§ 154.162  PRELIMINARY PLAN AND REZONING.
   (A)   Purpose and 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)   Pre-application meeting required.  A planned unit development preliminary plan shall only be filed after the petitioner has met with the Administrative Officer, or his or her designee, to discuss the request.
   (C)   Application.  The applicant shall submit a planned unit development preliminary plan review application, an affidavit and consent of property owner(s) (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.
   (D)   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 letter from the McCordsville Sewer Utility 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, and the like), 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 trees that are able to be preserved (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.
         (f)   Other significant 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 trees which are able to be preserved (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, and the like).
         (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 Town Engineer.
         (k)   Lighting plan. A site lighting plan prepared by an electrical engineer licensed by the State of Indiana drawn to an appropriate scale with the scale clearly indicated and a graphic scale for reference, showing the type and location of all exterior lighting fixtures (site and building lighting).  The lighting plan shall include a photometric drawing.
         (l)   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 Administrative Officer or Plan Commission to aid in the review of the preliminary plan. This may include, but is not limited to: topic areas such as traffic; utilities; tree preservation; flood hazards; and architectural design standards.
   (E)   Technical Review Committee review.  The preliminary plan shall be reviewed by a Technical Review Committee.
   (F)   Preliminary plan/plat requirements.  Planned unit developments shall be required to comply with the McCordsville Subdivision Control Ordinance (per I.C. 36-7-4-1513) and the provisions of § 154.208, Development Plan Review, or this chapter. 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.
   (G)   Public hearing notification. Notification for the scheduled public hearing regarding the preliminary plan shall be completed consistent with the requirements of this chapter and the Rules and Procedures of the Plan Commission.
   (H)   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 Administrative Officer and/or Technical Review Committee 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 Town Council 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 below.
         (b)   Unfavorable recommendation. The application shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed below.
         (c)   No recommendation.  The application may be forwarded with no recommendation only if it is found that the application includes aspects that the Commission is not able to evaluate.
         (d)   Continued.  The application may be continued based on a request by the Administrative Officer or petitioner. The application shall be continued in the case of an indecisive vote wherein the item is essentially tabled, 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 recommendations.  The Plan Commission shall certify its recommendation by resolution to the Town Council within five business days of its decision. The Administrative Officer, or his or her designee, shall forward to the Town Council appropriate copies of the Plan Commission certified decision, 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 Town Council's consideration.
   (I)   Town Council meeting.  The Town Council 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 Town Council may either approve or deny the PUD district ordinance (rezoning) consistent with the decision criteria provided by this section. The Town Council 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 Town Council 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 Town Council a one-year waiting period shall be imposed prior to the filing of a new preliminary plan for the same development.
         (c)   Reject or amend.  If the Town Council rejects or amend the proposal, it shall be returned to the Plan Commission for its consideration, with a written statement of the reasons for the rejection or amendment.  The commission has 45 days in which to consider the rejection or amendment and report to the Town Council as follows:
            1.   If the commission approves the amendment or fails to act within the 45-day period, the ordinance stands as passed by the Town Council as of the date of the filing of the commission's report of approval with the Town Council or the end of the 45-day period.
            2.   If the commission disapproves the rejection or amendment, the action of the Town Council on the original rejection or amendment stands only if confirmed by another vote of the Town Council within 45 days after the commission certifies it disapproval.  If the Town Council fails to confirm its action, then the ordinance takes effect in the manner provided by I.C. 36-7-4-606(f).
         (d)   Approval.  If the Town Council approves the rezoning, the land is officially rezoned upon the recording of the rezoning ordinance and any written commitments. The Official Zoning Map must be amended to reflect the zoning change, the date of approval by the Town Council, and the ordinance number.
   (J)   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 Administrative Officer by the applicant. The documents must clearly state that the development requirements and any written commitments in recordable form are enforceable by the Plan Commission.
      (3)   Covenant recording.  Any covenants for the development shall be recorded with the Hancock County Recorder. The documents must: (a) clearly distinguish covenants for development requirements and written commitments in recordable form; and (b) indicate that covenants are private agreements that are not enforceable by the Plan Commission. The petitioner shall provide one copy of the recorded documents to the Administrative Officer for the records of the Plan Commission.
   (K)   Preliminary plan decision criteria.  In reviewing the planned unit development preliminary plan petition, the Plan Commission and Town Council 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 Subdivision Control Ordinance.
      (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 the town.
      (6)   Growth management.  Responsible growth and development.
      (7)   Overlay requirements. Consistency with the requirements of all applicable overlay districts.
   (L)   Expiration of preliminary PUD plan. The final detailed plan filing shall occur within 18 months of the date of preliminary plan approval. If no final detailed plan filing has occurred within that period, the preliminary plan approval shall expire. An extension may be granted upon request to the Plan Commission at their discretion without the need for a public hearing. If the project is phased and was part of the preliminary plan, the petitioner may submit partial final detailed plans which correspond to the phases involved.
(Ord. 121410, passed 1-11-2011)