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HomeMy Public PortalAbout028-2000 - General Ordinance - Amends Chapter 154 of the City Code (PUD's)ORDINANCE NO. 28-2000 AN GENERAL ORDINANCE AMENDING CHAPTER 154 OF THE CITY OF CODE REGARDING PLANNED UNIT DEVELOPMENT DISTRICTS AND DEVELOPMENT PLAN DISTRICTS WHEREAS, the City of Richmond has previously adopted Section 154.45 regarding development unit projects, which section and definitions therein were controlled by prior Indiana law; and WHEREAS, Indiana law has been amended thereby requiring changes to Section 154.45; and WHEREAS, current Indiana law now allows a municipality to create zoning areas known as Planned Unit Development (PUD) Districts, which will not be subject to the same requirements, including development standards, of current zoning districts, but will allow various uses and flexible requirements for each PUD District; and WHEREAS, current Indiana law now also allows a municipality to create zoning areas known as Development Plan (DP) Districts, in which the Planning Commission must approve all Development Plans for any building or construction which occurs in such Districts; and WHEREAS, it is the desire of Council to utilize new Indiana law and amend Section 154.45 to allow the possibility of creating PUD and/or DP Districts. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana that current Section 154.45 of the City Code be repealed and replaced with the following: 154.45 PLANNED UNIT DEVELOPMENT DISTRICTS AND DEVELOPENT PLAN DISTRICTS 154.45.00 CREATION AND PURPOSE A Planned Unit Development District is hereby established as an overlay zoning classification. Such District shall not stand by itself, but shall be combined with an existing District. Land hereafter zoned “Planned Unit Development District” shall bear the map designation of “PUD” along with the applicable symbol of the existing zoning classification. A Development Plan District is hereby established as a zoning classification. Land hereafter-zoned “development Plan District” shall bear the map designation of “DP”. It is the intent of PUD District to provide land use and design regulations through the use of individual performance criteria so that small-to-large scale neighborhoods or portions thereof, may be developed with a combination or variety of residential and non-residential uses, which are planned and developed as a unit. It is the intent of a DP District to provide limited areas wherein review and approval of a development plan is required by the Plan Commission to ensure that all proposed development will be compatible with surrounding property and that there will de adequate infrastructure to serve the development. This section specifically encourages innovations so that the growing demand for housing may be met by a greater variety of type, design, and placement of dwellings through the conservation and more efficient use of land. This section also encourages the conservation and more efficient use of the land for non-residential development. This section recognizes that a rigid set of space requirements, along with building and use specifications, would frustrate the application of this concept. Therefore, where PUD techniques are deemed appropriate, land may be designated as a PUD Zoning District. When an area is so designated, the use and dimensional specifications elsewhere in the Zoning Code are replaced by an approval process in which an approved development plan as allowed in IC 36-7-4-1500ET.seq., becomes the basis for continuing land use control. It should be noted that it is not the intent to solely utilize PUD zoning as a way top circumvent and/or avoid current rezoning process and/or requirements and standards found elsewhere in this code. 154.45.01 OBJECTIVES To carry out the intent of this Section, a PUD should provide: A choice in the types of environment, occupancy tenure, types of housing, types of ownership, and community facilities available to existing and potential residents. Usable open space and recreation areas to include multi-use pedestrian trails when warranted. Convenience in the location of accessory commercial and service areas. Preservation of natural topographical and geological features with emphasis on: prevention of soil erosion; conservation of existing surface and subsurface water; and preservation of tree cover and other environmentally enhancing features. An efficient network of streets and utilities. The development of a land use pattern in harmony with the objectives of the City’s Comprehensive Plan. A more efficient utilization of the land than might be obtained through other development procedures. 154.45.02 DEFINITIONS As used in this section, the following words shall mean: “COMMON OPEN SPACE “ – An area within a PUD designed and intended for the use or enjoyment of all residents of the development or for use and enjoyment of the general public. “LIMITED COMMON OPEN SPACE” – An area within a PUD designed and intended for the use and enjoyment of only the residents of the development. “CONCEPT PLAN” – A plan for the development of an entire parcel of land, drawn to scale, that generally indicates densities, uses and infrastructure locations including open space – common and limited common and which expresses in general the development requirements which apply. “DEVELOPMENT PLAN” – A specific plan for the development of real property which includes a site plan; contains the plan documentation and supporting information required by the section; and satisfies the development requirements specified in the section. “OPEN SPCAE” – Any parcel of area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment. Such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. “PLANNED UNIT DEVELOPMENT (PUD) – The development of a parcel or area of land as a single entity for a number of dwelling units or a mixture of uses conforming to an approved Development Plan, which may or may not correspond in lot size, bulk, or density, lot acreage or other developmental standards to the extent otherwise required in the existing zoning district. “PRIMARY PLAT APROVAL” – The conferral of certain rights pursuant to IC 36-7-4-701 through 708 prior to Secondary Plat approval after specific elements of the Development Plan have been agreed upon by the Plan Commission and the City Council. “SECONDARY PLAT APPROVAL” – The official action of the Plan Commission taken after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion or approval conditioned on the posting f such guarantees within 60 days of Secondary Plat approval. See IC 36-7-4-709 through 711. “SITE PLAN” – A site development plan of the entire PUD which delineates: the existing and proposed topography of the lots, the location of all existing and proposed buildings, parking spaces, means of ingress and egress, drainage plans and structures, utility easements, landscaping, structures and signs, lighting, screening devices, and any other information that may be reasonably required in order to make an informed determination. 154.45.03 GENERAL PROCESS FOR DEVELOPMENT OF A PUD A property owner who wished to establish a PUD district upon its property to a PUD district, upon its property (hereinafter “Developer”) shall comply with the following procedures: Developer shall file a petition for rezoning of its property to a PUD District, along with a concept plan and draft of a development plan for a PUD with the Planning Department on forms provided by the Planning Department. A Planning Staff Review shall be scheduled for the concept plan and suggestions or changes may be added by the staff. The petition for rezoning and the concept plan shall be presented to the Plan Commission for recommendation in a properly advertised public hearing pursuant to IC 5-3-1. The Plan Commission may adopt the plans after review; request possible, modification; and make a recommendation to Council regarding the concept plan, and the request that the land parcel be rezoned PUD. Upon approval, A PUD District ordinance shall be proposed at this time. Common Council shall consider and vote on the PUD District ordinance, which will include the concept plan, and any other general requirement adopted by Council, which will also be attached as an exhibit. The draft development plans with any Written Commitments or changes are attached as an exhibit. If the PUD District ordinance is approved by Council, Developer shall file a Primary Plat and Development Plan with the Planning Department, which document shall be scheduled and properly advertised for public hearing before the Plan Commission. In conjunction herewith, pursuant to I.C. 36-7-4-1511. Authority to conduct secondary review of a PUD district ordinance under IC 36-7-4-1509 (c). Authority to modify permitted uses or development requirements that are specified in a PUD district ordinance. The Plan Commission shall hold a public hearing on the Primary Plat and secondary review of the Development Plan and PUD District ordinance. The Primary Plat and Development Plan shall be considered and either approved or denied by the Plan Commission, as submitted or with required changes. Upon approval of the Development Plan, the Secondary Plat shall be filed with the Planning Department including all final engineering calculations. The Secondary Plat shall be considered and approved by the Plan Commission, and upon approval the plat and development plan shall be recorded by the developer. The developer shall return a copy of the recorded plat to the Planning Department. If a PUD is abandoned for longer than 18 months, “meaning no activity is taking place on a site including marketing of parcel”, the Development Plan may be revoked by Planning Commission action. Notwithstanding such revocation, the PUD shall remain in place, unless the Commission initiates a rezoning petition to the prior zoning category. 154.45.04 USES All land uses shall be specified in the Development Plan. 154.45.05 GENERAL REQUIREMENTS For all Planned Unit Devel0pments there shall be no minimum acreage required. A public road shall not be deemed necessary to divide acreage. No building shall be closer than 25 feet to any lot line dividing land inside the PUD from land zoned or used as residential outside the PUD. Site and structure regulations for PUDs shall adhere to the following regulations: Lot sizes, dimensions, structure heights, and locations may be freely arranged in conformity to the overall density standards recommended by the Plan Commission or stated in this Section. Minimum lot size and frontage, and maximum lot coverage are not specified. The Plan Commission shall be guided by good planning practice and the purposes of this type of development. A minimum of 50-foot front yard setback shall be provided on any highway or thoroughfare designated as arterial or collector on the “Federal Aid Urban Map” and provisions of Ordinance 8-1994 shall be adhered to in providing a landscaping plan and are considered a minimum standard. Every residential dwelling unit, commercial, or industrial complex or building shall have access to a public street, court, cul-de-sac, walkway, or other area dedicated to public use. The boundaries and extent of the lot or plot upon which any structure is located shall be clearly defined and monuments placed before the property is sold to the public. All open spaces between structures shall be protected, where necessary, by fully recorded covenants running with the land. Dedicated streets or highways shall be subject to all other municipal standards. Right-of-way and pavement widths for internal ways, streets, and alleys serving single unit attached or detached dwelling, multiple-family dwellings, townhouse clusters, and commercial industrial developments shall be determined from sound planning and engineering standards in conformity with the following: Estimated needs of the full development proposed and the traffic to be generated, and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire fighting equipment and other emergency vehicles. In such instance, other provisions of this ordinance shall not apply but may serve as general guides to the Plan Commission in approving the development plans. In any event, internal roads shall not be less than 24 feet in width back to back of curb, and pavement widths for internal ways and walks shall not be less than 4 feet. Service ways for public service facilities (vehicular) shall not be less than 12 feet in width with no vehicle parking allowed on either side. Utilities. A developer of a PUD shall furnish water and sanitary sewage facilities based on agreement with the appropriate municipal officials and private utilities. The developer shall provide all necessary storm drainage, highway access, paved service streets, parking facilities, fire hydrants, street lighting and other public improvements deemed necessary by the Plan Commission and Council, and shall make reasonable provision for service to the connections with adjoining properties in other ownership by extending easements to their property boundary. In the event that street lighting is not required by the Commission or Council, the developer shall install conduit to the specifications set forth by Richmond Power and Light for the eventual installation of lighting. The developer shall provide open space/recreation area, in every instance, in a manner consistent with good planning practice based on the individual characteristics present in each Planned Unit Development. The open space/recreational area shall be maintained by the developer or property owners association. All PUDs designated by a Development Plan as a Mixed Use PUD shall be in compliance with the following: The minimum area, dimensions and setbacks of individual buildings on interior lots may be reduced. All PUDs shall provide a 10-foot landscaped greenbelt around the perimeter of the entire development excluding streets, sidewalks, and drives. This greenbelt shall NOT be considered part of the required open space. 154.45.06.01 RESIDENTIAL PUDS All PUDs designated by its Development Plan as a residential PUD shall be in compliance with th4 following regulations: If a residential PUD is greater than 25 acres, the site plan may include a parcel of land designated for commercial use that is not more than 10% of the total gross development. The types of commercial uses shall be determined and specified as part of the Development Plan. All changes of use after the Development Plan approval shall be reviewed and approved by the Common Council. No commercial building shall be built until 50% of the residential buildings are completed. Minimum area of lots and dimensions and setbacks of individual buildings on lots shall be controlled under the provisions of 154.45.05 (c) 154.45.06.02COMMERCIAL PUDS All Commercial PUDs shall be in compliance with the following regulations: All Commercial PUDs abutting a residential district shall provide a minimum 25-foot planted greenbelt along the entire width of the shared boundary. All Commercial PUDs shall prov8de a 10-foot planted greenbelt around the perimeter of the entire development excluding streets, sidewalks, and drives. This greenbelt shall NOT be considered part of the required open space. A maximum of 10% of the total Commercial PUD may be used for residential uses. Compatibility shall be determined as part of the PUD Development Plan. 154.45.06.03 INDUSTRIAL PUDS All Industrial PUDs shall be in compliance with the following regulations: A minimum of 20-foot planted greenbelt shall be provided around the entire perimeter excluding drives, streets and sidewalks. This greenbelt shall NOT be part of the required open space. A maximum of 30% of the total area can be used for commercial uses. 154.45.07 VARIANCES A requested variance to any specific regulation within this section shall be submitted as a part of the Development Plan. Variances shall be determined acceptable if the Plan Commission finds: The general requirements of this section would cause unnecessary hardship or practical difficulties because of exceptional and unique topography, access, location, shape, size, drainage or other physical features of the site; or That due to the size, shape, location, permitted use, or uniqueness of the development, a variance would constitute good planning, and would not unreasonably affect the public health, safety, morals or welfare, or the rights of adjacent property owners. All variances adopted by the Plan Commission based on the above findings, shall be part of the approved Development plan, and may include conditions imposed by the plan Commission to substantially secure objectives of this ordinance. For variances requested after the Secondary Plat and/or Development Plan has been approved, 154.45.12 shall apply. All approved variances shall be recorded on the plat. 154.45.08 CONCEPT PLAN AND DEVELOPMENT PLAN PROCEDURES PUD developers shall present a complete concept plan and development plan to the planning staff at least one month before the respective public hearings of the Plan Commission. The planning staff shall review both and advertise the hearing date before the Planning Commission. The Plan Commission shall, if all issues are resolved, make a recommendation on the concept plan to the Council. A proposed Primary Plat for a PUD shall be filed with the Planning Department as part of the Development Plan. The petition shall include a list of all property owners within 300 feet of the PUD, and a legal description of the PUD. At least a month before the Plan Commission public hearing for the development plan, the PUD developer shall present to the planning staff a Primary Plat and final Development Plan. The Planning Department will set a public hearing for the Plan Commission. The Plan Commission shall within 45 days of the completed pubic hearing approve or deny the Primary Plat with “Findings of Fact”. If the Plan Commission approves the Primary Plat, Development Plan, and PUD Finds of Fact, the developer can then present a Secondary Plat. If the Plan Commission denies the Primary Plat or the Development Plan, it must specify reasons in a “Findings of Fact” statement. The Plan Commission may recommend further study of the site and/or development plan and resubmission at a later date. Approval of a Primary Plat does not obligate the Plan Commission to approve a Secondary Plat. An approved Development Plan Primary Plat is valid for two years. If no Secondary Plat is approved within the two years, the PUD developer must appear before the Plan Commission and request an extension. The Plan Commission may approve or deny the extension. Note: Unlike a PUD Development plan no Secondary Plat means no action is being taken at all on the development. 154.45.09 DEVELOPMENT PLAN CONTENT All PUD Development Plans shall contain the following information: name and address of applicant, developer and owner parcel location map existing topographic features of the site at two foot intervals location and ownership of proposed open spaces delineation of all uses and area in acres of each use total number of residential units and percent of each type of residential uses delineation of each commercial and/or industrial use, and total number of such units and percent allocated to these uses density percentages of every residential use based on gross acres delineation of all areas subject to flooding including date on frequency and extent. delineation of all areas that lie in an aircraft flight pattern delineation of all easements, right-of-ways, covenants or any other restrictions imposed upon the land or buildings proposed easements for utilities, pavements, sidewalks, alleys, and parking, including widths as well as provisions for multi use pedestrian trails when warranted. general description of community services available to the development’s residents including schools, fire protection, parks and all public/private utilities general statement on proposed tenure of ownership and maintenance of common open space proposed construction schedule adjacent land uses, topography, and all existing streets and driveways on the perimeter of the PUD 154.45.10 SECONDARY PLAT CONTENT AND PROCEDURES A PUD Secondary Plat of all or part of a PUD Primary Plat can be filed with the Planning Department any time after the Plan Commission approves a Primary Plat. The Secondary Plat will be placed on a Plan Commission agenda. It does not require a pubic hearing. The Plan Commission shall have a maximum of 60 days to approve or deny a Secondary Plat. Approval of a Secondary lat does not authorize construction unless construction plans and any necessary surety have also been approved. The recording of the approved Secondary Plat shall inform all whom deal with the PUD of the restrictions placed on the land and act as a zoning control device. Content of a PUD Secondary Plat. All PUD Secondary Plats shall contain: final uses delineated and suitable for recording all subdivided lands delineated as required for all subdivisions number for each lot and common open space street names that have been approved by the planning staff after consultation with other emergency and 911 personnel location and dimensions of all building lots, permanent common open space, easements and right-of-ways reference to protective covenants and final total of: acres, building sites by use, and density of each use other information as required in the Subdivision Ordinance complete drainage plans At the same time a Secondary Plat is presented, a PUD developer also shall provide: Three (3) copies of engineering plans that are drawn to scale and include all easements and buildable plans for all infrastructure, prepared and signed by an Indiana Licensed engineer, architect or land surveyor. An affidavit guaranteeing the completion of all public infrastructure. The guarantee may be in the form of a developer’s bond of one and one-half times the amount of the estimated cost of all public improvements yet to be completed; or cash in the amount of one and one-half times the estimated cost of all pubic improvements yet to be completed; or a lien to be recorded on all the land proposed to be a part of the PUD, with partial releases possible after the lending institution and the City agree on the estimated cost of all public improvements yet to be completed and the lending institution agrees to hold in escrow one and one-half times the estimated cost; or deposits with the City of other agreed upon collateral equivalent to one and one-half times the estimated uncompleted public improvements cost. Letter of Credit from a financial institution, which can be forfeited if the developer defaults on installation of infrastructure. The construction plans for any public improvement and any necessary surety must be approved prior to recording the Secondary Plat. 154.45.11 FINDINGS OF FACT The following form will be used for all PUD Development Plan approval or denial by the Plan Commission. The Richmond Advisory Plan Commission now makes the following findings of fact in support of its approval/denial of the following petition for a Development Plan of a Planned Unit Development: Name of Petitioner__________________________________________________ Date_____________________________________________________________ Name of project____________________________________________________ This Development Plan of a Planned Unit Development: _____is consistent with the stated purpose of the PUD regulations _____meets the requirements and standards of the PUD regulations _____deems the proposed departures from the zoning regulations including but not limited to density, dimensions, area, bulk, and use, to be in the public interest _____contains adequate provisions in the physical design for pubic services, control over vehicle traffic, and protection of designated open spaces that further the amenities of light, air, recreational and visual enjoyment _____includes adequate structures and roadways built in areas susceptible to flooding, ponding or erosion _____is compatible with adjacent properties and neighborhood _____adds to the physical development, tax base, and economic well being of the entire community _____conforms with recommendations of the Comprehensive Plan] _____conforms to all local regulations. The Plan Commission approved/denied by a vote of___to___, date____ President of the Plan Commission______________________________________ 154.45.12 AMENDING A PUD AND/OR A DEVELOPMNT PLAN All PUDs shall be constructed and developed as delineated on the approved Secondary Plat and Development Plan as recorded. All recorded documents and amendments shall be binding on applicants, their successors, grantees, and assigns, and shall limit and control the use of the PUD land and location of structures. After all plats and documents have been recorded, any major amendments to the PUD will require a pubic hearing and recommendation by the Plan Commission for approval by Council. Both major and minor approved amendments shall be recorded with the Wayne County Recorder. Major amendment – any change which alters the concept uses, or intent of the PUD including increase in density, increase in height of buildings, reduction of open space, changes in sequence of development, changes in road/street standards, and/pr changes in covenants and/or the approved Development Plan. Minor amendment – any change that does not alter the concept of intent of the PUD or the Development Plan and is not defined as a major amendment. All changes to the Secondary Plat shall be recorded with the County Recorder and Auditor as amendments to the Secondary Plat or reflected in the recording of a new corrected Secondary Plat. 154.45.13 FEES Any person, firm, corporation, or agent who shall file a petition for amendment, or application for appeal, variance, special use, planned unit development (PUD) or for other certificate of license require under the terms of this ordinance, shall be charged a fee in accordance with the City of Richmond’s established schedule of fees as listed in the City’s Code. 154.45.14 GENERAL In administering this ordinance, the Plan Commission may promulgate any rules, or procedures consistent with this section or state law. Passed and adopted this 21st day of August, 2000, by the Common Council for the City of Richmond, Indiana. s/s Larry Parker, President (Larry Parker) ATTEST: s/s Norma Schroeder, City Clerk (Norma Schroeder) PRESENTED to the Mayor of the City of Richmond, Indiana, this 22nd day of August, 2000, at 9:00 a.m. s/s Norma Schroeder, City Clerk (Norma Schroeder) APPROVED by me, Dennis Andrews, Mayor of the City of Richmond, Indiana, this 22nd day of August, 2000, at 9:05 a.m. s/s Dennis Andrews, Mayor (Dennis Andrews) ATTEST: s/s Norma Schroeder, City Clerk (Norma Schroeder)