Chapter 18.120
PLANNED UNIT DEVELOPMENT
Sections:
18.120.030 General requirements.
18.120.040 Procedures for primary approval.
18.120.050 Procedures for secondary approval.
18.120.056 Alternative review and approval procedures.
18.120.060 Abandonment or expiration.
18.120.010 Purpose.
Planned unit development recognizes the need to vary the zoning code to provide residential, commercial, and industrial areas or a combination of the above which match the creative approaches of the building industry with the unique land and housing demands of the City. This classification is designed to allow more flexible regulations while preserving the purpose of this zoning code. In return for allowing more flexible zoning regulations the developer shall be required to preserve common open space or any environmentally sensitive areas. [Ord. G-2020-4 § 1, passed 4-13-20; Ord. G-96-13, passed 8-19-96; Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 1; 1982 Code § 153.145; 1983 Code § 15.153.145.]
18.120.020 Uses.
A building or land may be used, and a building may be erected or altered for any residential, commercial, or industrial use which is part of a planned unit development. Common open space must be provided unless specifically waived by the Area Plan Commission. Detention basins will not be considered as open space in a planned unit development. [Ord. G-2020-4 § 1, passed 4-13-20; Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 2; 1982 Code § 153.146; 1983 Code § 15.153.146.]
18.120.030 General requirements.
In residential developments, the nonresidential uses must be planned and established primarily to serve the residents of the development. The developer shall follow the proposed time and order of completion approved by the Area Plan Commission. [Ord. G-2020-4 § 1, passed 4-13-20; Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 3; 1982 Code § 153.147; 1983 Code § 15.153.147.]
18.120.040 Procedures for primary approval.
(A) Preliminary Action.
(1) A person desiring the creation of a planned unit development district must submit to the Area Plan Commission a proposed planned unit development district ordinance (“PUD district ordinance”) containing the following information and general development requirements applicable to the proposed PUD (the “general plan”):
(a) Proposed dimensional layout to a scale not exceeding 100 feet to an inch of streets, buildings or building envelopes, open space, lots, and other elements basic to the proposed use as related to the site;
(b) Proposed locations, and amounts and types of uses;
(c) Proposed plan for handling traffic flow, parking, sewage disposal, drainage, water supply, and other pertinent development features;
(d) Boundary lines of adjacent lands within 100 feet of the PUD district;
(e) Existing zoning classification;
(f) Proposed time and order of completion, including phasing of development and platting, if applicable, provided however that this is for information only and does not become a binding element of the general plan if the proposed PUD district ordinance receives primary approval;
(2) The proposed PUD district ordinance may contain an approximate drawing so long as it adequately states the information required in subsection (A)(1) of this section.
(3) Unless the proposed PUD district ordinance is submitted with a subdivision plat for concurrent approval pursuant to EMC 18.120.056(B), the proposed PUD district ordinance shall be submitted to the review committee established by EMC 18.170.010, but its review and recommendations under this chapter shall not be appealable to the Board of Zoning Appeals. The director shall consult with the person submitting the proposal to notify the petitioner of the modifications necessary prior to submission of the proposed PUD district ordinance to the Area Plan Commission.
(B) Plan Commission Action.
(1) The proposed PUD district ordinance shall be considered, along with any modifications recommended by the applicable review committee, at a regular meeting of the Area Plan Commission in the same manner as a petition for an amendment to the zoning code.
(2) The Area Plan Commission shall recommend approval or denial, or make no recommendation, of the proposed PUD district ordinance to the Common Council. The APC may, at their discretion, place additional conditions or limitations on the recommended approval of the PUD district ordinance as are necessary to ensure that the development will conform to the purposes of this chapter, and may require written commitments pursuant to IC 36-7-4-1015.
(C) Common Council Action. At the conclusion of the Area Plan Commission hearing, which may be continued from time to time, the proposed PUD district ordinance and the Area Plan Commission’s recommendation for primary approval, approval with conditions, or disapproval shall be forwarded to the Common Council for consideration in the same manner as a petition for amendment to the zoning code.
(D) On adoption by the Common Council, the PUD district ordinance shall be returned to the Area Plan Commission which shall retain jurisdiction over the development. [Ord. G-2020-4 § 1, passed 4-13-20; Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 6; 1982 Code § 153.148; 1983 Code § 15.153.148.]
18.120.050 Procedures for secondary approval.
(A) When a PUD district ordinance has received primary approval from the Common Council with only a general plan, a detailed site plan containing development requirements (the “detailed plan”) must be submitted to the Area Plan Commission for consideration, and must receive approval by the Area Plan Commission (“secondary approval”) prior to the commencement of any development within the PUD district. The petitioner may choose their own development requirements/standards, which shall apply to the proposed PUD district, choose the existing (pre-PUD) zoning or subdivision standards, or any combination thereof. For any requirements/standards that are not specified, those of the existing (pre-PUD) zoning district shall apply.
The detailed plan must include the exact locations, composition, and engineering features of all the following items:
(1) Lots, buildings, and structures, including:
(a) Provisions for the ownership and maintenance of areas held in common and remedies available to the county if deterioration of these areas occurs;
(b) Lot area;
(c) Building or building envelope size (area);
(d) Ratios of building or building envelope area to lot area;
(e) Areas in which buildings or structures may be built;
(f) Open space;
(g) Height of buildings and structures;
(h) Signs;
(i) Off-street parking and loading space;
(j) Streets and rights-of-way;
(2) Drainage facilities;
(3) Sewage and water facilities;
(4) Recreational areas;
(5) Any other pertinent features the Area Plan Commission may require.
(B) The Area Plan Commission may approve or deny the detailed plan, but may not approve if it is significantly inconsistent with the PUD district ordinance that received primary approval. A denial does not impair future secondary approval. The detailed plan will become part of the PUD district ordinance upon secondary approval.
(C) The detailed plan must be submitted to the Area Plan Commission for secondary approval within one year after primary approval by the Common Council of the PUD district ordinance, or the provisions of EMC 18.120.060 regarding abandonment will be invoked. The Area Plan Commission may extend the time limit for good cause.
(D) Detailed plans for limited portions of the development may be submitted for secondary approval in phases. [Ord. G-2020-4 § 1, passed 4-13-20; Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 7; 1982 Code § 153.149; 1983 Code § 15.153.149.]
18.120.055 Modifications.
(A) Approval by Executive Director. The Executive Director shall have the authority to review and approve minor modifications from certain dimensional or numeric standards of the PUD district ordinance without additional public hearings or consideration by the Site Review Committee. Minor modifications allowable by this subsection include the following:
|
Standards |
Allowable Modifications |
|---|---|
|
Lot area |
10 |
|
Lot width |
10 |
|
Lot coverage |
10 |
|
Height |
10 |
|
Front yard |
15 |
|
Side yard |
15 |
|
Rear yard |
15 |
|
Accessory building height |
10 |
|
Parking for single-family residential lots |
50 |
(B) Approval by Site Review Committee. Minor modifications beyond those standards identified above may be approved by the Site Review Committee without repeating primary or secondary approval if the modifications meet the intent of the general plan for the PUD district ordinance. Such additional minor modifications include parking requirements, landscape requirements, pavement widths, changing the location of a building or building envelope on a lot, flipping a building footprint, curving or straightening a road, and similar changes that would not result in a change in additional traffic, water runoff, buffering, or land use impacts to adjacent properties or the overall character and function of the PUD. The removal of right-of-way for a public street that precludes street construction or compliance with the requirements of the detailed plan, additions to the total number of lots, any decrease to the total common area, and any removal of needed offsite utility or drainage easements, are not minor modifications.
(C) Approval by the Area Plan Commission. The Area Plan Commission may review and approve:
(1) Minor modification requests referred to it by the Executive Director or the Site Review Committee, which the director and committee may do at their discretion; and
(2) All other non-minor modifications to the detailed plan that are consistent with the general plan.
(D) The applicant may appeal the decision of the Executive Director or the Site Review Committee regarding any minor modification to the Area Plan Commission. [Ord. G-2020-4 § 1, passed 4-13-20.]
18.120.056 Alternative review and approval procedures.
(A) A proposed PUD district ordinance may be submitted including both the general plan and the detailed plan, and may be approved without the need for subsequent secondary approval after approval by the Common Council, if the level of detail of the proposed PUD district ordinance meets all requirements for both the general plan and the detailed plan as set forth in the application for the PUD district ordinance. Once the PUD district ordinance is approved, the requirements for obtaining an improvement location permit within the PUD district are the same as for non-PUD districts, including requirements for the plan documentation and supporting information that must be submitted.
(B) A proposed PUD district ordinance may include a subdivision plat as part of the detailed plan, in which case both the general plan and the plat shall be forwarded to the subdivision review committee established under the subdivision control ordinance EMC 17.05.010. In such case the review of the PUD district ordinance by the Area Plan Commission shall include concurrent review of the plat for primary approval, with such approval being conditioned upon the approval of the PUD district ordinance by the Common Council, and the Executive Director shall not grant secondary approval of a plat unless and until the PUD district ordinance receives primary approval from the Common Council. All requirements for plat approval for non-PUD districts shall otherwise apply. [Ord. G-2020-4 § 1, passed 4-13-20.]
18.120.060 Abandonment or expiration.
If no improvements, developments, or construction pursuant to an approved detailed site plan/subdivision plat have been made for 36 consecutive months, the Area Plan Commission shall initiate an amendment to the zoning code to rezone the real estate zoned “PUD” to its previous zoning district. [Ord. G-2020-4 § 1, passed 4-13-20; Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 8; 1982 Code § 153.150; 1983 Code § 15.153.150.]
18.120.070 Procedural rules.
The Area Plan Commission may establish rules governing the nature of the proceedings and any notice required to conduct secondary review, grant an approval, or make a modification under this chapter. [Ord. G-2020-4 § 1, passed 4-13-20.]