(A) Concept plan and application preparation and review. The purpose of the PUD District ordinance is to designate a parcel of real property as a planned unit development zoning district. The plan shall include:
(1) Submittal. The PUD District ordinance submittal shall include any graphic media which will explain the features to be contained within the development. The PUD District ordinance and concept plan may take the form of a booklet, a set of 11 by17 inch sheets or a combination of these formats:
(a) Show the boundary lines of adjacent subdivided and unsubdivided and the existing zoning of the area proposed to be developed as well as the land adjacent thereto;
(b) Specify uses or a range of uses permitted in the Planned Unit Development Zoning District; and
(c) Specify development requirements and standards based on the related zoning district or alternatives.
(2) Concept plan. The plan shall include a proposed layout to scale of the general concept for handling vehicular and pedestrian circulation, parking, general infrastructure, drainage, site perimeter treatment and other pertinent development features;
(3) Superseding original plat. If the planned unit development is to supersede an original plat being vacated, the original plat shall be shown by dotted lines in relationship to the lines of the new plat, the new plan being clearly shown in solid lines;
(4) Development requirements. Detailed text documenting the development standards that apply to the proposed PUD District may be included.
(a) Written development standards, including:
(1) Lot area;
(2) Floor area;
(3) Ratios of floor space to land area;
(4) Area in which structures may be built (“buildable area”), including areas for cluster type residential development without lot lines;
(5) Open space;
(6) Setback lines and minimum yards;
(7) Building separations;
(8) Height of structures;
(9) Signs;
(10) Parking and loading space;
(11) Design standards; and
(12) Phasing of development.
(5) Written commitments. A description of any written commitments that are being proposed as part of the development; and
(6) Review by Technical Assistance Committee. The Technical Assistance Committee shall review the concept plan and the written findings of the TAC shall be submitted to the Plan Commission prior to public hearing.
(B) Plan Commission public hearing. The Plan Commission will, in a public hearing scheduled consistent with the Plan Commission Rules of Procedure, review the application and required supporting information.
(1) Notification. Notification for the scheduled public hearing regarding the preliminary plan shall be completed consistent with the requirements the Rules of Procedures of the Plan Commission.
(2) Representation. Either the applicant or a representative of the applicant must be present at the public hearing to present the application and address any questions the Commission may have.
(3) Presentations. The Plan Commission shall consider a staff report from the Planning and Zoning Administrator or his or her designee and testimony from the petitioner, remonstrators and other interested parties at the hearing. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the Rules of Procedures of the Plan Commission.
(4) Decision criteria. In reviewing the Planned Unit Development District ordinance and concept plan petition, the Plan Commission shall pay reasonable regard to the following, consistent with I.C. 36-7-4-603:
(a) The extent to which the proposal fulfills the requirements and intent of the comprehensive plan and any other applicable, adopted planning studies or reports;
(b) The current conditions and the character of current structures and uses in each zoning district;
(c) The most desirable use of which the land in each district is adapted;
(d) The conservation of collective property values throughout the city as a whole; and
(e) Responsible growth and development.
(5) Possible action. The Plan Commission will in concurrence with established rules and procedure review the application and required supporting information. The proposed PUD District ordinance and concept plan shall be certified to the Common Council with one of the following recommendations. Per I.C. 36-7-4-1512, the Plan Commission may impose conditions or require written commitments from the applicant.
(a) Favorable recommendation. The PUD District ordinance application shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed in subsection (B)(4) above.
(b) Unfavorable recommendation. The application shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed in subsection(B)(4) above.
(c) No recommendation. The application shall be forwarded with no recommendation.
(d) Continued. The application may be continued based on a request by the Administrator, the petitioner, a remonstrator or an interested party. The application shall be continued in the case of an indecisive vote, a determination by the Plan Commission that additional information is required prior to action being taken on the request, or if an appropriate representative of the application fails to appear at the public hearing.
(1) Additional legal notice shall not be required unless specified by the Plan Commission.
(2) The continuing of all applications shall be to a specific date and consistent with the adopted Rules of Procedures of the Plan Commission.
(C) Decision by Common Council. Upon certification of the PUD District ordinance by the Plan Commission, the Common Council shall vote on the PUD ordinance within 90 days. The Common Council shall pay reasonable regard to the decision criteria listed under subsection(B)(4) above, consistent with I.C. 36-7-4-603 and 36-7-4-1512, and then may:
(1) Adopt the ordinance;
(2) Adopt the PUD ordinance with conditions or commitments;
(3) Return the PUD District ordinance and concept plan to the Plan Commission with proposed amendments; or
(4) Deny the ordinance.
(D) Inaction. If the Plan Commission has given the proposal a favorable recommendation and the Council fails to act on the proposal within 90 days, the ordinance takes effect as if it had been adopted as certified 90 days after certification. If the Plan Commission has failed to make a recommendation or has given the proposal an unfavorable recommendation and the Council fails to act on the proposal within 90 days, the proposal is defeated.
(E) Effect of approval on PUD District ordinance.
(1) When a PUD District ordinance and concept plan has been approved by the Council, the PUD zoning shall become effective, and its location shall be shown on the zoning map in accordance with the Plan Commission Rules of Procedure.
(2) Upon the amendment to the zoning map, the use and development of the site shall be governed by the Planned Unit Development District and concept plan, subject to approval of the preliminary plan (similar to the overall primary plat) and the final detailed plan (similar to a secondary plat).
(3) No permit of any kind shall be issued until the final detailed plan has been approved.
(4) Upon adoption by the Common Council, the PUD District ordinance shall be returned to the Plan Commission which shall thereafter exercise or designate the Administrator to exercise continuing jurisdiction.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
Written commitments, see Title XV, § 9.14