(A)   It is the intent of this district to foster innovative and diverse design in land development that is still consistent with both the adopted Comprehensive Plan and the intent of this chapter and Chapter 155 of this code. To achieve this, the Commission does not apply any provisions of §§ 156.110 through 156.330 of this code regarding setbacks, lot size, dwelling unit size, frontage, or minimum lot coverage. Instead, the Commission, assisted by staff and representatives of the Technical Advisory Committee, negotiates a specific development plan with the petitioner for PD zoning. The combined elements of this negotiated plan, rather than district regulations, then become the subject of the rezoning process. All restrictions and regulations for a specific planned development are thus contained within the approved and recorded plan itself, having been arrived at prior to rezoning. PD zoning may be applied to existing development or to open land, provided the area of the development or parcel is at least 20 acres in size.

   (B)   The Commission’s goal is to provide a widening variety of environmentally appropriate residential, commercial, and mixed use developments to meet the needs of this community. To help create attractive, healthful, efficient, and stable places to live, shop, and work, the Commission encourages use of PD zoning within the following contexts:

      (1)   To accommodate compatible development in environmentally sensitive locations;

      (2)   To enhance compatibility with surrounding land uses;

      (3)   To permit a harmonious variety of uses within a single development;

      (4)   To promote efficiency and thus economy by clustering structures and/or by using shared facilities or services; and

      (5)   To foster new site treatments not contemplated in other kinds of zoning districts.

   (C)   In administration of this subchapter, the following development requirements must be satisfied:

      (1)   Compliance with the Comprehensive Plan;

      (2)   Compatibility of the development with surrounding land uses;

      (3)   Availability and coordination of water, sanitary sewers, stormwater drainage, and other utilities;

      (4)   Management of traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community:

         (a)   The design and location of proposed street and highway access points are to minimize safety hazards and congestion;

         (b)   The capacity of adjacent streets and highways is to be sufficient to safely and efficiently accept traffic that will be generated by the new development;

         (c)   The entrances, streets, and internal traffic circulation facilities in the development plan are to be compatible with existing and planned streets and adjacent developments; and

         (d)   In the event a formal traffic study is required for the proper evaluation of this division (C)(4), the developer shall be responsible for all costs related to that traffic study.

      (5)   Building setback lines;

      (6)   Building coverage;

      (7)   Building separation;

      (8)   Vehicle and pedestrian circulation;

      (9)   Parking;

      (10)   Landscaping;

      (11)   Signage;

      (12)   Open space;

      (13)   Park land;

      (14)   Outdoor lighting; and

      (15)   Design standards as set forth in Chapter 155 of this code.

   (D)   If, in the interests of achieving the goals established in divisions (A) and (B) above, it is necessary to waive one or more of the development requirements set forth in division (C) above, then the development requirements in divisions (C)(5) through (C)(14), inclusive, may be relaxed or waived.

(Ord. 23, § 3.80.10, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998; Am. Ord. 23-A, passed 2-8-2022)

   (A)   A request to rezone from any other zoning classification to PD may be initiated by:

      (1)   All owners of the property in question; or

      (2)   Any group of owners united in interest, acting jointly in pursuance to an agreement to carry out the proposal in separate ownership.

   (B)   Because of the unified design of a planned development and because the combined elements of the negotiated plan are the substance of the district itself, this chapter requires that a request to reclassify from PD to PD shall include among the petitioners either:

      (1)   All owners of the property within the current planned development; or

      (2)   The owners’ association acting on behalf of a majority of property owners in the current planned development, as constituted in the recorded bylaws.

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

(Ord. 23, § 3.80.20, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)

   (A)   To identify the nature of planned developments on zoning maps, they shall be classified as one of these three districts:

      (1)   PDR, in which all buildings and land are developed for residential use and those activities customarily accessory to residential use;

      (2)   PDC, in which no buildings or land are developed for residential use, but rather for commercial uses allowed in C-1, C-2, or C-3 districts; or

      (3)   PDM, in which buildings and land are developed as a mix of both residential and commercial uses.

   (B)   Those PD districts and overlays approved prior to the adoption of this chapter shall be reclassified as one of the above three zoning categories.

(Ord. 23, § 3.80.30, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)

   (A)   Before submitting any of the materials required for a rezoning request to either PDR, PDC, or PDM, the petitioner shall arrange a meeting with staff and the appropriate administrative officer.

   (B)   The petitioner shall bring to this meeting a drawing or sketch of the proposed planned development that:

      (1)   Is at least approximately scaled;

      (2)   Includes the entire tract;

      (3)   Shows, in at least schematic detail, the location of proposed uses and major buildings, layout and classification of roads, all entrances and exits, proposed building types and densities, and any common open space;

      (4)   Proposes treatment of environmentally sensitive areas; and

      (5)   Indicates phasing and a time frame for development.

   (C)   Discussion at this meeting shall include:

      (1)   The intent and requirements of PD zoning;

      (2)   The petitioner’s intentions and objectives regarding land use, street improvements, utilities, and similar matters;

      (3)   The petitioner’s intentions assuring compatibility between uses proposed for the perimeter of the PD and surrounding land uses and zoning classifications;

      (4)   General availability of utilities to the site;

      (5)   The area’s current zoning pattern and all elements of the Comprehensive Plan;

      (6)   Specific materials and documents required in § 156.254 below to be included with the submission, and a list of checkpoint agencies to be involved;

      (7)   Classification of the proposed rezoning, as PDR, PDC, or PDM, as per § 156.252; and

      (8)   A proposed schedule for the rezoning process.

   (D)   The Commission discourages use of PD zoning as a way to circumvent the rezoning and/or subdivision process or to avoid requirements and standards found in Chapter 155 of this code and/or elsewhere in this chapter.

(Ord. 23, § 3.80.40, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)

   (A)   After a pre-submission meeting the petitioner may file a rezoning request to one of the PD classifications. The last working day of each month is the deadline for a petitioner to make a complete submission intended to be heard as a rezoning request no sooner than the Commission’s public meeting about one and one-half months later.

   (B)   This submission shall contain the following:

      (1)   A non-refundable processing fee as set by the Commission;

      (2)   A signed and notarized petition to rezone, with metes and bounds legal description, indicating the PD classification being sought, signed by the owner or owners of all property involved, or with a notarized affidavit of consent of all owners attached;

      (3)   A list of names, addresses, and auditor’s key numbers of all property owners located 300 feet adjacent to and directly across the street, alley, or railroad right-of-way from the property described in division (B)(2) above;

      (4)   One notice of public hearing, with a metes and bounds or other proper legal description and the common address or location of the property;

      (5)   A letter notifying the staff of the petitioner’s intent to submit notices of public hearings to the designated newspaper;

      (6)   A typed original and an amount of copies as determined by the Zoning Administrator, including a PDF submittal, of the proposed ordinance to rezone the property, using the sample format provided by the staff;

      (7)   Two sets of drawings, including a PDF submittal, labeled Draft Plan, using the format described in Chapter 155 of this code; to include a published and recorded boundary survey meeting the requirements of 865 I.A.C. 1 through 12 or its successor; and

      (8)   Two copies, including a PDF submittal, of any proposed covenants and horizontal property ownership and owners’ association documents, including amendment provisions that conform to § 156.263. These shall include a table of contents, and be written in plain language easily understood by most readers.

   (C)   List of Technical Advisory Committee (TAC) members:

      (1)   Zoning Administrator;

      (2)   Town Building Administrator;

      (3)   Town Engineer;

      (4)   Designee of Indiana American Water;

      (5)   Designee of the Winfield Sewer Board;

      (6)   Plan Commission Attorney;

      (7)   Three Members of the Plan Commission;

      (8)   County Highway Department;

      (9)   County Drainage Board (County Surveyor);

      (10)   Volunteer Fire Department;

      (11)   Any additional agencies as requested by staff;

      (12)   Soil and Water Conservation District; and

      (13)   Designee of town Stormwater Board.

   (D)   If the petitioner fails to meet the filing requirements of this section within six months of the pre- submission meeting date, the petitioner shall schedule a new pre-submission meeting, as per § 156.253 of this code, in order to continue the project.

(Ord. 23, § 3.80.50, passed 3-19-1997; Am. Ord. 191, passed 6-15-2010; Am. Ord. 23-A, passed 2-8-2022)

   (A)   The Commission’s staff shall determine if the petitioner’s submission is complete.

      (1)   If it is complete, written notices shall be sent to the petitioner, the petitioner’s representatives, the Technical Advisory Committee, and the staff, scheduling a required review meeting to be held at a date and time as determined by the Zoning Administrator.

      (2)   If the submission is found to be incomplete, the Technical Advisory Committee shall provide the petitioner feedback verbally, or in writing, during the TAC meeting.

   (B)   At the required review meeting, the staff and Technical Advisory Committee will have an opportunity to recommend revisions to the draft or preliminary plan submission and discuss them with the petitioner and petitioner’s representatives. Technical Advisory Committee members may provide written comments to the administrative official instead of being present.

(Ord. 23, § 3.80.60, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)

   (A)   The procedure for rezoning to a PD district shall be as established in § 156.375 of this code, regarding amendments. In the zoning petition, the petitioner shall state whether the zoning is sought for PDR, PDC, or PDM.

   (B)   In order for the Plan Commission and Town Council to best evaluate the petition in accordance with § 156.375(D), regarding deliberations, the petitioner should be advised that § 156.250, regarding intent, shall be an important part of the deliberations of these bodies.

(Ord. 23, § 3.80.70, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)

   (A)   Following rezoning to a PD classification, the petitioner shall submit a preliminary development plan reflecting the draft plan put forward during the rezoning process and any changes thereto. Following the required review meeting of § 156.255 above, the petitioner shall submit a preliminary plan no later than the last Wednesday of the month preceding the intended public hearing. A complete preliminary plan submission shall contain the following:

      (1)   Two copies, including a PDF submittal, of drawings, labeled Preliminary Plan, containing all the elements of the draft plan reflecting changes resulting from the required review;

      (2)   If dividing land, two copies, including a PDF submittal, of the preliminary plat, prepared by a registered land surveyor as per Chapter 155 of this code, included within the preliminary plans;

      (3)   Two copies, including a PDF submittal, of any covenants and horizontal property ownership and owners’ association documents, including amendment provisions that conform to § 156.263 of this code. These shall include a table of contents, and be written in plain language easily understood by most readers; and

      (4)   Two copies, including a PDF submittal, of sets of drawings, labeled Construction Plans, plus a full and detailed site analysis and proposed site plan, utilities plan, sign plan, and landscape plan, prepared in conformance with Chapter 155 of this code, for all public and private improvements to be installed by the developer.

   (B)   If the petitioner fails to meet the preliminary plan submission requirement within six months of the date of the required review meeting, his or her draft plan shall be void. If the petitioner wishes to continue with the project, he or she shall schedule a new pre-submission meeting, as per § 156.253.

(Ord. 23, § 3.80.80, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)

   (A)   The preliminary plan shall then be heard by the Commission in a public hearing. The petitioner shall provide notice following the procedures established in the Commission’s rules of procedure and this chapter. Upon hearing the request, the Commission may either approve, amend, or disapprove the preliminary plan.

   (B)   The Commission may impose reasonable conditions with its determination. Such items include, but are not limited to, being granted additional approval by another governmental agency such as the Drainage Board, or obtaining permission to attach to an existing utility.

   (C)   If the Commission requires changes in design regarding the proposed site, sign, utilities, or landscape plans, then the Commission shall vote to recommend amendment. Should this happen, the petitioner may resubmit a second preliminary plan, as per § 156.257 above, for a later rehearing by the Commission.

   (D)   If the Commission determines approval, disapproval, or amendment, a minimum of three sets of preliminary plans (including drawings, plats, and covenants) shall be stamped with that determination and signed by the President and Secretary of the Commission. The distribution of these sets shall be as follows:

      (1)   One set shall be permanently retained in the office of the Commission; and

      (2)   A minimum of two sets shall be returned to the petitioner.

(Ord. 23, § 3.80.90, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)

   (A)   Following a successful determination of the preliminary plan, the petitioner may file final detailed plans. The petitioner can neither seek location improvement permits nor begin any development activity until the Commission approves these final detailed plans and the petitioner records them. To be complete, final detailed plans shall have already been approved and signed by the appropriate administrative officer, any applicable sanitary sewer and water provider, public or private, the Superintendent of the County Highway Department, and the Director of the County Health Department, if applicable. Final detailed plans may be submitted for the entire project or any part of it.

   (B)   A complete PDR, PDC, or PDM final detailed plans submission shall contain the following:

      (1)   Evidence that any conditions imposed by the Commission at the time of its hearing have been met. If final detailed plans for only part of the project are being submitted, only those conditions bearing on that part need be met;

      (2)   An amount of copies as determined by the Zoning Administrator, including a PDF submittal, of sets of drawings, labeled Final Detailed Plans, consisting of all the elements of the approved preliminary plan, plus full construction plans, prepared in conformance with the requirements of Chapter 155 of this code, for all public improvements to be installed by the developer. The number of sets shall be determined by the staff;

      (3)   If dividing land, an amount of copies as determined by the Zoning Administrator, including a PDF submittal, and a reproducible mylar of the signed final plat, prepared by a registered land surveyor in conformance with Chapter 155, with a planned development dedication certificate appended;

      (4)   An amount of copies as determined by the Zoning Administrator, including a PDF submittal, of any covenants and horizontal property ownership and owners’ association documents. These documents shall include a table of contents, and be written in plain language to be easily understood by most readers; and

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

   (C)   If public improvements or improvements for common usage are to be installed by the petitioner, he or she shall either post bond for these improvements, or submit a certified check, or irrevocable letter of credit or certificate of deposit, as per Chapter 155. Improvements for common usage include landscaping, recreational components, utilities, and all other facilities either located in common areas or designated for common use.

   (D)   If the Commission finds the complete submission of final detailed plans to conform to the approved preliminary, the Commission shall conduct a finding of fact and adopt a resolution. After this resolution is adopted, the petitioner shall not submit an alternate or revised set of final detailed plans for the same legal description, except under the circumstance described in § 156.260(C) below.

   (E)   The adopted resolution shall be signed and dated by the President and Secretary of the Commission, and a copy shall be attached to the front of each set of approved final detailed plans.

   (F)   Adoption of a resolution shall neither constitute nor imply a participating jurisdiction’s acceptance of any street, easement, or park shown in final detailed plans. Acceptance is only that of real property itself. The Commission may require notes to this effect.

(Ord. 23, § 3.80.100, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022) Penalty, see § 156.999

   (A)   Before performing any development, construction, or earth moving activity, or applying for location improvement permits, or filing any required condominium documents, the petitioner shall record approved final detailed plans in the office of the County Recorder.

   (B)   Final detailed plans shall first be stamped and dated at the County Auditor’s office, with one set of plans given the County Auditor. The remaining sets of final detailed plans shall then be stamped, numbered, and recorded at the County Recorder’s office, and then distributed by the petitioner. The staff shall provide the petitioner a list of agencies to which the petitioner shall distribute sets of approved and recorded plans. The petitioner shall keep at least one set.

   (C)   If the petitioner fails to record final detailed plans for all or any part of the entire project within six months of the date of their approval, that approval expires. In order to continue, the petitioner then shall resubmit final detailed plans for approval, as per § 156.259 above.

   (D)   Any construction that does not fully comply with recorded final detailed plans will be subject to appropriate enforcement action as provided for in this chapter.

(Ord. 23, § 3.80.110, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022) Penalty, see § 156.999

   (A)   A property owner may wish to make changes to a PDR, PDC, or PDM project after final detailed plans have been recorded. If these changes are determined to generally conform to the approved preliminary planned development, and to constitute a minor modification only, then the changes shall be recorded as an amended final detailed plan, as per § 156.260 above.

      (1)   This written determination of conformance and minor modification shall be made and signed by the appropriate administrative officer, and attached to each copy of the amended final detailed plans before recording.

      (2)   A minor modification cannot include: any increase in residential density; any decrease in residential density of 10% or more; any major change in landscaping as determined by the Planning Administrator at their sole discretion other than substitution of species or redesign with the same materials; any change in type of land use; or any change in restrictive covenants, or horizontal property ownership and owners’ association documents regarding these items.

      (3)   Submission requirements and a timetable for seeking a determination of conformance and minor modification shall be set by each administrative officer.

      (4)   Changes beyond the scope of minor modification require rezoning.

   (B)   For any newly constructed condominium project or attached zero-lot-line project, the property owners shall provide exact measurements locating buildings and common lot lines after foundations have been put in place. The revised plat reflecting exact locations needs to be approved and signed by the appropriate administrative officer as amended final detailed plans, and recorded as per § 156.260.

(Ord. 23, § 3.80.120, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)

   (A)   Parts or phases of a planned development have been abandoned if ten years have passed since the date on which rezoning to PDR, PDC, or PDM was granted, and only final detailed plans for other parts or phases have been approved and recorded as per §§ 156.259 and 156.260 above, unless an extension has been granted by the Town Council, upon recommendation at a public meeting by the Plan Commission.

   (B)   An administrative officer cannot issue a location improvement permit for an abandoned planned development or an abandoned part or phase of a planned development. An abandoned planned development or abandoned part or phase shall be rezoned (and if to a PD classification, shall comply with § 156.260 above) before the property’s owner once more becomes eligible to receive a location improvement permit at that location.

   (C)   Neither the Commission nor any legislative body shall initiate a petition to rezone any PD zoned property unless it has either lapsed or been abandoned.

(Ord. 23, § 3.80.130, passed 3-19-1997; Am. Ord. 93, passed 7-17-2001; Am. Ord. 234, passed 5-13-2014; Am. Ord. 23-A, passed 2-8-2022) Penalty, see § 156.999

   (A)   To assure property owners that all aspects of a planned development remain in conformance with plans adopted by the legislative body at the time of rezoning, restrictive covenants and any horizontal property ownership and owners’ association documents can only be changed through the procedures detailed in § 156.261 above.

   (B)   These changes may be initiated only by a majority of property owners within the planned development. Multiple owners of a single property shall be considered a single owner. The developer shall be considered a single owner until all property is sold for purposes of this section only. Multiple lots owned by one person or entity will be considered one vote in total for purposes of this section only.

   (C)   The administrative officer may determine that these changes constitute a minor modification if they meet the requirements of § 156.261(A)(2) above. Changes to these documents which would alter design aspects of the project, or which are determined by the administrative officer to be beyond the scope of minor modification, require rezoning. Covenants and any horizontal property ownership and owners’ association documents must reflect the provisions of this section.

   (D)   A planned 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, which may include, but are not limited to, private streets, common areas, landscaping, and amenities such as a clubhouse, playground, pool, or tennis courts. Recorded legal assurance shall be provided which shows this or any organization to be self-perpetuating. The rules and procedures governing these associations or organizations shall have language included that allows the town to maintain common facilities after letter notice by the town to the organization that they are not in compliance. Any such costs and fees related to the town’s intervention shall be assessed to each property owner within the development on a pro rata/per- lot-owned basis.

   (E)   All streets and roadways not dedicated to nor accepted by a public agency, and all other common facilities not dedicated to the public, shall be operated and maintained at no expense to any governmental unit.

(Ord. 23, § 3.80.140, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)

   Surety requirements for planned developments shall comply with those requirements for surety specified in Chapter 155 of this code, including forms of surety, performance surety, maintenance surety, and administrative procedures for failure to complete improvements.

(Ord. 23, § 3.80.150, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)

   (A)   Appeals from a decision made by staff shall be by written appeal to the Plan Commission.

   (B)   A decision by the Town Council on a rezoning petition is a legislative act and as such is not subject to review by certiorari.

   (C)   A decision by the Plan Commission regarding a development plan is subject to review as outlined in I.C. 36-7-4-1016.

(Ord. 23, § 3.80.160, passed 3-19-1997; Am. Ord. 23-A, passed 2-8-2022)