.

Construction shall have commenced and proceeded meaningfully toward completion within 12 months of the date of final development plan approval, in accordance with the following:

A.

Except as otherwise provided in subparagraphs this section, if construction has not commenced within 12 months, the applicant may request one extension of up to 12 additional months. The request shall be submitted, in writing, to the plan commission prior to the expiration of the original 12-month time limit and shall provide reasonable evidence to the effect that unforeseen difficulties or exceptional circumstances have been encountered, causing delay in commencement of the PUD. If an extension is not requested or is not submitted prior to the expiration of the original time limit, the PUD final development plan shall become invalid.

i.

If a final development plan was approved prior to, but less than two years before, the date of adoption of this ordinance and construction has not commenced and proceeded meaningfully toward completion, the plan commission may, in its discretion, grant one extension not exceeding six additional months. A written request for that extension shall be submitted within three months of the adoption date of this ordinance. In that written request, the applicant shall provide reasonable evidence to the effect that unforeseen difficulties or exceptional circumstances have been encountered, causing delay in commencement of the PUD.

ii.

If a final development plan was approved two years or more before the date of adoption of this ordinance and construction has not commenced and proceeded meaningfully toward completion, the approval shall expire three months following adoption of this ordinance and no extension of the time limit shall be considered or granted.

B.

In the event meaningful progress toward completion has not commenced within the original 12- month period or an approved extension, any building permits or other permits issued by the county for construction within the PUD shall be of no further effect and the owner shall be notified, in writing, of that expiration by the planning administrator.

C.

Following expiration of the time limits, the county commissioners or plan commission may initiate proceedings to rezone the PUD site to some other district(s).

D.

For purposes of this section, meaningful progress toward completion shall mean, at a minimum, all of the following: site clearing, rough grading, and installation of infrastructure improvements such as underground utilities.

A.

The board of zoning appeals shall have no jurisdiction to hear appeals of or make interpretation of any decisions regarding this section or a proposed PUD concept plan or final development plan.

B.

This shall not prevent an individual lot owner from seeking a variance following the final approval of the PUD; provided that:

i.

The board of zoning appeals may only grant variances from area, height, and placement requirements for individual lots.

ii.

A variance shall not be considered that would affect any condition of the approved PUD, any requirement of the approved and recorded PUD agreement, or would increase the residential density of the project.