Planned Developments may be permitted in any District, subject to the purposes and standards of this Section. It is the intent of this chapter that the procedure for approval of a Planned Development Overlay District generally follow Zone Map Amendment procedure as specified herein and in I.C. 36-7- 4-608. In addition, as part of approval of a Planned Development Overlay District, a primary and secondary plan of the Planned Development shall be filed and approved. All development shall comply with the approved plans. However, it is also the intent of this chapter that subdivision plat approval, as may be required by the Cass County Subdivision Control Ordinance, may be obtained simultaneously as the Planned Development approval, if requested by the owner/developer.
(A) The following general standards and purposes apply to Planned Development Overlay Districts:
(1) Planned Developments provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and with the intent of this chapter. The use of Planned Development Overlay Districts shall be encouraged when the use of such regulations promotes a harmonious variety of uses, and/or provides for an economy of shared services and facilities, and/or are compatible with surrounding areas, and/or foster the creation of attractive, healthful, efficient and stable environments for living, shopping or working.
(2) The Planned Development regulations and procedures may apply to the development of presently developed lands, or open or vacant lands, and may apply to parcels of relatively small size as well as largescale developments and their relationship with other surrounding uses and the overall characteristic of the area in which located.
(3) Planned Development regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design and layout of sites and structures and by the conservation and more efficient use and provision of open spaces and other amenities generally enhancing the quality of life. With Planned Development approval, the Commission may approve development with smaller lot sizes, lesser setbacks and with variation to other standards contained in this chapter, than would normally be allowed, provided adequate open space and/or other special amenities are provided.
(4) Planned Development projects should also encourage a more efficient use of land which reflects the changes in the technology of land development so that resulting economies may accrue to the benefit of the community at large.
(B) The following design standards apply to Planned Developments:
(1) The area of land to be developed shall not be less than 4 acres for residential, commercial or institutional Planned Developments and shall not be less than 5 acres for industrial Planned Developments.
(2) In residential Planned Developments, any requirement in Table B may be reduced; however, the average density of dwelling units in the total development shall not be greater than that permitted in the district in which the development is located.
(3) In commercial, institutional, or industrial Planned Developments, any requirement of Table B may be reduced; however the total land area of the development shall equal the accumulative lot area requirement of each use or structure contained within the Planned Development.
(4) The use of the land shall not differ substantially from the uses permitted in the underlying district in which the Planned Development is located except limited business uses, intended to serve only a residential Planned Development and fully integrated into the design of the project, may be considered.
(5) All applicable design and construction standards of the Subdivision Control Ordinance shall be met for Planned Developments requiring subdivision approval.
(6) Open space shall be provided to the extent necessary as further specified herein, so that the Planned Development meets the standards of this chapter.
(7) Drainage systems shall be provided that meet the standards hereof and the standards of the Cass County Subdivision Control Ordinance, if applicable. Planned Developments which include retention ponds as part of a drainage system, may use the retention pond area when calculating for open space.
(8) Principal vehicular access to the development shall be from roads capable of supporting existing traffic and the traffic that will be generated by the development. Access points shall be designed to provide smooth traffic flow, controlled turning movements, and minimum hazard to vehicular or pedestrian traffic in compliance with § 153.032. No streets or roads within the development shall connect to exterior streets in any such way as to encourage use of local streets as through-streets. (9) Walkways shall be provided to form a logical, safe and convenient system. All walkways shall be located to minimize contacts with normal automotive traffic, with street crossings held to a minimum.
(10) Private street right-of-ways and pavements in a Planned Development shall be constructed in conformity with the minimum street specifications prescribed by the Subdivision Control Ordinance.
(11) If topographical or other barriers are not sufficient to assure the privacy of the development from adjacent or facing properties, the following requirements shall be imposed:
(a) Structures on the perimeter must be setback sufficiently to protect their privacy and amenity.
(b) Screening the perimeter beyond normal bufferyards required by this chapter shall also be required so as to protect the development.
(12) The requirements determining the spacing of structures shall be as flexible as possible so as to encourage imaginative site design. The spaces between structures shall guarantee adequate light, air, and emergency access. The minimum distance between the nearest points of any exterior structure walls shall not be less than 30 feet, except that for residential structures (not exceeding 2 stories in height), external end walls with no opening therein shall not be less than 10 feet apart.
(C) The approval procedure for a Planned Development shall be as described below. The Planned Development requires primary approval from the Plan Commission and County Commissioners and secondary approval by the Plan Commission. A primary plan of the entire Planned Development area shall be filed with and approved as a part of the Planned Development Overlay District approval. All secondary plans shall be consistent with the approved primary plan.
(1) Prior to submission of a Planned Development for primary approval, an optional step, the pre-application conference, is encouraged. At the pre-application conference, the developer shall discuss all aspects of the proposed development, including rough sketches of site and building plans, with the Zoning Administrator. This meeting may be combined with the pre-application meeting suggested by the Subdivision Control Ordinance.
(2) Formal application for primary approval of a Planned Development shall be as follows. This approval may proceed simultaneously with primary plat approval required by the Subdivision Control Ordinance, where applicable. The developer desiring primary approval shall submit an application signed by all owners of the real estate involved, a filing fee and a primary plan showing the following:
(a) The proposed layout of street, open space and other basic elements of the plan.
(b) The general identification of location and types of structures and their use categories within the area, including proposed densities of the uses.
(c) A proposal for handling traffic, parking, sewage disposal, drainage, tree preservation and removal, lighting, signage and other pertinent development features.
(d) A plan for drainage and erosion control as specified herein and as specified in the Cass County Subdivision Control Ordinance, where applicable.
(e) A separate location map to scale shall show the boundary lines of adjacent land and the existing zoning of the area proposed to be developed as well as the adjacent land.
(f) A general statement of the covenants to be made a part of the Planned Development as well as the estimated time of development.
(g) A statement of the proposed order of development of the major elements of the project, including whether the development will be in phases, and, if so, the order and content of each phase.
(h) An Open Space Plan which designates and indicates the boundaries of all open space areas required by division (F) of this section. The plan shall:
1. Designate areas to be reserved as open space. The specific design of open space areas shall be sensitive to the physical and design characteristics of the site.
2. Designate the type of open space which will be provided.
3. Specify the manner in which the open space shall be perpetuated, maintained and administered.
(i) Any other information that may be required for primary plat approval by the Subdivision Control Ordinance, where applicable. The filing of a primary plat which meets Subdivision Control Ordinance standards shall be sufficient documentation for that part of a Planned Development being subdivided, except for the Open Space Plan which shall be filed for the entire Planned Development.
(3) Complete applications for primary approval, as determined by the Zoning Administrator, will be docketed for public hearing before the Plan Commission. The date for a hearing shall be no later than 30 days after a complete application is filed.
(4) At least 10 days before the hearing, notice of the hearing shall be published in accordance with I.C. 5-3-1 and also sent to the petitioner and interested parties as defined by Plan Commission rules.
(5) Copies of the Planned Development shall be submitted to any technical review agencies, as defined by Plan Commission rules for comment prior to the hearing.
(6) The Plan Commission, or technical review agencies may visit the site anytime during the review process.
(7) The Plan Commission shall hold the pubic hearing prior to making a recommendation to the County Commissioners on a primary application pursuant to the procedure herein and I.C. 36-7-4-608. This public hearing may be held at the same time as the primary plat hearing as required by the Subdivision Control Ordinance if applicable.
(8) The County Commissioners, following receipt of recommendations from the Plan Commission, shall act upon the primary plan of the Planned Development pursuant to the procedure herein.
(a) Approval of the primary plan of the Planned Development by the County Commissioners shall constitute establishment of the Planned Development Overlay District for the development site.
(b) All secondary plans and subdivision plats shall be in substantial compliance with the approved primary plan, except where provided by this chapter.
(c) Primary approval of the Planned Development by the County Commissioners does not constitute primary approval of a subdivision plat. This authority lies with the Plan Commission. Primary approval of a subdivision plat granted by the Plan Commission however, cannot be effective until the Planned Development is granted primary approval by the County Commissioners.
(9) Primary approval shall be valid for 1 year from the date of approval by the County Commissioners unless an extension is granted by the County Commissioners. The County Commissioners may establish time limits of less than 1 year on any or all conditions of primary approval. The County Commissioners may also allow the Planned Development to be filed for secondary approval in phases. In this case, the County Commissioners shall specify reasonable expiration dates for each phase at the time of primary approval. If secondary approval is not granted before the specified expiration or expirations for any phase, primary approval shall be null and void for any or all remaining phases of the primary plan which has not received secondary approval to that time. The County Commissioners may reasonably extend the expiration date(s) upon request of the developer.
(10) After any conditions of primary approval have been met but before any development takes place, the developer may request secondary approval for all of or one phase of the Planned Development from the Plan Commission. This approval may be done simultaneously with secondary plat approval provided all construction plans and other requirements of the Subdivision Control Ordinance have been met. Requests for secondary approval shall be accompanied by an application, a filing fee, and a secondary plan showing the following:
(a) All requirements for a Development Plan as listed herein, for any part of the Planned Development not being subdivided.
(b) All information required for primary approval herein.
(c) All applicable information required by the Subdivision Control Ordinance if secondary plat approval has been requested for all, or a phase of the development. The filing of a secondary subdivision plat as required by the Subdivision Control Ordinance shall be sufficient documentation for that part of any Planned Development that is being subdivided.
(d) All documentation that is necessary that indicates that all construction plans for the development, or phase of development, has been approved by the applicable utility or governmental agency and that adequate financial guarantees have been filed as required by the Subdivision Control Ordinance.
(e) All documentation that is necessary that indicates that required open space is being provided and will be maintained in compliance with this chapter.
(11) The Plan Commission shall then approve the secondary plan upon an affirmative finding that the plan is consistent with the approved primary plan as approved by the County Commissioners upon rezoning. The secondary plan, or a phase thereof, which has been granted approval shall be certified by the Plan Commission and recorded by the developer in the County Recorder’s Office before any development shall take place.
(12) Secondary approval of a Planned Development may be considered approval of any Development Plans required by § 153.100. (13) Secondary approval shall expire after a period of 1 year unless the approved secondary plan has been recorded and is 50% of more completed in terms of public improvements including streets, parks, open space, walkways, utility installations, drainage system and sanitary sewers. Determination of the amount of completion shall be made by the Zoning Administrator. For Planned Developments where approval has expired, new secondary approval according to the procedure of this chapter shall be requested.
(14) In the event that no approval of a secondary plat is obtained within 1 year following primary approval for all, or a phase of, a Planned Development, the Plan Commission or County Commissioners may initiate an amendment of this chapter following the procedure in original Section 906 to remove the Planned Development Overlay District designation of any property.
(15) In the exercise of continuing jurisdiction of Planned Developments, the Administrator may from time to time approve only minor modifications of the approved secondary plan of the Planned Development in a manner consistent with the approved primary plan of the Planned Development. Such modifications shall not include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or general structure location, any change in type of use, any change in access points, any item contrary to the Subdivision Control Ordinance procedure or any item which changes the recorded secondary plan or covenants.
(D) The Plan Commission and/or County Commissioners may require, based upon the approved primary plan, the recording of covenants for any reasonable purpose, including, but not limited to, imposing standards for development of property in a Planned Development.
(1) Covenants, when, and if, required by the Plan Commission or County Commissioners shall be set forth in detail and shall provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording signed by the Commission President and Secretary upon authorization by the Plan Commission and all of the owners of property in the Planned Development for whose benefit the covenant was created. Such covenants shall provide that their benefits run to the Plan Commission and shall be specifically enforceable by the Plan Commission.
(2) The Plan Commission or County Commissioners may require the recording of covenants for any reasonable public or semi-public purpose, including, but not limited to, the allocation of land by the petitioner for public roads, parks, schools, recreational facilities and other public and semi-public purposes. Such covenants shall provide that if a governmental unit or agency thereof does not proceed with acquisition within a specified period of time, the covenants shall automatically terminate. If such termination occurs, the developers shall then submit for approval by the Plan Commission a modified secondary plan for such land, otherwise consistent with the approved primary plan of the Planned Development.
(E) The Plan Commission and County Commissioners, in their approval of Planned Developments shall be assured all public and common facilities will be adequately constructed and maintained.
(1) For Planned Developments, including any portion of the development not subject to the Subdivision Control Ordinance, the developer shall be required to provide financial guarantees for the satisfactory installation of all public facilities according to the provisions of the Subdivision Control Ordinance.
(2) For all Planned Developments with facilities to be privately, or commonly, maintained, adequate provision shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities including private streets jointly shared by such property owners if such facilities are a part of the Planned Development, and, in such instance legal assurances shall be provided which show that the private organization is self-perpetuating.
(a) Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental
(b) All private streets shall be maintained by the above mentioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(F) In the approval of a Planned Development with a decrease of lot sizes, setbacks or other standards, common or public open space shall be required. Land which is required by this chapter to remain as open space may be used for the recreation, agriculture, resource protection or other purposes specified in this section. Open Space land shall be freely accessible to all residents of a Planned Development with the exception of land to be used for agriculture. Open space land shall not be occupied by nonrecreational structures or roads, nor shall it include the yards or lots of single or multifamily dwelling units required to meet the minimum standards of parking areas.
(1) Land designated as open space shall be maintained as open space and may not be separately sold, subdivided or developed except as provided below.
(2) The types of open space which may be provided to satisfy the requirements of this chapter, together with the maintenance required for each type, are as follows:
(a) Natural areas are areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands and wetlands are specific types of natural areas. Maintenance is limited to removal of litter, dead tree and plant materials, and brush. Natural water courses are to be maintained as freeflowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels.
(b) Agricultural uses has no specific maintenance required.
(c) Garden plots for cultivation as gardens by residents has no specific maintenance required.
(d) Recreational areas are areas designated for specific, active recreational uses such as totlots, tennis courts, swimming pools, ballfields, and similar uses. Recreational areas shall be accessible to all residents of the development. Maintenance is limited to insuring that there exist no hazards, nuisances or unhealthy conditions.
(e) Greenways are linear green belts linking residential areas with other open space areas. These greenways may contain bicycle paths, footpaths, and bridle paths. Connecting greenways between residences and recreational areas are encouraged. Maintenance is limited to a minimum removal and avoidance of hazards, nuisances or unhealthy conditions.
(f) Lawns have no specific maintenance required except that they be mowed to ensure neatness.
(3) All designated open space shall be large enough to be usable open space. The minimum dimension for usable open space shall be 10 feet and the minimum area shall be 100 square feet.
(4) Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved, and maintained as required by this section by any of the following mechanisms or combinations thereof:
(a) Dedication of open space to the county’s Park Board or an appropriate public agency, if there is a public agency willing to accept the dedication.
(b) Common ownership of the open space by a homeowner’s association which assumes full responsibility for its maintenance.
(c) Deed-restricted private ownership which shall prevent development and/or subsequent subdivision of the open space land and provide the maintenance responsibility.
(5) In the event that any private owner fails to maintain the open space according to the standards of this section, the county may, in accordance with the Open Space Plan and following reasonable notice and demand that deficiency of maintenance be corrected, enter the open space to maintain same. The cost of the maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.
(1993 Code, § 8-34) (Ord. 93-02, passed 2-1-1993)
