Kouts City Zoning Code
PLANNED UNIT
DEVELOPMENT DISTRICT
§ 154.120 STATEMENT OF PURPOSE.
This provision is included in this subchapter for the Planned Unit Development (PUD) Zoning District pursuant to I.C. 36-7-4-1500 et seq. to permit establishment of areas in which uses may be brought together as a compatible and unified plan of development which shall be in the interests of the general welfare of the public. In Planned Unit Development (PUD) Zoning Districts, land and structures may be used for any lawful purpose in accordance with a Site Specific Zoning Ordinance (SSZO) adopted under the provisions set out in this subchapter. No Planned Unit Development shall be considered which is less than ten acres in gross acreage.
(Am. Ord. 1996-18, passed 11-18-96)
Statutory reference:
For provisions concerning planned unit development, see I.C. 36-7-4-1500 et seq.
§ 154.121 PRELIMINARY DEVELOPMENT PLAN.
(A) The owner and developer shall submit a preliminary development plan to the town for review, which plan shall include the following information:
(1) Proposed site plan, showing building locations and land use areas;
(2) Proposed traffic circulation, parking areas, pedestrian walks and landscaping;
(3) Proposed construction sequence for public improvements, buildings, street lighting, parking spaces and landscaped areas.
(B) The Plan Commission shall, after a public hearing, consider the rezoning request for a PUD Zoning District as in all other zone change petitions and also consider the preliminary development plan. The Plan Commission shall make a recommendation to the Town Council which shall separately and independently consider such request for a change of zoning district as in all other cases pursuant to I.C. 36-7-4-600 et seq. The Plan Commission shall each determine the specific uses or range of uses, general development requirements, the required plan documentation and supporting information that may be required and any limitations applicable to the Planned Unit Development. The Plan Commission then shall make a recommendation to the Town Council on the zone change proposal in the same manner as proposals made pursuant to I.C. 36-7-4-602 and 36-7-4-608 and the preliminary development plan. Following the Plan Commission’
(Am. Ord. 1996-18, passed 11-18-96)
Statutory reference:
For provisions concerning zoning ordinances generally, see I.C. 36-7-4-600 et seq.
For provisions concerning proposal to adopt/repeal initial zoning ordinances, amending text and maps, see I.C. 36-7-4-602
For provisions concerning proposal to change in zoning maps incorporated into zoning ordinances, see I.C. 36-7-4-608
§ 154.122 DEVELOPMENT PLAN; SECONDARY REVIEW.
(A) (1) In the event that the Town Council adopts the PUD Site Specific Zoning Ordinance (PUD SSZO) and before any work may commence or a building or improvement location permit may be issued, the owner and developer shall submit to the Town Council, or Commission as the case may be, two copies of the development plan and all other plan documents and supporting information required hereunder or required by the PUD SSZO. The Town Council by express provision in the PUD SSZO may retain jurisdiction to conduct this secondary review; otherwise the review shall be made by the Plan Commission. The Town Council or Plan Commission which shall conduct the secondary review of the development plan according to this section shall be referred to hereafter as the “Secondary Review Authority.” The Secondary Review Authority shall, within 30 days, consider the PUD development plan to determine if: the express general terms of the development requirements are satisfied; and the applicable terms of the PUD SSZO are satisfied; then the Secondary Review Authority shall grant secondary approval of the development plan subject to the following. At the time that secondary approval is given, the Secondary Review Authority may express in detailed terms any other development requirements that will apply to the Planned Unit Development and specify any additional plan documentation or supporting information that must be supplied before a building or improvement location permit may be issued for development of real property in the Planned Unit Development District.
(2) The secondary review shall be conducted by the Secondary Review Authority without a public hearing unless otherwise provided for in the PUD SSZO.
(B) The development plan shall be prepared by an architect, engineer or land surveyor and shall include the following information:
(1) A survey of the property, showing existing features of the property, including contours, building structures, trees over four inches in trunk diameter, streets, utility easements, rights-of-way and land use;
(2) Site plan showing proposed building locations and land use areas;
(3) Traffic circulation, parking areas and pedestrian walks;
(4) Landscaping plans, including site grading and landscape designs;
(5) Preliminary drawings for buildings to be constructed in the current phase, including floor plans, exterior elevations and sections;
(6) Preliminary engineering plans, including street improvements, lighting, drainage system and public utility extensions;
(7) Engineering feasibility studies of any anticipated problems which might arise due to the proposed development, as required by the Commission;
(8) Construction sequence and time schedule for completion of each phase for buildings, parking spaces, landscaped areas, public improvements and maintenance schedules for all common areas, open spaces and drainage systems.
(C) The development plan shall be in conformance with the PUD SSZO. Approval from the Secondary Review Authority shall be secured by the owner and developer for the development or each phase of the development. Such approval for the development or for each phase thereof shall be valid for a period of 12 months, at which time, unless the proposed development has received a building or improvement location permit, and construction has begun, the secondary approval for the development plan shall expire.
(D) Prior to the granting of secondary approval for any development plan, the Secondary Review Authority may stipulate such detailed development requirements, conditions and restrictions upon the establishment, location, design, layout, construction, maintenance, beautification, aesthetics, operation and other elements of the Planned Unit Development as deemed necessary for the protection of the public interest, including, but not limited to, bonding requirements, improvement of the development and protection of the adjacent area in order to secure compliance with the standards specified above. In all cases in which development plans are granted, the Town Council shall require such evidence and guarantees, including, but not limited to bonding requirements, as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with for the improvement of the development, protection of the adjacent area and to secure compliance with the standards specified.
(Am. Ord. 1996-18, passed 11-18-96)
§ 154.123 FINDINGS REQUIRED.
The Secondary Review Authority, after determining that all of the requirements of the Zoning Code and the PUD SSZO have been met, shall approve, approve with modifications or disapprove the development plan on secondary review. The Secondary Review Authority may express in detailed terms other development requirements that will apply to the Planned Unit Development. If the Secondary Review Authority disapproves a development plan, the Secondary Review Authority shall enter its reasons for such action in its records.
(Am. Ord. 1996-18, passed 11-18-96)
§ 154.124 INTEREST FOR DEVELOPMENT REQUIREMENTS.
(A) The purposes of development requirements for Planned Unit Development are to provide for the rezoning of land to commercial and business development zones in conformance with the provisions and standards which ensure compatibility among all the land uses, foster innovation, site planning and development and encourage sound development in the interests of safety and the general welfare of the public.
(B) The development requirements for Planned Unit Development (PUD) Zoning Districts are to provide the town with a means to evaluate applications for such districts consistent with the provisions and general intent of this subchapter and the Comprehensive Master Plan.
(C) The development requirements contained in this subchapter for Planned Unit Development (PUD) Zoning Districts are intended to strengthen public control over development, while providing the necessary latitude for the owner and developer to make creative and efficient use of their property.
(Am. Ord. 1996-18, passed 11-18-96)
§ 154.125 ZONING DISTRICT USES.
In Planned Unit Development (PUD) Zoning Districts, any use may be permitted, provided the PUD SSZO specifically allows for the use either by express terms or by incorporating a range of uses by referencing other zoning districts.
(Am. Ord. 1996-18, passed 11-18-96)
§ 154.126 DEVELOPMENT REQUIREMENTS.
(A) In addition to use requirements, if any, the Town Council or Commission may adopt and impose development requirements which may include matters relating to the following:
(1) Compatibility of the development with surrounding land uses;
(2) Availability and coordination of water, sanitary sewers, storm water drainage and other utilities;
(3) Management of traffic in a manner that creates conditions favorable to health, safety, convenience and the harmonious development of the community;
(4) Building setback lines;
(5) Building coverage;
(6) Building separation;
(7) Vehicle and pedestrian circulation;
(8) Parking;
(9) Landscaping;
(10) Height, scale, materials and style of improvements;
(11) Signage;
(12) Recreation space;
(13) Outdoor lighting;
(14) Any other requirements considered appropriate by the Town Council or Commission.
(B) The development requirements relating to the management of traffic may ensure the following:
(1) That the design and location of proposed street and highway access points minimize safety hazards and congestion;
(2) That the capacity of the adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development;
(3) That the entrances, streets and internal traffic circulation facilities in the development plan are compatible with the existing and planned streets and adjacent developments.
(Am. Ord. 1996-18, passed 11-18-96)
§ 154.127 OFF-STREET PARKING.
Off-street parking and loading facilities for planned unit developments shall comply with the provisions set forth in §§ 154.335 et seq. and with all other applicable ordinances of the town, as amended from time to time hereafter, including all ordinances relating to subdivision control prior to development and use of land unless specifically altered or varied by the express terms of the PUD SSZO.
(Am. Ord. 1996-18, passed 11-18-96)
§ 154.128 PRIVATE STREETS.
(A) Private street rights-of-way and pavements in a planned unit development shall be constructed in conformance with the minimum street specifications prescribed by the Subdivision Control Ordinance and/or the Town’s Specifications and Standards for Municipal Improvements (Ordinance 1995-10), as amended from time to time, except as otherwise approved by the Commission as part of a secondary review of the development plan.
(B) At or near the entrance of each private street on a dedicated public street, the applicant or the private organization shall maintain a signpost carrying a sign, having an area of at least 15 inches by 21 inches, on which is printed and clearly legible in at least two inch letters, the name of the private street and the words “Private Street” and, in at least one inch letters, the words “Not Dedicated for Public Use or Maintained by the Public.” The material on the sign shall be arranged substantially as follows:
(NAME OF STREET)
(PRIVATE STREET)
NOT DEDICATED FOR PUBLIC USE OR
MAINTAINED BY THE PUBLIC
(C) Private streets shall be maintained by the owners so that fire, police, health, school and public utility vehicles have adequate access. Adequate access includes an adequate turning area.
(Am. Ord. 1996-18, passed 11-18-96)
Cross reference:
Specifications and standards for municipal improvements, see Chapter 95;
Subdivision Ordinance, see Chapter 153
§ 154.129 PUBLIC STREETS.
Where public streets are required by the Comprehensive Master Plan or the Commission, as deemed necessary, they shall be dedicated and constructed in conformance with the minimum street specifications prescribed by the Subdivision Control Ordinance and/or the Town’s Specifications and Standards for Municipal Improvements (Ordinance 1995-10), as amended from time to time.
(Am. Ord. 1996-18, passed 11-18-96)
Cross reference:
Specifications and standards for municipal improvements, see Chapter 95;
Subdivision Ordinance, see Chapter 153
§ 154.130 OVERSIGHT AND AMENDMENT.
When a Planned Unit Development (PUD) Zoning District and development plan receive approval after secondary review, the owner and developer shall enter into implementation of the development, according to the terms of the conditions established as part of the development plan. Any subsequent change or addition to an approved development plan shall be submitted for approval to the Secondary Review Authority and, if in the Secondary Review Authority’s opinion, such change or addition is not substantial, it may approve the change. If such change or addition is construed to be substantial, a public hearing shall be held prior to such approval. Failure to comply with the development requirements, conditions and regulations as established and as specifically made applicable to a development plan shall be cause for termination of the approval for the project. At least ten days notice shall be given to the owner and developer to appear before the Secondary Review Authority and answer any such charge of noncompliance.
(Am. Ord. 1996-18, passed 11-18-96)
§ 154.131 COMPLIANCE.
Nothing contained in this subchapter is intended to relieve any owner, developer or user of land from compliance with all other ordinances of the Town of Kouts, as amended from time to time hereafter, including all ordinances relating to subdivision control prior to development and use of land.
(Am. Ord. 1996-18, passed 11-18-96)
§ 154.132 CONDITIONS AND COMMITMENTS.
(A) When the Town Council or Commission is considering the adoption of a PUD SSZO, they may recommend and adopt provisions in the said PUD SSZO which do the following:
(1) Impose reasonable conditions on a proposed planned unit development;
(2) Condition issuance of an improvement location or building permit on the furnishing of a bond or a satisfactorily written assurance guaranteeing the timely completion of a proposed public improvement in a planned unit development or serving a planned unit development;
(3) Allow or require an owner of real property to make a written commitment in the manner authorized under state law.
(B) When recommending adoption of a PUD SSZO to the Town Council, considering the adoption of a PUD SSZO, granting secondary approval of the development plan or making an amendment or modification of the development plan, the Commission, Town Council or Secondary Review Authority may:
(1) Impose the conditions described in divisions (A)(1) and (A)(2) of this section; and
(2) Allow or require a written commitment of the owner and/or developer of real property as authorized under state law.
(Am. Ord. 1996-18, passed 11-18-96)