Chapter 18.70
PLANNED UNIT DEVELOPMENT DISTRICTS
Sections:
18.70.030 Development standards.
18.70.040 Application procedure.
18.70.050 Preliminary plan hearing.
18.70.060 Approval of the final detailed plan.
18.70.070 Covenants and maintenance.
18.70.120 Expiration, abandonment, and extensions.
18.70.130 Limitation of rezoning.
18.70.010 Purpose.
(A) The purpose of this chapter is to provide greater design flexibility in the development of land when consistent with the comprehensive plan and intent of the zoning ordinance. The use of planned unit development districts shall be encouraged when such use:
(1) Promotes a harmonious arrangement of uses.
(2) Provides for an economy of shared services and facilities.
(3) Is compatible with surrounding areas and/or fosters the creation of attractive, healthful, efficient and stable environments for living, shopping or working.
(B) The planned unit development district regulations and procedures may apply to the redevelopment of presently developed lands, or the development of open or vacant lands.
(C) Planned unit development district regulations are intended to encourage innovations in land development techniques so demands of the community may be met with greater flexibility in design and layout of sites and buildings, and by efficient use and conservation of open spaces and other amenities generally aimed to enhance the quality of life.
(D) Authority to Vary Regulations. In connection with approving a planned unit development district, the plan commission and the town council shall have the authority to approve a planned unit development district that varies from the provisions of this zoning ordinance or of the subdivision control ordinance; provided, however, that such variation:
(1) Will achieve the purposes for which planned unit developments may be approved pursuant to the requirements of this chapter.
(2) Will not violate the general purposes, goals, and objectives of the zoning ordinance and the town’s comprehensive plan.
(3) Will not unduly burden adjacent roadways.
(4) Will result in a development which provides compensating amenities to the town. [Ord. 1659 § 1, 2017].
18.70.020 Permitted uses.
In planned unit development (PUD) zoning district, the following uses may be permitted:
(A) Residential planned developments.
(1) Uses consisting of detached, attached, and multifamily residential uses, or any combination thereof.
(2) Nonresidential uses of a recreational, institutional, or commercial character, which are primarily for the purpose of service and convenience of the anticipated residential population.
(B) Commercial planned developments, including retail, office, or a combination thereof and associated accessory uses including parking and public space.
(C) Mixed-use planned development consisting of commercial and residential uses, and associated accessory uses such as parking and open space.
(D) Business park developments as permitted by the provisions of this title.
(E) Other compatible uses as recommended by the plan commission and approved by the town council. [Ord. 1659 § 1, 2017].
18.70.030 Development standards.
(A) The development standards for planned unit development (PUD) zoning district are intended to provide the town council and the plan commission with a means to evaluate applications for establishment of such districts. Development requirements and any variations from provisions of this title, for all proposed planned unit developments, shall be created and proposed by the applicant as part of the preliminary plan submittals.
(B) The planned unit development shall provide standards for the development that replace or supplant the lot or yard standards established by the underlying zoning districts, other topics regulated by Chapters 18.05, 18.75, 18.80, and 18.85 HMC, and any standards replacing those established by the subdivision control ordinance.
(C) Prior to the approval of any preliminary plan, the plan commission may recommend, and the town council may stipulate, such conditions and restrictions upon the establishment, location, design, layout, construction, maintenance, beautification, aesthetics, operation and other elements of the planned unit development, as deemed necessary for the protection of the public interest, including, but not limited to, bonding requirements, improvement of the development, protection of the adjacent area in order to secure compliance with the standards in this section.
(D) Proposed development standards shall be reflected both in text form and noted on the approved preliminary plan and final development plan and made part of the planned unit development district ordinance.
(E) Development Area.
(1) The minimum lot area for a PUD shall be as follows:
(a) B-1 District: two acres.
(b) B-2 District: one acre.
(c) All other districts: three acres.
(2) The minimum width for a PUD, when measured at the front lot line, shall be 200 feet.
(F) Open Space.
(1) No planned unit development district shall be approved unless such district provides for protection and preservation of the natural and sensitive areas within the proposed district. Such space may take the form of a preserved green space, nature or pedestrian walks, and natural areas or public space. Land dedicated for any preservation or public purpose may be credited for the purpose of calculation of the overall development density for the PUD at the discretion of the plan commission.
(2) Where a planned unit development is to be developed in phases, dedication of open space land may also be phased based on an approved development plan by the plan commission.
(3) Maintenance of the dedicated open space shall be provided for in the planned unit development’s restrictive covenants recorded as part of the project.
(G) Creativity in Design. To promote creative and innovative urban design and streetscapes, each planned unit development district shall institute within its covenants a monotony provision for all developments. Such monotony provision shall set forth the standards for variation in building design and facades including building colors, setbacks and sizes, so that a mix of building styles is realized.
(H) Density Requirements. The overall density of the development in a planned unit development district, either in terms of residential units per acre aggregate, gross floor area of business, industrial or manufacturing uses, or other units of measure contained elsewhere in this zoning ordinance, shall be those specified in the applicant’s planned unit development district ordinance establishing such district and as approved by the plan commission and town council.
(I) Water and Sewer Availability.
(1) Provision of appropriately sized public or private water facilities and sanitary sewers shall be required for all planned development.
(2) It shall be required that all planned unit developments provide necessary easements or set aside land for future rights-of-way for abutting properties or future extension of all utilities to such properties, regardless of the ownership of such properties, for future developments.
(3) All utilities, water and sewer facilities within the planned unit development shall conform to the town’s design and construction standards, as set forth in the Highland subdivision control ordinance or as it may be established by the town or other public agencies.
(J) Building Setback Requirements. All setback requirements of the underlying zoning district shall be applied unless specifically approved by the plan commission in the approved final development plan.
(K) Height Requirements. No structure shall exceed the maximum height established in the underlying zoning district unless specifically approved by the plan commission.
(L) Parking. All planned unit development districts shall meet the parking requirements of Chapter 18.80 HMC and the underlying zoning district unless specifically approved by the plan commission.
(M) Signage. Internal wayfinding sign(s), as a part of a unified sign design, shall be exempt from the sign permit process, provided the signs are in compliance with the related provisions of Chapters 18.85 and 18.90 HMC, if applicable. The area of such signs shall not count against the maximum amount of signage permitted for the subject development. All other signs shall be governed by the regulations of Chapter 18.85 HMC.
(N) Transitional Yards. All planned unit development (PUD) zoning districts shall meet the yard and setback requirements of the underlying ordinance, except that where any development abuts any natural area, floodplain, stream bank, or wetland area, a setback shall be required as set forth in Chapter 18.10 HMC. Similarly, no building shall be constructed closer than 20 feet from an existing trail or designated pedestrian path.
(O) Public Streets.
(1) Each planned unit development district approved pursuant to this chapter shall have frontage on a public street and gain access from said street. All streets, roads or public access roads within the planned unit development shall conform to the town’s design and construction standards, as set forth in the Highland subdivision control ordinance or as it may be established by the plan commission, the town, or other public agencies.
(2) It shall be required that all planned unit developments provide necessary easements or set aside land for future public rights-of-way for abutting properties or future extension to such properties regardless of the ownership of such properties.
(3) Where public streets are required by the comprehensive plan or the plan commission, as deemed necessary, they shall be dedicated and constructed in conformance with the minimum street specifications prescribed by the comprehensive plan, thoroughfare plan, subdivision control ordinance, and other town standards as they may be applicable.
(4) The road system of a planned unit development shall be designed to coordinate with existing, proposed, and planned streets, pedestrian facilities, existing and proposed trails, and access to adjoining subdivisions and neighborhoods.
(5) Whenever a proposed planned unit development abuts undeveloped land or a future development phase of the same development, street stubs shall be provided as deemed appropriate by the building administrator to provide future access to abutting properties or to logically extend the road system.
(P) Private Streets.
(1) Private street rights-of-way and pavements in a planned unit development (PUD) zoning district shall be constructed in conformance with the minimum street specifications prescribed by the subdivision control ordinance, except as described in the final development plan approved by the plan commission.
(2) Private streets that are accessible to the public shall meet all applicable landscape requirements of this title.
(3) Private streets shall be maintained by the owners so that fire, police, health, school, and public utility vehicles have adequate access. Adequate access includes providing an adequate turning area.
(Q) Utilities. Underground utilities, including telephone, cable and electrical systems, are required within the limits of the planned unit development (PUD) zoning district.
(R) Development Incentives.
(1) Where a planned unit development incorporates mixed uses, the minimum required parking for the entire site may be reduced by 10 percent.
(2) Bonus Density. The overall density of a planned unit development may be increased from the permitted amount in the underlying zoning district by incorporating a variety of public amenities or pedestrian facilities within the subject property. Such bonus density incentives shall be regulated by the following:
(a) Residential Planned Unit Developments.
1. Improved Public Open Space. One square foot reduction of minimum lot area per 400 square feet of approved public open space, provided the public open space is not less than one acre in area.
2. Pedestrian Trail. One square foot reduction of minimum lot area for every 200 square feet of pedestrian trail corridor connecting to an existing or proposed park, or a regional trail. This bonus may only be credited when the following provisions are met:
A. The provided trail corridor is a minimum 50 feet in width.
B. The pedestrian trail has a minimum of 10-foot-wide pavement.
C. Where natural areas for preservation are incorporated into the trail corridor, a maximum 50-foot width may be claimed as part of the pedestrian trail credit, with the remainder being credited as a preserved natural area.
3. Preservation of Natural Areas. One square foot reduction of minimum lot area for every 400 square feet of natural area preserved; provided, that a minimum of 75 percent of the preserved natural area is undisturbed.
4. Cluster Development. In certain special areas, the preservation of natural, historic, or cultural resources may be highly desirable. In such cases, and in conjunction with the incentives listed above, a cluster development may be permitted. In cluster developments, a reduction of up to 15 percent of the minimum lot size or required yards of the underlying zoning district may be permitted in conjunction with the preservation of on-site natural, historical, or cultural resources.
(b) Nonresidential Planned Unit Developments.
1. Improved Public Open Space. One square foot of floor area per one square foot of approved public and pedestrian space above the minimum required open space area; provided, that such public spaces are easily accessible.
2. Pedestrian Trail and Transit. Up to 10 percent of the floor area, but not to exceed 1,000 square feet, for every building located within one-half mile of a pedestrian trail or transit station. The bonus for pedestrian trails may only be credited when the provided pedestrian facility connects or provides a link to an existing or proposed park, trail, or transit station, and the paved width is not less than 10 feet.
3. Preservation of Natural Area. One square foot of floor area for every 10 square feet of natural area preserved; provided, that such area is no less than one acre and no less than 75 percent of the preserved natural area is undisturbed.
4. LEED Building. The overall net floor area may be increased by a maximum of five percent of the net floor area of all buildings certified as LEED Silver or higher. [Ord. 1659 § 1, 2017].
18.70.040 Application procedure.
The general and specific procedures for filing an application for a planned unit development district are as set forth in the following:
(A) A petition and all other documents required for the requested planned unit development district shall be submitted, which petition shall be signed by the owner or owners of all real estate involved in the petition for the planned unit development district, or which petition shall have attached thereto the notarized consent of all such owners to the filing of such petition.
(B) In review and approval of the application for a planned unit development, the following process shall be followed. Approval of a planned unit development plan does not constitute plat approval. Platting procedures for planned unit developments are defined in this chapter.
(1) Preliminary plan review by the building administrator.
(2) Preliminary plan review by the plan commission.
(3) Preliminary plan review by the town council and zoning map amendment.
(4) Secondary review of a final plan by the plan commission.
(C) The planned unit development petition shall include a preliminary plan and plat for any area proposed for development. Twelve hard copies, or one digital copy each in PDF format and AutoCAD/ArcGIS format, of said plan and plat shall be filed with the plan commission. The preliminary plan and plat shall include the following:
(1) The proposed layout of streets, open space and other basic elements of the plan.
(2) Identification of location and types of structures and their use categories within the area, including proposed densities of said uses.
(3) Proposals for handling traffic, parking, water supply, sewage disposal, storm drainage, lighting, signage and other pertinent development features.
(4) A landscape plan, prepared by a registered landscape architect licensed to practice in the state of Indiana, showing approved and compliant landscape treatments as set forth in this title. This landscape plan shall also include details for tree preservation and removal, as required.
(5) A separate location map to scale shall show the boundary line of adjacent land and the existing zoning of the area proposed to be developed as well as the adjacent land.
(6) The condominium declaration (if applicable), a document creating an owners’ association and any covenants which are to be made part of the planned unit development district as well as the order and estimated time of development.
(7) A statement of the proposed order of development of the major elements of the project, including whether the development will be accomplished in phases and, if so, the order and content of each phase.
(D) The preliminary plan shall be presented to the plan commission with copies for each member thereof and additional file copies for a total of 12 copies drawn to a scale ratio not to exceed one inch equals 100 feet. The preliminary plan may include any additional graphics which will help to explain the features of the development. It shall also be provided to the following checkpoint agencies for their review and comment:
(1) Department of public works.
(2) Police department.
(3) Fire department.
(4) Parks and recreation department.
(E) The petitioner shall provide financial assurance for the satisfactory installation of all public facilities in the form of bonds or any other assurances as are required in the normal procedures of platting pursuant to the provisions of the Highland subdivision control ordinance.
(F) After assignment of a docket number and prior to the date of the public hearing on the preliminary plan as established by the plan commission, the administrator shall meet with the petitioner regarding the preliminary plan and checkpoint agency comments. Checkpoint agency personnel may attend this meeting to provide additional comments and/or clarifications thereto. After such consultation the petitioner may make modifications to the petition. The administrator may require revision to the preliminary plan if the modifications are deemed to be substantive. Such revised preliminary plans shall be made available to the members of the plan commission at least 10 days prior to the date of the public hearing thereon.
(G) Concurrent Filing of a Final Plan. If the preliminary plan expresses development standards in detailed terms and meets the requirements for a final review, the petitioner may also request a secondary review of a final plan by the plan commission. However, approval of a final plan by the plan commission shall be conditioned upon the town council adopting the zone map amendment for the planned unit development district. The requirements for a final plan approval are set forth in this chapter. Approval of the final plan by the plan commission shall be required prior to the issuance of an improvement location permit for any development proposed for planned unit development district. [Ord. 1659 § 1, 2017].
18.70.050 Preliminary plan hearing.
(A) The petition, if and as modified, shall be heard by the plan commission as a petition under the planned unit development district provisions of the zoning ordinance, and subject to the procedures applicable thereto. The plan commission may recommend approval or disapproval of the plan and may impose any reasonable condition(s) with its affirmative recommendation.
(B) If disapproval is recommended, the application shall not be certified to the council of the town of Highland.
(C) If approval is recommended, the preliminary plan shall be stamped “Approved Preliminary Planned Unit Development” and be signed by the president and secretary of the plan commission. One copy shall be permanently retained in the files of the plan commission, one copy shall be returned to the petitioner and one copy and all conditions shall be certified as described below.
(D) The approved preliminary planned unit development shall then be certified to the council of the town of Highland for adoption as a planned unit development district pursuant to the laws governing proposals to change zoning maps. Upon adoption by the legislative body, the petitioner shall prepare the final detailed plan. [Ord. 1659 § 1, 2017].
18.70.060 Approval of the final detailed plan.
The procedures for approval of the final detailed plan shall be as follows:
(A) After adoption of an ordinance by the council to establish a planned unit development district, and before any development takes place, the petitioner shall file with the plan commission a minimum of 12 hard-copy sets, or one digital copy each in PDF format and AutoCAD/ArcGIS format, of the final detailed plan specifying the location, composition and engineering features of all lots, storm drainage, sanitary sewage, water supply facilities, public or private streets, recreation facilities, site perimeter treatment, landscaping, plat and other site development features including locations of buildings. The petitioner shall file the original of all signed and notarized documents pertaining to all restrictive covenants, condominium declaration and/or the creation of a homeowners’ association, along with financial assurance for the satisfactory installation of all public improvements in the form of bonds or such other assurances as are required in the normal procedures of platting, pursuant to the provisions of the Highland subdivision ordinance. The plan commission shall then approve the final detailed plans by duly adopted motion upon an affirmative finding that the final detailed plan is consistent with the approved preliminary planned unit development as adopted and passed by the town council upon rezoning. Having so once approved the final detailed plan, the plan commission shall have no further review or act thereon, except as to enforcement, except as to an amendatory ordinance, and except as hereafter provided for.
(B) The approved preliminary planned unit development may provide for the development of the property involved in phases. If such phasing is included as a part of the approval of the preliminary plan, the petitioner may submit partial final detailed plans which correspond to the phases involved. Such partial final detailed plans, when approved, shall be treated in the same manner as approved final detailed plans for an entire planned unit development.
(C) The approved final detailed plan or phase thereof shall be stamped “Approved Final Detailed Planned Unit Development” and be signed by the president and secretary of the plan commission with one copy permanently retained in the files of the plan commission, following recordation as specified in HMC 18.70.080.
(D) Unless extended by the plan commission pursuant to HMC 18.70.120, approval of the first phase of the final detailed plan shall be obtained within two years of preliminary approval, and approval of the balance of the final detailed plan shall be obtained within five years after adoption of the planned unit development district by the town council.
(E) In the event that approval of a final detailed plan is not obtained within 12 months of initial application, the plan commission may initiate an amendment to remove planned unit development district designation and rezone the property to another land use designation.
(F) Approval of a final detailed plan shall expire after a period of five years from the approved phasing of the preliminary plan, unless the development is 50 percent completed in terms of public improvements, including streets, parks, walkways, utility installations, and sanitary sewers. Determination of the amount of completion shall be made by the plan commission upon a recommendation of the building administrator. Following expiration of the final detailed plan, the town shall declare the bond to be in default and cause all public improvements to be installed according to the final detailed plan. [Ord. 1659 § 1, 2017].
18.70.070 Covenants and maintenance.
The plan commission may require and accept covenants and restrictions to the use of property in the planned unit development as follows:
(A) All covenants, when required by the plan commission, shall be set forth in detail and provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording, signed by the plan commission president and secretary, upon authorization by the plan commission and all of the owners of property in the area involved in the petition for whose benefit the covenant was created. Such covenants shall provide that their benefits run to the plan commission and shall be specifically enforceable by the plan commission in addition to the property owners.
(B) The plan commission may require the recording of such covenants for any reasonable public purpose, including but not limited to the allocation of land by the petitioner for public roads, parks, schools, recreational facilities, and other cited public purposes. Such covenants shall provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within a specific period of time, the covenants shall automatically terminate. If such termination does occur, the petitioners shall then submit for approval by the plan commission a modified final detailed plan for such land, otherwise consistent with the approved preliminary planned unit development.
(C) The plan commission may require the recording of covenants for any other reasonable purpose, including but not limited to imposing standards for the development of property in a planned unit development. Such development standards may include, but are not limited to, requirements as to the following:
(1) Lot area.
(2) Floor area.
(3) Ratios of floor space to land space.
(4) Areas in which structures may be built (“buildable area”).
(5) Open space.
(6) Setback lines and minimum yards.
(7) Building separations.
(8) Height of structures.
(9) Signs.
(10) Off-street parking and loading space.
(11) Design standards (including landscaping requirements).
(12) Phasing of development.
(D) Adequate provision shall be made for a private entity with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities, including private streets, jointly shared by such property owners if such facilities are a part of the planned unit development, and in such instances legal assurances shall be provided and recorded which show that the private organization is self-perpetuating.
(E) Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(F) All private streets shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit. [Ord. 1659 § 1, 2017].
18.70.080 Recording.
(A) All approved final detailed planned unit development plans and plats and any modifications thereof shall be recorded in the office of the Lake County recorder within two years after approval, but before any development takes place.
(B) The certification of recording shall be kept on file with the plans and plats.
(C) Failure to record shall automatically void the approval of the final detailed planned unit development.
(D) Upon the completion of all development, the developer shall submit exact measurements as to the location of buildings or structures erected during the development. The developer shall submit a copy of the approved final detailed planned unit development to the administrator as an amended final detailed planned unit development. The exact measurements shall be shown on said amended plan. Once satisfied that the measurements are substantially the same as was indicated on the original final detailed planned unit development, the administrator shall approve, date, and sign the amended final detailed planned unit development, which the developer shall then record. [Ord. 1659 § 1, 2017].
18.70.090 Permit.
An improvement location permit shall be issued for a planned unit development district upon full compliance with the approved final detailed planned unit development. [Ord. 1659 § 1, 2017].
18.70.100 Plan modifications.
(A) Major Modification. Any proposed major change or modification to an approved final development plan shall be approved by the plan commission and require a public hearing prior to such approval. Major modifications shall involve changes in land use and scope of development, including but not limited to:
(1) Development density.
(2) Height of the buildings.
(3) Architectural style, material, and landscape treatment.
(4) Infrastructure, circulation patterns or street standards.
(5) Open and public space.
(6) Changes in covenant and written commitment.
(7) The approved maps in the planned unit development (PUD) zoning district ordinance.
(8) Any other significant change that infringes upon the overall intent and purpose of the development as determined by the plan commission.
(B) Minor Modification. Any other proposed change or modification to an approved final development plan shall be considered a minor change. Minor changes shall require approval by the plan commission, but shall not require a public hearing. [Ord. 1659 § 1, 2017].
18.70.110 Construction.
(A) No construction or installation work shall be done on any public improvements until the petitioner has, at least 24 hours in advance, notified the appropriate governmental inspector(s) of his intention to begin such work, in order that inspections may be made as the work progresses.
(B) All development shall be in conformity with the approved and recorded final detailed planned unit development and any material deviations from the approved and recorded final detailed planned unit development shall be subject to the appropriate enforcement action as provided for in this chapter. [Ord. 1659 § 1, 2017].
18.70.120 Expiration, abandonment, and extensions.
(A) A development plan and the corresponding preliminary plat approval shall expire 12 months from the date of adoption of the planned unit development (PUD) zoning district by the town council if, in the opinion of the town staff, no construction activity has begun. Similarly, any preliminary approval regarding the development plan which was approved by the plan commission shall expire after 12 months if no final plan has been submitted by the applicant.
(B) In the event of phased development, approval for each development phase shall be valid for a period of two years, at which time, unless the proposed development for that phase has received a building permit, and construction has begun, or the approval extended, the development plan approval shall expire.
(C) Any preliminary plat approved by the plan commission shall expire after one year if no final plat, or request for extension, has been submitted by the applicant.
(D) Abandonment shall have occurred when no improvements have been made subsequent to the approved final detailed planned unit development for 24 consecutive months. Upon the abandonment of a development authorized under this section, or upon the expiration of five years from the date of the approval of a final detailed planned unit development for a development which has not been completed, an amendment may be initiated as provided by law to the zoning map so that the land will be zoned into a category or categories which most nearly approximate its then existing use or such other zoning category or categories which the plan commission deems appropriate.
(E) One extension, for accomplishing any processes required by this chapter, or for resuming construction activity in an abandoned development may be granted by the plan commission upon a written request from the applicant. The extension length shall not exceed one year for a new development or six months for a development phase of a continuing project. All requests for extensions must be submitted at least 60 days prior to expiration time of the application. [Ord. 1659 § 1, 2017].
18.70.130 Limitation of rezoning.
The plan commission shall not initiate any amendments to the zoning map concerning the property involved in a planned unit development before completion of the development as long as the development is in conformity with the approved final detailed planned unit development and is proceeding in accordance with the time requirements imposed herein. [Ord. 1659 § 1, 2017].