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O-1987-1501
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O-1987-1501
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Last modified
11/2/2016 3:38:44 PM
Creation date
7/24/2006 11:05:55 AM
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Legislative Records
Legislative Type
Ordinance
Date
1/26/1987
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<br />Chairman Wilson and _mbers of the Commisssion __ <br />City of LaPorte <br /> <br />Page 12 <br /> <br />P. U. D. Zone or developing a planned-unit development within a <br />particular zone to increase their densities according to the <br />terms of the ordinance. <br /> <br />2l) Section 8-402 (10): <br /> <br />ci tizen ccrnment indicates that the requirement that the planned <br />unit development be in conformance with the Comprehensive Plan <br />be deleted. As noted above, there is a legal requirement that <br />all zoning be pursuant to and based upon a Comprehensive Plan. <br />This is particularly true in the case of a planned unit development <br />in that the particular uses proposed in the planned development <br />unit are proposed by the developer and are not set forth in <br />concrete like permitted uses within a particular zone. If this <br />section would be deleted, the legal basis for inclusion of <br />Planned Unit Developments within the zoning ordinance would <br />fail and planned unit developments would not be available for <br />developers in the community. <br /> <br />ANALYSIS: Keep this requirement in the ordinance. <br /> <br />22) Section 8-403: <br /> <br />Citizen imput indicates that the 12 month limitation on conditional <br />use permits is too short and should be lengthened to 3 to 5 <br />years. The intent in the Comprehensive Plan is that this require- <br />ment allow the city to maintain at least minimal, control of <br />growth without an open ended blanket approval. This 12 month <br />period is for conditional use permits only. The conditional use <br />is a use within a zone that may have substantial impact on the <br />zone where it is located. It is usually the most intense use <br />allowed within a zone. These permits require planning and zoning <br />and council approval. This limitation allows time for development <br />but is limited to l2 months with an additional 12 months when an <br />extension is granted. The time period is limited in case the <br />conditions of the surrounding area change in a manner,that would <br />effect the P. U. D. and i ts respective condi tinal use permit. <br />Three to five years allows too much time for the rest of the <br />area to change. Structures built in that period could have a <br />substantial impact on 'the P. U. D. and the City as a whole. It <br />should be further noted that there has been a major problem in <br />the past for the planning and zoning commission and City Council <br />to approve re-zoning on a particular piece of property wi thin <br />the city based upon a particular proposed use, only to find that <br />the propsed use does not take place for whatever reason, but the <br />end result being an excessive amount of vacant land lying within <br />the City without effective zoning control, and without develop- <br />ment. By placing an automatic termination on a conditional use <br />permit, these high-impact uses will not be allowed to continue <br />indefinitely, but rather will force the developer to keep in <br />
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