The purpose of this section is to allow innovative and diverse design in land development that is consistent with the adopted Comprehensive Plan and the intent of this appendix. (The goal is to provide a variety of environmentally appropriate residential, nonresidential, and mixed-use developments to meet the needs of the community). Planned Unit Development (PUD) zoning is encouraged in the following contexts:

   A.   To accommodate compatible development in environmentally sensitive locations.

   B.   To enhance compatibility with surrounding land uses.

   C.   To permit a harmonious variety of uses within a single development.

   D.   To promote efficiency and thus economy by clustering structures and/or by using shared facilities or services.

   E.   To foster new site treatments not contemplated in other kinds of zones.

   PUD zones are not identified on the zoning maps in advance. PUD zones are the result of a public hearing to rezone a specific parcel(s) to a new PUD zone based on the negotiated development plan between the petitioner(s), Plan Commission, the Zoning Administrator, and representatives of the checkpoint agencies. The provisions of Section 3 of this appendix shall not be applied, or be applicable, to a PUD zone or district since the negotiated development plan determines the nature of the PUD district.

   A request to rezone from any other zoning classification to a PD zone may be initiated by: (1) the Waterloo Town Council; (2) the Waterloo Plan Commission; (3) all owners of the property in question; or (4) any group of owners united in interest acting jointly under an agreement to carry out the proposal in separate ownership.

   The negotiated agreement is the substance of a PD zone. Therefore, a request for a PD zoning classification shall include among the petitioners either: (1) all owners of the property within the current planned unit development; or (2) the owners association acting on behalf of a majority of property owners in the current planned unit development, as constituted in the recorded bylaws.

   PD zoning is mandatory for any new condominium construction or condominium conversion.

   To identify the nature of planned unit developments on zoning maps, they shall be classified as one of the following four zones:

   A.   PD-R Residential Planned Development. Any development consisting of not less than five acres in which more than 80% of the interior floor area of all buildings to be included in the development is used for residential purposes or those accessory purposes customarily related to residential uses.

   B.   PD-B Business Planned Development. Any development consisting of not less than four acres in which 80% of the interior floor area of all buildings to be included in the development is to be used for commercial purposes.

   C.   PD-I Industrial Planned Development. Any development consisting of not less than ten acres in which 80% of the total interior and exterior area of all sites and structures is to be used for manufacturing, warehousing, or other light to medium intensity industrial use.

   D.   PD-E Planned Development-Extraordinary. A development not otherwise distinguishable under any previous classification, containing less than the minimum land area and/or less than the stated minimum proportions of any single dominant use or function, and in which the proposed uses of interior and exterior spaces require unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions.

   Before filing a rezoning petition seeking any PD classification, the petitioner shall arrange a meeting with the Zoning Administrator. The petitioner shall bring a scaled site plan of the proposed planned unit development to the meeting. The site plan should show the location of proposed uses and major buildings, layout and classification of roads, all entrances and exits, and any environmental sensitive areas. Also, the petitioner shall bring a chart detailing the phasing and a time frame for development.

   Discussion at the meeting shall include but not be limited to:

   A.   The proposed treatment of environmentally sensitive areas;

   B.   The petitioner's intentions and objectives regarding land use, street improvements, and utilities;

   C.   The petitioners' intentions assuring compatibility between uses proposed for the perimeter of the PUD and surrounding land uses and zoning classifications;

   D.   The general availability of utilities to the site;

   E.   The areas’ current zoning pattern;

   F.   The classification of the proposed rezoning to a PD category.

   The Zoning Administrator shall continue the pre-submission conference from time to time.

   After the pre-submission conference, if the petitioner wishes to proceed, the petitioner may file a re-zoning petition for one of the PD zoning classifications.

   This submission shall contain the following:

   A.   A non-refundable processing fee as set by the Plan Commission.

   B.   A signed and notarized Petition to Rezone containing a metes and bounds legal description, the PD classification category sought, and signed by the owner or owners of all property involved; or with a notarized affidavit of consent of all owners attached;

   C.   A list of names, addresses and tax assessment parcel numbers of all property owners located adjacent to and directly across the street, alley, or railroad right-of-way from the subject property;

   D.   One, typed, Notice of Public Hearing, with the common address or other descriptive location of the subject property.

   E.   One, typed, Release Letter authorizing the staff to submit the Notice of Public Hearing to the designated newspaper;

   F.   One, typed, original of the proposed ordinance to rezone the property, using the sample format provided by the Zoning Administrator;

   G.   Ten sets of drawings, labeled Draft Plan, including a recorded boundary survey satisfying the requirements of IAC Title 865 Article 1 Rule 12;

   H.   If subdividing land, ten copies of the Primary Subdivision Plat prepared by a Registered Land Surveyor. Information to be provided on the Primary Plat shall be in accordance with the Town of Waterloo Subdivision Control Ordinance.

   I.   Two copies of any proposed covenants and horizontal property ownership and owners association documents written in plain language with a table of contents.

   J.   The entire submission must be filed with the Commission at the Commission office at least 21 days before the next regularly scheduled Commission meeting.

   K.   The Zoning Administrator shall distribute copies of the Primary Subdivision Plat and Draft Plan to the following departments or agencies:

      1.   Local Government Agencies:

         a.   Waterloo Water Works;

         b.   Waterloo Sewer Works;

         c.   Waterloo Street Department;

         d.   Waterloo Fire Department;

         e.   Waterloo Police Department; and

         f.   DeKalb County Soil and Water Conservation District.

      2.   The following state-level agencies, if applicable:

         a.   Indiana Department of Natural Resources with regard to floodplain issues; and

         b.   Indiana Department of Transportation with regard to access from state or federal highways.

   Any other agencies having jurisdiction in areas potentially affected by the petitioners’ proposed development, as identified by the Zoning Administrator).

   If the petitioner fails to meet the filing requirements of Subsection 8.6 above within six months of the pre-submission conference, the petitioner shall reschedule a new pre-submission conference in order to continue the project.

   The purpose of the required review meeting is to give the Zoning Administrator and Checkpoint Agency Representatives an opportunity to recommend revisions to the Draft Plan and Primary Subdivision Plat, if any, and to discuss these recommendations and revisions with the petitioner and the petitioner's representatives.

   The Zoning Administrator shall determine if the petitioner's submission is complete. Within 30 days of the finding of a complete submission, the required review meeting shall be held. Written notice shall be sent to the petitioner, the petitioners’ representatives, the checkpoint agencies, and the Plan Commission stating the time and place of the required review meeting.

   If the submission is incomplete, the petitioner shall be provided written notice of the deficiencies. The required review meeting shall not be scheduled until the petitioner addresses the deficiencies.

   Following the required review meeting, the petitioner shall submit a Preliminary Development Plan no later than 21 days before the proposed public hearing of the rezoning petition. A complete Preliminary Development Plan submission shall contain the following:

   A.   Ten sets of drawings labeled Preliminary Development Plan, seven of which may be reduced in size. These drawings must contain all the elements of the Draft Development Plan, plus the changes resulting from the Required Review Meeting.

   B.   If subdividing land:

      A Primary Subdivision Plat, prepared by a registered land surveyor, shall be superimposed onto the Preliminary Development Plan; or

      Ten copies of the Primary Subdivision Plat, prepared by a Registered Land Surveyor, seven of which may be reduced in size, shall be included with the Preliminary Development Plan.

   C.   Two copies of any covenants and horizontal property ownership and owners association documents written in plain language with a table of contents.

      If the petitioner fails to meet the Preliminary Development Plan submission requirement within six months of the required review meeting, his or her rezoning petition shall be void. Thereafter, if the petitioner wishes to continue the project, the petitioner must begin again with Section 8.5 of this appendix.

   The rezoning petition and Preliminary Development Plan shall be heard by the Plan Commission as a petition for an amendment to the official zoning map. After the conclusion of the public hearing, the Plan Commission shall forward the petition and the Preliminary Development Plan to the Town Council with one of the following recommendations: Favorable, Unfavorable, or No Recommendation.

   During the hearing process, the Plan Commission may require changes to the Preliminary Development Plan. Those changes may relate to the proposed site and may include, but are not limited to, drainage, lighting, streets and entrances, building locations, screening, signage, utilities, and landscape plans. In the event that the Plan Commission requires such changes, the petitioner shall either agree to the changes and revise the Preliminary Development Plan accordingly or withdraw the Preliminary Development Plan, which will require a new Preliminary Plan Hearing.

   If the Commission forwards the petition and Preliminary Development Plan to the Town Council, three sets of the full-size Preliminary Development Plan shall be stamped with the Plan Commission recommendation and signed by the President and Secretary of the Commission. Distribution of the plan sets shall be as follows: One set shall be certified to the Town Council, one set shall be retained by the Plan Commission, and one set shall be returned to the petitioner.

   The Waterloo Town Council may approve or deny the certified Preliminary Development Plan, but shall not have the authority to amend the Preliminary Development Plan. If adopted by the Town Council, the petitioner, in order to proceed, shall prepare and submit Final Detailed Plans.

   If the petitioner wishes to continue, the petitioner shall submit the Final Detailed Plans. A complete Final Detail Plans Submission shall contain the following:

   A.   Evidence that any conditions imposed at the hearing of the Plan Commission have been met.

   B.   A minimum of ten sets of drawings labeled Final Detailed Development Plan shall be submitted. The content of the submission shall contain all the elements of the Approved Preliminary Development Plan, plus full construction plans for all public improvements to be provided by the developer.

   C.   A minimum of two signed copies of any covenants and horizontal property agreements and owners association documents.

   D.   A release from the mortgage company, if any, covering the necessary right-of-way, where right-of-way is to be dedicated.

   E.   If one or more lots are being created, the petitioner shall provide ten copies and a reproducible Mylar of the signed, Secondary Subdivision Plat, prepared by a Registered Land Surveyor.

      The Zoning Administrator and representatives of the checkpoint agencies shall review the Final Detailed Plan. Improvement Location Permits shall not be issued, nor development activity begun, until the Zoning Administrator determines the final submission is complete, the checkpoint agency approvals are received in writing and the Zoning Administrator approves the Final Detailed Plan.

      If public improvements or improvements for common usage are to be installed by the petitioner, such improvements must be completed after approval of the Final Detailed Plan, but before work on the dwelling units commences. Otherwise, surety must be provided before an improvement location permit will be issued for a dwelling unit. Surety must be 10% of the cost of construction of the public or common improvement as determined by a qualified engineer or land surveyor. A planned unit development containing common facilities shall be provided with an owners’ association or other private organization responsible to and controlled by the property owners. This organization's purpose is to ensure adequate operation and maintenance of these common facilities. Recorded legal assurances shall be provided which show this organization to be self-perpetuating.

   The petitioner shall record the Final Detailed Plans, after approval by the Zoning Administrator, in the Office of the DeKalb County Recorder before any development, construction, earth moving activity, or application for improvement location permits shall occur.

   The petitioner may wish to make changes to the Approved Final Detailed Plans after recordation. The Zoning 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 Zoning Administrator shall be attached to the Amended Final Plans before recording. A major modification will require rezoning.

   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 substitution of species or redesign with the same materials; (6) any alteration in the size and/or location of signage; (7) any change in the alignment or intersection of streets; (8) or any change in restrictive covenants, or horizontal property ownership and owner's association documents regarding the items (1)-(7) above.

   The petitioner shall provide the Zoning Administrator an as-built survey locating buildings and common lot lines after the foundations are in place for all condominium or attached zero lot line projects. As-built drawings shall also be submitted for any sanitary sewers, storm sewers, drainage swales, retention or detention basins, water lines, and streets for which the Town of Waterloo will assume ownership, if any, after completion of the development, but prior to transfer of said ownership. The revised plan needs to be submitted to and approved by the Zoning Administrator and recorded as an As-Built Drawing of the Final Detailed Development Plans. If development occurs in phases, As-Built Drawings shall be submitted within 180 days of completion of public utilities and streets for each phase.

   Changes to restrictive covenants and any horizontal property ownership and owners 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 Zoning Administrator and the determination made as to whether the changes amount to a minor or major modification. The disposition of the minor or major modification shall be made as stated in 8.12 above.

   A.   No construction or installation work shall be done on any public improvements until the petitioner has, at least 48 hours in advance, notified the Zoning Administrator, and any affected utility, of his/her intention to begin such work, in order that inspections may be made as the work progresses. Inspections shall be at the developer's expense.

   B.   All development shall be in conformity with the approved and recorded Final Detailed Development Plan, and any material deviations from the approved and recorded Final Detailed Development Plan shall be subject to appropriate enforcement action as provided for in this appendix.

   A.   Extensions of the time for accomplishing any matters set forth herein may be granted by the Plan Commission at a public hearing for good cause shown.

   B.   Upon the 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 Final Detailed Development Plan for 24 consecutive months), or upon the expiration of five years from the approval of a Final Detailed Development Plan for a development which has not been completed, an amendment may be initiated by the Plan Commission, as provided by law, to the zoning map 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 the Plan Commission deems appropriate.

   The Plan Commission shall not initiate any amendments to the zoning map concerning the property involved in a Planned Development before completion of the development as long as the development is in conformity with the approved Final Detailed Planned Development and is proceeding in accordance with the time requirements imposed herein.

(Ord. 05-03, passed 7-12-05)