(A) Description of District. This District is intended to provide more development flexibility and innovative approaches than are possible through the application of customary zoning regulations. The PUD District allows for mixed-uses and mixed densities under one zoning classification to reflect this development trend. This ordinance allows any zoning district to be rezoned for the creation of a PUD District. All PUD Districts shall be consistent with the requirements of this ordinance.
(B) Development standards. All land use classifications that are allowed in this ordinance may be permitted within a PUD, unless otherwise omitted. All various types of development, i.e., residential, commercial or industrial shall meet the requirements of this unified development ordinance, as they apply to those classifications.
(C) Statement of purpose. A PUD District is one that:
(1) Designates a parcel of real property as a Planned Unit Development District;
(2) Specifies uses or a range of uses permitted in the Planned Unit Development District;
(3) Specifies development requirements in the Planned Unit Development District;
(4) Specifies the plan documentation and supporting information that may be required; and
(5) Specifies any limitation applicable to a Planned Unit Development District.
(I.C. 36-7-4-1503)
(D) Applicability.
(1) The provisions of this section shall apply only to a tract of land proposed to be a minimum of five acres.
(2) The provisions of this section shall apply only to proposed new developments and shall not apply to any planned unit development which is now fully or partially developed, nor to any development for which a final authorization has been granted pursuant to a previous ordinance. However, a petitioner may, upon application and approval of the Commission, become subject to all the benefits and requirements of this section, subject to those rights as shall have vested in the owners of the area affected by development under this ordinance.
(E) PUD uses and standards.
(1) Uses. All uses are subject to the discretion and approval of the Plan Commission. Once uses are approved by the Plan Commission, they are granted by right. All land uses proposed in a planned unit development must be compatible with the intent of the comprehensive plan and the characteristics of surrounding land uses and zoning districts.
(2) Development requirements. Unless alternate development or design standards are proposed by the petitioner in the PUD District ordinance and approved by the Plan Commission and the Common Council, the development and design standards established by Chapter 4 shall apply.
(3) Rules and procedures. All proceedings brought under this chapter are subject to the Rules of Procedures of the Plan Commission.
(4) Limitation of ordinance amendments. Any initiative of the Plan Commission to amend the unified development ordinance that would affect an approved planned unit development before its completion shall not be enforced on the planned unit development. New amendments to the ordinance shall only apply to planned unit developments that have been declared abandoned, or for which an approval has expired.
(Ord. 07-16, passed 12-10-2007)
Statutory reference:
Planned unit developments, see I.C. 36-7-4-1500 et seq.
(A) Origination of proposals. Any applicant may propose a Planned Unit Development District in accordance with the procedures established in this chapter. The applicant shall submit an application and fee for planned unit development in accordance with the procedures below in subsection (C) below.
(B) Ownership.
(1) A parcel or site proposed for a planned unit development may or may not be under single ownership.
(2) However, if not under single ownership, the multiple owners must have a contractual agreement:
(a) Not to develop the parcels separately, but in accordance with a single, unified plan; and
(b) In which the separate owners have given their express intentions to enter into a private agreements and to assure its completion as planned and to the satisfaction of the Plan Commission.
(3) The Common Council may grant an extension of the time for a period as it deems in the public interest.
(C) Procedures. The authorization of a planned unit development shall be subject to the procedures expressed herein. There is a four step process. The steps in the process are as follows.
(1) Pre-submittal conference.
(a) Prior to filing a formal application for approval of a planned unit development, the applicant shall meet with and present the general concept to city planning and building staff to discuss the development concept in relation to adopted city policies; and
(b) The pre-design conference is intended only for the above purposes; neither the developer nor the jurisdiction is bound by any decision made during a pre-application conference.
(2) Initial zoning or rezone to a PUD. During this phase, the concept plan and the unique development requirements for the PUD are prepared and submitted for review by the Technical Assistance Committee prior to submission to the Plan Commission and the Common Council in the form of a PUD ordinance. Refer to § 5.3.
(3) Preliminary plan. The preliminary plan can proceed concurrently with the PUD District ordinance. The preliminary plan addresses the layout of the overall site and serves the same function as a primary plat for projects which are to be subdivided. The preliminary plan shall be reviewed by the Technical Assistance Committee and shall be approved by the Plan Commission. Refer to § 5.4.
(4) Final detailed plan. The final detailed plan provides specific detail for development of the site and serves as a secondary plat for parcels which to be subdivided. The final detailed plan shall be reviewed by the Technical Assistance Committee and approved by the Plan Commission, the Administrator or Plat Committee in accordance with the Plan Commission Rules of Procedure. Upon approval, staff may issue an improvement location permit. Refer to § 5.5.
Notes: |
1. Step 6: Public hearing. * Refer to I.C. 36-7-4-1512 for Common Council powers with regard to the PUD District ordinance. |
Notes: |
1. Preliminary Plan. * Similar process to that of an overall preliminary plat. |
2. Final Detailed Plan. ** Similar process to that of a secondary plat. |
3. Step 12: Final Detailed Plan. *** If denied by the Administrator, an appeal can be made to the Plan Commission. |
(Ord. 07-16, passed 12-10-2007)
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