(A) Purpose and intent. Development plans are intended to ensure that districts and uses with special needs for compatibility are developed in a responsible manner, consistent with the Comprehensive Plan and with the spirit and intent of this chapter. They are intended to provide an opportunity for public and staff input into the specific design of new developments.
(B) Authority. In accordance with I.C. 36-7-4, the 1400 Series, the Plan Commission is hereby authorized to approve or disapprove Development Plans.
(C) Criteria. The Plan Commission shall approve a Development Plan only if the following criteria are met:
(1) The development is compatible with surrounding land uses.
(2) The development will have adequate sewage disposal, water supply, drainage, and other utilities.
(3) Traffic will be managed in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community as described below:
(4) The design and location of proposed street and highway access points minimize safety hazards and congestion.
(5) The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development.
(6) The entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments and are safe for pedestrian and vehicular traffic.
(D) Applicability. Development Plans are required for certain uses and/or zoning districts as specified in this chapter.
(E) Development plan design standards. In order to carry out the purposes and intent of this section, along with the goals, objectives, and policies of the City Comprehensive Plan, all development plans shall be designed, reviewed and approved in accordance with the following design standards.
(1) Building separation. As part of its review of a proposed development plan, the Plan Commission shall determine that all proposed structures are located to allow for: adequate light and air; ease of access and entry for vehicles, occupants and pedestrians; and safety from fire, flood and other safety hazards.
(2) Yard and setback requirements and height limitations. All minimum yard and setback requirements and height limitations required by this chapter shall be maintained, unless specifically waived or modified by the Plan Commission as part of the development plan approval.
(3) Sanitary sewer. Complete sanitary sewer facilities shall be installed to serve the proposed development. The design, layout, and construction of the proposed facilities shall comply with all applicable policies, standards, and specifications of the Seymour Engineering Department or other appropriate regulatory agency.
(4) Water. Complete water supply facilities shall be installed to serve the proposed development. The design, layout, and construction of the proposed facilities shall comply with all applicable policies, standards, and specifications of the Seymour Engineering Department, or other appropriate regulatory agency.
(5) Storm water drainage. Complete storm water drainage facilities shall be installed to serve the proposed development. The design, layout, and construction of the proposed facilities shall comply with all applicable policies, standards, and specifications the Seymour Engineering Department or other appropriate regulatory agency.
(6) Street and outdoor site lighting. Street lighting facilities shall be installed by the developer as necessary to serve the proposed development. Additional outdoor site lighting may also be provided as needed.
(7) Streets. Adequate street facilities shall be installed as necessary to serve the proposed development. Proposed streets shall be constructed and maintained as private streets, unless otherwise required or permitted by the Board of Public Works and the Plan Commission. The design, layout, construction, dedication, and acceptance of any proposed public street shall comply with all applicable policies, standards, and specifications of the Board of Public Works and Safety and the Seymour Engineering Department, or other appropriate regulatory agency.
(8) Access and traffic management. The design, layout, and construction of all access facilities, roadway improvements, internal traffic and circulation facilities, and other traffic management facilities shall comply with all applicable policies, standards, and specifications of the Board of Public Works, the Seymour Engineering Department, or other appropriate regulatory agency. As part of its review of a proposed development plan, the Commission shall consider and determine if the development's access and traffic management proposals manage traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community, and accomplishes the following:
(a) That the design and location of proposed street and highway access points minimizes safety hazards and congestion;
(b) That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development; and
(c) That the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.
(9) Natural features and landscaping.
(a) Natural features. As part of its review of a proposed development plan, the Plan Commission shall consider whether the development is compatible with surrounding zoning and land uses. To help achieve compatibility and appropriate site design and development, the applicant or developer is encouraged to preserve as many existing trees and other natural site features as is practical. The location and nature of these site features shall be considered by the applicant or developer in the planning and design of the site development.
(b) Landscaping. To help achieve compatibility and appropriate site design and development, landscaping shall be provided in accordance with the parking area landscaping requirements unless specifically waived or modified by the Commission or its designated representative as part of the development plan approval.
(c) Shade trees. Existing shade trees shall be retained or new trees planted along all public streets in accordance with the standards and specifications of the city.
(10) Pedestrian circulation.
(a) Pedestrian walkways and circulation paths shall be provided to serve the proposed development. Sidewalks or other circulation paths shall be designed to allow for:
1. Access from parking areas to individual buildings;
2. Access between individual buildings and/or uses within the development; and
3. Coordination with and connection to existing or proposed sidewalks or uses.
(b) Public sidewalks shall be provided on both sides of any new public street(s) or existing public streets proposed to serve the development, unless specifically waived or modified by the Plan Commission as part of the development plan approval. The Commission may also require replacement of existing sidewalks along existing streets which abut the proposed development.
(c) The Plan Commission may require the provision of sidewalks along any existing or proposed private streets within the proposed development.
(d) The design and construction of all sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act (ADA).
(11) Signs. All proposed signs shall comply with the applicable provisions and requirements of this chapter. As part of its review and approval of a proposed development plan, the Plan Commission may grant waivers to those signage provisions and requirements.
(12) Parking. Adequate off-street parking facilities shall be provided to serve the proposed development according to the provisions and requirements of this chapter. The minimum number of parking spaces shall be provided, unless specifically waived as part of the development plan approval.
(13) Easements. Easements shall be provided as necessary for utility lines, storm water drainage facilities, and other similar facilities and uses. Easements shall be designed and laid out so that adequate utility service and storm drainage can be provided, and proper continuity exists between areas, uses, structures, parcels, and developments. Easement widths and locations shall comply with all applicable policies, standards, and specifications of the Board of Public Works, City Utilities, or other applicable utility or regulatory agency.
(14) Traffic. As part of its review of any proposed primary development plan, the Commission may require the preparation and submission of a traffic impact study and/or any other studies or information the Commission determines is necessary for proper consideration and review of the request.
(F) Waivers. The Plan Commission may waive or modify certain development plan design standards as part of its approval of a primary or secondary development plan. Such a waiver or modification may be granted provided that the following criteria are met:
(1) The waiver or modification is in conformance with the purposes and intent of this chapter along with the goals, objectives, and policies of the Comprehensive Plan.
(2) The Commission determines the applicant has submitted adequate evidence in support of the requested waiver or modification;
(3) The requested waiver or modification will be compatible with the immediate area, and will not be unduly detrimental to the use and value of the area adjacent to the property included in the request, and;
(4) The failure to grant the requested waiver would result in practical difficulties in the use of the property for the proposed development.
(Ord. 17, 2006, passed 11-27-2006
; Am. Ord. 5, 2010, passed 4-26-2010
)