(A) Creation and purpose.
(1) A Planned Unit Development District is hereby established as an overlay zoning classification. Such District shall not stand by itself, but shall be combined with an existing district. Land hereafter zoned “Planned Unit Development District” shall bear the map designation of “PUD” along with the applicable symbol of the existing zoning classification.
(2) It is the intent of the PUD District to provide land use and design regulations through the use of individual performance criteria, wherein review and approval of a development plan is required by the Plan Commission to ensure that all proposed development will be compatible with surrounding property and that there will be adequate infrastructure to serve the development, so that small-to-large scale neighborhoods, or portions thereof, may be developed with a combination or variety of residential and nonresidential uses, which are planned and developed as a unit.
(3) This section specifically encourages innovations so that the growing demand for housing may be met by a greater variety of type, design and placement of dwellings through the conservation and more efficient use of land. This section also encourages the conservation and more efficient use of the land for nonresidential development.
(4) This section recognizes that a rigid set of space requirements, along with building and use specifications, would frustrate the application of this concept. Therefore, where PUD techniques are deemed appropriate, land may be designated as a PUD Zoning District. When an area is so designated, the use and dimensional specifications elsewhere in this chapter are replaced by an approval process in which an approved development plan, as allowed in I.C. 36-7-4-1500 et seq., becomes the basis for continuing land use control. It should be noted that it is not the intent to solely utilize PUD zoning as a way to circumvent and/or avoid current rezoning processes and/or requirements and standards found elsewhere in this chapter.
(B) Objectives. To carry out the intent of this section, a PUD should provide:
(1) A choice in the types of environment, occupancy tenure, types of housing, types of ownership and community facilities available to existing and potential residents;
(2) Useable open space and recreation areas;
(3) Sidewalks and/or shared use trails along public streets and within the development;
(4) Convenience in the location of accessory commercial and service areas;
(5) Preservation of natural topographical and geological features with emphasis on:
(a) Prevention of soil erosion;
(b) Conservation of existing surface and subsurface water; and
(c) Preservation of tree cover and other environmentally enhancing features.
(6) An efficient network of streets and utilities;
(7) The development of a land use pattern in harmony with the objectives of the City’s Master Plan; and
(8) A more efficient utilization of the land than might be obtained through other development procedures.
(C) Definitions. As used in this section, the following words shall mean:
COMMON OPEN SPACE. An area within a PUD designated and intended for the use or enjoyment of all residents of the development or for use and enjoyment of the general public.
CONCEPT PLAN. A plan for the development of an entire parcel of land, drawn to scale, that generally indicates densities, uses and infrastructure locations including common and limited common open space, and which expresses in general the development requirements which apply.
DEVELOPMENT PLAN. A specific plan for the development of real property which includes a site plan; contains the plan documentation and supporting information required by this section; and satisfies the development requirements specified in this section.
LIMITED COMMON OPEN SPACE. An area within a PUD designed and intended for the use and enjoyment of only the residents of the development.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment. Such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be ancillary to the natural openness of the land.
PLANNED UNIT DEVELOPMENT (PUD). The development of a parcel or area of land as a single entity for a number of dwelling units or a mixture of uses conforming to an approved Development Plan, which may or may not correspond in lot size, bulk or density, lot acreage or other developmental standards to the extent otherwise required in the existing zoning district.
PRIMARY PLAT APPROVAL. The conferral of certain rights pursuant to I.C. 36-7-4-701 through 36-7-4-708 prior to Secondary Plat approval after specific elements of the Development Plan have been agreed upon by the Plan Commission and the City Council.
SECONDARY PLAT APPROVAL. The official action of the Plan Commission taken after all conditions, design and engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion or approval conditioned on the posting of such guarantees within 60 days of secondary plat approval. See I.C. 36-7-4-709 through 36-7-4-711.
SITE PLAN. A site development plan of the entire PUD which delineates:
(1) Property boundary and zoning lines of the subject parcel and all abutting parcels within 200 feet (including existing buildings and topography);
(2) The existing and proposed topography and vegetation of the subject parcel;
(3) The location of all existing and proposed buildings, structures, parking spaces, means of ingress and egress, drainage plans and structures, utility easements, landscaping, signs, lighting and screening devices; and
(4) Any other information that may be reasonably required in order to make an informed determination.
(D) Reference documents. The following city documents shall be reviewed for reference or compliance as noted below:
(1) Chapter 151, Grading, Excavating and Fill: COMPLIANCE.
(2) Chapter 152, Flood Damage Prevention: COMPLIANCE.
(3) Chapter 153, Subdivision Code: REFERENCE.
(4) Chapter 154, Zoning Code: COMPLIANCE with § 154.30.
(5) Design, Construction and Materials Handbook (infrastructure): COMPLIANCE.
(E) General process for development of a PUD.
(1) A property owner or developer who wishes to establish a PUD district upon its property (hereinafter referred to as “applicant”) shall comply with the following procedures:
(a) The applicant shall meet with the Planning Department staff to discuss the concept plan, review the PUD approval process, and obtain the PUD application form.
(b) The applicant shall file an application for rezoning of its property to a PUD District, along with a concept plan and draft of a development plan for a PUD with the Planning Department in accordance with forms provided by the Planning Department.
(c) A Planning Department staff review of the concept plan shall be completed and suggestions or changes may be recommended by the staff. A meeting with the applicant shall be scheduled to review staff comments.
(d) The application for rezoning and the revised concept plan shall be presented to the Plan
Commission for recommendation in a properly advertised public hearing pursuant to I.C. 5-3-1.
(e) The Plan Commission may approve or disapprove the plan after review; request possible modification; make a recommendation to City Council regarding the concept plan, and the request that the land parcel be rezoned PUD. If the Plan Commission recommends approval of the PUD, a PUD District ordinance shall be proposed at this time.
(f) City Council shall consider the recommendation of the Plan Commission and staff and vote on the PUD District, which will include the concept plan and any other general requirements adopted by Council, which will also be attached as an exhibit. The draft development plan with any written commitments or changes will also be attached as an exhibit.
(g) If the PUD District is approved by Council, an ordinance is prepared. The applicant shall then file a primary plat and final development plan with the Planning Department, which document shall be scheduled and properly advertised for public hearing before the Plan Commission. In conjunction herewith, pursuant to I.C. 36-7-4-1511, City Council hereby delegates to the Plan Commission:
1. Authority to conduct secondary review of a PUD District ordinance under I.C. 36-7-4-1509(c); and
2. Authority to modify permitted uses or development requirements that are specified in a PUD District ordinance.
(h) The Plan Commission shall hold a public hearing on the Primary Plat and secondary review of the Final Development Plan and PUD District ordinance.
(i) The primary plat and final development plan shall be considered and either approved or denied by the Plan Commission, as submitted or with required changes.
(j) Upon approval of the development plan, the secondary plat shall be prepared by the applicant and filed with the Planning Department, including all final engineering calculations.
(k) The secondary plat shall be considered for approval by the Plan Commission, and upon approval the secondary plat and final development plan shall be recorded by the applicant. The applicant shall return a copy of the recorded Plat to the Planning Department.
(2) If implementation of a PUD is not started within a period of 12 months, meaning no activity is taking place on a site including marketing of parcels, the applicant must submit a request to the Plan Commission for a 12-month extension with an explanation for the reason for the delay. If, after an additional 12 months with no activity, the Development Plan may be revoked by Plan Commission action. Notwithstanding such revocation, the PUD shall remain in place, unless the Commission initiates a rezoning petition to the prior zoning category.
(F) Uses. All land uses for buildings and property shall be specified in the development plan.
(G) General requirements.
(1) For all Planned Unit Developments, there shall be no minimum acreage required. A public road shall not be deemed necessary to divide acreage.
(2) No building shall be closer than 25 feet to any lot line dividing land inside the PUD from land zoned or used as residential outside the PUD.
(3) Site and structure regulations for PUDs shall adhere to the following regulations:
(a) Lot sizes, dimensions, structure heights and locations may be arranged in conformity to the overall density standards recommended by the Plan Commission or stated in this Section. Minimum lot size and frontage, and maximum lot coverage are not specified. The Plan Commission shall be guided by good planning practice and the purposes of this type of development.
(b) A minimum 50 foot front yard setback shall be provided on any highway or thoroughfare designated as arterial or collector and provisions of § 154.39 shall be adhered to in providing a landscaping plan and are considered a minimum standard.
(c) Every residential dwelling unit, commercial or industrial complex or building shall have access to a public street, court, cul-de-sac, walkway or other area dedicated to public use. The boundaries and extent of the lot or plot upon which any structure is located shall be clearly defined and monuments placed on the property before the property is sold.
(d) All open spaces between structures shall be protected, where necessary, by fully recorded covenants running with the land.
(e) Dedicated streets or highways shall be subject to all applicable municipal, county or state standards.
(f) Right-of-way and pavement widths for internal streets and alleys serving single unit attached or detached dwelling, multiple-family dwellings, townhouse clusters and commercial or industrial developments shall be determined from sound planning and engineering standards in conformity with the following: Estimated needs of the full development proposed and the traffic to be generated and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire fighting equipment and other emergency vehicles. In such instance, other provisions of this section shall not apply but may serve as general guides to the Plan Commission in approving the development plans. In any event, internal roads shall be a minimum of 28 feet in width back-to-back of curb with no on-street parking or a minimum of 34 feet in width with one lane of on-street parking. Pavement widths for internal ways and walks shall be a minimum of five feet. Service drives for public service facilities (vehicular) shall be a minimum of 12 feet in width with no vehicle parking allowed on either side.
(4) An applicant of a PUD shall furnish water and sanitary sewage facilities based on agreement with the appropriate municipal officials and private utilities. The applicant shall provide all necessary storm drainage, highway access, paved service streets, parking facilities, fire hydrants, street lighting and other public improvements deemed necessary by the Plan Commission and Council, and shall make reasonable provision for service to the connections with adjoining properties in other ownership by extending easements to their property boundary. In the event that street lighting is not required by the Plan Commission or City Council as a condition of PUD approval, the applicant shall install a conduit to the specifications set forth by the local utility for the potential future installation of lighting.
(5) The applicant shall provide open space/recreation areas, in every instance, in a manner consistent with good planning practices based on the individual characteristics present in each Planned Unit Development. The open space/recreational areas shall be maintained by the owner, developer, property owners association, or other designated party approved by the Plan Commission.
(6) All PUDs designated by a development plan as a mixed use PUD shall be in compliance with the following:
(a) The minimum area, dimensions and setbacks of individual buildings on interior lots as specified in the Lawrenceburg Zoning Code may be modified in the PUD.
(b) All PUDs shall provide a 20 foot minimum landscaped greenbelt around the perimeter of the entire development. Streets, sidewalks and driveways within the PUD may be extended through the greenbelt in order to connect with streets and sidewalks outside the PUD. This greenbelt shall not be considered part of the required open space. This greenbelt may be reduced to a minimum of 10 feet by the Plan Commission, provided that the applicant include additional landscaping and screen fencing to the satisfaction of the Plan Commission.
(H) Residential PUDs. All PUDs designated by its Development Plan as a residential PUD shall be in compliance with the following regulations:
(1) If a residential PUD is greater than 25 acres, the site plan may include a parcel of land designated for commercial use that is not more than 10% of the total gross square footage of the entire development. The types and design of commercial uses shall be determined and specified as part of the Development Plan and approved by the Plan Commission. Any change of use after the Development Plan approval shall be reviewed and approved by the City Council.
(2) No commercial building shall be built until 50% of the residential buildings are completed.
(3) Minimum area of lots and dimensions and setbacks of individual buildings on lots within the PUD shall be determined as part of the PUD process.
(I) Commercial PUDs. All commercial and mixed use PUDs shall be in compliance with the following regulations:
(1) All commercial PUDs abutting a permitted residential or recreation use shall provide a minimum 25 foot greenbelt along the entire shared boundary and include landscaping, earth berms, and screen walls or fencing as approved by the Plan Commission. Streets, sidewalks and driveways within the PUD may be extended through the greenbelt in order to connect with streets and sidewalks outside the PUD.
(2) All commercial PUDs shall provide a minimum 10 foot greenbelt around the perimeter of the development abutting non-residential or non-recreation uses. This greenbelt shall not be considered part of the required open space.
(3) A maximum of 40% of the total commercial PUD may be used for residential uses. Compatibility shall be determined by the Plan Commission and Council as part of the PUD development plan review and approval.
(J) Industrial PUDs. All industrial PUDs shall be in compliance with the following regulations:
(1) A minimum 30-foot planted greenbelt shall be provided around the entire perimeter. Streets, sidewalks and driveways within the PUD may be extended through the greenbelt in order to connect with streets and sidewalks outside the PUD. This greenbelt shall not be considered part of the required open space and may include landscaping, earth berms, and screen walls or fencing as approved by the Plan Commission.
(2) A maximum of 30% of the total area can be used for commercial uses.
(3) Residential uses are not permitted in industrial PUDs.
(K) Variances.
(1) A requested variance to any specific regulation within this section shall be submitted as part of the development plan. Variances shall be determined acceptable if the Plan Commission finds:
(a) The general requirements of this section would cause unnecessary hardship or practical difficulties because of exceptional and unique topography, access, location, shape, size, drainage or other physical features of the site; or
(b) That due to the size, shape, location, permitted use or uniqueness of the development, a variance would constitute good planning and would not unreasonably affect the public health, safety, morals or welfare, or the rights of adjacent property owners.
(2) All variances adopted by the Plan Commission based on the above findings, shall be part of the approved development plan and may include conditions imposed by the Plan Commission to substantially secure objectives of this section.
(3) For variances requested after the secondary plat and/or final development plan has been approved, § 154.16(D)(5) shall apply. All approved variances shall be recorded on the plat.
(L) Concept plan and development plan procedures.
(1) PUD applicants shall present a concept plan and preliminary development plan to the Planning Department staff for review. Following a meeting with the staff, the applicant shall submit revised plans and related documents in the PUD submittal requirements checklist provided by the city at least 30 days before the respective public hearing of the Plan Commission. The petition shall include a list of all property owners within 200 feet of the PUD and a legal description of the PUD. The Planning Department staff shall review both and advertise the hearing date before the Planning Commission. The Plan Commission shall, if all issues are resolved, make a recommendation on the concept plan to the Council for their action.
(2) A proposed primary plat for a PUD shall be filed with the Planning Department as part of the preliminary development plan.
(3) At least 30 days before the Plan Commission public hearing for the Final Development Plan, the PUD applicant shall submit the required multiple copies to the planning staff of a primary plat and final development plan. The Planning Department will set a public hearing for the Plan Commission. The Plan Commission shall within 30 days of the completed public hearing approve or deny the primary plat with “findings of fact.” If the Plan Commission approves the primary plat, final development plan and PUD findings of fact, the applicant can then present a secondary plat.
(4) If the Plan Commission denies the primary plat or the final development plan, it must specify reasons in a “findings of fact” statement. The Plan Commission may recommend further study of the site and/or development plan and resubmission at a later date. Approval of a primary plat does not obligate the Plan Commission to approve a secondary plat.
(5) An approved final development plan and primary plat is valid for 12 months. If no secondary plat is submitted for approval within 12 months, the PUD applicant must appear before the Plan Commission and request an extension of up to 12 months. If not approved, the zoning reverts to its prior classification. The Plan Commission may approve or deny the extension.
(M) Development plan content. All PUD Development Plan submittals shall contain the following information:
(1) General description of the proposed plan, its land use suitability, compatibility with abutting uses and general benefit to the community;
(2) Name and address of applicant, developer, owner, architect/engineer/planner/designer;
(3) Parcel location map;
(4) Adjacent land uses, topography and all existing streets and driveways within 200 feet of the perimeter of the PUD;
(5) Property boundary map, zoning boundaries, and names and addresses of property owners within 200 feet of the subject property;
(6) Existing topographic features of the site at two foot intervals and existing vegetation;
(7) Location and proposed ownership of all planned open spaces;
(8) Delineation of all uses and area in acres of each use;
(9) Total number of residential units and percent of each type of residential uses;
(10) Delineation of each commercial and/or industrial use, and total number of such units and percent allocated to these uses;
(11) Density percentages of every residential use based on gross acres;
(12) Delineation of all areas within 200 feet of the site used for storm water management areas subject to flooding including the 20, 50 and 100-year flood plain elevations and data on frequency and extent;
(13) Delineation of all areas that lie in an aircraft flight pattern;
(14) Delineation of all easements, right-of-ways, covenants or any other restrictions imposed upon the land or buildings;
(15) Proposed permanent easements for utilities, storm water management system, pavements, sidewalks, alleys and parking including widths as well as provisions for multi-use pedestrian trails when warranted;
(16) General description of community services available to the development’s residents including schools, fire protection, parks and all public/private utilities;
(17) General statement on proposed tenure of ownership and maintenance of common open space; and
(18) Proposed construction schedule.
(N) Secondary plat content and procedures.
(1) A PUD secondary plat of all or part of a PUD primary plat shall be filed with the Planning Department within 12 months after the Plan Commission approves a primary plat. The secondary plat will be placed on a Plan Commission agenda. It does not require a public hearing. The Plan Commission shall have a maximum of 30 days to approve or deny a secondary plat following the Plan Commission meeting. Approval of a secondary plat does not authorize construction unless construction plans, building permits and any necessary surety have also been approved. The recording of the approved secondary plat shall inform all whom deal with the PUD of the restrictions placed on the land and act as a zoning control device.
(2) Content of a PUD secondary plat. All PUD secondary plats shall contain:
(a) Final uses delineated and suitable for recording;
(b) All subdivided lands delineated as required for all subdivisions;
(c) Number for each lot and common open space;
(d) Street names that have been approved by the planning department staff after consultation with other emergency and 911 personnel;
(e) Location and dimensions of all building lots, permanent common open space, easements and rights-of-way;
(f) Reference to protective covenants and final total of acres, building sites by use, and
density of each use;
(g) Other information as required in the Chapter 153; and
(h) Complete stormwater management plans.
(3) At the same time a secondary plat is presented, a PUD applicant also shall provide:
(a) Three copies of design and engineering plans that are drawn to scale and include all easements and construction documents for all infrastructure, prepared and signed by a state licensed engineer, architect or land surveyor; and
(b) An affidavit guaranteeing the completion of all public infrastructure. The guarantee may be in the form of:
1. A developer’s bond of one and one-half times the amount of the estimated cost of all public improvements yet to be completed;
2. Cash in the amount of one and one-half times the estimated cost of all public improvements yet to be completed;
3. A lien to be recorded on all the land proposed to be a part of the PUD, with partial releases possible after the lending institution and the city agree on the estimated cost of all public improvements yet to be completed and the lending institution agrees to hold in escrow one and one-half times the estimated cost;
4. Deposits with the city of other agreed upon collateral equivalent to one and one-half times the estimated uncompleted public improvement cost; or
5. Letter of credit from a financial institution, which can be forfeited if the applicant defaults on installation of infrastructure.
(4) The construction plans for any public improvement and any necessary surety must be approved prior to recording the secondary plat.
(5) An approved secondary plat is valid for 12 months. If no construction, marketing or related activity has commenced within 12 months, the PUD applicant must appear before the Plan Commission and request an extension of up to 12 months. If not approved, the zoning reverts to its prior classification. The Plan Commission may approve or deny the extension.
(O) Findings of fact. The following form will be used for all PUD Development Plan approval or denial by the Plan Commission.
The Lawrenceburg Plan Commission now makes the following findings of fact in support of its approval/denial of the following application for a Development Plan of a Planned Unit Development:
Name of Applicant _________________________________________________
Date _____________________________________________________________
Name of Project ___________________________________________________
This Development Plan of a Planned Unit Development:
______ Is consistent with the stated purpose of the PUD Regulations
______ Meets the requirements and standards of the PUD Regulations
______ Deems the proposed departures from the zoning regulations including but not limited to density, dimensions, area, bulk, and use, to be in the public interest
______ Contains adequate provisions in the physical design for the public services, control over vehicle traffic, roadways, parking, and protection of designated open spaces that further the amenities of light, air, recreational and visual enjoyment
______ Includes adequate structures and storm water management systems built in areas susceptible to flooding, ponding or erosion
______ Is compatible with adjacent properties and neighborhood
______ Adds to the physical development, tax base and economic well being of the entire community
______ Conforms with recommendations of the Lawrenceburg Master Plan
______ Conforms to all local regulations
The Plan Commission approved/denied by a vote of ______ to ______, date ____________________
President of the Plan Commission _________________________________
(P) Amending a pud and/or a development plan.
(1) All PUD’s shall be constructed and developed as delineated on the approved Secondary Plat and Final Development Plan as recorded. All recorded documents and amendments shall be binding on applicants, their successors, grantees and assigns, and shall limit and control the use of the PUD land and location of structures. After all plats and documents have been recorded, any amendments to the PUD shall be reviewed as follows:
(a) Major amendment: Any change which alters the concept, uses or intent of the PUD including increase in density, increase in height of buildings, reduction of open space, changes in sequence of development, changes in road/street standards and/or changes in covenants and/or the approved Development Plan. A major amendment shall require a public hearing and recommendation by the Plan Commission for approval by Council following a second public hearing.
(b) Minor amendment: Any change that does not alter the concept or intent of the PUD or the Development Plan and is not defined as a major amendment. A minor amendment may be reviewed and approved by the Plan Commission upon recommendation of the Planning Department staff and without a public hearing.
(2) All changes to the secondary plat and final development plan shall be recorded with the County Recorder and Auditor as amendments to the secondary plat and final development plan or reflected in the recording of a new corrected secondary plat.
(Q) Fees. Any person, firm, corporation or agent who shall file an application for amendment, or appeal, variance, special use, Planned Unit Development (PUD) or for other certificate of license required under the terms of this section shall be charged a fee in accordance with the City of Lawrenceburg’s established schedule of fees as listed in § 154.42.
(Ord. 99-14, passed 12-20-99; Am. Ord. 10-2001, passed 10-15-01; Am. Ord. 21-2002, passed 8-19-02; Am. Ord. 16-2003, passed 11-17-03)