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Home My Public Portal About2000-20 Planning and ZoningORDINANCE NO. 2000 -f AN ORDINANCE AMENDING THE GREENCASTLE PLANNING AND ZONING ORDINANCE ® Planned Unit Development District 'WHEREAS, the Plan Commission of the City of Greencastle, has initiated and prepared this ordinance to amend the Greencastle Planning and Zoning Ordinance; WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on July 24, 2000, after timely notice of the hearing was given by publication in the Banner - Grap hic, Greencastle, Indiana, on July 14, 2000; WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36 -7 -4 -603 in consideration of the ordinance and determination of a recommendation made to the Common Council; WFIEREAS, the Greencastle Plan Commission has certified this ordinance to the Common Council with a recommendation by a majority vote in favor of adoption; and WHEREAS, the Common Council has considered the recommendation of the Greencastle Plan Commission and has paid reasonable regard to the factors enumerated in IC- 36 -8 -4 -603 before acting on this ordinance; WHEREAS, the Common Council has determined that this ordinance should be adopted without amendment as certified by the Greencastle Plan Commission. Therefore, BE IT ORDAINED AND ADOPTED BY THE COA4MON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA: That the City of Greencastle Planning and Zoning Ordinance, Chapter 10, Sections 10 -170 through 10 -176 of the City of Greencastle Code, are hereby amended by deleting the existing provisions and substituting the following: SECTION 10 -170 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) Sections 10 -170 Purpose 10 -171 Permitted Uses and Requirements 10 -172 Planned Unit Development District Submittal Procedure 10 -173 Planned Unit Development District Approval 10 -174 Planned Unit Development District Implementation ® 10 -175 Issuance and Revocation of Permits 10 -176 Modifications to Approved Final Site Plans 1. 10 -170 Purpose The Planned Unit Development (PUD) District is designed to encourage quality land development and site design without the use of typical zoning standards. The purpose of this Section is to 0 improve and protect the public health, safety, and welfare by pursuing the following objectives. A. To ensure that future development which occurs is in accordance with the Comprehensive Plan. B. To encourage innovations in land development and redevelopment. C. To foster the safe, efficient, and economic use of the land, transportation, public facilities, and services. D. To facilitate the provision of adequate public services such as transportation, water, sewer, storm, drainage, electricity, telecommunications, and public parks. E. To avoid the inappropriate development of lands and provide for adequate drainage and reduction of flood damage. F. To encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation. G. To minimize adverse environmental impacts of development. H. To improve the design, quality, and character of new development. I. To foster a more rational pattern of relationship between residential, business, and industrial uses. J. To protect existing neighborhoods from harmful encroachment by intrusive or disruptive development. 10 -171 Permitted Uses and Requirements A. Permitted Uses An applicant for a Planned Unit Development District may propose any type or combination of uses allowed under the Zoning Ordinance for consideration in their request. However, any use or combination of uses proposed for the district shall not adversely affect adjacent property, and /or the public health, safety, and general welfare and /or the provisions of the adopted Comprehensive Plan. B. Requirements ® 1. Unified design. The tract of land submitted for PUD development must be developed as a single design entity even though it may be developed in phases or contain a wide variety of uses and activities otherwise not necessarily compatible with one another. 2. 2. Control. Entire tract must be under single control. All land in the tract submitted as the PUD application must be under the control of the applicant. The narrative text that accompanies the preliminary plan must demonstrate that this control will be workable throughout the PUD development period. ® 3. Size. There is no minimum district size required for a Planned Unit Development 10 -172 Planned Unit Development (PUD) District Application Procedure Petitioner shall submit to the Planning Office by the filing date specified by the Plan Commission: 1. A completed application for a PUD District zoning map amendment; 2. A general site plan, including but not limited to: property boundaries, existing natural features on or adjacent to the site, general street layout, proposed uses, individual parcels, setbacks and /or buffers from adjoining properties, and a general on -site drainage plan. Fifteen (15) copies should be submitted for distribution to staff and Plan Commission members; 3. Written documentation explaining the nature and purpose of the PUD and providing supplemental information for the site plan, including any restrictive covenants; and 4. A draft PUD District Ordinance expressing in detailed terms the development requirements that apply. The Planning Office may require submission of additional information deemed necessary for consideration of the PUD. 10 -173 Planned Unit Development District Approval A. Plan Commission An application for a PUD shall be filed as a petition for an amendment to the zoning map of the City of Greencastle Zoning Ordinance as provided by IC 36 -7 -4 -603. Following a public hearing, the Plan Commission shall recommend denial, approval as submitted, or approval with modifications and/or conditions it may deem necessary. When recommending adoption of a PUD ordinance to the City Council, the Plan Commission or Planning staff, as appropriate, may recommend that the Common Council: 1. Impose reasonable conditions on a proposed PUD. 2. Condition approval on the furnishing of a bond or satisfactory written assurance guaranteeing the timely completion of any proposed public improvements. 3. Allow or require the property owner to make a written commitment. L'J 3. B. Common Council The PUD ordinance, site plan, and supporting written documentation, along With the Plan Commission recommendation, are forwarded to the.Common Council. Action by the Common Council shall be in accordance with IC 36 -7 -4 -603. When adopting or amending a PUD ordinance S the Common Council may: 1. Impose reasonable conditions on a proposed PUD. 2. Condition approval on the furnishing of a bond or satisfactory written assurance guaranteeing the timely completion of any proposed public improvements. 3. Allow or require the property owner to make a written commitment. 10 -174 Planned Unit Development District Implementation If approved, with or without conditions, the PUD shall be implemented as follows: A. The procedure for platting a parcel of real property that is zoned as a planned unit development district is the same as the procedure for platting a subdivision under IC 36 -7 -4 -700, et seq. After approval of the zoning map amendment establishing the PUD district by the Common Council, the developer of the property is required to follow the applicable procedures for platting a Major Subdivision found within the City of Greencastle Subdivision Ordinance. All PUD's approved by the Common Council must submit a final site plan for the PUD or individual parcel site plans for multiple site PUD's to the Plan Commission for final approval within the time ® frame specified in the PUD ordinance. The application packet must include the following: 1. A detailed site plan including: a. Proposed dimensional layout to scale of any streets, buildings, building elevations (if available), open space, lots, parking areas, signage, on -site drainage, landscaping, and other elements basic to the development; and b. Proposed locations, densities, and types of uses within the area of the development. 2. Any written documentation providing supplemental information for the site plan, including any restrictive covenants. The Planning Office may require submission of additional information deemed necessary for consideration of the PUD. B. The Plan Commission shall conduct all required public hearings on the final site plan and provide all required notification to interested parties. Following the hearing, the Commission may ® approve the site plan as submitted or with modifications and /or conditions as it deems necessary. In making its decision, the Plan Commission must take into consideration requirements or 9 conditions specified in the original PUD ordinance. When approving a final site plan or modification of a final site plan, the Plan Commission or planning staff, as appropriate, may: 1. Impose reasonable conditions on a proposed PUD. ® 2. Condition final site plan approval on the furnishing of a bond or satisfactory written assurance guaranteeing the timely completion of any proposed public improvements. 3. Allow or require the property owner to make a written commitment. 10 -175 Issuance and Revocation of Permits A. Issuance of Permits Permits and construction of the PUD or portion of the PUD shall be in compliance with the approved final site plan and all City ordinances and regulations not modified by the PUD. B. Revocation of Permits Failure to conform to the provisions of the PUD may result in a Stop Work Order being issued and shall require the developer to show just cause at a public hearing conducted by the Plan Commission why such permits issued for the PUD should not be revoked. 10 -176 Modifications to Approved Final Site Plans A. Minor Modifications 1. Modifications, such as minor relocation of a building, parking lot, or other site element, due to unforeseen site conditions, can be reviewed and approved by the City Engineer. An adverse decision by the City Engineer may be appealed to the Plan Commission as set forth below. 2. All other modifications, except those deemed major as defined in 10 -176 B. below shall be presented in writing to the Plan Connnission. The Commission shall review and reject or approve the proposed changes without a public hearing. B. Major Modifications Proposed changes to an approved PUD final site plan which: 1. Change the land area of the PUD, 2. Change the density of use of the PUD; 3. Allow a use previously not permitted in the PUD; or 4. Constitute a change which, in the sole discretion of the Plan Commission, should be considered by the Common Council as a new proposed development; 5. shall be deemed a new application for approval of a Planned Unit Development and shall follow the procedures previously set forth in this Section. lJ C Pre ented by me to the Mayor of Greencastle, Indiana, thls day of `b 2000, o'clock, .m. Pamm Jones, Clerk- Treasurer This ordinance takes effect upon passage. The Clerk - Treasurer of the City of Greencastle is ordered to have this ordinance published by inserting a copy of the ordinance in each of the two (2) sets of the City of Greencastle Code maintained on file for public inspection in the office of the Clerk- Treasurer. THIS ORDINANCE was assed and adopted this % ` r da of �� _., P" P Y % i ��% 2000. 1 Nancy Mi hael Presiding fficer ATTEST: Pamm Jones Clerk- Treasurer Approved O'clock, 1 'i .m. I T — and signed by me this �day Of , 2000, at G A(TTES'T Pan Jones Clerk - Treasurer SYATOPSIS Nancy Mi hael Presiding fficer This Ordinance amends the Greencastle Planning and Zoning Ordinance, Chapter 10, Sections 10 -170 through 110 -176 by deleting existing language and inserting a new section setling forth the procedure and requirements ® for Planned Unit Development (PUD) Districts. 6. GREENCASI'LE CITY PLAN COMMISSION DOCKET NO. 2000- CERTIFICATION OF PLAN COMIIUSSION AN ORDINANCE AMENDING THE GREENCAST.LE • PLANNING AND ZONING ORDINANCE Planned Unit Development District WHEREAS, the Plan Commission of the City of Greencastle, initiated and prepared the attached ordinance to amend the Greencastle Planning and Zoning Ordinance; WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on July 24, 2000, after timely notice of the hearing was given by publication in the Banner- Graohio Greencastle, Indiana on July 10, 2000; WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following factors enumerated in IC 36 -7 -4 -603 in consideration of the ordinance and determination of a recommendation to be made to the Common Council: I. the comprehensive plan; . 2. current conditions and the character of current structures and uses in each district; 3. the most desirable use for which the land in each district is adapted; 4. the conservation of property values throughout thejmisdiction; and 5. responsible growth and development. WHEREAS, the Greencastle Plan Connnission certifies this ordinance to the Common Council with a favorable recommendation, subject to the conditions or commitments attached hereto and/or stated in the minutes of the Plan Commission, and incorporated herein and made a part of this certification. Dated this 24th day of July, 2000. GREENCASTLE CITY PLAIN' COMMISSION BY: ' 9r-- - J C Presiding Officer ATTES ® ecre � //