Marion County's Planning

How Is Marion County's Planning Different?

In Indianapolis, the Department of Metropolitan Development's (DMD) Division of Planning produces the Marion County Comprehensive Plan. The Metropolitan Development Commission (MDC) is the public body that rules on new development, including rezoning of property.

According to state law, the MDC is made up of 11 members: 5 appointed by the mayor, 3 by the city-county council, 2 by the county commissioners, and 1 by the Township boards. MDC members are not allowed to participate in a zoning hearing in which they have direct or indirect financial interest.

State law says that the purpose of planning is to ensure the health, safety, convenience, morals, economic development and general welfare of its citizens and "to plan for the future development of their communities." State law also states the MDC should ensure "that new communities grow only with adequate public way, utility, health, educational, and recreational facilities." The MDC is responsible for planning thoroughfares (through their role as the Metropolitan Planning Organization [MPO]), guiding land use policy, and recommending zoning of all Marion county lands to the City County Council. The MDC even has the power to grant tax abatements.

The MDC primarily hears petitions on zoning changes and variances of development standards. There are other bodies within the DMD that hear "plats," which is the process of dividing lands into smaller "plots" for development and other variances, but the MDC can rule on these in conjunction with a rezone petition. Traffic impact studies are conducted according to the Applicant's Guide, Transportation Impact Studies for Proposed Development.

In considering rezoning petitions, the MDC and the City-County Council shall pay reasonable regard to the comprehensive plan, current conditions and the character of current structures and uses in each district, the most desirable use for which the land in each district is adapted, the conservation of property values throughout the jurisdiction, and responsible development and growth.

When does the MDC meet?

The MDC meets on the first and third Wednesdays every month in City County Building, Room 230, 200 East Washington Street, Indianapolis.

When does a developer file a petition for a rezone?

Petitions must be filed in detail at least 35 days before when they are heard. Either the Metropolitan Development Commission or the owners of at least 50% of the affected land can petition to have a zoning ordinance changed.

What notice does the developer have to give?

Public notice is published at least 10 days before the scheduled public hearing. A separate notice is mailed first class to all property owners within two properties or 660 feet of the petitioner's property at least 23 days prior to the hearing. In addition, the District's City-County Councilor and all neighborhood organizations that include these properties are mailed notice 23 days prior to the hearing. Notice is posted at the property. If proper notice is not given as required, citizens can request a continuance at the beginning of the hearing. If citizens don't protest then, their right for continuance is waived. If improper notice is discovered after the hearing, the commission may decide to rehear the petition.

When is the DMD staff report made and available?

The DMD staff may prepare a staff report concerning the physical characteristics, land use, and public facilities of the area involved in the rezone. The staff report may include a staff opinion, and must be on file at least six days before the rezone hearing.

How can I dispute a rezone?

Remonstrators will be heard at the public hearing. If they register five days prior to the hearing, they can receive a copy of the petition and plot plan. Both the petitioner(s) and remonstrator(s) are granted one automatic continuance. Request for this continuance must be filed seven days before the scheduled hearing, and will delay the hearing about one month. If remonstrators wish to make a motion to dismiss the petition, they must file on the Friday prior to the hearing. The MDC usually designates a single person as hearing examiner to conduct an initial hearing. People who disagree with the staff opinion (of the Neighborhood and Development Services Division) may file a written response at least two days prior to the Hearing Examiner's hearing. The hearing examiner then makes recommendations to the MDC (approval, disapproval, or approval with conditions). If anyone protests these recommendations within five days, the MDC must conduct a full public hearing.

How much time do I have?

Time is limited during the hearing. After the developer makes his case, people who oppose a rezone have up to 15 minutes to make their case; then they answer the commission's questions. After the staff gives their input, both sides have five minutes for rebuttal. These times may be extended by the person presiding over the hearing.

Can the developer make last minute amendments to the petitions or files?

Petitioners can ask to amend petitions at the time of the hearing. The opposition can object. The commission will delay the petition to a later hearing (with public notice as before) if a different zoning change is required or as they see fit. If this is required, the petitioners are charged another filing fee. Further documents supporting a petition may be filed as late as the Monday prior to the hearing. If interested parties have not had the time to review them, the commission may continue the petition to a later hearing.

What if the development, "because of development size or intensity will have a significant effect on drainage ways, parks, roadways, or sewer systems"?

It follows a Supplemental Review Process, which follows a slightly different procedure. They all will include:

1. a request to the petitioner for additional information about the effect of the development on infrastructure
2. review of the supplemental information by the Department of Metropolitan Development, Department of Parks and Recreation, Department of Public Works, and Department of Capital Asset Management
3. notification of interested persons and organizations in the community
4. a coordination meeting led by the Department of Metropolitan Development staff to discuss the petition with petitioner, representatives of affected City Departments, and interested persons and organizations in the community
5. the petition is scheduled for hearing before the MDC (not the Hearing Examiner)
6. the staff provides more substantial information to the MDC at the time of presentation of the petition, including information about the effect of the proposed development on infrastructure adequacy
7. Petitions which meet the threshold standard for the Supplemental Review Process, are designated by the staff. A petition may meet the threshold but not follow the process (a staff decision). There is a separate Supplemental Review Process User Manual, which details rules, which are beyond the scope of this handbook.

What are the possible outcomes of the hearing?

The commission may approve, deny, or dismiss a petition, or the petition can be withdrawn by the petitioner. If a petition is dismissed or withdrawn, a new petition involving the same land cannot be filed for three months, unless the majority of the MDC agrees to do so for good cause. If a petition is denied, a new petition involving the same land cannot be filed for 12 months unless the MDC or City County Council agrees by majority vote to do so.

Can I appeal a decision made by the MDC?

Yes-- to the City-County Council. The MDC forwards all favorably recommended rezoning petitions to the City County Council within 10 days of the hearing. The City County Councilor for the district in which the rezone is located must agree to request a hearing and the Council must agree to hold a hearing, or the rezone takes effect. If a hearing occurs, the City-County Council may deny the rezone at that time.

Can I appeal a City County Council decision?

Decisions can be appealed to the legal system. Legal appeals must be filed within 30 days of the decision.

If the developer agrees to extra commitments, when do these need to be completed?

Conditions are kept on file at the MDC office. Petitioners must notify the commission that they have kept all conditions within 30 days of ending construction or within 30 days of the MDC's deadline.

Contacts:

Metropolitan Development Commission:   For current names, terms, and appointing body
Public Information Officer for DMD	(317) 327-6709
http://www.indygov.com/dmd/commbrds.htm#mdc