New Whiteland City Zoning Code

PLANNED UNIT

DEVELOPMENT PUD

§ 156.430 GENERAL PURPOSE.

(A) The purpose of this subchapter is to set forth procedures and requirements for the establishment of a Planned Unit Development (PUD) Zoning District within the town.

(B) The intent of this subchapter is to set guidelines whereby a PUD plan can achieve:

(1) A maximum choice in the types of living environment, occupancy tenure (i.e., cooperatives, individual ownership, condominium, leasing and the like), types of housing, types of ownership and community facilities available to existing and potential residents;

(2) Usable open space and recreation areas directly related to the intended users;

(3) Convenience in location of accessory commercial and service areas or supportive industrial areas;

(4) Preservation of natural topographical and geological features with emphasis upon:

(a) Prevention of soil erosion;

(b) Conservation of existing surface and subsurface water; and

(5) A creative and efficient approach to the use of land and related physical development, resulting in a smaller network of utilities and streets and lower housing costs;

(6) An environment of stable character in harmony with the surrounding development; and

(7) A more desirable environment than would be possible through the strict application of other sections of this chapter.

(2004 Code, § 9-100)

§ 156.431 DEFINITIONS.

For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

COMMON OPEN SPACE. A parcel or parcels of land or an area of water, or a combination of land and water within the PUD site designed and intended for the use or enjoyment of the occupants. Street rights-of-way, driveways and parking lots which directly serve dwellings or commercial buildings shall not be counted toward area requirements of COMMON OPEN SPACE. Those directly serving recreational areas may be counted toward COMMON OPEN SPACE area requirements at the discretion of the Plan Commission.

GROSS LAND AREA. All areas (whether covered by land or water) contained within the exterior property boundaries of the PUD that are a part of the PUD.

LANDOWNER. The legal or beneficial owner or owners of all of the land proposed to be included in a PUD. The holder of an option or contract to purchase, a lessee or other persons having an enforceable proprietary interest in such land shall be deemed to be a LANDOWNER for the purposes of this subchapter.

PLAN. The written and graphic submission for a PUD, including a plat of subdivision; all covenants and articles of incorporation of the homeowner’s association relating to use; location and bulk of buildings and other structures; density of development; private streets, ways and parking facilities; common open space; and public facilities.

PLANNED UNIT DEVELOPMENT (PUD). An area of land, controlled by a landowner, to be developed as a single entity for a variety of dwelling units and/or other uses, the plan for which does not correspond in lot size, bulk or types of dwelling, density, lot coverage and required open space to the regulations established in any one zoning district, created from time to time, under the provisions of this chapter, enacted by the Town Council.

PROFESSIONAL CONSULTANT. A person who possesses the knowledge and skills, by reason of education, training and experience, to comprehend the full nature and extent of the project in question regarding its social, economic, physical, environmental and design characteristics and implications in order to foster a unified plan for development. He or she may be, but not necessarily limited to, a registered architect, landscape architect, engineer, planner or equivalent.

PUD. Planned unit development, as defined in PLANNED UNIT DEVELOPMENT (PUD) above.

(2004 Code, § 9-200)

§ 156.432 MINIMUM AREA REQUIREMENTS.

The minimum area required for PUD zoning shall be a gross land area of ten acres if used for residential zone purposes; provided, however, no commercial uses shall be permitted in a PUD containing a gross land area less than 25 acres; Further provided, however, that, no manufacturing uses shall be permitted in a PUD containing a gross land area of less than 50 acres.

(2004 Code, § 9-301)

§ 156.433 LOCATION OF A PUD DISTRICT.

The PUD zoning district may be applicable to any area where the applicant can demonstrate that his or her proposal will meet the objectives of this section. After having reviewed the PUD preliminary proposal, the Plan Commission shall submit its recommendation to the Town Council.

(2004 Code, § 9-302)

§ 156.434 SETBACK REQUIREMENTS.

The location of all structures shall be as shown on the final approved plat. Minimum lot size, front, rear and side yard lines, and lot width are not regulated specifically by this subchapter, although the Plan Commission may be guided by standards set elsewhere in this chapter for comparable conditions and by common good practice. The relationship of buildings to each other, to the local street system and to open space land shall be consistent with the intent of this subchapter.

(2004 Code, § 9-303)

§ 156.435 INTENSITY OF LAND USE.

(A) Because land is used more efficiently in a PUD, improved environmental quality can often be produced with a greater number of dwelling units per gross acre than usually permitted in a traditionally zoned district. The Plan Commission shall determine in each case the appropriate land use and dwelling unit density for individual projects or sections thereof.

(B) However, the following guidelines shall be adhered to:

(1) Residential densities:

(a) Overall. The maximum residential density for the overall project shall be five units, per acre: computed by comparing the total number of dwelling units to the gross land area of the project; and

(b) Sections. The maximum residential density for any particular section shall be 15 units per acre; computed by comparing the number of dwelling units within a particular section to the gross land area of that particular section.

(2) Land use ratios:

(a) Professional. Professional research, office or general business commercial or business uses may occupy up to a maximum of 20% of the gross land area;

(b) Manufacturing. Industrial uses may occupy up to a maximum of 10% of the gross land area; and

(c) Residential. The remainder of the area shall be devoted to residential uses; providing that, open space accompanies this land utilization at the rate of 12 acres for every 300 dwelling units.

(2004 Code, § 9-304)

§ 156.436 COMMON PROPERTY.

Common property in a PUD is a parcel of parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants. When common property exists, the ownership of such common property may be either public or private. When common property exists, satisfactory arrangements shall be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas, and recreational and open spaces. The landowner shall provide for and establish an organization for the ownership and maintenance of any private common open space, and such organization shall not be dissolved nor shall it dispose of any common open space.

(2004 Code, § 9-305)

§ 156.437 PERMITTED USES.

All uses within an area zoned as a PUD District are determined by the provisions of this subchapter and the approved plan of the project concerned.

(A) Residential uses. Residential uses may be of a variety of types. In developing a balanced community, the use of a variety of housing types shall be deemed in keeping with this subchapter.

(B) Commercial, service, other non-residential uses. Commercial, industrial and other non-residential uses may be included in a PUD subject to approval by the Plan Commission. Such uses, their locations and commercial area designs shall be compatible with the residential uses. This subchapter encourages a mixture of non-residential uses in a PUD as supportive economic development to the PUD specifically, and to the town in general.

(2004 Code, § 9-306)

§ 156.438 CONFLICT OF RESTRICTIONS.

Wherever there is a conflict or difference between the provisions of this subchapter and those of the other sections of this chapter, the provisions of this subchapter shall prevail. Subjects not covered by this subchapter shall be governed by the respective provisions found elsewhere in this chapter unless otherwise approved by the Plan Commission.

(2004 Code, § 9-307)

§ 156.439 NON-RESIDENTIAL USE COMPATIBILITY.

Commercial, business or industrial uses shall be reviewed by the Plan Commission to determine the following:

(A) The uses permitted are necessary or desirable and are appropriate with respect to the purpose of this subchapter;

(B) The uses are not of such nature or so located as to exercise a detrimental influence on the PUD, nor on the surrounding neighborhood;

(D) The uses are located and so designed as to provide direct access to a collector or an arterial street without creating traffic congestion or hazard;

(E) No commercial or industrial uses shall be allowed in a combination PUD unless the size of the PUD meets or exceeds the area requirements set out in § 156.432 of this chapter;

(F) An area map showing adjacent property owners and existing uses within 600 feet of the proposed PUD parcel; and

(G) A sketch plan approximately to scale, though it need not be to the precision of a finished engineering drawing; and it should show the following:

(2004 Code, § 9-308)

§ 156.440 UTILITIES.

(A) All utilities, including communication and electrician systems, shall be placed underground within the limits of a PUD.

(B) Appurtenances to these systems may be accepted.

(2004 Code, § 9-309)

§ 156.441 STREETS.

The design and designation of all streets, public or private, shall be subject to the approval of the Plan Commission. Minimum pavement construction and dimension standards shall be as set forth in Ch. 155 of this code of ordinances. Because of the nature of a PUD and the intent of this subchapter, the overall shape and dimension of the street right-of-way shall be at the discretion of the Plan Commission.

(2004 Code, § 9-310)

§ 156.442 HOMEOWNERS ASSOCIATION.

There shall be an established home owners association and its by-laws and other similar deed restrictions which provide for the control and maintenance of all common areas, recreation facilities or open spaces shall meet with the approval of the Plan Commission. If any open space or recreational facility is to be used solely by the residents of the PUD, adequate provisions shall be made for assessments against the property within the project so that such facilities can be properly maintained and operated.

(2004 Code, § 9-311)

§ 156.443 COMMERCIAL/INDUSTRIAL DESIGN.

The plan of the project shall provide for the integrated and harmonious design of buildings in commercial and industrial areas and such parcels shall be developed in park like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas and other features from the adjoining and surrounding residential areas.

(2004 Code, § 9-312)

§ 156.444 APPLICATION AND APPROVAL PROCESS.

(A) General. Whenever a PUD is proposed, before a permit for the erection for a permanent building in such PUD shall be granted, and before a subdivision plat of any part thereof may be filed in the office of the Plan Commission, the developer or his or her authorized agent shall apply and secure approval of such PUD in accordance with this subchapter. Review of the project shall take place in four phases. At the culmination of each phase, the applicant must receive the necessary approvals from the appropriate body (Town Plan Commission or Town Council) prior to proceeding into subsequent review phases. Lack of sufficient or continuous progress as defined herein, either through or between phases, may lead to nullification of all approvals by the Town Plan Commission and Town Council. Approval of any one phase does not guarantee approval of any subsequent phases.

(2004 Code, § 9-400)

(B) Phase I - Concept Approval.

(1) Concept plan. In order to allow the Plan Commission and the developer to reach an understanding on basic design requirements prior to detailed design, the applicant shall submit:

(a) A legal description of the metes and bounds of the parcel;

(b) An area map showing adjacent property owners and existing uses within 600 feet of the proposed PUD parcel;

(c) A sketch plan approximately to scale, though it need not be to the precision of a finished engineering drawing; and it should show the following:

1. The existing topographical features of the site;

2. General map of the watershed in which the project is to be located;

3. Location of the various uses and their areas in acres;

4. The general outlines of the interior roadway system and all existing right-of-way and easements whether public or private;

5. Delineation of the various residential and non-residential areas, indication for each area, its general extent, size and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling unit type;

6. Calculation of the residential density in dwelling units per gross acre, including interior roadways;

7. The interior open space system;

8. Where portions of the site are subject to flooding, the map shall indicate extent and frequency;

9. Principal ties to the community at large with respect to transportation, water supply and sewage disposal;

10. General description of the availability of other community facilities, such as schools, fire protection services and cultural facilities, if any, and how these facilities are affected by these proposals;

11. Evidence that the proposed PUD is compatible with the goals of the town’s official Comprehensive Plan;

12. General statement as to how common open space is to be owned and maintained;

13. If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the intended total project; and

14. The application shall certify that a professional consultant is being utilized in the planning procedures. Said consultant shall be involved in the application procedures.

(d) The Plan Commission shall review the concept plan and its related documents at a public hearing and shall render a written report to the Town Council and to the applicant within 15 days of the public hearing. The Plan Commission may call upon other public or private consultants to provide a sound review of the proposal. The Plan Commission may require preliminary approval from other county or state agencies. The Commission or consultants need only concern themselves with general conceptual merit, and in no way shall commit any future acceptance or rejection of detailed design elements required in subsequent phases of plan review. The written report shall include the following:

1. Whether the proposal meets the intent and objectives of this subchapter;

2. Whether the proposal is conceptually sound in that it conforms to accepted design principals in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the developed elements; and

3. Whether there are adequate services and utilities available or proposed to be made available in the construction of the project.

(e) The Town Council shall review the proposed conceptual PUD plan within 45 days of receipt of recommendations from the Plan Commission.

(2) Proceeding to Phase II. If the Town Council shall grant by formal resolution approval of the proposed PUD conceptual plan, then the applicant may proceed to Phase II.

(2004 Code, § 9-401)

(1) Simultaneous platting and zoning. After having received approval of the proposed PUD conceptual plan, the applicant may then proceed to Phase II of the approval process. In Phase II, the applicant shall present the preliminary site plan (plat) for Plan Commission Review, and may simultaneously petition for PUD zoning of the total parcel. It should be emphasized that although the platting procedures may be initiated simultaneously and progress concurrently, final zoning approval shall be subject to final plan approval, and shall not occur until after final plan approval (to allow the “Master Plan” to be made a part of the Zoning Ordinance).

(2004 Code, § 9-402)

(2) Application filing and public notification. Application for preliminary plat approval shall be submitted to the town’s Plan Commission. The proposed preliminary plat and any supportive documents shall be filed with Plan Commission office at least 15 days in advance of the public hearing at which the proposed plat is to be reviewed. The applicant shall meet all Plan Commission public hearing requirements as set out in § 156.077 of this chapter.

(2004 Code, § 9-403)

(3) Contents of preliminary plat.

(a) The preliminary plat shall be filed in three copies and include the following information prepared by a professional consultant:

1. An area map showing the applicant’s entire holding, that portion of the applicant’s property under consideration, and all properties, subdivisions, streets and easements within 300 feet of the applicant’s property.

2. A topographic map of the entire area showing contour intervals of not more than two feet of elevation shall be provided.

3. A preliminary site plan including the following information:

a. Title of drawing, name of project, name and address of applicant, name and address of professional consultant;

b. The land use plan identifying the type, location, quantity, design, floor area and density of specific sections and the project in total;

c. North point, scale and date;

d. Existing and proposed watercourses;

e. Street layout and design;

f. The open space plan and planned sites for schools, recreation areas, community centers and other public improvements where applicable;

g. Location of all existing or proposed site and off-site improvements, including drains, ditches, culverts, retaining walls, and fences; descriptions and location of method of sewage disposal and water supply; location and size of all signs (street name and traffic control); location and design of street and parking lighting; and the amount of building area proposed for non-residential uses, if any; and

h. A plan for phasing the construction of the project, showing the geographical coverage of future plats, their approximate sequence of development and the tentative timetable for development. It is the intent of this subchapter that the tempo and sequence of development in a PUD be such that land uses which provide only moderate local revenues, yet require large municipal and school service costs, are scheduled simultaneously with those that provide larger local revenues yet which are not as costly to service.

(b) The Plan Commission may require, if all or part of the gross land area of the PUD has moderate to high susceptibility to flooding, a transparent overlay showing all soils, areas and their classifications; as well as those areas susceptible to flooding, or moderately or highly susceptible to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation and tree coverage.

(c) The Plan Commission may further require, if the proposed PUD is within close proximity to an airport, a transparent overlay showing aircraft patterns, approach patterns and seasonal wind directions. Areas of possible noise or odor pollution on- or off-site shall be indicated.

(2004 Code, § 9-404)

(4) Factors for consideration. The Plan Commission’s review of a preliminary site plan shall include, but not be limited to, the following considerations:

(a) Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures, signs and traffic controls;

(b) Adequacy and arrangement of pedestrian traffic access and circulation; separation of pedestrian from vehicular traffic; and pedestrian convenience;

(d) Location, size and placement of buildings, lighting and signs;

(e) Type and arrangement of landscape features;

(f) Adequacy, location and size of storm water and sanitary waste disposal facilities;

(g) Adequacy of structures or roadways in areas with moderate to high susceptibility to flooding, ponding or erosion;

(h) Conformance with other specific requirements of the Town Council which may have been stated in the PUD conceptual resolution or PUD zoning ordinance;

(i) In its review, the Plan Commission may consult with the Town Engineer, other departments or officials, as well as with the representatives of federal and state agencies such as the Soil Conservation Services, the state’s Board of Health or Department of Natural Resources. The Plan Commission may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare; and

(j) Property adjacent to the proposed development will not be adversely affected.

(2004 Code, § 9-405)

(5) Action on preliminary plat plan.

(a) Within 30 days of the public hearing at which the preliminary plat is submitted for approval, the Plan Commission shall act on it. If no decision is made within said 30-day period, the preliminary plat plan shall be considered conditionally approved. The Plan Commission’s actions shall be in the form of a written statement to the applicant stating whether or not the preliminary plat plan is conditionally approved. A copy of the appropriate minutes of the Plan Commission shall be sufficient report.

(b) The Plan Commission’s statement may include recommendations as to desirable revisions to be incorporated into the final plat plan, of which conformance with shall be considered a condition of approval. Such recommendations shall be limited, however, to siting and dimensional details within general use areas and shall not significantly alter the sketch plan as it was approved in the zoning proceedings.

(c) If the preliminary plat plan is disapproved, the Plan Commission’s statement shall contain the reasons for such findings. In such a case the Plan Commission may recommend further study of the plat plan and re-submission of the preliminary plat plan to the Plan Commission after it has been revised.

(2004 Code, § 9-406)

(6) Town Council review. After having received Plan Commission approval of the preliminary plat plan, the applicant may then submit his or her proposed re-zoning ordinance to the Town Council along with the approval recommendations of the Plan Commission.

(2004 Code, § 9-407)

(D) Phase III - Master Plan and Final Zoning Approval.

(1) Application for final master plan approval.

(a) After receiving the conditional approval from the Plan Commission on a preliminary plan and approval for all necessary permits and curb cuts from town, state and county officials, the applicant may prepare his or her final detailed master plan and submit it to the Plan Commission for final approval.

(b) The final detailed master plan shall conform substantially to the preliminary plat plan that has received conditional approval. It should incorporate any revisions or other features that may have been recommended by the Plan Commission and/or the Town Council during plan concept and preliminary plat plan review procedures.

(2004 Code, § 9-408)

(2) Scope of final platting procedures. Because of the uniqueness of a PUD compared to conventional zoning and development, the following items shall be primary considerations related to the final platting of the development:

(a) PUD is to be developed as a total project with all area being in harmony and continuity with each other. Once the project has begun actual construction, its completion, in the form originally planned and approved, should be guaranteed in as much as it reasonably can; and

(b) At the same time, PUD is usually of sufficient size so as to make it impractical, both physically and financially, to develop without a phased and sequenced plan. Thus, some degree of flexibility should be provided to allow such phasing of the project.

(2004 Code, § 9-409)

(3) Master plan to accompany or precede final plat. In the spirit and intentions of division (D)(2) above, after having received approval of the proposed master plan, the applicant shall:

(a) Provide the Plan Commission with three copies of the final master plan of the PUD. Said master plan shall show the precise exterior boundaries of the project, as well as the precise boundary lines of each section or phase within the PUD. Each section or phase shall have a specific zoning designation shown on the master plan that conforms to current zoning designations of the town. At least one of such copies shall be on reproducible Mylar or equivalent. Subsequent final plats of various individual phases or sections shall substantially conform to the master plan. Said plan shall also contain a statement of the good faith intent of the applicant to carry out the proposed development in accordance with the master plan.

(b) The master plan shall further contain a statement of recommendation from the Plan Commission to the Town Council that said plan, in conjunction with any other documents or requirements made a part of the project during the review process, should be a part of the zoning ordinance for the specific PUD. The statement shall bear the signatures of the Chairperson of the Plan Commission and the Zoning Administrator.

(c) Said master plan when approved by the Town Council shall become a part of the Zoning Ordinance for the PUD. The master plan shall contain a statement of approval by the Town Council and shall bear the same signatures as required on the zoning ordinance. The master plan shall be recorded with the County Recorder.

(2004 Code, § 9-410)

(E) Phase IV - Final Plats. The preliminary plats and final plats for individual sections or phases shall be approved and signed by the Plan Commission Chairperson and Recording Secretary in the same manner as prescribed in Ch. 155 of this code of ordinances (including requirements for “content of plat”). The Town Council does not participate in the review or approval of preliminary plats, final plats or building permits.

(2004 Code, § 9-411)

(F) Supplemental regulations.

(1) Proceedings. All proceedings brought under this section shall be subject to the rules of procedure of the Plan Commission, where not inconsistent with the procedure otherwise stated herein, except that notice by publication shall be sufficient notice for proceedings related solely to approval and modification of preliminary plat plans and final plat plan.

(2004 Code, § 9-501)

(2) Modification. In the exercise of its continuing jurisdiction, the Plan Commission may, from time to time, modify the approved final plat plan in a manner consistent with the approved preliminary plat plan to allow for changed circumstances and conditions unforeseen at the time of the original approval. This division (F)(2) does not apply to zoning designations.

(2004 Code, § 9-502)

(3) Request for changes. If, in the site development, it becomes apparent that certain elements of the plan as it has been approved by the town are not feasible and in need of significant modification, the applicant shall then present his or her solution to the Plan Commission. The Plan Commission shall then determine whether or not the modified plan is still in keeping with the intent of the master plan and zoning ordinance of that specific PUD. If a negative decision is reached, the site plan shall be considered as disapproved. The applicant may then produce another site plan solution. If an affirmative decision is reached, the Plan Commission shall so notify the Town Council, stating all of the particulars of the matter and the reasons for its recommendations for approval, whichever the case may be. This division (F)(3) does not apply to zoning designations.

(2004 Code, § 9-503)

(4) Expiration of approval. Approval by the Plan Commission shall expire after a period of five years from the approval of the PUD’s master plan unless the development is 51% completed in terms of public improvements such as power, gas, water and sanitary sewers, in which latter instance an extension of time may be granted by the Plan Commission not to exceed five successive periods of two years each.

(2004 Code, § 9-504)

(5) Abandonment. Upon abandonment of a development authorized under this section (abandonment shall be deemed to have occurred when no improvements have been made pursuant to the approved master plan for 24 months or upon expiration of the approval as prescribed in division (F)(5) above), the Plan Commission shall initiate an amendment to the zoning ordinance so that the land will be zoned into a category or categories which most nearly approximate its then existing use or such other zoning category or categories which it deems appropriate.

(2004 Code, § 9-505)

(6) Recording. All approved final plat plans and modifications thereof shall be recorded in the appropriate plat books in the offices of the County Recorder within two years after approval by the Plan Commission.

(2004 Code, § 9-506)

(7) Re-zoning limitations. The Plan Commission shall not initiate any amendments to the zoning ordinance concerning property involved in a PUD before completion of development so long as development is in conformity with the approved master plan and final approved plat plans, and is proceeding in accordance with the time requirements. Re-zoning may, however, be initiated by consent of the property owner. In such a case, the regular procedures for re-zoning property shall be conformed to.

(2004 Code, § 9-507)

(8) Official zoning map amended. Upon final passage of the PUD zoning ordinance by the Town Council, the specific area rezoned shall be shown on the official zoning map of the town as a PUD district. Reference shall be made on the map to the number, title and date of passage of said ordinance, as well as the approved master plan of the PUD and any other supportive documents designated by the Town Council shall constitute the zoning regulations for that specific PUD. Any matters not specifically addressed by said ordinance shall be governed by this chapter and Ch. 155 of this code of ordinances.

(2004 Code, § 9-508)