(A) Purpose.
(1) The purpose of this subchapter 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 developments shall be encouraged when such use promotes a harmonious variety of uses, and/or provides for an economy of shared services and facilities, and/or are compatible with surrounding areas and/or foster the creation of attractive, healthful, efficient and stable environments for living, shopping or working.
(2) 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, and may apply to parcels of relatively small size as well as large-scale developments and their relationship with other surrounding uses and the overall characteristics of the area in which it is to be located.
(3) Planned Unit Development District regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and type, design and layout of sites and buildings and by the conservation and more efficient use of open spaces and other amenities generally enhancing the quality of life.
(4) Planned Unit Development District projects should also encourage a more efficient use of land, which reflects the changes in technology of land development so that the resulting economies may accrue to the benefit of the community at large.
(5) To that end, the regulations and development guidelines contained in this chapter as to use, bulk, yards and height may be waived or modified to provide relief therefrom to allow unconventional development in the specific planned unit development project. The community may then benefit from such desirable but unconventional developments and be protected and insured through the limitations and conditions placed upon and made part of the ordinance granting the specific planned unit development district.
(B) Classification. Planned unit developments may be classified in the following designations:
(1) Planned Unit Development - Residential. Any development consisting of not less than five acres in which more than 80% of the interior floor area of all buildings to be included in the development is used for residential purposes and/or those accessory purposes customarily related to residential use.
(2) Planned Unit Development - Business. Any development consisting of not less than five acres in which all of the interior floor area of all buildings to be included in the development is to be used for business or commercial purposes.
(3) Planned Unit Development - Industrial. Any development consisting of not less than ten acres in which more than 80% of the interior floor area of all buildings to be included in the development is used for industrial or industrial purposes or such accessory uses customarily relating to industrial or industrial uses, with balance of such interior floor area, if any, being intended for such business or commercial uses as reasonably relate to the support or convenience of the intended industrial or industrial uses or their occupants.
(4) Planned Unit Development - Mobile Home Park. Any development consisting of not less than 75 mobile home sites of not less than 4,500 square feet each in which more than 80% of the interior floor area of all the mobile homes and all the other buildings combined in the development is used for mobile home residence or such accessory uses customarily related to mobile homes, with the balance of such interior floor area, if any, being intended for such business, commercial and community uses as reasonably relate to the support or convenience of the mobile home park residents.
(C) Organization of proposals. Any person, corporation, partnership or association having an ownership interest in a proposed development, or any group of owners united in interest, acting jointly, and in pursuance to an agreement to carry out the proposal in separate ownership may propose a planned unit development district in accordance with the procedures hereinafter established, where such individual owner or group of owners in making such proposal intends to act as developer or sponsor of the development if the planned unit development ordinance is adopted and indicates the requisite capabilities to carry out such proposal. A parcel, or site proposed for a planned unit development need not be under single ownership where the proposed development consists of a group of structures or improvements capable of being developed separately but in accordance with a single, unitary plan, and in which the separate owners have given their expressed intentions to enter into such private agreements between or among themselves as will facilitate their mutual enterprise, and assure its completion as planned to the satisfaction of the Plan Commission.
(D) Filing procedure. The general and specific procedures for filing for a Planned Unit Development District are as set forth in the following:
(1) 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.
(2) The PUD petition shall include preliminary plan and plat for any area proposed for development. Sixteen copies of said plan and plat shall be filed with the Plan Commission. The preliminary plan and plat shall include:
(a) The proposed layout of streets, open space and other basic elements of the plan.
(b) Identification of location and types of structures and their use categories within the area, including proposed densities of said uses.
(c) Proposals for handling traffic, parking, water supply, sewage disposal, storm drainage, tree preservation and removal, landscaping, lighting, signage and other pertinent development features.
(d) 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.
(e) 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.
(f) 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.
(g) An environmental and/or community impact study, conducted by a qualified individual, if required by the Plan Commission.
(3) The preliminary plan shall be presented to the Plan Commission at the regularly scheduled meeting with copies for each member thereof and additional file copies for a total of ten copies drawn to a scale ratio not to exceed 100 feet =1 inch. The preliminary plan may include any additional graphics, which will help to explain the features of the development. The Plan Commission shall then schedule the preliminary plan for a public hearing, in accordance with the provisions of this chapter and applicable state law. The preliminary plan shall also be provided to the following checkpoint agencies for their review and comment:
(a) Lowell Dept. of Public Works;
(b) Lowell Police Department;
(c) Lowell Fire Department;
(d) Lowell Parks Department;
(e) Tri-Creek School Corporation;
(f) Lake County Soil and Water Conservation District.
(4) 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 ten days prior to the date of the public hearing thereon.
(E) Preliminary plan hearing.
(1) 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 shall schedule and convene a public hearing on the proposed development in accordance with the requirements of this chapter. The Plan Commission may recommend approval or disapproval of the plan and may impose any reasonable condition(s) with its affirmative recommendation. If disapproval is recommended, the application shall not be certified to the Town Council. 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.
(2) The approved preliminary planned unit development shall then be certified to the Town Council 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.
(F) Approval of the final detailed plan. The procedures for approval of the final detailed plan shall be as follows:
(1) 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 six sets of the final detailed plan specifying the location, composition and engineering features of 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 §§ 155.190 et seq., Subdivision Control Code. The Plan Commission shall then approve said 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 to hereafter provided for.
(2) 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.
(3) 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 division (H) below.
(4) Unless extended by the Plan Commission pursuant to division (K) below, approval of the first phase of the final detailed plan shall be obtained within 12 months 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.
(5) 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.
(6) 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% 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 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.
(G) Covenants and maintenance. The Plan Commission shall require and accept covenants and restriction to the use of property in the planned unit development as follows:
(1) All covenants 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.
(2) The Plan Commission shall require the recording of such covenants for any reasonable public or semi-public purpose, including but not limited to, the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities, and other cited pubic and semi-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.
(3) The Plan Commission shall 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:
(a) Lot area;
(b) Floor area;
(c) Ratios of floor space to land space;
(d) Areas in which structures may be built (buildable area);
(e) Open space;
(f) Setback lines and minimum yards;
(g) Building separations;
(h) Height of structures;
(i) Signs;
(j) Off-street parking and loading space;
(k) Design standards (including landscaping requirements);
(l) Phasing of development.
(4) Adequate provision shall be made for a private organization 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.
(5) 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.
(6) 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.
(H) Recording.
(1) 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 one year after approval, but before any development takes place. The certification of recording shall be kept on file with the plans and plats. Failure to record shall automatically void the approval of the final detailed planned unit development.
(2) 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 plan unit development to the Administrator as an amended final detailed plan 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 said amended final detailed planned unit development, which the developer shall then record.
(I) 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.
(J) Construction. 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 or her intention to begin such work, in order that inspections may be made as the work progresses. 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.
(K) Extensions, abandonment, and expiration. Extensions of the time for accomplishing any matters set forth herein may be granted by the Plan Commission at a public hearing for good cause shown. Abandonment shall have occurred when no improvements have been subsequent to pursuant to the approved final detailed planned unit development for 12 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 the intended use in accordance with the Comprehensive Land Use Plan.
(L) 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. 2013-02, passed 3-11-13; Am. Ord. 2018-20, passed 8-13-18)