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Home My WebLink AboutZ-622-17 As Amended back to Plan CommissionSponsor: Councilor Kimball ORDINANCE Z-622-17 As Amended AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance amending a variety of procedures for the Carmel Plan Commission and Carmel Board of Zoning Appeals in the Carmel Zoning Ordinance Synopsis: This ordinance updates the Plan Commission's authority to delegate committees, hearing examiners and hearing officers for the Plan Commission and Board of Zoning Appeals. The amendments also correct an Indiana Code citation and reduce the Plan Commission's deadline to certify proposals to change the zone maps to the Council. WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7- 4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly approved by Resolution No. CC -05-04-09-02 of the Common Council on May 4, 2009, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the zoning ordinance; and I - WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-1600-02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq.: and after Docket No. 16100021 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, February 21, 2017, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section I: Amend Section 29.02 of the Zoning Ordinance to read as follows: 29.02 The Commission. The authority and duties of the Commission established by this Ordinance and detailed herein are: 29.02.01 Advise the City Council in writing on amendments to the written zoning regulations. 29.02.02 Advise the City Council in writing on amendments to the Official Zoning Map. 29.02.03 Consider Development Plan and ADLS applications for all applicable Primary Zoning Districts, including Planned Unit Development Districts. 29.02.04 Consider DP and ADLS applications for Overlay Zone Districts. 29.02.05 Delegate to a committee, a hearing examiner, a hearing officer, or any other Zoning Official the authority to hold hearings, make decisions, or conduct secondary reviews under the Zoning Ordinance, as provided in IC 36-7-3-10, IC 36-7-4-402, IC 36-7-4-407, IC 36-7-4-408, IC 36-7-4-701, IC 36-7-4-710, IC 36-7-4-711, IC 36- 7-4-1402, and IC 36-7-4-1511. 05/15/2017 Ordinance Z-622-17 1 29.02.06 Designate a hearing examiner or committee of the Commission to conduct combined hearing procedures relative to developments that require more than one hearing, as provided in IC 36-7-4-403.5, on the condition that all members of the Council shall be notified not less than three (3) calendar days before a development is docketed for a combined hearing procedure and that each member of the Council shall be entitled to object to the use of the combined hearing procedure for that development. 29.02.07 Appoint hearing officers for the Board, as provided in IC 36-7-4-923. Section II: Amend Section 30.08.01 of the Zoning Ordinance to read as follows: 30.08.01 Hearing Officers: Qualifications, Appointment, and Removal. Pursuant to IC 36-7-4-923, the Commission hereby establishes the position of hearing officer. A hearing officer must be a member of the Board, a former member of the Board, a Zoning Official, or an attorney licensed to practice law in Indiana. One (1) or more hearing officers shall be appointed by the Commission. A hearing officer may be removed from his or her responsibilities at any time by the Commission. Section III: Amend Section 30.08.07 of the Zoning Ordinance to read as follows: 30.08.07 Imposition of Conditions by Hearing Officer; Commitments by Property Owner; Transfer to Board's A enda. Following the hearing of an application under the alternate procedure, a hearing officer may impose conditions and may permit or require the owner of a parcel of property to make a written Commitment concerning the use or development of that parcel, as provided in IC 36-7-4-1015 and the Rules of Procedure of the Board. If the applicant fails to accept these conditions or fails to make the Commitment, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. The hearing officer may not modify or terminate any Commitment, whether made under the alternate procedure or pursuant to an approval by the Board. Such a Commitment may be modified only by the Board itself. Section IV: Amend Section 31.06.03 of the Zoning Ordinance to read as follows: 31.06.03 Proposals to Change the Zone Maps Incorporated into the Ordinance. 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 this Zoning Ordinance: 1. The proposal may be initiated either: a. by the Commission; b. by a petition signed by property owners who own at least fifty percent (50%) of the land involved; or C. by the Council; however, if the Council initiates the proposal, it shall require the Commission to prepare it. The Commission or petitioners shall prepare the proposal so that it is consistent with applicable state law. In considering the proposal, both the Commission and the Council shall pay reasonable regard to: i. the Comprehensive Plan; ii. current conditions and the character of current structures and uses in each district; iii. the most desirable use for which the land in each district is adapted; iv. the conservation of property values throughout the City and the Township; and V. responsible development and growth. 4. The Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure. Whenever the Commission deems it advisable in regard to the matters contained in Subparagraph 3 above, the Commission may permit or require the owner of a parcel of real property to make a 05/15/2017 Ordinance Z-622-17 2 Commitment subject to the rules prescribed for Commitments by Section 31.06.05. By permitting or requiring a Commitment, the Commission does not become obligated to recommend or not recommend the adoption of the proposal. 6. Within five (5) business days after the Commission determines its recommendation (if any), the Commission shall certify the proposal to the Council with a favorable recommendation, an unfavorable recommendation, or no recommendation from the Commission. 7. The Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. The Council's consideration of the proposal is governed by IC 36-7-4-608. During the time when the proposal is being considered by the Council, the owner of a parcel of land may make a new Commitment or modify the terms of a Commitment made when the proposal was before the Commission. No further action of the Commission is required for a new Commitment to be effective. If a Commitment made when the proposal was before the Commission is modified and the effect of the modification is to make the Commitment more stringent, no further action of the Commission is required for the modified Commitment to be effective; however, if the effect of such a modification is to make the Commitment less stringent, then the modified Commitment must be ratified by the Commission to be effective. A Commitment made or modified under this provision is subject to the rules prescribed for Commitments by Section 31.06.05. 9. If the proposal is adopted, the Commission shall update the zone maps that it keeps available with the Zoning Ordinance and the City's Code of Ordinances. 10. Unless the proposal provides for a later effective date, the updated zone maps contained in the proposal take effect when the proposal is duly adopted. Section V: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section VI: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 05/15/2017 Ordinance Z-622-17 3 ADOPTED by`V Common Council of the City of Carmel, Indiana this 5 day of F" l 2017, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Sue Ty am, Pr sident Laura . Campbell • • E. Carter r l-/4AA 4 l H. Bruce Kimball ��. Pre d by me to the Mayor of the City of Carmel, Indiana this �day of 2017, at�Gl I stieSCTrn, -easurt/' Approved b me, Mayor of the City of Carmel, Indiana, this l of !'V%7 2017, at I� 6 M. j Anes Brainard, Mayor Lstine S. P uley, Clerk -Tres r Prepared by: John R. Molitor, Attorney at Law, 9465 Counselors Row, Suite 200, Indianapolis, IN 46240 03/20/2017 Ordinance Z-622-17