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Waterloo City Zoning Code

SECTION 5

DEVELOPMENT PLANS

5.1 PURPOSE OF DEVELOPMENT PLANS.

   The purpose of this section is to:
   A.   Designate development proposals that require the submission of a Development Plan;
   B.   Establish plan documentation and supporting information that must be submitted to allow for the review and action on a Development Plan.
   C.   Establish requirements that must be satisfied before the Plan Commission or the Zoning Administrator may approve a Development Plan.

5.2 INTENT OF DEVELOPMENT PLANS.

   A.   The intent of requiring Development Plan submission and review is to:
      1.   Promote and encourage quality development which has a positive impact on surrounding land uses and the overall community;
      2.   Allow for public, Plan Commission, and town staff review of and input on certain development applications. This input may include comments, recommendations, and/or requirements on the following:
         a.   The compatibility of the proposed development with surrounding zoning and land uses;
         b.   The availability, coordination, and adequacy of water, sanitary sewer, storm water drainage, and other utilities and/or facilities proposed to serve the development;
         c.   Traffic and transportation safety, roadway capacity, and traffic congestion in the immediate vicinity of the proposed development site;
         d.   Proposed entrance locations, street facilities, roadway improvements, and internal traffic circulation patterns;
         e.   Proposed signage, pedestrian circulation facilities, recreation space and facilities, outdoor lighting, landscaping, buffering, and screening;
         f.   The relationship between the design of the proposed development and public safety issues such as fire safety and crime prevention; and
         g.   The impact of the proposed development on existing natural site features.
      3.   Ensure that the Development Plan is consistent with the Waterloo Comprehensive Plan and satisfies the development requirements of the Zoning Ordinance.

5.3 PROPOSALS REQUIRING DEVELOPMENT PLAN APPROVAL.

   A.   Residential applications as follows:
      1.   Any new multi-family residential uses.
      2.   Any new manufactured home parks/subdivisions.
   B.   Business and industrial applications as follows:
      1.   Any new business and/or industrial uses.
      2.   Any proposed addition to an existing primary business or industrial structure which increases the gross floor area of the structure by over 10%.
   C.   All new public/institutional applications including, but not limited to:
      1.   Churches, synagogues, or other religious buildings or facilities;
      2.   Community Centers;
      3.   Parks;
      4.   Schools;
      5.   Libraries;
      6.   Government Offices;
      7.   Police/Fire Stations;
      8.   Any proposed addition to an existing public/institutional structure which increases the gross floor area of the structure by over 10%; and
      9.   New off-street parking areas, expansion of existing off-street parking areas, creation of new entrances and/or exits for existing off street parking areas.
   D.   New utility applications including, but not limited to:
      1.   Communication Towers;
      2.   Public Water Wells;
      3.   Sewage Lift Stations;
      4.   Telephone Switching Stations; and
      5.   Utility Substations.
   E.   Other uses similar to those described in Section 5.3 shall require Development Plan approval as determined by the Zoning Administrator.
   F.   Development plans shall be required for the uses described in Section 5.3, in all zoning districts as established in Section 3 of this appendix.

5.4 DEVELOPMENT PLAN MEETING.

   Before applying for an Improvement Location Permit for which a Development Plan is required, the applicant shall arrange a meeting with the Zoning Administrator. The purpose of this meeting is: (1) to acquaint the applicant with the standards, procedures, and requirements of this section, the Comprehensive Plan, and other applicable plans, ordinances, and laws; (2) to review the intent of the Development Plan procedures and application requirements; and (3) to make the applicant familiar with any potential issues or problems regarding the specific site or surrounding area.
   The applicant shall bring a scaled Development Plan of the proposed development to the meeting. The Development Plan should show the location of proposed uses and major buildings, layout and classification of roads, all entrances and exits, and any environmentally sensitive areas. Also, the applicant shall bring a chart detailing the phasing and a time frame for development.
   Discussion at the meeting shall include, but not be limited to:
   A.   The proposed treatment of environmentally sensitive areas;
   B.   The applicant's intentions and objectives regarding land use, street improvements, and utilities;
   C.   The applicants' intentions assuring compatibility between uses proposed for the perimeter of the project area and surrounding land uses and zoning classifications;
   D.   The general availability of utilities to the site; and
   E.   The areas’ current zoning pattern.
   The Zoning Administrator shall continue the pre-submission Development Plan meeting as needed.

5.5 FILING PROCEDURE.

   To apply for Development Plan approval, an Improvement Location Permit application form must be completed and required plans submitted along with the appropriate filing fee. The application form shall be signed by the owner of record of the real estate or the approved agent or representative of the owner included in the Development Plan.
   Complete Development Plan submissions shall include:
   A.   A non-refundable processing fee as set by the Plan Commission;
   B.   A signed application for an Improvement Location Permit containing a legal description signed by the owner or owners of all property involved; or with a notarized affidavit of consent of all owners attached;
   C.   The common address for the subject property and tax assessment parcel number(s);
   D.   Name, address, and phone numbers of the developer(s), and the land surveyor, architect or engineer who prepared the Development Plan;
   E.   A list of names, addresses and tax assessment parcel numbers of all property owners located adjacent to and directly across the street, alley, or railroad right-of-way from the subject property;
   F.   One copy of a boundary survey prepared by a registered land surveyor;
   G.   Any development plan proposal that includes the subdivision of land into lots will be considered a subdivision proposal and shall be submitted under the direction of the subdivision control ordinance;
   H.   Ten copies of the Development Plan, labeled draft, illustrating the following:
      1.   A vicinity map;
      2.   Date, north arrow, scale and proposed name of the development;
      3.   Plans drawn to scale showing actual dimensions and shape of the lot to be built upon;
      4.   The exact sizes and locations of all buildings, wells and septic systems already existing, if any;
      5.   The location and dimensions of the proposed building(s) or alteration;
      6.   Building setback distances from all property lines, and from existing and proposed right-of-ways;
      7.   Location of floodplain boundaries and/or wetlands, or potential wetlands as indicated on the National Wetland Inventory maps;
      8.   Drainage outlets;
      9.   The location of all streets and driveways;
      10.   Ingress and egress points;
      11.   Utility lines and easements;
      12.   Parking and loading areas;
      13.   Buffer landscaping or screening;
      14.   Proposed outdoor signage and outdoor lighting;
      15.   Designated open and/or recreational space;
      16.   Existing and proposed ground topography at a contour interval of one foot;
      17.   Existing land uses of immediately adjoining properties; and
      18.   Other information as required by the Plan Commission;
   I.   The Zoning Administrator shall distribute copies of the Development Plan to the following departments or agencies:
      1.   Local Government Agencies:
         a.   Waterloo Water Works;
         b.   Waterloo Sewer Works;
         c.   Waterloo Street Department;
         d.   Waterloo Fire Department;
         e.   Waterloo Police Department; and
         f.   DeKalb County Soil and Water Conservation District;
      2.   The following state-level agencies, if applicable:
         a.   Indiana Department of Natural Resources with regard to floodplain issues; and
         b.   Indiana Department of Transportation with regard to access from state or federal highways.
      3.   Any other agencies having jurisdiction in areas potentially affected by the applicants proposed development, as identified by the Zoning Administrator; and
   J.   If the applicant fails to meet the filing requirements of section 5.5 above within six months of the pre-submission Development Plan meeting, the applicant shall reschedule a new pre-submission Development Plan meeting in order to continue the project.

5.6 REQUIRED REVIEW MEETING.

   The purpose of the Required Review Meeting is to give the Zoning Administrator and Checkpoint Agency Representatives an opportunity to review and recommend revisions to the Development Plan and to discuss these recommendations and revisions with the applicant and applicant's representative. The required review meeting shall be held and concluded before a Development Plan is considered submitted for consideration.
   Prior to scheduling the Required Review Meeting, the Zoning Administrator shall review the Development Plan in order to determine if the information, documents and data required by this appendix are contained in the Development Plan. If the Development Plan is incomplete, the applicant shall be provided a written notice of deficiencies and the Required Review Meeting shall not be held until the deficiencies have been satisfactorily addressed. The Required Review Meeting shall be held as soon as possible following a determination by the Zoning Administrator that the Development Plan is ready for review. Written notice shall be sent to the applicant, the applicant's representatives, the checkpoint agencies, and the Plan Commission stating the time and place of the Required Review Meeting.
   Following the completion of the Required Review Meeting, the Development Plan is ready for submission.

5.7 DEVELOPMENT PLAN SUBMISSION REQUIREMENTS.

   A Development Plan shall be submitted to the Plan Commission for the Public Hearing Process no later than six months following the conclusion of the Required Review Meeting. The submission shall include a complete Development Plan with ten sets of drawings, labeled The Development Plan, seven of which may be reduced in size. These drawings must meet all of the elements of the Development Plan as required by this appendix and incorporate the revisions and the recommendations made at the required review meeting.
   If the applicant fails to meet the Development Plan submission requirement within six months of the required review meeting, the Improvement Location Permit application and the Development Plan Submission shall be considered withdrawn and void. Thereafter, if the applicant wishes to continue the project, the applicant must begin again with Section 5.5 of this appendix.
   The Zoning Administrator shall review the Development Plan submission for technical conformity with the Zoning Ordinance.
   A public hearing on the Development Plan shall be scheduled within 21 days after the date the Development Plan is submitted. The hearing will be held by the Plan Commission upon proper notification being given.

5.8 PUBLIC HEARING NOTIFICATION.

   After the Zoning Administrator has announced the date for a hearing before the Plan Commission, he/she shall:
   A.   Notify the applicant in writing;
   B.   Give notice of the hearing by publication in accordance with I.C. 5-3-1; and
   C.   Provide for due notice to interested parties at least ten days before the date set for the hearing. The Plan Commission shall determine who are the interested parties, how notice is to be given, and who is required to give that notice.

5.9 DEVELOPMENT PLAN HEARING AND DISPOSITION.

   A.   The Improvement Location Permit application and Development Plan shall be heard by the Plan Commission. At this time, the Plan Commission shall conduct a review to determine if the Development Plan:
      1.   Is consistent with the Comprehensive Plan; and
      2.   Satisfies the development requirements specified in the zoning ordinance under I.C. 36-7-4-1402 and 1403 as amended.
   B.   During the hearing process, the Plan Commission may require changes, impose conditions, and/or waive requirements toward the approval of the Development Plan. Those changes, conditions, and waivers must relate to the proposed site and may include, but are not limited to, drainage, lighting, streets and entrances, building locations, screening, signage, utilities, and landscape plans. A wavier of requirements may only be made if the requirement imposes an undue hardship on the property owner or threatens the health, safety and welfare of the surrounding property owners as determined by the Plan Commission. In the event that the Plan Commission requires such changes, the applicant shall either agree to the changes and revise the Development Plan accordingly, or withdraw the Development Plan, which will require a new hearing.
   C.   If the Commission approves the plan, three sets of the full-size Development Plan shall be stamped with the Plan Commission approval and signed by the President and Secretary of the Commission. Distribution of the Plan sets shall be as follows: One set shall be retained by the Plan Commission, and two sets shall be returned to the applicant.
   D.   An applicant, whose submitted plan has been disapproved by the Commission, as provided in this appendix, may not submit another plan for the same property for a period of one year after the date of signed findings for said disapproval.
(Ord. 05-03, passed 7-12-05)