(A) Intent. The purpose of the preliminary plan is to provide a formal opportunity for the applicant and the Plan Commission to discuss the general elements of the proposed PUD. The preliminary plan prepares the Plan Commission for a future discussion of details and minimizes the risk incurred by the applicant in creating the detailed plan.
(B) Application. The applicant shall submit a planned unit development preliminary plan review application, an affidavit and consent of property owner (if the owner is someone other than the petitioner), a copy of the deed(s) for the property involved, the required filing fee, the preliminary plan and plat, and any other supporting information.
(C) Preliminary plan data. The preliminary plan may take the form of a booklet of letter or legal sized paper, a set of 24-inch by 36-inch sheets, or a combination of these formats. The following shall be included in the preliminary plan submission:
(1) Cover page and index. The cover sheet shall indicate that it is the preliminary plan for that particular development and include the date of submittal, and an index identifying all sections included in the preliminary plan document, and references to any separate sheets of information.
(2) Site description. A description of the property and applicants involved, including:
(a) The name, mailing address, e-mail address, and telephone number of the applicant;
(b) The name, mailing address, e-mail address, and telephone number of any land surveyors, engineers, or other professionals responsible for the preliminary plan design;
(c) The legal description of the subject property and common address of the site; and
(d) The proposed name of the development (if applicable).
(3) Common holdings map. A map of any property adjacent to the property subject to the preliminary plan owned or otherwise controlled by any or all of the petitioners. The common holdings map shall be accompanied by a general description of the future development of that property and its relationship to the area included in the preliminary plan. The general description shall be in map form and shall include, at a minimum, general land uses, general street patterns and access points, and general drainage designs.
(4) Sewerage verification. A letter verifying that proper waste disposal will be available to the property.
(a) For proposals using septic systems (or other alternatives to public sewer service), a letter from the Hancock County Health Department shall be provided verifying that the development shall be adequately served.
(b) For proposals using public or private sewers, a letter from the applicable utility provider shall be included verifying that the proposed development shall be served.
(5) Existing site conditions. A description of all existing conditions on the subject property, including:
(a) Built features. All existing streets (including travel lanes, sidewalks, street trees, rights-of-way, etc.), established open spaces, structures, wells, utility lines and facilities, fire hydrants, and street lights;
(b) Easements. All existing easements and an indication of their purpose;
(c) Topography. A topographic survey of the area with contour lines a maximum of two feet apart;
(d) Natural features. The location of natural streams, regulated drains, 100-year floodplains and floodways, water courses, wetlands (as identified by IDNR, IDEM, or an individual with a US Army Corps of Engineers Regulation 4 Jurisdictional Wetland Certification), wooded areas, and isolated preservable trees (with greater than an eight-inch DCH);
(e) Historic features. An identification of any historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures; and
(f) Other features. Any other significant feature(s) that may influence the design of the development.
(6) Proposed development. A conceptual plan of the proposed development of the property, including:
(a) Street systems. The layout and design of proposed street systems (including on-street parking, sidewalks, and street trees);
(b) Land uses. The land use areas and number of acres within the development (including a specific list of the individual land uses permitted in each area and densities of any proposed residential uses);
(c) Open space. The proposed location, improvements to open space (including park facilities, natural areas, trail systems, and other common areas);
(d) Landscaping. The conceptual design of landscaping, buffering, and/or screening proposed for the development, wooded areas to be preserved;
(e) Natural features. A description of the accommodation of natural streams, regulated drains, 100-year floodplains and floodways, water courses, wetlands (as identified by IDNR, IDEM, or an individual with a US Army Corps of Engineers Regulation 4 Jurisdictional Wetland Certification), wooded areas, and isolated preservable trees (with greater than an eight-inch DCH);
(f) Historic features. A description of the accommodation of historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures;
(g) Development requirements. Detailed text documenting the development requirements that will apply to development (including general lot size and dimensions, building setbacks, off-street parking requirements, lighting standards, sign standards, landscaping requirements, etc.);
(h) Written commitments. A description of any written commitments that are being proposed as part of the development;
(i) Covenants. A description of any private covenants and restrictions that will be established for the development;
(j) Drainage. A detailed drainage concept meeting the requirements of the County Surveyor; and
(k) Project phasing. A statement of the proposed order of development of the major elements of the project, including phasing, if applicable, and the order and content of each phase.
(7) Supplemental information. Any other information requested by the Planning Director or Plan Commission to aid in the review of the detailed plan. This may included, but not be limited to, topic areas such as traffic, utilities, tree preservation, flood hazards, and architectural design standards.
(D) Technical Committee Review. The preliminary plan shall be reviewed by a Technical Committee.
(E) Preliminary Plan/Plat Requirement. Planned unit developments shall be required to comply with the Hancock County Subdivision Control Regulations, per I.C. 36-7-4-1513 and the provisions of §§ 156.100 et seq. for site plan development plan review. In no instance shall the approval of a PUD be interpreted as waiving or modifying any subdivision control ordinance or site development plan processes. If a subdivision of land and/or site development plan review is required for the development, the preliminary plat and/or site development plan may be filed simultaneously as the preliminary plan for review by the Plan Commission.
(F) Public hearing notification. Notification for the scheduled public hearing regarding the preliminary plan shall be completed consistent with the requirements of § 156.101 and the rules and procedures of the Plan Commission.
(G) Plan Commission public hearing. The Plan Commission will, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates (but no later than 60 days following the receipt of the preliminary plan application), review the application and required supporting information.
(1) Representation. Either the applicant or a representative of the applicant must be present at the public hearing to present the application and address any questions the Commission may have.
(2) Presentations. The Plan Commission shall consider a report from the Planning Director and testimony from the petitioner, remonstrators, and other interested parties at the hearing. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the rules and procedures of the Plan Commission.
(3) Possible action. The Plan Commission will in concurrence with established rules and procedure review the application and required supporting information. The preliminary plan shall be forwarded to the applicable legislative body with a favorable recommendation, forwarded with an unfavorable recommendation, forwarded with no recommendation or continued by the Commission. Per I.C. 36-7-4-1512 the Plan Commission may impose conditions or require written commitments from the applicant.
(a) Favorable recommendation. The preliminary plan application shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed in division (J) below; or
(b) Unfavorable recommendation. The application shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed in division (J) below; or
(c) No recommendation. The application shall be forwarded with no recommendation; or
(d) Continued. The applicant may be continued based on a request by the Planning Director, the petitioner, a remonstrator, or an interested party. The application shall be continued in the case of an indecisive vote, a determination by the Plan Commission that additional information is required prior to action being taken on the request, or if an appropriate representative of the application fails to appear at the public hearing.
1. Additional legal notice shall not be required unless specified by the Plan Commission.
2. The continuing of all applications shall be consistent with the adopted rules and procedures of the Plan Commission.
(4) Certification of recommendation. The Plan Commission shall certify its recommendation by resolution to the applicable legislative body within five business days of its decision. The Planning Director shall forward to the legislative body appropriate copies of the Plan Commission resolution, the original application and all supporting information, any staff reports regarding the petition, and a PUD district ordinance (rezoning) meeting the requirements of I.C. 36-7-4-1503 for the legislative body's consideration.
(H) Legislative body meeting. The applicable legislative body shall hold a meeting and vote on the proposed planned unit development district ordinance (re-zoning) within 90 days of its certification by the Plan Commission.
(1) Legal notice. Legal notice of action on the ordinance shall be provided consistent with Indiana law.
(2) Possible action. The legislative body may either approve or deny the PUD district ordinance (rezoning) consistent with the decision criteria provided by division (J) below. The legislative body also may approve with modifications, per I.C. 36-7-4-1512, such as impose conditions, require written commitments from the applicant, and/ or condition the release of improvement location permits on the provision of adequate surety for any public improvements.
(a) Failure to act. If the legislative body fails to act within the 90-day time frame the ordinance shall become effective or be defeated consistent with the recommendation of the Plan Commission and the provisions for rezoning petitions of I.C. 36-7-4-608.
(b) Denial. If a PUD district ordinance (rezoning) is denied by the legislative body a one-year waiting period shall be imposed prior to the filing of a new preliminary plan for the same development.
(c) Approval. If the legislative body approves the rezoning, the land is officially rezoned. The official zoning map must be amended to reflect the zoning change, the date of approval by the legislative body, and the ordinance number.
(I) Preliminary plan signatures and filing. The implementation of an approved preliminary plan must be consistent with the following provisions:
(1) Preliminary plan signatures. When approved, the preliminary plan shall be signed by the Plan Commission President and Secretary.
(2) Preliminary plan filing. The approved preliminary plan, including all development requirements serving as the zoning requirements on the subject property shall be filed with the Planning Director by the applicant. The documents must clearly state that the development requirements and any written commitments are enforceable by the Plan Commission.
(3) Covenant recording.
(a) Any covenants for the development shall be recorded with the Hancock County Recorder. The documents must:
1. Clearly distinguish covenants for development requirements and written commitments and
2. Indicate that covenants are private agreements that are not enforceable by the Plan Commission.
(b) The petitioner shall provide one copy of the recorded documents to the Planning Director for the records of the Plan Commission.
(J) Preliminary plan decision criteria. In reviewing the planned unit development preliminary plan petition, the Plan Commission and legislative body shall pay reasonable regard to the following, consistent with I.C. 36-7-4-603:
(1) Requirements and intent. The extent to which the proposal fulfills the requirements and intent of this subchapter and the Chapter 155, Subdivision Control Regulations;
(2) Planning documents. The Comprehensive Plan and any other applicable, adopted planning studies or reports;
(3) Characteristics. The current conditions and the character of current structures and uses in each zoning district;
(4) Desired use. The most desirable use of which the land in each district is adapted;
(5) Property values. The conservation of collective property values throughout Hancock County as a whole; and
(6) Growth management. Responsible growth and development.
(7) Overlay requirements. Corridor and Town of McCordsville Overlay Districts.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
Comprehensive Plan, see Ch. 151
Notice of public hearing, see § 156.101