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Home My Public Portal About1989-08ORDINANCE NO. 1989 -8 AN ORDINANCE AMENDING CHAPTER 823 OF ® THE GREENCASTLE PLANNING AND ZONING ORDINANCE (PLANNED UNIT DEVELOPMENT) 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 March 13, 1989, after timely notice of the hearing was given by publication in the Banner - Graphic Greencastle, Indiana, on March 3, 1989; and 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; and WHEREAS, the Greencastle Plan Commission has certified this ordinance to the Common Council with a recommendation by 4 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 -7 -4 -603 before acting on this ordinance; and 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 COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA: SECTION 1. That the City of Greencastle Planning and Zoning Ordinance, Chapter 823 of the City of Greencastle Code, is hereby amended to read as follows: e 1 n U CHAPTER 823 PLANNED UNIT DEVELOPMENT (PUD) 823 -5. Purpose The purpose of this Chapter is to provide for regulations regarding unique uses of land. 823 -10. Policy It shall be the policy of the City of Greencastle to promote progressive development of land and construction thereon by encouraging planned unit developments to achieve: A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks, and area requirements; B. A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services; C. A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns; 0 D. A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; E. A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive plan. 823 -15. Planned Unit Development Restrictions Whenever there is a conflict or difference between the Provisions of this chapter and those of the other Chapters of this ordinance, the provisions of this chapter shall prevail. Subjects not covered by this Chapter shall be governed by the respective provisions found elsewhere in this ordinance. A planned unit development shall conform to the following: A. The number of dwelling units erected shall not exceed the number permitted by the regulations of the district in which it is located unless a density increase is permitted. B. All uses that may be allowed within the land use district may be permitted within a PUD. C. Up to ten (10) percent of the gross land area in a Residential District may be directed to commercial, n 0 industrial, public and quasi - public uses that are not allowed within the land use district, provided there is a favorable finding by the Plan commission: 1. That the uses permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of residential development. 2. That the uses are not of such nature or so located as to exercise a detrimental influence on the development nor on the surrounding neighborhood. 3. That the uses are intended to serve principally the residents of the PUD. O 4. That the uses are planned as an integral part of the PUD. 5. That 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. 6. Where the PUD is to be located in a Residential District, no non - residential uses shall be allowed unless the size of the PUD exceeds twenty -five (25) acres. D. A minimum parcel area of five (5) acres is required for the PUD. E. There shall be at least ten (10) percent of the land area in the development provided for park and recreational purposes which shall not be covered by buildings, parking lots, driveways or streets. No more than fifty (50) percent of this useable open space shall be covered by water. F. If any open space or recreational facility is to be used solely by the residents of the project, adequate provisions shall be made for assessments against the property within the project so that such facilities can be properly maintained and operated. G. All utilities, including communication and electric systems, shall be placed underground within the limits of the development. Appurtenances to these ® systems which can be effectively screened may be excepted. H. The design and designation of private streets shall be subject to the approval of the Plan commission I. There shall be established a Home owner's 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. J. The development plan shall include a common water supply and distribution system, either public or private, which shall meet the approval of both the E 0 Plan Commission and the local health official, and shall be built at no expense to the local government. K. The development plan shall include a sanitary sewer system connected to a public sewer system, if available within a reasonable distance from the project, or it shall provide for a central collection and treatment system in accordance with the requirements of both the Plan Commission and the local health official. • L. The plan of the project shall provide for the integrated and harmonious design of buildings in commercial and industrial areas and the parcels shall be developed in parklike surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading ares and other such features from the adjoining and surrounding residential areas. A minimum parcel of twenty -five (25) acres is required for such development. 823 -20. Increased Residential Density To provide for an incentive for a quality PUD, the Plan Commission may authorize an increased residential density of n LJ E up to twenty (20) percent of the allowable number of dwelling units. In allowing for density increases the Commission shall be guided by the following criteria: A. Usable open space provided equals or exceeds twenty (20) percent -- a maximum increase of five (5) percent. B. Dedication or donation of sites for public purposes such as schools, parks, and public buildings -- a maximum increase of five (5) percent. In the event that the dedicated area equals or exceeds twenty - O five (25) percent of the total development area or thirty (30) acres, the full five (5) percentage points shall be allowed. C. Landscape planting and screening and site planning -- a maximum increase of four (4) percent. D. Traffic and parking facilities design -- a maximum increase of three (3) percent. E. Community facilities and amenities (trails, tennis courts, club houses, lakes, plazas, fountains, etc.) -- a maximum increase of three (3) percent. u 823 -25. Procedure for Approval of a PUD A. Generally, the procedure for subdivision plat approval shall be followed, with the following exceptions: 1. The applicant shall submit a preliminary site plan in triplicate to the Plan Commission, which includes, but is not restricted to the following information: a. Location and boundaries of tract to be developed, showing the general layout of streets and the existing and proposed zoning of all areas. C , J b. Tentative placement of all improvements on the site, showing how recommendations of this ordinance have been utilized. C. General proposals on densities on both residential and other uses. (To allow for sufficient flexibility, the Commission may allow minor shifts in use locations and densities, provided however, that the general overall plan is adhered to). d. Proposed schedule for the development of the site. B. The Plan Commission shall give notice of acceptance or rejection of the proposal within sixty (60) days. Reasons for rejection along with suggestions for revisions shall be given in writing. The developer C 0 may resubmit plans after the suggested corrections or additions are made. C. The developer shall submit a final site plan. D. The Plan Commission shall give notice of acceptance or rejection of the final proposal within sixty (60) days. Reasons for further rejection shall be given in writing. Developer may re- submit plans after correction. E. Upon final approval by the Plan Commission, the proposal shall be submitted to the Common Council • for adoption into ordinance. • SECTION 2. This ordinance shall take effect immediately upon 0 passage. THIS ORDINANCE was passed and adopted this 14th day of March, 1989. A TTEST: iid th Berry; L .l rk- Treasurer i Michael M. Harmless, Presiding Officer Presented by me to the Mayor of Greencastle, Indiana, this 14th day of March, 1989, at 16 o'clock, �'.m. 4L Ju ith Ber C1 rk- Treasurer Approved and signed by me this 14th day of March, 1989, at /j;;,SS o'clock, M. Michael. M. Harmless Mayor ATTEST: Jj)1di h Berry, d 0