Riviera residents press city to rezone PUD and consider taking over roads; planning motion fails
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Summary
Residents from the Riviera development sought city action to rezone the PUD and incorporate private roads into the city system so the city would assume maintenance; council discussed legal constraints, IDEM permitting on a related item, and ultimately a motion to accept the roads contingent on planning and legal review failed 3–2.
Residents of the Riviera planned-unit development urged the City Council to rezone the community’s PUD so city government could take over the private roads and relieve an association facing budget shortfalls. Residents said the developer’s sale of Riviera 2 and limited HOA funds left the community unable to sustain streets and other common-area maintenance.
City staff and the mayor said the PUD contains specific commitments established when the development was approved and that public money cannot be used to support private developments unless council takes statutory action. City attorney and staff cited city code language and advised that the planning commission and rezoning procedures would be the formal route to change the district.
Residents asked council to rezone the property away from the Riviera PUD so the streets could be dedicated to the city. Council members debated whether to refer the matter to planning commission for study and legal review. One resident urged the council that, “this is your chance to show us you meant what you said” about wanting to help the community, and pressed the point that rezoning and incorporation were legally possible under certain procedures.
A motion to accept the roads contingent on planning commission review and legal review was made and seconded. Roll call recorded votes in favor from Councilperson Tony Abbott and Councilperson Dylan Little and “nay” votes from Councilperson Tom Roulette, Councilperson Lenny Frieman and Councilperson Brett Bondurant; the motion failed 3–2. Staff and council noted that taking jurisdiction over streets would carry long-term maintenance costs and suggested planning commission review to gather legal and financial details.
In a related agenda thread, outside applicants for a separate development permit explained the process was on hold pending responses from IDEM (Indiana Department of Environmental Management). Staff said IDEM had posed additional questions less than a week earlier and the city would not take final action until the applicant confirmed satisfying IDEM’s comments. The council tabled the permit item until IDEM’s outstanding questions were resolved and the city staff completed its internal review.
