Greentown City Zoning Code
PLANNED UNIT
DEVELOPMENTS
§ 156.105 INTENT OF DISTRICTS.
(A) The purpose of this subchapter is to provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and the intent of this chapter. The use of Planned Development zoning classifications shall be encouraged when the use of such regulations promotes a harmonious variety of uses which are compatible with the surrounding areas or fosters the creation of an attractive, efficient and stable environment for living, shopping or working.
(B) Planned Development 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 variety in type, design and layout.
(C) (1) Planned Developments are not identified on the zoning map in advance, but rather are the result of a public hearing to rezone a specific parcel or specific parcels to a new PD zone.
(Ord. 2002-5, passed 7-2-2002)
§ 156.106 ORGANIZATION OF PROPOSALS.
(A) A request to rezone from any zoning classification to a PD zone may be initiated by all owners of the property or by any group of owners united in interest acting jointly under an agreement to carry out the proposal in separate ownership.
(B) The negotiated agreement is the substance of a PD zone.
(Ord. 2002-5, passed 7-2-2002)
§ 156.107 CLASSIFICATIONS OF PLANNED UNIT DEVELOPMENTS.
To identify the nature of planned unit developments on zoning maps, they shall be classified as one of the following zones:
(A) PDRS, in which all buildings and land are developed for residential use and those activities customarily accessory to residential use;
(B) PDNR, in which no building or land is developed for residential use but rather for commercial, industrial, recreational and other nonresidential use; or
(C) PDMX, in which buildings and land are developed as a mix of both residential and nonresidential uses.
(Ord. 2002-5, passed 7-2-2002)
§ 156.108 PRE-SUBMISSION CONFERENCE.
(A) Before filing a request for a petition to rezone to PDRS, PDNR or PDMX, the petitioner shall arrange a meeting with the Administrator.
(B) The petitioner shall bring a scaled site plan of the proposed planned unit of development to the meeting. The site plan should show the location of proposed uses and major buildings, the layout and classification of roads, all entrances and exists and any environmentally sensitive areas. Additionally, the petitioner shall bring a chart detailing the phasing and a time frame for development.
(C) Discussion at the meeting shall include:
(1) The petitioner’s intentions and objectives regarding land use, street improvements and utilities;
(2) The petitioner’s intentions for assuring compatibility between the uses proposed for the perimeter of the PUD and surrounding land uses and zoning classifications;
(3) The general availability of utilities to the site;
(4) The area’s current zoning pattern; and
(5) The classification of the proposed rezoning to a PD category.
(Ord. 2002-5, passed 7-2-2002)
§ 156.109 FILING PROCEDURE.
(A) After the pre-submission meeting, the petitioner may file a rezoning request to one of the PD classification categories.
(B) This submission shall contain the following:
(1) A signed and notarized petition to rezone containing a metes and bounds legal description and the PD classification category sought, signed by the owner or owners of all property involved or with a notarized affidavit of consent of all owners attached;
(2) A list of names, addresses and tax assessment parcel numbers of all owners of property located adjacent to and directly across the street, alley or railroad right-of-way from the subject property;
(3) Two notices of public hearing, each with a metes and bounds or other legal description and the common address or location of the subject property;
(4) Two release letters authorizing the staff to submit notices of public hearings to the designated newspapers;
(5) A typed original and eight copies of the proposed ordinance to rezone the property;
(6) Three sets of drawings labeled draft plan, to include a recorded boundary survey satisfying the requirements of 865 I.A.C. Art. 1, Rule 12;
(7) If dividing land, three copies of the preliminary plat prepared by a registered land surveyor; detailed instructions on the information to be provided on said preliminary plat can be obtained from the Administrator;
(8) Three copies of any proposed covenants and horizontal property ownership and owner’s association documents written in plain language with a table of contents; and
(9) Signatures from the representatives of all checkpoint agencies, or post office receipts of certified mailing indicating receipt of one set of items listed in divisions (B)(7) through (B)(9) above. The checkpoint agencies are:
(a) The Town Council;
(b) The Water and Wastewater Utility Superintendents;
(c) The town’s Police Department;
(d) The town’s Volunteer Fire Department;
(e) The Eastern School Corporation; and
(f) The county’s Health Department.
(C) If the petitioner fails to meet the filing requirements of division (B) above within six months of the pre-submission meeting, then the petitioner shall reschedule a new pre-submission meeting in order to continue the project.
(Ord. 2002-5, passed 7-2-2002)
§ 156.110 REVIEW MEETING.
(A) The purpose of the review meeting is to give the Administrator and checkpoint agency representatives an opportunity to recommend revisions to the draft plan submission and to discuss these recommendations with the petitioner and the petitioner’s representatives.
(B) The Administrator shall determine if the petitioner’s submission is complete. Within 30 days of the finding of a complete submission, the review meeting shall be held. Written notice shall be sent to the petitioner, the petitioner’s representatives, the checkpoint agencies and the Advisory Plan Commission stating the time and place of the review meeting.
(C) If the submission is incomplete, the petitioner shall be provided with written notice of the deficiencies. The review meeting shall not be scheduled until the deficiencies are addressed by the petitioner.
(Ord. 2002-5, passed 7-2-2002)
§ 156.111 PRELIMINARY PLAN SUBMISSION REQUIREMENTS.
(A) Following the required review meeting, the petitioner shall submit a preliminary plan not later than three weeks before the proposed public hearing of the rezoning petition. A complete preliminary plan submission shall contain the following:
(1) Eight sets of drawings labeled preliminary plan. These drawings must contain all of the elements of the draft plan plus the changes resulting from the review meeting;
(2) If dividing land, eight copies of the preliminary plat shall be included within the preliminary plan. The plat shall be prepared by a registered land surveyor; and
(3) Eight copies of any covenants and horizontal property ownership and owner’s association documents written in plain language and with a table of contents.
(B) If the petitioner fails to meet the preliminary plan submission requirement within six months of the review meeting, then his or her rezoning petition shall be void. If the petitioner wishes to continue the project, a new pre-submission meeting is required.
(Ord. 2002-5, passed 7-2-2002)
§ 156.112 PRELIMINARY PLAN HEARING AND DISPOSITION.
(A) The rezoning petition and preliminary plan shall be heard by the Advisory Plan Commission as a petition for zoning ordinance amendment, which may recommend approval, amendment or disapproval of the preliminary plan upon hearing the request.
(B) The Commission may impose reasonable conditions with its recommendation. However, if the Commission requires changes in design regarding the proposed site, utilities or landscape plans, then the Commission shall vote to recommend amendment. In this case, the petitioner may resubmit a second preliminary plan for rehearing by the Commission at a later date.
(C) If the Commission recommends approval or disapproval, the eight sets of the preliminary plan shall be stamped with that recommendation and signed by the President and Secretary of the Commission. Distribution of the plan sets shall be as follows: one set shall be retained in the office the Commission, two sets shall be returned to the petitioner, four sets shall be distributed to the affected gas, electric, telephone and cable television utilities and one set shall be certified to the legislative body for adoption as a planned unit development zone.
(D) The legislative body may adopt or defeat the certified preliminary planned unit development but shall not amend the plan. If adopted by the legislative body, then the petitioner may prepare final detailed plans.
(Ord. 2002-5, passed 7-2-2002)
§ 156.113 SUBMITTAL OF FINAL PLANS.
Upon approval by the Town Council of the PD zone, the petitioner may proceed with the approval of any platting or final development plans in accordance with the terms and provisions of Chapter 155 of this code.
(Ord. 2002-5, passed 7-2-2002)
§ 156.114 AMENDMENT OF THE APPROVED FINAL DETAILED PLANS.
(A) The petitioner may wish to make changes to the approved final detailed plans after recordation. The Administrator shall make a determination if the changes constitute a minor modification or a major modification. An approved written determination of minor modification by the Administrator shall be attached to the amended final plans before recording. A major modification will require rezoning.
(B) A minor modification cannot include:
(1) Any increase in residential density;
(2) Any decrease in residential density of 10% or more;
(3) Any change in building dimension or location other than within the defined building envelope;
(4) Any change in lot lines;
(5) Any change in landscaping other than a substitution of species or a redesign with the same materials;
(6) Any alteration in the size or location of signage;
(7) Any change in the alignment or intersection of streets; or
(8) Any change in restrictive covenants or in horizontal property ownership and owner’s association documents regarding the items in divisions (B)(1) through (B)(7) above.
(C) The petitioner shall provide the Administrator an as-built survey locating building and common lot lines after the foundations are in place for all condominium or attached zero lot line projects. The revised plans need to be submitted to and approved by the Administrator and recorded as amended final detailed plans.
(D) Changes to restrictive covenants and any horizontal property ownership and owner’s association documents can only be initiated by a majority of property owners within the planned unit development. Multiple owners of a single unit shall be considered one owner. The developer shall be considered a single owner until all property is sold. The proposed changes shall be reviewed by the Administrator and the determination made as to whether the changes amount to a minor or major modification.
(Ord. 2002-5, passed 7-2-2002)
§ 156.115 LAPSED AND ABANDONED PLAN DEVELOPMENTS.
(A) An intended condominium conversion has lapsed if two years have passed since the date on which rezoning to PDRS was granted and no final detailed plans have been approved and recorded. The Advisory Plan Commission shall initiate a petition to rezone the property to its former classification following such a lapse.
(B) A planned unit development has been abandoned if two years have passed since the date on which rezoning to PDRS, PDNR or PDMX was granted and no final detailed plans have been approved and recorded for the project. The Administrator shall not issue an improvement location permit for an abandoned planned unit development.
(Ord. 2002-5, passed 7-2-2002)