§ 153.139 PRELIMINARY LAND USE PLAN.

   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;

      (4)   Drainage and erosion control plan with written approval from the City Engineer as outlined in §§ 152.115 and 152.116.

   (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)

§ 153.140 PROCEDURES FOR PLAN COMMISSION REVIEW/APPEAL.

   (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))

§ 153.141 APPROVAL; EXPIRATION.

   (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))

§ 153.142 CONDITIONS.

   (A)   A planned development may contain residential, commercial, industrial, professional, or multi purpose uses as an integral part of the development as delineated in Appendix A (bubbles designated residential will be limited to those uses designated for RS – R5 by an S or X), but it may not include mobile homes or a mobile home park. Bubbles designated as a business district or multi purpose must contain uses entirely within a building.

   (B)   Upon the abandonment of a planned development, or upon the expiration of a one year period after authorization during which a development has not been begun (or begun with an extension of time granted under § 153.141), the authorization for it expires. Public improvements shall be completed (as specified in Title III of the Comprehensive Plan or specified improvements) within two years and will be stated as such in the required guarantee.

   (C)   If in approving a plan/plat the Hearing Officer or Commission finds it desirable that modifications to be made to the provisions of this chapter in regards to uses or development standards., they may do so.

   (D)   The district requirements (other than use) that the proposed use development areas (bubble) are expressed in terms of § 153.021 shall be the governing requirements except those expressly modified in the hearing.

   (E)   The land involved must be in one ownership or the subject of an application filed:

      (1)   Jointly by the owners of all property included (including the holder of any written option); or

      (2)   By any governmental agency.

   (F)   The proposed development must be designed to produce an environment of stable and desirable character in keeping with the principles of good neighborhood design. It must include adequate open space and provide for parking areas adequate for the occupancy proposed or otherwise in compliance with this chapter. It must provide for recreation areas to meet the needs of the anticipated population or as specified in the Comprehensive Plan.

   (G)   No improvement location permit or certificate of occupancy may be issued unless all requirements, conditions, and specifications shown on the land use and development plans and supporting documents have been met.

   (H)   At the appropriate time, the area may be rezoned to cover such uses as may be permitted in the completed development.

(1985 Code, § 36-7-4-600(8.7)

§ 153.143 PRIVATE STREETS.

   (A)   Private street rights-of-way and pavements in a planned development shall be constructed in conformity with the minimum street specifications prescribed by Title III of the Comprehensive Plan, except as otherwise modified by the Commission or Hearing Officer as part of the land use or by the Commission in a plat. Exceptions must take account of the street circulation system shown in the development plan. Pavement width may not be less than that required by the appropriate participating jurisdiction.

   (B)   At or near the entrance of each private street not dedicated as a public street, the applicant or the private organization shall maintain a signpost carrying a sign, having an area of at least 15 inches by 21 inches, on which is printed and clearly legible in at least two-inch letters the name of the private street and the words “PRIVATE STREET” and in at least one- inch letters the words “NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY THE PUBLIC.” The material on the sign shall be arranged substantially as follows:

   (NAME OF STREET)
   PRIVATE STREET
   NOT DEDICATED FOR PUBLIC USE
   OR MAINTAINED BY THE PUBLIC

   (C)   Private streets shall be maintained by the owners, or by the private organizations, so that fire, police, health, school, or sanitation vehicles and public utility vehicles have adequate access. Adequate access includes an adequate turning area.

(1985 Code, § 36-7-4-600(8.8))

§ 153.144 COVENANTS.

   When required by the Commission or Hearing Officer, covenants must include at least the following provisions satisfactory to the Commission.

   (A)   Adequate provision for an organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of any common facilities jointly shared by those owners.

   (B)   A financial guarantee:

      (1)   That satisfactory maintenance will be provided for any common facilities in accordance with standards prescribed by the property owner’s organization and set forth in the covenants; and

      (2)   That the facilities will be operated and maintained at no expense to the city or any other governmental unit as may be applicable.

(1985 Code, § 36-7-4-600(8.9))

§ 153.145 DETAILED DEVELOPMENT PLAN.

   Within two years and prior to any improvement location permit being issued, the petitioner shall file a detailed development plan for each land use development plan for each land use development area (bubble) designated by the land use plan.

   (A)   The purpose of the development plan is to enable the Department to make a finding that the proposed development is in conformity with the intent and provisions of the conditions and requirements of the secondary review and to guide the Director in the issuance of permits. The site plan shall be drawn to scale and shall indicate clearly and with full dimensioning the following information:

      (1)   Lot dimensions, where applicable;

      (2)   All buildings and structures: locations, elevations, size, height, proposed use;

      (3)   Yards and distances between buildings;

      (4)   Walls and fences: location, height and materials;

      (5)   Off-street parking: location, number and size of spaces and dimensions of parking area, internal circulation pattern;

      (6)   Access: pedestrian, vehicular, service: points of ingress and egress, internal circulation;

      (7)   Signs: location, dimensions, number of spaces, internal circulation;

      (8)   Loading: location, dimensions, number of spaces, internal circulation;

      (9)   Lighting: location and general nature, dimension;

      (10)   Common facilities and open spaces: location, dimensions;

      (11)   Public and private roads: location, dimensions, circulation;

      (12)   Sewage and drainage: with evidence of a satisfactory means of sewage disposal and surface drainage, to be reviewed by the Utilities Engineer and approved by the City Engineer and City Planning Director; (See §§ 52.105, 152.115, and 152.116)

      (13)   Fire hydrants: location (if provided);

      (14)   Screening, vegetation, fencing or buffering.

   (B)   The Director shall review each administratively and make written findings as to compliance with the land use plan and conditions or commitments imposed and the terms of the Advisory Zoning Ordinance.

(1985 Code, § 36-7-4-600(8.10)) (Am. Ord. 19-2005, passed 7-5-2005)