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(A) PUD Districts are in effect as overlay districts and are supplemental to the underlying districts as designated on a zoning map. The underlying district’s requirements do not apply to a PUD.
(B) Appendix A specifies three types of PUD Districts: Commercial PUD, Industrial PUD or Residential PUD. Each District is defined and is located as follows.
(1) The Commercial PUD District, PC, overlays the following underlying districts: LB, AB, CC, CB, PB, AG, RS, GB, SC, I1, I2, I3, and AZ. PUD’s allowed in this district will be designated a commercial PUD and the largest use category (residential, commercial, industrial) must be commercial (SIC Divisions G (except 6513, 6514, and 6515), H, I, (except Group 88 and 8361) and J.).
(2) The Industrial PUD District, PI, overlays the following underlying districts: AB, AG, RS, GB, SC, I1, I2, I3, and AZ. PUD’s allowed in this district will be designated an Industrial PUD and the largest use category (residential, commercial, industrial) must be industrial (SIC Divisions C, D, and F).
(3) The Residential PUD District, PR, overlays the following underlying districts: AG, RS, R1, R2, R3, R4, R5, PB, and AZ. PUD’s allowed in this district will be designated a Residential PUD and the largest use category (residential, commercial, industrial) must be residential (SIC Group 88, 6513, 6514, and 8361).
(4) PUD’s with the largest use category consisting of multi purpose commercial/industrial developments (flex space) that has all industrial (in that category) activity contained in a building with no airborne emissions, other than necessary for conditioning of space, will be considered a Commercial PUD.
(5) Allowable uses in each PUD District are defined in Appendix A. The Hearing Officer or the Commission in a secondary review hearing may further restrict permitted uses and their location, size, or relationship to other uses (to include buffering or methods of operations).
(1985 Code, § 36-7-4-600(8.1))
A secondary review hearing for a Planned Development shall be subject to the conditions set forth in the remainder of this subchapter (in addition the regular procedure for platting approval must subsequently be followed when the development will include subdivision of land for transfer).
(1985 Code, § 36-7-4-600(8.2))
The Executive Director of the City of Marion Advisory Plan is appointed as Hearing Officer, as specified in I.C. 36-7-4-402(d), 37-4-924 and 36-7-4-1509 and will conduct secondary reviews in a hearing in accordance with the above notice in accordance with I.C. 36-7-4-604(B) and (C). The hearing officer is authorized to modify permitted uses or development requirements, impose conditions or require written commitments.
(1985 Code, § 36-7-4-600(8.3))
A planned development may not be approved under this chapter unless the applicant first submits a land use plan and applies for secondary review with the Hearing Officer.
(A) For this purpose, the applicant must submit two copies of a preliminary land use plan for the proposed development containing the following information for staff review:
(1) The proposed layout, in relationship to site conditions, streets, buildings, lots and other elements basic to the proposed use;
(2) The proposed locations of residential, commercial, industrial, park, school, recreational, multi use commercial/industrial and other public and semi-public uses as development areas (bubble) as a minimum in terms of districts listed in § 153.021, whose non-use development standards will apply (together with statement of proposed/desired modifications of permitted uses and district requirements) within the area proposed to be developed, as well as existing land uses;
(3) The proposed plan for handling vehicular traffic, parking, sewage disposal, drainage, water supply and other site development;
(4) The preliminary land use plan shall be superimposed upon a print of an acceptable topographic survey of the area proposed to be developed and may include other graphic media for explaining the features to be contained in the development.
(B) The preliminary land use plan may and the final development plan shall contain the following items:
(1) Detailed site plan as outlined in § 153.145;
(2) Covenants as may be required by the Commission;
(3) Written approval of all utility plans from the appropriate utility;
(C) The application for a planned development must be submitted to the Hearing Officer, together with three copies of the plan for the lands together with supporting documents, including proof of financial capability to insure completion of the development and addressed envelopes for neighboring parcel owners, statements of desired modifications proposed commitments and any suggested conditions.
(D) Upon submittal the Hearing Officer will schedule a hearing immediately, providing for ten days due notice to interested parties by publication and posting the property. The petitioner may not contact the Hearing Officer within five days prior to the hearing in order to influence a decision.
(E) The Hearing Officer will conduct the hearing IAW I.C. 36-7-4-402(d) and 36-7-4-924 and minutes will be recorded. The Hearing Officer will evaluate the proposal based on considerations listed. The evaluation will be based on the impact of development on the site and neighboring sites, including but not limited to the following considerations: contiguous development, soils, slopes, drainage, wetlands, utility availability, odors, and its presence abutting zoning districts in a designated growth zone. The Hearing Officer, the petitioner and attending abutting neighbors may reach a consensus for approval. The Hearing Officer’s decision is accepted if no appeal is filed in 14 days. The petition will be transferred to the Advisory Plan Commission if an appeal is filed within 14 days by the petitioner or interested party.
(F) The Hearing Officer will comply with § 153.140(C) if the petition is approved.
(G) If the development requires an exempt, major or minor subdivision of land, the plat/plan must subsequently be submitted in accordance with the subdivision ordinance to the Department/Commission, together with supporting documents, including proof of financial capability to insure completion of the development.
(1985 Code, § 36-7-4-600(8.4)) (Am. Ord. 19-2005, passed 7-5-2005)
(A) An appealed planned unit development must comply with this chapter.
(B) The Commission shall carefully consider said land use plan and the recommendations of the Hearing Officer. The Commission may approve and recommend the land use plan as submitted, or it may modify, alter, adjust, or amend the plan or the Commission may disapprove the plan.
(C) If an appeal and if approved, all three copies of the land use plan shall be stamped conditionally approved and be signed by the officers of the Commission, one copy to be retained in the Commission file, one copy to be included in its report to the Jurisdiction Board, and one copy to be furnished to the applicant. The Commission’s findings shall be recorded in the minutes of the Commission meeting. Said plan with any amendments thereto, together with a finding as to whether the proposed development is consistent with the Comprehensive Plan of the city, as the case may be, shall constitute the Commission’s report to the jurisdiction.
(D) If the development is before the Commission for a subdivision approval then the plan and plat may contain a proposed later division of the land into separate units under one ownership or into one or more separately owned and operated unit. If approved with the plan, such a proposed division of land may be made without further approval of the Plan Commission. A later (or further) division of the land may be made upon application to the Commission for approval as long as it is consistent with the approved land use plan. The separation of units for the purposes of platting must comply with the subdivision regulations of the Comprehensive Plan.
(E) The applicant shall furnish the Commission with a guarantee for any required improvements, as specified in Title III of the Comprehensive Plan.
(1985 Code, § 36-7-4-600(8.5))
(A) Approval by the Hearing Officer and/or Commission expires two years immediately following approval, unless the Hearing Officer or Commission has granted an extension of time or approved a phasing plan. A final development plan for each approved development area (bubble) shall be completed within this designated two year period. The Hearing Officer may hear revision petitions but if the revision changes require modification of land subdivision (beyond those that are exempt from the subdivision regulation) or modification of written commitments imposed by the Plan Commission, the revision must be heard by the Plan Commission.
(B) Minor changes to the land use plan may be approved administratively (without hearing) by the Director.
MINOR is defined as alteration of each district or improvement such that relative positions are maintained and district does not shrink or grow more than 15% in size. (Elimination of districts or modifying uses is not minor).
(1985 Code, § 36-7-4-600(8.6))
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