Ellettsville City Zoning Code

PLANNED UNIT

DEVELOPMENTS

§ 152.275 REQUIREMENTS.

Land within the town’s jurisdictional area may not be developed as a Planned Unit Development (PUD), except as authorized and approved under this subchapter.

(Ord. 03-05, § 860-05, passed 5-27-2003; Am. Ord. 2012-09, passed 5-29-2012)

§ 152.276 DISTRICT INTENT.

(A) The purpose of these regulations is to provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and intent of the Zoning and Subdivision Control Ordinances. A Planned Unit Development (PUD) should not be used if the proposed development can be created using established zoning districts and development standards. The intent of a PUD is to promote the lands most appropriate use; to encourage a harmonious and appropriate mixture of uses; to facilitate the adequate and economic provision of streets, utilities, and town services; to preserve the natural, environmental and scenic features of the site; to encourage and provide a mechanism for arranging improvements on sites so as to preserve desirable features; and to mitigate the problems which may be presented by specific site conditions.

(B) It is anticipated that planned unit developments will offer one or more of the following advantages:

(1) Implement the guiding principles and land use policies of the Comprehensive Plan; specifically reflect the policies specific to the neighborhood or zoning ordinances in which the planned unit development is to be located;

(2) Buffer land uses proposed for the planned unit development so as to minimize any adverse impact which new development may have on surrounding properties;

(3) Enhance the appearance of neighborhoods by conserving areas of natural beauty, and natural green spaces;

(4) Counteract urban monotony and congestion on streets;

(5) Promote architecture that is compatible with the surroundings;

(6) Promote and protect the environmental integrity of the site and its surroundings and provide suitable design responses to the specific environmental constraints of the site and surrounding area; and

(7) Provide a public benefit without deviation from the standards of the established zoning ordinances;

(8) Specify uses or a range of uses permitted in the planned unit development zoning districts;

(9) Specify any limitation applicable to the planned unit development zoning district; and

(10) Meet the requirements of I.C. 36-7-4-1500 et seq.

(Ord. 03-05, § 860-10, passed 5-27-2003; Am. Ord. 2012-09, passed 5-29-2012)

§ 152.277 GENERAL REGULATIONS.

(A) Permitted uses.

(1) The permitted uses in a planned unit development district ordinance are subject to the discretion and approval of the Plan Commission and Town Council.

(2) The permitted uses shall be determined in consideration of the Comprehensive Plan and the existing zoning district designation of the area being rezoned to a planned unit development, the land use contiguous to the area being rezoned to a planned unit development and the development standards and design standards of the Ellettsville Municipal Code.

(B) Development standards.

(1) The development standards in a planned unit development district ordinance are subject to the discretion and approval of the Plan Commission and Town Council.

(2) The development standards shall be determined in consideration of the Comprehensive Plan, the existing zoning district designation of the area being rezoned to a planned unit development, and the development and design standards of the Ellettsville Municipal Code.

(Ord. 2012-09, passed 5-29-2012)

§ 152.278 QUALIFYING STANDARDS.

(A) The area designated in the planned unit development map must be a tract of land under single ownership or control. Single control of property under multiple ownership may be accomplished through the use of enforceable covenants or commitment that run to the benefit of the zoning jurisdiction.

(B) The minimum gross area required for a planned unit development is five acres. The minimum gross area may be waived by the Plan Commission if it is demonstrated that granting such waiver is consistent with the district intent as specified in § 152.276, District Intent.

(C) A planned unit development may be established in any district except for the downtown area as defined by Matthews Drive to Park Street and Association to Main Street.

(Ord. 2012-09, passed 5-29-2012)

§ 152.279 PROCEDURE FOR APPROVAL.

(A) Applications shall be accompanied by all plans and documents. A four-step approval process shall be used. The steps in the process are:

(1) Predesign conference;

(2) Outline plan approval;

(3) Planned Unit Development (PUD) district ordinance approval; and

(4) Development plan approval.

(B) Prior to submitting an application under this chapter, the applicant shall participate in at least one predesign conference with the Director. The purpose of the predesign conference shall be to:

(1) Discuss the applicant’s proposal;

(2) Discuss the applicable requirements, standards, and procedures for-the Planned Unit Development, including the following:

(a) The general layout of streets and lots;

(b) Storm water drainage and flood control;

(d) The provision of public services such as police, fire, and schools; and

(e) Other special concerns relating directly to the proposal site, including but not limited to site access, neighboring land uses, and development trends.

(3) Discuss other planning issues raised during the conference;

(4) The applicant shall contact the Director to schedule a predesign conference. The applicant shall provide the following information:

(a) The location and acreage of the proposed Planned Unit Development;

(b) Whether subdivision approval will be required;

(d) The owner’s name.

(5) Upon completion of the predesign conference, the Director shall prepare a brief written summary of the conference and provide a copy to the applicant. The Director’s summary reflects the results of a general and informal discussion, and thus shall not constitute a binding agreement on the part of the Plan Commission.

(Ord. 03-05, § 860-15, passed 5-27-2003; Am. Ord. 2012-09, passed 5-29-2012)

§ 152.280 OUTLINE PLAN APPLICATION MATERIALS.

(A) An application for approval of a Planned Unit Development shall be filed with the Plan Commission. The application shall contain an outline plan that includes both maps and a written statement.

(B) The map which is part of the outline plan shall be in general, schematic form and shall contain at least the following information:

(1) Existing topographic character of the land (at least ten-foot contour intervals) and major natural features;

(2) Location, owner, zoning and use of adjacent properties, including location, size and use of all buildings within 50 feet of the lot line;

(3) Proposed density and types of dwellings, buildings and uses (citing Land Use Table category);

(4) Land to be used as common open space;

(5) Phases, if any, in which the PUD is to be constructed;

(6) Data concerning the availability, adequacy and location of public facilities, existing and proposed, to be utilized by the project, including but not limited to the following:

(a) Utilities: sanitary and storm sewers, water, gas and electricity;

(b) Streets: impact of traffic generated by the project upon existing thoroughfares, showing routes to the town and/or other major destinations, i.e., shopping or industrial centers;

(d) Fire protection.

(7) Delineation on a USGS base map (at an appropriate scale) of the perimeter of the proposed subdivision, the drainage area in which the subdivision is located, the location of drainage courses and surface water flow within the drainage area, significant drainage features and facilities.

(1) Description of the planned unit development, including, for example, the types of uses, phases of development, residential densities and the like;

(2) Land ownership;

(3) Relationship to surrounding neighborhood (zoning district, land uses, roads and public facilities); and

(4) Other information that was requested and identified by the Director, during the predesign conference, as being necessary to assess the proposed development’s compliance with these regulations.

(Ord. 03-05, § 860-20, passed 5-27-2003; Am. Ord. 2012-09, passed 5-29-2012)

§ 152.281 APPROVAL PROCEDURE FOR OUTLINE PLAN AND PUD ZONING.

(A) Applications for approval of the outline plan of planned unit developments shall be made on the forms available at the office of the Commission and shall be signed by the owners of the property that would be subject to the proposed outline plan. The Commission shall review the outline plan for compliance with the procedures and with the criteria for approval set forth or incorporated herein.

(B) The Commission shall then publish notice of public hearing on the outline plan, in the manner prescribed for zone map amendments by I.C. 36-7-4-604 (i.e., notice published in two local newspapers of general circulation at least ten days prior to the hearing and notice to interested parties, in the manner prescribed by the Commission’s Rules of Procedure, at least ten days prior to the hearing). The petitioner shall be responsible for paying the advertising costs. The Commission shall hold the public hearing on the application within 60 days of the submission of a complete application.

(C) Upon conclusion of its public hearings and within ten days of final action on an outline plan, the Commission shall forward its certified, written report and recommendations concerning the proposed outline plan to the Town Board. The Commission may certify the proposed outline plan to the Town Board with a favorable recommendation, with an unfavorable recommendation or with no recommendation.

(D) Upon receipt of a certified, written report and recommendation, the Town Board shall give notice under I.C. 5-14-1.5-5 (i.e., posting notice of the Town Boards’ intention to consider the proposed outline plan at least 48 hours prior to the meeting during which the plan is to be considered). The Town Board shall take action on the proposed outline plan within 90 days after the receipt of the Commission’s certified report and recommendations.

(E) Following the hearing, the Town Board may approve or reject the outline plan and written statements.

(1) If the proposal is certified to the Town Board with a positive recommendation, it takes effect upon adoption, or upon the 90-first day following certification if the Town Board fails to act on the proposal in a timely manner. The proposal is defeated if it is rejected by the Town Board.

(2) If the proposal is certified to the Town Board with a negative recommendation or with no recommendation, it takes effect upon adoption. The proposal is defeated if it is rejected by the Town Board or if the Town Board fails to act on the proposal in a timely manner. The Town Board may impose reasonable conditions on the proposed Planned Unit Development and may allow or require the owner of the proposed site to make written commitments in the manner authorized by I.C. 36-7-4-615.

(F) If the Town Board approves the outline plan, it shall direct the Planning Coordinator to amend the zoning map to designate the area covered by the outline map as a PUD district.

(Ord. 03-05, § 860-25, passed 5-27-2003; Am. Ord. 2012-09, passed 5-29-2012)

§ 152.282 APPROVAL PROCEDURE OF DEVELOPMENT PLAN.

(A) The applicant shall submit to the Commission a development plan covering all of the area of the outline plan or one or more of the stages for the construction of the planned unit development that are shown on the outline plan. The proposed development plan, like a proposed outline plan, shall consist of a written statement and a map. A development plan map shall be prepared by a licensed land surveyor at an appropriate scale, as determined in consultation with the Director. To determine the appropriate scale, the applicant and the Director shall consider topography, environmental constraints, number of lots and the size (area) of the proposed development plan. The plan shall be prepared in pen or computer aided drafting software and the sheets shall be numbered in sequence, if more than one sheet is used. The plan shall contain at least the following information:

(1) The date of the plan, legend, notes, approximate true north point and graphic scale;

(2) The names, addressed, telephone numbers, seal and registration numbers of the professionals responsible for the design of the proposed development plan, the design of the proposed public improvements, the property survey, and the preparation of the development plan and supporting materials;

(3) The written legal description, civil township, section, parent tract plat number, address (if any) and parcel boundary lines (with dimensions, bearings, curve data and references to section, township and range lines or corners of the property to be developed;

(4) The name of the proposed development followed by the term “Development Plan;”

(5) The locations, approximate dimensions (to the nearest one tenth of a foot), lot numbers (if any), curve data and approximate acreage (to the nearest one-hundredth of an acre) of all proposed and/or existing subdivided lots;

(6) A table showing the proposed front, side and rear yard setback requirements;

(7) The accurate location of all existing and platted streets intersecting or abutting the boundaries of the property to be developed;

(8) The source of the owner’s title to the property to be developed as shown by the last entry in the records of the County Recorder;

(9) The accurate locations and dimensions of easements and any property to be dedicated to the public or reserved for public, semipublic or community use;

(10) With respect to existing and proposed rights-of-way and streets within the proposed subdivision site:

(a) Street rights-of-way as established by the thoroughfare plan;

(b) Names;

(d) Width;

(e) Approximate gradient;

(f) Type and width of pavement, including curbs, sidewalks, crosswalks, and other relevant information shown in a cross-section, scale drawing; and

(g) Curve notes for all curves along all property and right-of-way lines and right-of-way centerlines.

(11) The existing and proposed topographic contours of the property to be subdivided shown at intervals of no greater than five feet for areas containing land with 12% slope or greater, and at intervals of two feet for areas containing land with less than 12% slope;

(12) The floodplain boundaries, if applicable, indicating the classification of each floodplain area;

(13) The location, size, elevation, capacity and other appropriate descriptions of all existing or proposed permanent and significant features, either natural or manmade, including but not limited to trees, watercourses, falls, beaches, historic places, rock formations, streets, sewers, drains, water bodies, swamps or other wetlands, railroads, transmission towers, existing structures, county ditches, legal drains, water mains, culverts, utility lines, fire hydrants, drainage structures, and water elevations (including approximate high-water and low-water elevations) of adjoining lakes, rivers and streams at streams at the date of the survey (by reference to the USG datum plane); the approximate size and capacity of utilities may be presented in a note on the plat;

(14) The delineation of the phases, if any, of the development, indicating the lots and improvements to be included in each phase; and

(15) The proposed use of any lot (i.e. single- family, two-family, multi-family, and the like).

(Ord. 03-05, § 860-30, passed 5-27-2003; Am. Ord. 2012-09, passed 5-29-2012)

§ 152.283 LIMITATIONS OF REVISIONS TO THE MUNICIPAL CODE AND COMPREHENSIVE PLAN.

(A) Changes to the Municipal Code that directly affect public health and safety, Chapter 93, Health and Sanitation; Nuisances and Chapter 152, Planning and Zoning Regulations, shall apply to any planned unit development even if such changes are adopted during the planned unit development build-out. In addition, changes to the Comprehensive Plan which alter any development standards for the planned unit development district ordinance shall be enforced upon the planned unit development.

(B) If a planned unit development is no longer proceeding in accordance with its planned unit development district ordinance, commitments, or time requirements imposed herein or by agreement, amendments to the Municipal Code and/or Comprehensive Plan may be subject to being rezoned into an appropriate standard zoning district is the Town Council deems it necessary.

(Ord. 2012-09, passed 5-29-2012)

§ 152.284 CHANGES OR AMENDMENTS.

(A) PUD District ordinance. Amendments to the PUD district ordinance shall follow the same procedure for amending the text of this chapter.

(B) Preliminary Plan. To the extent that a preliminary plan is a conceptual and general rendering of a proposed development conforming to the planned unit development district ordinance, a final plan may deviate from the approved preliminary plan in some respects without necessitating an amendment to the preliminary plan. However, any deviation from an approved preliminary plan that alters the concept or intent of the planned unit development shall be subject to the procedure for approval of a new preliminary plan. The Plan Commission may require that an application for preliminary plan amendment encompass the entire planned unit development. Deviations that require a preliminary plan amendment include, but are not limited to, the following:

(1) Changes in the location, proportion or allocation of uses, or changes to the types of uses allowed;

(2) Increases in residential density;

(3) More than a 10% change to the proportion of housing types;

(4) Changes in building structures or number of building structures;

(5) More than a 1% reduction of proposed open space;

(6) Changes in functional uses of open space, where such change constitutes an intensification of open space usage;

(7) Changes in the ratio of off- street parking spaces to use;

(8) Changes in standards, continuity, or general location of roads, utilities, or stormwater management features; or

(9) Changes in the covenants, conditions and restrictions, or other governing agreements, that affect any matter regulated by the planned unit ordinance.

(Ord. 2012-09, passed 5-29-2012; Am. Ord. 2019-06, passed 2-25-2019)