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)