(A) Applicability. This chapter is applicable to all new planned developments and amendments to existing planned developments that are either amend the chapter text or any adopted exhibits.
(B) Purpose. A district that employs written text, a plan or other drawing, or any combination of those items used in specifying the permitted uses and development requirements for the planned development district.
(C) Parties entitled to seek planned development approval. An application for a planned development may be filed with the Director of Planning and Development or his or her designee by the owner or lessee of the subject property or other person having the written consent of the owner of the subject property. Applications shall be signed by the property owner or a consent form signed by the property owner and notarized stating that the property owner is aware of the specific action being requested in the application.
(D) Procedure for Review and Decision.
(1) Applications for a planned development shall be filed in accordance with the requirements of § 159.040.
(2) All applications for a planned development shall include the information required in Appendix B. Applications, Section 9. Planned Developments.
(3) Docketing of Applications. Each filed application shall be reviewed for completeness. Any application which is determined to be in proper form as per the guidelines established by the Planning Department shall be docketed by the Department. Those applications not adhering to the guidelines shall be held in abeyance until all missing documentation is submitted and once docketed shall follow the meeting schedule adopted.
(4) Neighborhood Meetings. The applicants shall host a “neighborhood meeting” prior to the public hearing at the Plan Commission meeting. Those to be notified include at a minimum the property owners identified from the list obtained through the Transfer and Mapping Division of the Hamilton County Auditor’s Office. Notification shall be emailed to the Planning Department staff involved with said application. The notification to the “interested parties” shall not be included with the public notice provided by the Planning Department.
(5) After docketing, the Director of Planning and Development or his or her designee shall coordinate a review of the Preliminary Development Plan materials to include review of by all relevant departments, Technical Advisory Committee, and the Architectural Review Board (ARB). The Technical Advisory Committee shall provide general comments regarding the preliminary development plan. Text amendments, unless it affects the design of the overall planned development shall not be reviewed by the Technical Advisory Committee but reviewed by the Planning staff and other that may be deemed necessary. Written findings and recommendations will be submitted to the Plan Commission.
(6) Prior to the public hearing, the Preliminary Development Plan shall be introduced at a Council meeting as per the adopted planned development and change of zoning meeting dates and filing deadlines schedule. Written suggestions or recommendations as per the City Council shall be provided to the applicant by staff within five days after said “introduction meeting.”
(7) Planned development consideration shall be handled in accordance with applicable law (see, e.g., the 1500 series of IC 36-7-4 as the same may be amended).
(8) Effect of Preliminary Development Plan Approval. Approval of the Preliminary Development Plan for a planned development shall not constitute approval of the Planned Development Detailed Plan. Rather, it shall be deemed an expression of approval of the concepts and details of the Preliminary Development Plan of the planned development and the proposed map amendment, which are set forth in the application for approval of the planned development. It shall also be deemed as a specific guide to the preparation of final documents which are required as part of the application for approval of the Detailed Development Plan. Further, it indicates approval of the details set forth in the application, and a commitment by the applicant to such
details.
(9) A Planned Development (PD) ordinance shall become effective after its approval and its recording in the Hamilton County Recorder’s Office. The official zoning map shall be amended once a recorded copy of the PD ordinance is submitted to the Planning Department. The use and development of the real estate shall thereafter be governed by the PD ordinance and exhibits subject to the review and approval of subsequent permits and approvals as required by this chapter and any regulatory processes which may be required prior to the issuance of any improvement location permit, building permit or other permits.
(10) Following Common Council approval of the Preliminary Development Plan, an application for Detailed Development Plan may be submitted. This application and supporting documentation shall be reviewed by the Director of Planning and Development or his or her designee for compliance with the approved Preliminary Development Plan and if it is in substantial compliance with the adopted Preliminary Development Plan and subject to the submission of the application requirements located in Appendix B. Applications, Section 9. Planned Developments.
(a) Approval of a Detailed Development Plan, or first phase Detailed Development Plan shall be filed for review within six months after adoption of the Preliminary Development Plan by the Common Council. However, the Common Council may grant an extension of time for such period as it deems in the public interest.
(b) In the event that a Detailed Development Plan is not filed for review within the six month period or an approved extension of time, the action of the Common Council, adopting the relevant Preliminary Development Plan as a particular class of Planned District shall be declared null and void, and the land shall revert to the category or categories it held before being zoned as a “PD” District subject to the submission of approved Detailed Development Plan.
(11) The Director of Planning and Development shall coordinate a review of the Detailed Development Plan to include review by relevant city departments and Technical Advisory Committee. If the Director of Planning and Development, upon review finds major changes on the Detailed Development Plans, he or she shall forward the plans to the Plan Commission.
(12) A Detailed Development Plan shall be approved by all agencies and departments provided said detailed plan meets the requirements and intent of the adopted PD ordinance. All development plans shall conform to the adopted PD ordinance and exhibits.
(13) Appeal Procedure. The Plan Commission may, upon the applicant’s request, hear an appeal of the decision of the Director of Planning and Development, in regard to the Detailed Development Plan review action. This appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. An application for appeal to the Plan Commission must be filed (if at all) no later than 30 days after the action being appealed. The Plan Commission shall hold a public hearing on the application in accordance with § 159.040, Applications and Hearings. The Plan Commission may reverse, affirm, wholly or partially modify the decision of the Director of Planning and Development.
(14) No permit of any kind shall be issued for any purpose within the PD District except in accordance with the approved Detailed Development Plan and subject to all processes being completed pursuant to this chapter. The owner and/or developer shall also guarantee the completion of all required improvements and facilities, as set forth in applicable city regulations, except where varied by application of these procedures, whether said improvement or facilities shall become public or remain private, by either completing the improvements in advance of approval of the Detailed Site Plan or submitting irrevocable letters of credit in a form and from a financial institution acceptable to the city’s legal department (or an escrow department) in an amount equal to at least 110% of the construction cost estimate approved at the time said improvements and facilities are scheduled to be installed.
(Ord. 44-10-23, passed 11-14-23)