(A) Applicability.
(1) Development plan review shall be required in all commercial zoning, M4 Planned Development-Commercial (PD-C) Districts, Commercial uses in Planned Development-Mixed (PD-M) Districts, and Agricultural Business (AG-B) Districts, in accordance with I.C. §§ 36-7-4-1400 through 36-7-4-1406, inclusive, as outlined hereafter.
(2) At any time a property owner seeks to apply for approval to begin new construction or to modify an existing structure such that it results in either an increase or decrease of total square footage of the structure of 25% or more in a geographic area zoned or to be zoned as C-l, C-2, C-3, M-l, PD-C, PD-M, or AG-B the property owner/petitioner shall prepare a preliminary development plan for submission to the Plan Commission.
(3) No person or business entity shall be permitted to operate a business on a location, subject to this chapter, without first obtaining approval of a development plan by the Plan Commission.
(B) Development plan submission. To initiate the procedure for review and approval of a preliminary development plan, the property owner/petitioner shall submit the proposed plan to the Zoning Administrator. The initial submission shall:
(1) Be made on forms available at the office of the Zoning Administrator and be submitted with the fee as set forth in § 150.26.
(2) Be accompanied by ten hard copies and one PDF electronic copy of the proposed preliminary development plan.
(3) Be accompanied by documentation indicating proof of an ownership interest in the subject property, such as but not limited to a deed, purchase contract, or a power of attorney, for review by the Commission's Attorney.
(4) Be filed by the first day of the month in which the petitioner will be attending the Plan Commission study session required below.
(C) Review procedure. The procedure for review and approval of the preliminary development plan shall he as follows:
(1) Petitioner shall attend a plan commission study session, as scheduled by the zoning administrator. At that study session, the petitioner shall provide sufficient individual copies of their proposed plan for all members of the Plan Commission. The petitioner will briefly describe their plan and receive comments from the Commission and staff.
(2) Petitioner shall then appear before the Technical Advisory Committee (TAC) for the committee's review. After review, the TAC shall take one of the following actions:
(a) Recommendation to Plan Commission for approval;
(b) Recommendation to Plan Commission for denial;
(c) Recommendation to submit additional information for review; or
(d) Recommendation to Plan Commission for approval with modifications.
(3) The petitioner may appeal a decision of the TAC to the Plan Commission.
(4) Following review by the TAC, petitioner shall appear at a regular or special Plan Commission public meeting to describe and present the final concepts, uses and intent of the proposed plan for consideration. After review, the Plan Commission shall take one of the following actions:
(a) Approval;
(b) Denial;
(c) Carry over for further consideration at the next regularly scheduled meeting;
(d) Request the petitioner to submit additional information for review, either by the Plan Commission or the TAC;
(e) Approval with conditions, if the conditions are reasonably necessary to satisfy the intent of this chapter; or
(f) Approval with written commitments, executed by the petitioner.
(E) Plan requirements. The preliminary development plan shall include both a map and written text and drawings in an electronic form containing the following information. The drawing format must be in either the current or previous version of the AutoDesk AutoCAD software. The submittal shall be provided to the town in a standard form of magnetic or optical media that is readable by the town information systems. Alternate drawing formats or means of submittal may be accepted upon prior approval from the town.
(1) Elevation and perspective drawing or model of proposed structures.
(2) A development schedule indicating:
(a) The approximate date for beginning construction;
(b) If staged, the approximate date for beginning construction of each stage;
(c) Agreements, provisions or covenants which govern the use, maintenance and continued protection of the development and common space;
(d) Plans and diagrams as required to fully explain the development proposal;
(3) Petitioner shall designate each lot's intensity of use on the plan;
(4) A detailed, written review of the following factors relevant to the development:
(a) Availability and coordination of water, sanitary sewers, storm water drainage, and other utilities;
(b) Management of vehicular and pedestrian traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community;
(c) Building set back lines;
(d) Building coverage;
(e) Building separation;
(f) Parking;
(g) Landscaping;
(h) Height, scale, materials and style of improvements;
(i) Signage;
(j) Outdoor lighting; and
(k) Noise;
(5) The development factors specified in number subdivision (E)(4)(a) above, concerning the availability and coordination of water, sanitary sewers, storm water drainage and other utilities shall be in full compliance with the subdivision control ordinance, as it may be amended from time to time;
(6) The development factors specified in subdivision (E)(4)(b) above, concerning the management of vehicular and pedestrian traffic shall ensure the following:
(a) That the design and location of proposed street and highway access points minimize safety hazards and congestion;
(b) That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development; and
(c) That the entrances, streets and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments;
(7) The development factors specified in subdivision (E)(4)(c), (d), (e), (f), (g), (h), and (i) concerning building setback liens, building coverage, building separation, parking, landscaping, height and materials, and signage shall be in full compliance with the requirements set forth in the zoning ordinance, as it may be amended from time to time. Additionally, with regard to subdivision (E)(4)(h), knox boxes shall be required to be installed on businesses that are not occupied 24 hours a day;
(8) The development factors specified in subdivision (E)(4)(j) above concerning outdoor lighting shall comply with § 156.048 of this Code;
(9) The development factors specified in subdivision (E)(4)(k) concerning noise shall only apply to development in a Light Industrial (M-I) District and shall ensure that the development complies with § 156.326; and
(10) The plan documentation and supporting information that must be supplied shall include the following:
(a) The location and character of the following:
1. Existing and proposed primary structures and accessory structures;
2. Utilities;
3. Signage; and
4. Landscaping.
(b) The nature and intensity of uses in the development;
(c) The condition and size of public thoroughfares and parking, vehicles, and pedestrian facilities; and
(d) The location and capacity of drainage facilities and sewer systems serving the development.
(Ord. 191, passed 6-15-2010; Am. Ord. 234, passed 5-13-2014; Am. Ord. 285, passed 3-13-2018) Penalty, see § 156.999