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GENERAL OULINE OF PLANNED UNIT DEVELOPMENT (DP) REZONING PROCESS
(Prepared by the Franklin Township Civic League)

THE FOLLOWING IS A GENERAL OUTUNE OF THE REZONING PROCESS FOR PETITIONS WHICH ARE FILED AS A PLANNED UNIT DEVELOPMENT.  MORE SPECIFIC QUESTIONS MAY BE DIRECTED TO THE CURRENT PLANNING SECTION OF THE DEPARTMENT OF METROPOLITAN DEVELOPMENT AT 327-5155

 (This description does not include any pre-filing meetings that may have taken place with elected officials or City employees or representatives.) 

PLANNED UNIT DEVELOPMENT PETITION REVIEW PROCESS­

1. The petition is filed with the Department of Metropolitan Development (DMD)

2. The current planning staff at DMD schedules a pre-hearing "DP" meeting between the petitioner and critical City Department representatives within 25 days.

3. DMD sends legal description and petition to IMAGIS (the City's computerized mapping system) for plotting. DMD sends petition information to appropriate City agencies for comment.

4. DMD provides notice of the DP meeting to registered neighborhood associations.

5. Pre-hearing meeting (or meetings) held to discuss proposed project and address land use and infrastructure issues.  DMD staff will typically determine the number of necessary meetings.

6. At the conclusion of the DP Review Process, the petition will follow the steps for the actual rezoning process. 

REZONING PROCESS FOR PLANNED UNIT DEVELOPMENT PETITIONS

1. The petition is scheduled for public hearing. (petitions which have undergone the DP Review Process are typically, but not always, scheduled to go directly before the Metropolitan Development Commission.)

2. DMD determines hearing date before the Metropolitan Development Commission.

3. Petitioner obtains names and addresses of property owners entitled to legal notice. This includes properties which are within 660 feet or within two properties of the site proposed for rezoning.

4. DMD gives notices to petitioner along with list of registered neighborhood organizations and City County Councilors, affidavit of notice and notice placard. This will be done 30 days prior to the hearing.

5. Petitioner sends legal notices for the rezoning hearing to all those required to receive notice. This must be done 23 days prior to the hearing date.

6. DMD places notice in the newspaper 10 days prior to hearing date.

7. DMD planning staff develops recommendation 7 days prior to hearing.

8. Petitioners and remonstrators each have the opportunity to file for one (1) automatic 30 day continuance without cause.

• The request for automatic continuance must be filed with DMD no less than 7 days before the scheduled hearing date.
• Requests for additional "continuances for cause" may be made by an impacted party to the Metropolitan Development Commission at the scheduled hearing. MDC will determine whether or not to grant these continuances.

9. Metropolitan Development Commission hears the case.

• If the petition is approved, the petitioner submits commitments approved by the MDC.  The DMD then sends certifie approved petitions to the City County Council. The City County Council ratifies the MDC decision.
• If the petition is denied, the property may not be considered for another rezoning or variance petition for one year from the date of denial.

10. If the remonstrators do not agree with the decision of the MDC, they may request that the City County Councilor from the district which includes the subject property ask the full City County Council to hear the case.   If the councilor agrees, a date will be set to have the case heard by the Council. Any decision made by the Council will be final.  If the Councilor declines, the decision of the MDC will stand.

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