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Elkhart City Zoning Code

PLANNED UNIT

DEVELOPMENT

§ 151.095 PURPOSE.

   (A)   The Planned Unit Development (PUD) District is designed to encourage quality land development and site design without the use of typical zoning standards.
   (B)   The purpose of this section is to improve and protect the public health, safety and welfare by pursuing the following objectives.
      (1)   To ensure that future development which occurs is in accordance with the Comprehensive Plan;
      (2)   To encourage innovations in land development and redevelopment;
      (3)   To foster the safe, efficient and economic use of the land, transportation, public facilities and services;
      (4)   To facilitate the provision of adequate public services such as transportation, water, sewer, storm, drainage, electricity and public parks;
      (5)   To avoid the inappropriate development of lands and provide for adequate drainage and reduction of flood damage;
      (6)   To encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation;
      (7)   To minimize adverse environmental impacts of development;
      (8)   To improve the design, quality and character of new development;
      (9)   To foster a more rational pattern of relationship between residential, business and industrial uses; and
      (10)   To protect existing neighborhoods from harmful encroachment by intrusive or disruptive development.
(1979 Code, § 151.080) (Ord. 4370, passed 7-20-1998)

§ 151.096 PERMITTED USES.

   All permitted, special exception and conditional uses enumerated in this chapter are expressly permitted at the time the PUD is established.
(1979 Code, § 151.081) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999

§ 151.097 REQUIREMENTS.

   (A)   Unified design. The tract of land submitted for PUD development must be developed as a single design entity even though it may be developed in phases or contain a wide variety of uses and activities otherwise not necessarily compatible with one another.
   (B)   Entire tract must be under single control. All land in the tract submitted as the PUD application must be under the control of the applicant. The narrative text that accompanies the preliminary plan must demonstrate that this control will be workable throughout the PUD development period.
   (C)   Size requirements. Two-acre minimum.
(1979 Code, § 151.082) (Ord. 4370, passed 7-20-1998; Am. Ord. 4462, passed 1-13-2000) Penalty, see § 151.999

§ 151.098 SUBMITTAL REQUIREMENTS.

   (A)   Petitioner shall submit to the Planning and Zoning Office:
      (1)   A completed application for a PUD zone change;
      (2)   A preliminary site plan one copy if 11” x 17” or smaller, otherwise 15 copies. See divisions (B) and (C) below for specific submittal requirements for Conceptual or Standard PUDs; and
      (3)   Any written documentation describing the PUD, by the filing date specified by the Plan Commission.
   (B)   Conceptual PUD.
      (1)   General site plan, including, but not limited to: property boundaries, existing natural features on or adjacent to the site, general street layout, proposed uses, individual parcels, setbacks and/or buffers from adjoining properties, and a general on-site drainage plan;
      (2)   Written documentation explaining the nature and purpose of the PUD and providing supplemental information for the site plan, including any restrictive covenants;
   (C)   Standard PUD.
      (1)   A detailed site plan including:
         (a)   Proposed dimensional layout to scale of any streets, buildings, building elevations (if available), open space, lots, parking areas, signage, on-site drainage, landscaping and other elements basic to the development; and
         (b)   Proposed locations, densities, and types of uses within the area of the development.
      (2)   Any written documentation providing supplemental information for the site plan, including any restrictive covenants.
   (D)   The Planning and Zoning Office may require submission of additional information deemed necessary for consideration of the PUD.
(1979 Code, § 151.083) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999

§ 151.099 PLAN COMMISSION ACTION.

   An application for a PUD shall be filed as a petition for an amendment to the zoning map of the city’s Zoning Ordinance. Following a public hearing, the Plan Commission shall pass the PUD application on to the Council with no recommendation or shall recommend denial, approval as submitted, or approval with modifications and/or conditions it may deem necessary.
(1979 Code, § 151.084) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999)

§ 151.100 COUNCIL ACTION.

   (A)   The PUD ordinance, site plan and supporting written documentation, along with the Plan Commission recommendation, are forwarded to the City Council.
   (B)    Action by the Council shall be in accordance with § 151.290(B).
   (C)   If approved, with or without conditions, the PUD shall be implemented as follows:
      (1)   For a standard PUD, implementation shall be in conformance with the final approved site plan, the written requirements listed in the adopted PUD ordinance and all ordinances and regulations of the city not modified by the PUD.
      (2)   For a conceptual PUD, implementation shall be in conformance with the procedures outlined under § 151.101 below.
(1979 Code, § 151.085) (Ord. 4370, passed 7-20-1998)

§ 151.101 SECONDARY REVIEW.

   (A)   All conceptual PUDs approved by the City Council must submit a final site plan for the PUD or individual parcel site plans for multiple site PUDs to the Plan Commission for final approval within the time frame specified in the PUD ordinance.
   (B)   (1)   The Plan Commission shall conduct a public hearing on the final site plan and provide all required notification to interested parties.
      (2)   Following the hearing, the Commission may approve the site plan as submitted or with modifications and/or conditions as it deems necessary.
      (3)   In making its decision, the Plan Commission must take into consideration requirements or conditions specified in the original PUD ordinance.
(1979 Code, § 151.086) (Ord. 4370, passed 7-20-1998)

§ 151.102 ISSUANCE OF PERMITS.

   Permits and construction of the PUD or portion of the PUD shall be in compliance with the approved final site plan and all city ordinances and regulations not modified by the PUD.
(1979 Code, § 151.087) (Ord. 4370, passed 7-20-1998)

§ 151.103 REVOCATION OF PERMITS.

   Failure to conform to the provisions of the PUD may result in a stop work order being issued and shall require the developer to show just cause at a public hearing conducted by the Plan Commission why the permits issued for the PUD should not be revoked.
(1979 Code, § 151.088) (Ord. 4370, passed 7-20-1998)

§ 151.104 MODIFICATIONS TO APPROVED FINAL SITE PLANS.

   (A)   Minor modifications.
      (1)   Modifications, such as minor relocation of a building, parking lot, or other site element, due to unforeseen site conditions, can be reviewed and approved by the planning staff. An adverse decision by the planning staff may be appealed to the Plan Commission as per division (A)(2) below.
      (2)   All other modifications, except those deemed major as defined in division (B) below, shall be presented in writing to the Plan Commission. The Commission shall review and reject or approve the proposed changes without a public hearing.
   (B)   Major modifications. Proposed changes to an approved PUD final site plan which:
      (1)   Change the land area of the PUD;
      (2)   Change the density of use of the PUD;
      (3)   Allow a use previously not permitted in the PUD; or
      (4)   Constitute a change which, in the sole discretion of the Plan Commission, should be considered by the City Council as a new proposed development; shall be deemed a new application for approval of a planned unit development and shall follow the procedures previously set forth in this section.
(1979 Code, § 151.089) (Ord. 4370, passed 7-20-1998)

§ 151.105 AUTHORITY OF REVIEWING BODY.

   (A)   City Council action. When adopting or amending a PUD ordinance the City Council may:
      (1)   Impose reasonable conditions on a proposed PUD;
      (2)   Condition issuance of a zoning clearance permit on the furnishing of a bond or satisfactory written assurance guaranteeing the timely completion of any proposed public improvements; and
      (3)   Allow or require the property owner to make a written commitment.
   (B)   Plan Commission or planning staff action. When recommending adoption of a PUD ordinance to the City Council, or approving a final site plan or modification of a final site plan, the Plan Commission or Planning staff, as appropriate, may:
      (1)   Impose reasonable conditions on a proposed PUD;
      (2)   Condition issuance of a zoning clearance permit on the furnishing of a bond or satisfactory written assurance guaranteeing the timely completion of any proposed public improvements; and
      (3)   Allow or require the property owner to make a written commitment.
(1979 Code, § 151.090) (Ord. 4370, passed 7-20-1998)

§ 151.106 PROOF OF RECORDING OF APPROVED FINAL SITE PLAN.

   A copy of the approved final site plan shall be recorded at the Elkhart County Recorder’s Office, and proof of such action in the form of a receipt of filing for recording of the documents provided to the planning and zoning staff shall be provided prior to the issuance of a certificate of occupancy for any such project.
(1979 Code, § 151.091) (Ord. 4762, passed 8-1-2003)