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(A) To identify the nature of planned unit developments on zoning maps, they shall be classified as one of the following four zones:
(1) PDRS, in which all buildings and land are developed for residential use and those activities customarily accessory to residential use;
(2) PDNR, in which no building or land is developed for residential use, but rather for commercial and/or industrial and/or recreational and/or some other nonresidential use;
(3) PDMX, in which buildings and land are developed as a mix of both residential and nonresidential uses; or
(4) PDCC, in which the only change proposed, involves either:
(a) The conversion to condominium ownership of a development which has received occupancy permits for all puts no less than three years prior; or
(b) The conversion to condominium ownership of an existing building in a CB or in a PD Zone adjoining or surrounded by a CB Zone; where there is no further division of land involved.
(B) Those PD Zones and overlays approved prior to the adoption of this Zoning Code shall be reclassified to one of the above four categories.
(Ord. passed 12-12-2002)
(A) Before filing a request for a rezoning petition to either PDRS, PDNR or PDMX, the petitioner must arrange a meeting with the Administrator. A pre-submission conference is not required for a rezoning request to PDCC.
(B) The petitioner shall bring a scaled site plan of the proposed planned unit development to the meeting. The site plan should show the location of proposed uses and major buildings, layout and classification of roads, all entrances and exits and any environmental sensitive areas. Also, the petitioner shall bring a chart detailing the phasing and a time frame for development.
(C) Discussion at the meeting shall include:
(1) The proposed treatment of environmentally sensitive areas;
(2) The petitioner’s intentions and objectives regarding land use, street improvements and utilities;
(3) The petitioner’s intentions assuring compatibility between uses proposed for the perimeter of the PUD and surrounding land uses and zoning classifications;
(4) The general availability of utilities to the site;
(5) The area’s current zoning pattern; and
(6) The classification of the proposed rezoning to a PD category.
(Ord. passed 12-12-2002)
(A) After the pre-submission meeting, or to initiate a PDCC action, the petitioner may file a rezoning request to one of the PD classification categories.
(B) This submission shall contain the following:
(1) A non-refundable processing fee as set by the Advisory Plan Commission;
(2) A signed and notarized petition to rezone containing a metes and bounds legal description, the PD classification category sought, and signed by the owner or owners of all property involved; or with a notarized affidavit of consent of all owners attached;
(3) A list of names, addresses and tax assessment parcel numbers of all property owner’s located adjacent to and directly across the street, alley or railroad right-of-way from the subject property;
(4) Two notices of public hearing, each with a metes and bounds or other legal description and the common address or location of the subject property;
(5) Two release letters authorizing the staff to submit notices of public hearings to the designated newspapers;
(6) A typed original and 16 copies of the proposed ordinance to rezone the property, using the sample format provided by the Administrator;
(7) Three sets of drawings, labeled “draft plan,” to include a recorded boundary survey satisfying the requirements of 865 I.A.C Art. 1, Rule 12;
(8) If dividing land, three copies of the preliminary plat prepared by a registered land surveyor. Detailed instructions on the information to be provided on said preliminary plat can be obtained from the Administrator;
(9) Three copies of any proposed covenants and horizontal property ownership and owner’s association documents written in plain language with a table of contents; and
(10) Signatures from the representatives of all checkpoint agencies, or post office receipts of certified mailing indicating receipt of one set of items listed as divisions (B)(7) through (B)(9) above. The checkpoint agencies are:
(a) Design Review Board;
(b) Director of Public Works and Safety Police Department;
(c) Fire Department;
(d) Parks and Recreation Department School Corporation;
(e) County Soil and Water Conservation District; and
(f) Other agencies having jurisdiction in areas potentially affected by the petitioner’s proposed development.
(C) If the petitioner fails to meet the filing requirements of division (B) above within six months of the pre-submission meeting, the petitioner shall reschedule a new pre-submission meeting in order to continue the project.
(Ord. passed 12-12-2002)
(A) The purpose of the required review meeting is to give the Administrator and checkpoint agency representatives an opportunity to recommend revisions to the draft plan submission and to discuss these recommendations with the petitioner and the petitioner’s representatives.
(B) The Administrator shall determine if the petitioner’s submission is complete. Within 30 days of the finding of a complete submission, the required review meeting shall be held. Written notice shall be sent to the petitioner, the petitioner’s representatives, the checkpoint agencies and the Advisory Plan Commission stating the time and place of the required review meeting.
(C) If the submission is incomplete, the petitioner shall be provided written notice of the deficiencies. The required review meeting shall not be scheduled until the deficiencies are addressed by the petitioner.
(Ord. passed 12-12-2002)
(A) Following the required review meeting, the petitioner shall submit a preliminary plan no later than three weeks before the proposed public hearing of the rezoning petition. A complete preliminary plan submission shall contain the following:
(1) Eight sets of drawing labeled “preliminary plan.” These drawings must contain all the elements of the draft plan plus the changes resulting from the required review meeting;
(2) If dividing land, eight copies of the preliminary plat shall be included within the preliminary plan. The plat shall be prepared by a registered land surveyor; and
(3) Eight copies of any covenants and horizontal property ownership and owner’s association documents written in plain language with a table of contents.
(B) If the petitioner fails to meet the preliminary plan submission requirement within six months of the required review meeting, his or her rezoning petition shall be void. If the petitioner wishes to continue the project, a new pre-submission meeting is required.
(Ord. passed 12-12-2002)
(A) The rezoning petition and preliminary plan shall be heard by the Advisory Plan Commission as a petition for Zoning Code amendment. Upon hearing the request the Plan Commission may recommend either approval, amendment or disapproval of the preliminary plan.
(B) The Commission may impose reasonable conditions with its recommendation. However, if the Commission requires changes in design, regarding the proposed site, utilities or landscape plans, then the Commission shall vote to recommend amendment. In this case, the petitioner may resubmit a second preliminary plan for rehearing by the Commission at a later date.
(C) If the Commission recommends approval or disapproval, the eight sets of the preliminary plan shall be stamped with that recommendation and signed by the President and Secretary of the Commission. Distribution of the plan sets shall be as follows: One set shall be retained in the office of the Commission; two sets shall be returned to the petitioner, four sets shall be distributed to the affected gas, electric, telephone and cable television utilities, and one set shall be certified to the legislative body for adoption as a Planned Unit Development Zone.
(D) The legislative body may adopt or defeat the certified preliminary planned unit development, but shall not amend the plan. If adopted by the legislative body, the petitioner may prepare final detailed plans.
(Ord. passed 12-12-2002)
(A) The petitioner may submit final detailed plans after rezoning to PDCC by the legislative body. The Administrator shall approve the final detailed plans before recordation.
(B) A complete PDCC final detailed plan submission shall contain:
(1) Evidence that any conditions imposed at the hearing of the Advisory Plan Commission have been met;
(2) A minimum of eight sets of drawings labeled “final detailed plan: condominium conversion” shall be submitted. The content of the submission shall be the same as the approved preliminary plan except that any imposed conditions will be addressed; and
(3) A minimum of eight signed copies of any covenants and horizontal property agreement and owner’s association documents.
(C) The Administrator shall review the PDCC final detailed plan submission. If the submission is complete and the conditions imposed by the Advisory Plan Commission are met, then the Administrator shall approve the final plan. A copy of the final plan shall be provided to the Advisory Plan Commission. If the Administrator finds that the PDCC final detailed plan submission is incomplete, the petitioner shall be so notified in writing.
(Ord. passed 12-12-2002)
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