Chapter 18.120
PLANNED UNIT DEVELOPMENT

Sections:

18.120.010    Purpose.

18.120.020    Uses.

18.120.030    General requirements.

18.120.040    Procedures for approval of primary plan.

18.120.050    Procedure for approval of detailed site plan/subdivision plan.

18.120.060    Abandonment or expiration.

18.120.010 Purpose.

Planned unit development recognizes the need to vary this title to provide residential, commercial, and industrial areas or a combination of the above which match the creative approaches of the building industry with the unique land and housing demands of the City. This classification is designed to allow for more flexible regulations while preserving the purpose of this title. In return for allowing more flexible zoning regulations, the developer shall be required to preserve common open space or any environmentally sensitive areas.

This chapter has been adopted in accordance with IC 36-7-4-1500 et seq. This chapter specifies limitations on planned unit developments in Evansville and Vanderburgh County. It also specifies the standards, requirements and procedures that govern the establishment and administration of planned unit development districts and all other standards or procedures required by IC 36-7-4-1507. [Ord. G-96-13, passed 8-19-96; Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 1; 1982 Code § 153.145; 1983 Code § 15.153.145.]

18.120.020 Uses.

A building or land may be used and a building may be erected or altered for any residential, commercial, or industrial use which is part of a planned unit development. Common open space must be provided unless specifically waived by the Area Plan Commission. Detention basins will not be considered as open space in a planned unit development. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 2; 1982 Code § 153.146; 1983 Code § 15.153.146.]

18.120.030 General requirements.

In residential developments, the nonresidential uses must be planned and established primarily to serve the residents of the development. The developer shall follow the proposed time and order of completion approved by the Area Plan Commission. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 3; 1982 Code § 153.147; 1983 Code § 15.153.147.]

18.120.040 Procedures for approval of primary plan.

(A) Preliminary Action.

(1) A person desiring the creation of a planned unit development district must submit to the Area Plan Commission a preliminary plan containing the following information:

(a) Proposed dimensional layout to a scale not exceeding 100 feet to an inch of streets, buildings, open space, lots, and other elements basic to the proposed use as related to the site.

(b) Proposed locations, and amounts and types of uses.

(c) Proposed plan for handling traffic flow, parking, sewage disposal, drainage, water supply, and other pertinent development features.

(d) Any plans being superseded, which must be shown by dotted lines.

(e) Boundary lines of adjacent lands.

(f) Existing zoning classification.

(g) Proposed time and order of completion.

(h) Proposed covenants.

(2) The preliminary plan may be an approximate drawing so long as it adequately states the information required in subsection (A)(1) of this section.

(3) The preliminary plan shall be forwarded to the Review Committee established by EMC 18.175.010. The Director shall consult with the person submitting the plan to notify the petitioner of the modifications necessary prior to submission of the preliminary plan to the Area Plan Commission.

(B) Plan Commission Action.

(1) The preliminary plan shall be considered. If the Review Committee approves the preliminary plan, it shall be considered, along with modifications, at the next regular meeting of the Area Plan Commission in the same manner as a petition for an amendment to this title.

(2) The Area Plan Commission may approve the preliminary plan, amend and approve the preliminary plan, or disapprove the plan even if amendments are made.

(3) Amendments to the preliminary plan may include whatever conditions or limitations, including recorded covenants, necessary to ensure that the development will conform to the purposes of this chapter. Covenants, to be enforceable, should be made a part of the preliminary plan and the detailed site plan. Covenants may relate to any of the following standards for development and maintenance:

(a) Provisions for the ownership and maintenance of areas held in common and remedies available to the City if deterioration of these areas occurs;

(b) Lot area;

(c) Floor area;

(d) Ratios of floor space to land area;

(e) Area in which buildings or structures may be built;

(f) Open space;

(g) Height of buildings and structures;

(h) Signs;

(i) Off-street parking and loading space;

(j) Design standards, not related to aesthetics;

(k) Phases of development;

(l) Streets and rights-of-way;

(m) Traffic control.

(C) Common Council Action. A preliminary plan approved or disapproved by the Area Plan Commission shall be forwarded to the Common Council for consideration in the same manner as a petition for amendment to this title.

(D) On adoption by the Common Council, the preliminary plan shall be returned to the Area Plan Commission which shall retain jurisdiction over the development. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 6; 1982 Code § 153.148; 1983 Code § 15.153.148.]

18.120.050 Procedure for approval of detailed site plan/subdivision plan.

(A) Prior to any development of a planned unit development district from a preliminary plan, a detailed site plan/subdivision plat must be submitted for consideration by the Area Plan Commission including the exact locations, composition, and engineering features of all the following:

(1) Lots, buildings, and structures;

(2) Drainage facilities;

(3) Sewage facilities;

(4) Recreational areas;

(5) Any other pertinent features the Area Plan Commission may require.

(B) The Area Plan Commission may approve or deny the detailed site plan/subdivision plat, but may not approve the detailed site plan/subdivision plat if it is not significantly consistent with the preliminary plan. A denial does not impair future approval of the plan after modifications.

(C) The detailed site plan/subdivision plat must be received by the Area Plan Commission within one year after approval by the Common Council of the preliminary plan or the provisions of EMC 18.120.060 regarding abandonment will be invoked. The Area Plan Commission may extend the time limit for good cause.

(D) Detailed site plans/subdivision plat may be submitted for only certain portions of the development when the Area Plan Commission has approved the development in phases.

(E) The Area Plan Commission may modify the approved detailed site plan/subdivision plat when circumstances unforeseen at the time of approval arise.

(F) The Area Plan Commission shall require that the developer post a financial agreement, such as a letter of credit, from a bank or savings and loan to insure the completion of the following improvements: streets, curbs and gutters, sidewalks, sanitary sewers, storm sewers and other drainage improvements. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 7; 1982 Code § 153.149; 1983 Code § 15.153.149.]

18.120.060 Abandonment or expiration.

If no improvements, developments, or construction pursuant to an approved detailed site plan/subdivision plat have been made for 24 consecutive months, the Area Plan Commission shall initiate an amendment to this title to rezone the real estate previously zoned PUD. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 23, § 8; 1982 Code § 153.150; 1983 Code § 15.153.150.]