HomeMy WebLinkAboutRe-Zone Authority Memo 10-16-19Authority to Rezone Subject Properties (PZ19090023 Z)
The following sections of the Unified Development Ordinance and the Indiana Code permit
Petitioner, Meridian Development Realty, LLC, to petition for rezoning all of the parcels subject
to its Petition docket as No. PZ19090023, despite not having title to each and every parcel:
• Ind. Code § 36-7-4-602 (emphasis added).
After the zoning ordinance for a jurisdiction has been adopted as described in subsection
(a), the following procedure applies to a proposal to change the zone maps (whether by
incorporating an additional map or by amending or deleting a map) incorporated by reference into
the ordinance:
(1) The proposal may be initiated either:
(A) by the plan commission; or
(B) by a petition signed by property owners who own at least fifty percent (50%) of
the land involved.
• Unified Development Ordinance § 9.06 (emphasis added).
A. General: The following procedure applies to a proposal to change the Official
Zoning Map (whether by incorporating an additional map or by amending or deleting a map)
incorporated by reference into this Zoning Ordinance:
1. The proposal may be initiated either:
a. By the Plan Commission;
b. By a petition signed by property owners who own at least fifty
percent (50%) of the land involved; or
c. By the Common Council; however, if the Common Council
initiates the proposal, it shall require the Plan Commission to prepare it.
* * *
There are 31 separate parcels subject to the rezone Petition, each of which are identified in
Exhibit A to the Petition and depicted on Exhibit 1 attached hereto. Of those 31 parcels, Petitioner
(or its related entity) was, as of the date it filed the Petition, the fee owner of 28 of the parcels (it
owns 29 of the parcels as of 10/11/2019), above the 50% ownership requirement under both state
and local law. Therefore, state and local law empowers Petitioner to seek the rezone for all of the
subject parcels.
EXHIBIT 1