(A) Purpose and intent.
(1) Planned development district ordinance. The purpose of the Planned Development District ordinance is to:
(a) Designate, or rezone, a parcel of land as a planned development zoning district;
(b) Specify uses or a range of uses permitted in the planned development zoning district;
(c) Specify development requirements in the planned development zoning district;
(d) Specify the plan documentation and supporting documentation that may be required;
(e) Specify any limitation applicable to the planned development zoning district; and
(f) Meet the requirements of I.C. 36-7-4-1500 et seq.
(2) Establishment plan. The purpose of an establishment plan is to delineate basic elements such as land uses, vehicular and pedestrian traffic patterns, drainage, perimeter bufferyards and the like.
(B) Project applicability. Proposals for new planned developments shall meet the standards of this section.
(C) Prerequisites.
(1) Ownership. Planned developments shall be initiated by the owners of the land involved in the development or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from all owners shall accompany the application.
(2) Pre-application meeting. Prior to submitting an application for a planned development, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, review regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property.
(D) Filing requirements.
(1) Application. Application for a planned development shall be made on a form provided by the Zoning Administrator.
(2) Supporting information. The application for a planned development shall be accompanied by the following information:
(a) A list of names and mailing addresses of all known adjacent property owners. The measurement shall include any adjacent property regardless if a road, river, railroad or other physical barrier exists. This information may be obtained from the County Auditor’s office;
(b) Survey and legal description of the proposed site of the planned development;
(c) The establishment plan that conceptually delineates the basic physical elements of the planned developments including land use, circulation and perimeter buffers;
(d) A draft of the Planned Development District ordinance that includes proposed development standards for all land uses within the planned development; and
(e) Any other information requested in writing by the Plan Commission or Zoning Administrator.
(3) Deadline. Thirteen hard copies of the application for a planned development; 13 hard copies of all supporting information; one digital copy of the application for a planned development and all supporting information in .pdf (portable document format); and one digital copy of any drawings in .dwg file format shall be submitted 28 days prior to the public meeting at which it is first to be heard by the Plan Commission.
(4) Fees. Applicable fees shall be paid at the time the application for a planned development is filed.
(E) Formal procedure.
(1) Assignment. An application for a planned development, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Plan Commission agenda that occurs 28 days after the planned development was submitted in its entirety. The Zoning Administrator shall notify the applicant in writing of the date of the meeting.
(2) Internal review. Upon assignment of a case number and hearing date, the Zoning Administrator shall review the application for a planned development and all supporting information. While the establishment plan is conceptual, the Zoning Administrator may forward the establishment plan and any other relevant information to the Technical Review Committee, Plan Commission legal counsel, Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, County Surveyor’s Office, Utility Departments or other applicable agencies. The Zoning Administrator may submit a written report to the Plan Commission stating facts concerning the physical characteristics of the area involved in the planned development, the surrounding land use, public facilities available to service the area or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the planned development and information from any other agencies that reviewed the planned development. A copy of such report shall be made available to the applicant and all remonstrators.
(3) Public notice. The following public notice standards apply to an application for a planned development. All costs associated with providing public notice shall be borne by the applicant.
(a) The Zoning Administrator shall notify all interested parties of the public hearing by regular U.S. mail a minimum of ten days before the public hearing.
(b) The Zoning Administrator shall publish legal notice in a newspaper of general circulation a minimum of ten days before the public hearing.
(c) The Zoning Administrator shall be responsible for providing proof of published notice to the Plan Commission and including proof in the case file.
(4) Attendance. The applicant shall be present at the Plan Commission meeting to explain the proposed planned development and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for a planned development.
(5) Public hearing. A public hearing shall be held in accordance with the Plan Commission rules of procedure.
(6) Review. At its regularly scheduled public meeting, the Plan Commission shall review:
(a) Application for a planned development;
(b) Planned development district ordinance draft;
(c) Establishment plan;
(d) The city’s Comprehensive Plan;
(e) Current conditions and the character of current structures and uses in the area;
(f) The most desirable use for which the land in the area is adapted;
(g) The conservation of property values throughout the jurisdiction;
(h) Responsible development and growth;
(i) The testimony of the applicant;
(j) Relevant evidence presented by other persons;
(l) Any applicable provisions of this chapter;
(m) The Zoning Administrator’s report or any other documents provided by other departments or agencies; and
(n) Any other additional information as may be required by the Plan Commission to evaluate the application.
(7) Decision. The Plan Commission shall take final action or continue the application for a planned development to a defined future meeting date.
(a) Final action. The Plan Commission shall certify and forward the application for a planned development to the Common Council with:
1. A favorable recommendation;
2. A favorable recommendation and with recommendations for commitments and/or conditions;
3. An unfavorable recommend- ation; and
4. No recommendation.
(b) Revisions. If the certified version of the Planned Development District ordinance or establishment plan was revised during the process of Plan Commission review, the Zoning Administrator shall make the revisions to the Planned Development District ordinance and the applicant shall make the revisions to the establishment plan so the Common Council receives the certified versions of the Planned Development District ordinance and establishment plan.
(8) Commitments and conditions. In conjunction with its recommendation to the Common Council, the Plan Commission may recommend written commitments and/or conditions for approval. Commitments and/or conditions shall be recorded in the office of the County Recorder within 30 days of the Common Council’s approval of the Planned Development District ordinance and establishment plan. The applicant shall deliver a copy of the recorded commitments and/or conditions to the Zoning Administrator before proceeding with Step 2 and filing a planned development detailed development plan.
(F) Duration. If Step 2, a planned development detailed development plan, has not been filed within one year of the date the Common Council approved the Planned Development District ordinance and the establishment plan, the approval expires and a new application for a planned development shall be submitted.
(G) Modification.
(1) Planned development district ordinance. An amendment to the text of the Planned Development District ordinance shall follow the process in § 165.467 (Text Amendment).
(2) Establishment plan. Modification to an establishment plan shall be explained and illustrated during a planned development detailed development plan review and approval process, unless the Zoning Administrator determines the modification is significant enough to change the character and intent of the planned development. In such cases, a new application for a planned development shall be required.
(3) Commitments and conditions. Commitments and conditions associated with a Planned Development District ordinance and establishment plan shall only be modified or terminated by a decision of the Common Council made at a public hearing.
(Ord. 10-2010, passed - -2010, § 9.10)