Notice of Public Hearing
Proposed Changes to Unified Development Ordinance
Plan Commission Board will appoint a Plat Committee in accordance with
Indiana Code 36-7-4-701
Notice is hereby given in compliance with Indiana Code 36-7-4-604(c) the Plan Commission of Noble County will hold a Public Hearing to consider amendments to the text of the Unified Development Ordinance. The Public Hearing is to be held in the Dekko Meeting Room in the lower level of the South Complex, 2090 N SR 9, Albion, IN on September 16, 2015 at 7:00PM. Complete copies of the proposed changes are available for examination at the Plan Commission Office.
SUMMARY OF THE PROPOSED CHANGES FOLLOWS:
A.) Article 1.24(B) Plan Commission Powers will be amended as follows:
1. Staff: Hire, remove, and determine job descriptions for support staff with the Plan Commission Office.
2. Committees: Establish advisory committees as necessary.
3. Plat Committees: Establish plat committees with authorization to approve subdivisions of land pursuant to Indiana Code 36-7-4-701(e)
4. Funding: Seek funding assistance through grant programs as necessary.
5. Distribution: Distribute copies or summaries of the Noble County Comprehensive Plan or Unified Development Ordinance to the general public and development community.
6. Compensation: Determine the compensation for support staff and members as provided within the budget submission to County Commissioners.
7. Other: Other powers as may be permitted by Indiana Code.
B.) Article 9.05(A) Process for Subdivision of Land will be amended as follows:
A. Subdivision of Land: An application for Subdivision Plat to divide an existing lot in order to create additional lots shall be required to be reviewed and approved by the Plan Commission or a Plat Committee appointed in accordance with IC 36-7-4-701 by the Plan Commission. This process also applies to any two (2) or more buildable lots being combined into a single buildable lot. Divisions of land recorded at the Office of the Noble County Recorder without being approved by the Plan Commission or approved as an Administrative Subdivision shall not result in buildable lots. See Section 9.15: Subdivision of Land; Major Subdivision Plat; Primary Plat, Section, 9.17: Subdivision of Land; Minor Subdivision Plat, or Section 9.18: Subdivision of Land; Administrative for applicability and applicable standards.
C.) Article 9.17 (E) Subdivision of Land; Minor Subdivision Plat will be amended as follows:
E. Primary Plat Procedure:
1. Assignment: An application for Minor Subdivision Primary Plat, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and, if heard by the Plan Commission, placed on the first Plan Commission agenda that occurs at least ten (10) days after the date the legal notice was published or notices were mailed. If the Minor Subdivision Primary Plat is to be heard by an appointed Plat Committee the petition may be placed on the first available agenda pursuant to IC 36-7-4-701 The Zoning Administrator shall notify the applicant in writing of the meeting date.
3. Public Notice: The following public notice standards apply to an application for Minor Subdivision Primary Plat. All costs associated with providing public notice shall be paid by the applicant.
a. For hearings before the Plan Commission the Zoning Administrator shall provide public notice pursuant to IC 36-7-4-706.
b. For hearings before a Plat Committee the Zoning Administrator may provide public notice pursuant to IC 36-7-4-701.
c. The Zoning Administrator shall be responsible for providing proof of a published notice to the Plan Commission or its Plat Committee which will then be archived in the case file.
4. Attendance: The applicant shall be present at the Plan Commission or Plat Committee meeting to present and explain the application for a Minor Subdivision Primary Plat, and address and discuss comments and concerns posed by the Plan Commission or Plat Committee. Failure to appear shall result in the dismissal of the application for a Minor Subdivision Primary Plat.
5. Public Hearing: A public hearing shall be held in accordance with the Plan Commission Rules of Procedure.
6. Review: At their regularly scheduled public meeting, the Plan Commission or Plat Committee
• The application, supporting information, and the Site Plan for a Minor S Subdivision Primary Plat,
• Testimony of the applicant,
• Information presented in writing or verbally by the Zoning Administrator,
• Input from the public during the public hearing,
• Applicable provisions of this Unified Development Ordinance, and
• Any other information as may be required by the Plan Commission to evaluate the application.
7. Decision:
a. The Plan Commission or Plat Committee shall make findings of fact and take final action, or continue the application for a Minor Subdivision Primary Plat to a defined future meeting date.
b. The Plan Commission or Plat Committee shall make the following findings of fact. Findings, or lack of findings, may be in the form of a general statement.
i. The subdivision of land is consistent with the Noble County Comprehensive Plan.
ii. The subdivision of land satisfies the standards of Article 6: Subdivision Types.
iii. The subdivision of land satisfies the standards of Article 7: Design Standards.
iv. The subdivision of land satisfies all other applicable provisions of this Unified Development Ordinance.
c. Final Action:
i. If the Plan Commission or Plat Committee by vote finds all of the findings of fact in the affirmative, it shall approve or approve with commitments the application for a Minor Subdivision Primary Plat.
ii. If the Plan Commission or Plat Committee by vote does not find all of the findings of fact in the affirmative, it shall deny the application for a Minor Subdivision Primary Plat.
d. The Plan Commission or Plat Committee may require the applicant to put in writing commitment concerning the Minor Subdivision Primary Plat. Written commitments, if applicable, shall be packaged with the Minor Subdivision Secondary Plat.
GEOGRAPHIC AREA AFFECTED: All unincorporated areas of Noble County
Objections and Comments: Written objections may be filed with the Plan Commission and will be considered at the hearing. Oral comments will be heard at any scheduled hearing in accordance with the hearing rules of the Plan Commission.
Continuance of Public Hearing: At the Plan Commission’s discretion, the public hearing may be continued to other dates.
Final consideration of the Plan Commission’s recommendation by the Noble County Board of Commissioners is scheduled to be heard on Monday, September 28, 2015 at 10:30 am the Courthouse, 101 North Orange St, Albion, IN
Teresa Tackett
Noble County Plan Commission
Plan Commission Secretary
OFFICE: 2090 North State Road 9, Suit A
Albion IN 46701