(1) The application for a PUD shall be submitted to the APC Office on a form approved by the APC.
(2) The application shall contain both a written statement specifying the intentions of the applicant respecting the proposed land use of the PUD and a plan or other drawing.
(3) Also, the application shall contain a scale drawing, not less than 17" x 21" nor more than 30" x 36", showing the location of the proposed PUD in respect to surrounding properties. This drawing shall include details, as required by the APC, of the land uses within 300 feet of the PUD boundaries.
(B) Procedures. A PUD district ordinance shall be adopted and amended by the following procedures:
(1) The legislative body shall adopt and amend PUD district ordinances in the same manner as a zone map change. The adoption and amendment of a PUD district ordinance is a legislative act.
(2) A PUD district ordinance may employ written text, a plan or other drawing, or any combination in specifying the permitted uses and development requirements that apply to the PUD district.
(3) A PUD district ordinance shall express development requirements in either general terms or detailed terms. At the initial public hearing, the APC shall make a finding as to whether the PUD district ordinance expresses development requirements in either general or detailed terms, and also as to which process (division (B)(4) or division (B)(5)) shall be followed.
(4) If the PUD district ordinance expresses development requirements in detailed terms, a secondary review of the PUD district ordinance is not required. However, the PUD district ordinance shall specify any plan documentation or supporting information (if any) that must be supplied before an improvement location permit may be issued for development of real estate within the PUD district.
(5) If the PUD district ordinance expresses development requirements in general terms, a secondary review of the PUD district ordinance, which shall specify any plan documentation or supporting information (if any) that must be supplied in connection with the secondary review, is required according to the following procedures:
(a) The APC shall hear and consider all secondary reviews during a noticed public hearing.
(b) The approval of the secondary review shall be by an affirmative vote of the APC.
(c) The secondary review may be on a section or phase of the real estate made the subject of and covered by the PUD district ordinance.
(d) If the APC denies the secondary review, the legislative body may review and affirm, revise or modify that decision.
(6) The secondary review referred to herein shall not occur until after the APC certifies the proposed PUD district ordinance (which expresses development requirements in general terms or detailed terms) to the legislative body pursuant to I.C. 36-7-4-605, and after the PUD district ordinance is adopted by the legislative body pursuant to I.C. 36-7-4-608.
(7) Upon adoption of a PUD district ordinance expressing development requirements in either general terms or detailed terms, the real estate covered by and made the subject to the PUD district ordinance shall be rezoned to the PUD district per the terms of the PUD district ordinance, and shall be identified on the zoning maps of the county by a “PUD” designation.
(C) PUD district ordinance amendments. The legislative body hereby retains jurisdiction over and does not delegate the authority to approve amendments to the PUD district ordinance adopted by the legislative body.
(Ord. 98-25, passed 12-21-1998; Am. Ord. 2001-5, passed 1-2-2001; Am. Ord. 2004-05, passed 3-15-2004)
