Department of Development Services Phone A1 317-852-1128 Fax 317-852-1134 ZONING MAP AMENDMENT Department of Development Services Revised 02/2015 Page 1 of 14
TABLE OF CONTENTS Introduction 3 Application Requirements 4 Contacts 5 Sample Area Map 6 Example Interested Parties List 7 Sample Newspaper Legal Notice 8 Sample Letter Notice To Interested Parties 9-10 Project Public Notice 1 Public Notice F.A.Q. 2 Application 11-14 Application Form 1-2 Affidavit & Consent of Property Owners 3 Notice To Interested Parties Affidavit 4 Department of Development Services Revised 02/2015 Page 2 of 14
DEFINITION: An official change in the zoning district of a property, allowing different land uses (residential, commercial, industrial, etc.) and density (number of dwelling units or size of buildings) requirements on that property. Article 7.13 Zoning Map Amendment (Rezoning): A. Purpose and Intent: It may become necessary to change the zoning of an area or a lot, thereby amending the Official Zoning Map. The Plan Commission has the authority to hear a proposal to amend the Official Zoning Map. This process is typically known as a rezoning of land. The Plan Commission shall make a recommendation to the Brownsburg Town Council concerning a proposal to amend the Official Zoning Map. The Town Council has the power to approve or deny a proposal to amend the Official Zoning Map. B. Project Applicability: 1. Jurisdiction: Areas or lots shall be located within the jurisdictional area of the Plan Commission. 2. Previously Denied Applications: The Zoning Administrator shall refuse to accept an application for a Rezoning C. Prerequisites: that has been denied by the Brownsburg Town Council within the last twelve (12) months. However, the Zoning Administrator shall have the authority and discretion to determine that an application for a Rezoning containing major changes may justify refiling within the aforementioned twelve (12) month period. 1. Eligible Applicants: An application for Zoning Map Amendment shall be initiated by the owner 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 the owner shall accompany the application. 2. Pre-application Meeting: Prior to submitting an application for Zoning Map Amendment, the applicant shall meet with the Department of Development Services 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 site. D. Filing Requirements: An application for a Rezoning shall be made on a form provided by the Zoning Administrator. E. Formal Procedure: The Process for a Zoning Map Amendment, including public notice, public hearing, and review, shall be per the Plan Commission s Rules of Procedure. 1. Decision: a. Final Action: The Plan Commission shall certify the amendment to the Official Zoning Map and Forward the application to the Brownsburg Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation. The Plan Commission may also recommend commitments and conditions concerning the use and/or development of the land in connection with the application for Rezoning. The Town Council shall make the final determination regarding an application for Rezoning, may add conditions of the action, and may accept or reject commitments made by the applicant or proposed by the Plan Commission. F. Duration: A rezoning shall be effective from the date of its final approval by the Brownsburg Town Council. G. Modification: Modification to an approved Zoning Map Amendment shall not be permitted. The only means to modify a Zoning Map Amendment is through a new application or Zoning Map Amendment. Department of Development Services Revised 02/2015 Page 3 of 14
Application Submittal Requirements: A. Pre-Filing Meeting The following information, documents and fees are required when filing an application for to be heard by the Brownsburg Advisory Plan Commission: Applicant is required to attend a Pre-filing meeting with the Department of Development Services a minimum of one (1) business day prior to the 15th of the month prior to the month you want to be heard (Contact: developmentservices@brownsburg.org) B. Application and required submittals Completed application with notarized signatures Application Fee (Non-refundable fee must be paid when application is filed) a. Zoning Map Amendment Fee: $750 + $25.00 per acre. Affidavit and Consent of property owner Area Map and legal description of subject property. Detailed Statement of Reasons Applicant must place a legal ad in the Hendricks county flyer one time at least ten (10) days prior to the advertised public hearing. a. Contact the Hendricks County Flyer Group for their deadlines to ensure your ad will appear a minimum of ten (10) days prior to the Advisory Plan Commission meeting. (Legal advertisements must comply with I.C. 5-3-1, et seq.) Hendricks County Flyer Group www.flyergroup.com 8109 Kingston Suite 500 Avon, IN 46123 Phone: 317-272-5800 Fax: 317-272-5887 b. Notice to Interested Parties must be completed in compliance with Rule 4.5 of the Rules of Procedure of the Brownsburg, Indiana Advisory Plan Commission. c. All of the following must be filed with the Department of Development Services a minimum of three (3) days prior to the Meeting: Notice to Interested Parties Affidavit (original). Notification Letter (1 copy). Certificate of Mailing Booklet. Proof of Publication Affidavit (original from newspaper). Assistance can be sought in preparation of the application from the Department of Development Services; however, the major execution rests with the Applicant. Applicants may choose to have an attorney or their consultant prepare the application and represent them at the hearing, though this is not a requirement. Department of Development Services Revised 02/2015 Page 4 of 14
Contacts Indiana Department of Transportation Letha Coffing INDOT, Crawfordsville District 41 W. 300 N. P.O. Box 667 Crawfordsville, IN 47933 765.361.5252 Hendricks County Drainage Board Hendricks County Surveyor s Office 355 S. Washington Street #214 Danville, IN 46122 317.745.9237 Wessler Engineering (stormwater/erosion control and post construction) 6219 South East Street Ste. A Indianapolis, In 46227 317.788.4551 VS Engineering (Traffic impact studies) 4275 North High School Road Indianapolis, IN 46254 317.293.3542 Water Utilities Town of Brownsburg Water Department 61 North Green Street Brownsburg, IN 46112 317.852.1138 Citizens Energy Group 2020 North meridian Street Indianapolis, IN 46202 317.924.3311 Sewer Utilities Town of Brownsburg Wastewater Department 61 North Green Street Brownsburg, IN 46112 317.852.1114 West Central Conservancy District 243 South County Road 625 East Avon, IN 46123 317.272.2980 Aqua Indiana (Hendricks Regional Sewer District) 317.745.4928 Stormwater Town of Brownsburg Stormwater Department 61 North Green Street Brownsburg, IN 46112 317.852.1128 Department of Development Services Revised 02/2015 Page 5 of 14
SAMPLE- AREA MAP All owners of real property to a depth of two (2) ownerships or six hundred and sixty (660) feet from the boundaries of the property subject to application, whichever is greater, must be noticed. Subject Property 660 Buffer around subject property/properties that must be notified. Creating Area Map for Notices 1. Go to http://beacon.schneidercorp.com/?site-townofbrownsburgin 2. Select Property Search then click Enter 3. Search Property as follows: Searching by Name (Last First): Smith John Searching by Address: 123 E Main St. or 1234 E County Road 350 N Searching by state parcel #: 32-08-16-123-005.000-016 4. Select Map tab at top of report page (Parcel should be highlighted). 5. Above picture should appear a row of tools. 6. Select Spatial selection tool from tool bar. 7. Select Parcels from dropdown menu. 8. Replace 100 with 660, then click Buffer. 9. Map will re-adjust and select all parcels within the set parameters. 10. Print the map by selecting Print from tool bar. 11. Select Results tab at top of page. 12. At bottom of results page, download Comma Separated Values (.CSV) sheet 13. Email a copy of this report and map to developmentservices@brownsburg.org for staff review. Department of Development Services Revised 02/2015 Page 6 of 14
EXAMPLE INTERESTED PARTIES LIST The following is an example of the list of interested parties generated by going to the following website and generating a 660 foot buffer around the subject property (see Sample Area Map for more details): HTTP://BEACON.SCHNEIDERCORP.COM/?SITE=TOWNOFBROWNSBURGIN Department of Development Services Revised 02/2015 Page 7 of 14
SAMPLE NEWSPAPER LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE TOWN OF BROWNSBURG ADVISORY PLAN COMMISSION Notice is hereby given, pursuant to I.C. 5-3-1-2, that the Town of Brownsburg Advisory Plan Commission (the Plan Commission ) will conduct a public hearing regarding an application for Case No., a Zoning Map Amendment to be known as, situated on acres of real estate. The application was filed by (the Applicant ) to rezone the real estate for the purpose(s) of:. The real estate subject to this application is generally described as follows: Insert Legal Description And more commonly known as: Insert Property Address/General Location and State Parcel Number Here The public hearing will be held at 6:00 p.m. on the day of, 20 at the Town Hall, Council Meeting Room, 61 N. Green Street, Brownsburg, Indiana 46112 where all interested parties will be given an opportunity to testify regarding the proposal. The application and file on this matter is available for examination at the Department of Development Services, between the hours of 8:00 A.M. to 4:00 P.M., Monday through Friday, exclusive of legal holidays, at the above address. Written objections must be filed with the Department of Development Services by the date of the hearing to be considered by the Plan Commission. Dated this day of, 20. _ Applicant Department of Development Services Revised 02/2015 Page 8 of 14
Legal Notice of Public Hearing Zoning Map Amendment ADVISORY PLAN COMMISSION TO WHOM IT MAY CONCERN: of the Brownsburg Advisory Plan Commission 61 N. Green Street, Council Room, Brownsburg, IN 46112 (317) 852-1128 You are receiving this notice of a public hearing as a nearby property owner. A Public Hearing held before the Advisory Plan Commission has been scheduled for day of, 20, at 6:00 P.M. in the Town Council Meeting Room of Brownsburg Town Hall, located at 61 N. Green Street, Brownsburg, Indiana. At this hearing, the Advisory Plan Commission will consider the following application: Case Number: Address: General Location: Zoning: Applicant: Request: The legal description and the details of the proposal are on file in the Department of Development Services, Room 110, Town Hall, located at N. Green Street, Brownsburg, Indiana. All information may be reviewed between the hours of 8:00 A.M. to 4:00 P.M., Monday through Friday, excluding legal holidays. All interested persons wishing to speak to this application, either for or against, will be given an opportunity to be heard, in accordance with the Brownsburg Plan Commission Rules of Procedure. Written objections must be filed with the Department of Development Services by the date of the hearing to be considered by the Plan Commission. The hearing may be continued to a future date, from time to time, when found necessary. Any change in room location will be posted in the Public Notice display at Town Hall. To ensure a fair hearing, contacting any member of the Advisory Plan Commission regarding a pending or future proposal is strictly PROHIBITED by the Brownsburg Advisory Plan Commission Rules of Procedure and Indiana State Statute. Signature: Printed Name: Street Address: City, State, Zip: Applicant Or Agent for Applicant Contact Information Phone Number: FAX: Email: **Please see reverse side for additional information** ***A color map of the subject property MUST be included with this notice*** The Town of Brownsburg acknowledges its responsibility to comply with the Americans with Disabilities Act of 1990. In order to assist individuals with disabilities who require special services (i.e. sign interpretive services, alternative audio/visual devices, and amanuenses) for participation in or access to Town sponsored public programs, services, and/or meetings, the Town requests that individuals makes requests for these services two business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact us at 317-852-1128. Department of Development Services Revised 02/2015 Page 1 of 2
General Information about this Legal Notice for a Public Hearing of the Brownsburg Advisory Plan Commission Why am I getting this? Do I need to do anything or go anywhere? What is the Advisory Plan Commission? What is a Zoning Map Amendment? You are receiving this formal notice because you are either a property owner within two properties distance or within 660 feet of the property which is the subject of this application. This notice does NOT require you to attend the hearing or do anything. This notice simply informs you that an application has been filed pertaining to property near you and that you have the opportunity to be informed and speak to that application. The Brownsburg Advisory Plan Commission is a body authorized by State Statute. The Advisory Plan Commission has the authority to approve or deny applications pertaining to the Brownsburg Zoning Ordinance. It is an official change in the zoning district of a property, allowing different land uses (residential, commercial, industrial, etc.) and density (number of dwelling units or size of buildings) requirements on that property. May I contact the Applicant? May I contact the Department of Development Services? What about commitments or conditions? Where can I get more information? Yes. The Applicant s contact information is on the front side of this notice. Yes. While you cannot contact the Advisory Plan Commission members directly, you may contact the Department of Development Services. A Development Services staff member is available to discuss questions you may have regarding the hearing process or the basis for the staff recommendation. The Department may be reached at (317) 852-1128, or by email at developmentservices@brownsburg.org. If the application is approved, commitments or conditions may be attached to its approval. After the hearing process has been completed, the commitments or conditions may be obtained by submitting a public records request to the Town Manager s Office at the following URL: http://laserfiche.brownsburg.org/forms/publicrecordsrequest In addition to contacting the Applicant or Town Staff, as indicated above, you might also find more information on the Town of Brownsburg Website or in your local public library. STAFF CONTACT: NAME: Todd A. Barker, AICP Jonathan K. Blake David G. Wilson Heather Wetzel TITLE: Director of Development Services Senior Planner Planner Administrative Assistant PHONE: 317-852-1128 317-852-1128 317-852-1128 317-852-1128 EMAIL: tbarker@brownsburg.org jblake@brownsburg.org dwilson@brownsburg.org hwetzel@brownsburg.org Department of Development Services Revised 02/2015 Page 2 of 2
APPLICATION PROJECT NAME: ENERGOV #: APC DOCKET #: APPLICATION FEE: RECEIPT #: RECEIVED STAMP COMPLETE THE FOLLOWING: Company: Applicant: Name: Email: Address: City, State: Zip code: Phone #: Cell #: Fax #: Applicant is (Check one): Sole Owner Joint Owner Tenant Agent Other (Specify): Company: Owner: Name: Email: Address: City, State: Zip code: Phone #: Cell #: Fax #: Company: Project Contact: Name: Email: Address: City, State: Zip code: Phone #: Cell #: Fax #: Property Address: Subdivision Name: Project Information: Property Type: Residential Nonresidential Parcel Numbers: Acreage: Township: Section#: Township#: Range#: Department of Development Services Revised 02/2015 Page 1 of 4
ADVISORY PLAN Present Zoning: COMMISSION Surrounding Properties: Proposed Zoning: Present Use: Direction: North South Phone 317-852-1128 East Fax 317-852-1134 West Zoning: Use: Legal Description: (See Attached Description if required and Map) (Attach additional pages if required.) Project Description: (Comprehensive Plan Goals/Objectives) Application Notarization: I, hereby, certify that I have the authority to make the above application, and that all information, statements and attached exhibits, to the best of my knowledge, are true and correct. Signature of Applicant STATE OF ) ) SS: COUNTY OF ) Printed Name BEFORE ME, the undersigned, a Notary Public in and for said County and State, personally appeared, who acknowledged the execution of the above and foregoing instrument to its voluntary act and deed on the day of, 20. Commission Expiration Date County of Residence Notary Printed Name Department of Development Services Revised 02/2015 Page 2 of 4
AFFIDAVIT & CONSENT OF PROPERTY OWNER That I/we after first being duly sworn, depose and say: That I am/we are the owner(s) of the Real Estate located at: (Legal and/or common address) Parcel Number(s): That I/we have read and examined the application for Zoning Map Amendment, and I/we are familiar with its contents. That I/we have no objections to, and consent to such request as set forth in the application. Signature of Affiant Print Name STATE OF ) ) SS: COUNTY OF ) BEFORE ME, the undersigned, a Notary Public in and for said County and State, personally appeared, who acknowledged the execution of the above and foregoing instrument to its voluntary act and deed on the day of, 20. Commission Expiration Date County of Residence Notary Printed Name Department of Development Services Revised 02/2015 Page 3 of 4
NOTICE TO INTERESTED PARTIES AFFIDAVIT That I have notified by Certificate of Mailing, all landowners who are located within a six hundred (660) foot radius or two (2) properties deep, whichever is greater, of my property located at, (Legal and/or common address) Brownsburg, IN. That the said property owners were informed by me of the filing of my application for Zoning Map Amendment and of the nature of said application as provided in the Rules of Procedure of the Brownsburg Advisory Plan Commission. That the property owners were also notified that the Advisory Plan Commission will hold a Public Hearing regarding this application on Day of, 20. That the names and addresses of said property owners so notified are listed on Exhibit A of this Affidavit. Signature of Affiant Print Name STATE OF ) ) SS: COUNTY OF ) BEFORE ME, the undersigned, a Notary Public in and for said County and State, personally appeared, who acknowledged the execution of the above and foregoing instrument to its voluntary act and deed on the day of, 20. Commission Expiration Date County of Residence Notary Printed Name Department of Development Services Revised 02/2015 Page 4 of 4