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HomeMy WebLinkAboutPacket for PC 08-20-19 City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 CARMEL PLAN COMMISSION -MEMORANDUM- Date: August 9, 2019 To: Plan Commission Members From: Adrienne Keeling Re: Docket No. 19040008 OA Enclosed is the information packet for the following item. If you have any questions, please call 571-2417. Docket No. 19040008 OA: Parks and Recreation Impact Fee Amendment The applicant seeks to Amend the Unified Development Ordinance in order to update existing impact fee provisions, as well as their definitions. The proposal would renew the impact fee that is currently imposed on new residential development to defray the cost of new parks and recreation infrastructure, for an additional five years (from 2020 to 2025). Filed by the Carmel Department of Community Services, on behalf of the Carmel Plan Commission. Attached is the proposed UDO Amendment to correspond with the findings of the 2025 Zone Improvement Plan (ZIP) outlined in Docket No. 19040007 CP Amend. This proposal updates the Parks & Recreation Impact Fee and Definitions in the Unified Development Ordinance. The Impact Fee Advisory Committee met in May to discuss schedules and statistical information relating to the analysis of the community’s parks and recreation impact fee. 1 Proposed Amendments to the PRIF Ordinance 1 Docket 19040008 OA 2 3 I. Amend Section 1.30 of the Unified Development Ordinance to read: 4 5 A. Title: Section 1.30: Parks and Recreation Impact Fees shall be referred to and known as the Parks 6 and Recreation Impact Fee Ordinance (the “PRIF Ordinance”) for the City of Carmel, Hamilton County, 7 Indiana. 8 9 B. Definitions: Terms used in the Unified Development Ordinance are defined in Article 11: Definitions. 10 11 C. Establishment of Impact Zone: There is hereby established one Parks and Recreation Infrastructure 12 Impact Zone, the borders of which are coterminous with the boundaries of Clay Township, Hamilton 13 County, Indiana, and, over which the City of Carmel exercises Planning Jurisdiction pursuant to IC 14 36-7-4-205. In this regard, the Common Council specifically finds that there is a functional relationship 15 between the components of the Park and Recreation Master Plan and the Zone Improvement Plan, as 16 each is amended from time to time, and that such plans will provide a reasonably uniform benefit to all 17 of the citizens throughout the Impact Zone. The Common Council further finds that all areas within the 18 Impact Zone are contiguous as required in IC 36-7-4-1316. Except as provided below, this PRIF 19 Ordinance shall apply uniformly to all developments within the Impact Zone hereby established for 20 which the City of Carmel and Clay Township may require an improvement location permit and which 21 create a need for new and additional Parks and Recreation Infrastructure. This PRIF Ordinance shall 22 not apply to: 23 1. Improvements which do not require an improvement location permit; 24 2. Improvements which do not create a need for new and additional Parks and Recreation 25 Infrastructure, including the erection of a sign, construction of accessory buildings, structures 26 or fences or the alteration, renovation or expansion of an improvement where the use, or 27 intensity thereof, has not changed; or 28 3. The replacement of a destroyed or partially destroyed improvement, provided that the 29 replacement improvement does not create a need for new and additional Parks and Recreation 30 Infrastructure over and above the infrastructure needed by the original improvement prior to 31 the destruction or partial destruction thereof. 32 33 D. 2015-2020 Zone Improvement Plan: The Common Council hereby finds that, prior to the adoption 34 of this PRIF Ordinance, the Plan Commission undertook a comprehensive and detailed park and 35 recreational impact analysis and consulted with the City Civil Engineer (appointed under IC 36-4-9-8) 36 a qualified engineer, and the resulting study and data base were used in the preparation of the 37 2015-2020 Zone Improvement Plan as required by IC 36-7-4-1318(d). The Common Council has 38 heretofore adopted the 2015-2020 Zone Improvement Plan and finds in this regard that the 2015-2020 39 Zone Improvement Plan does contain the following elements: 40 1. Reasonable estimates relating to the nature and location of development that is expected 41 within the Impact Zone during the planning period, which, for the purposes of this PRIF 42 Ordinance is defined to be a period of ten (10) years commencing with the date of adoption 43 hereof. 44 2. A reasonable determination of the community level of service for the Impact Zone. 45 2 3. A reasonable determination of the current level of service provided within the Impact Zone. 46 4. A reasonable estimate of the nature, location, sequencing, and timing of the park and 47 recreational improvements and costs necessary to provide the community level of service for 48 the developments contemplated in Section 1.30(D)(1) hereof. 49 5. A reasonable estimate of the share of the park and recreational costs identified in Section 50 1.30(D)(4) hereof that will be used to: 51 a. Raise the current level of service for existing development or provide service to existing 52 development; or 53 b. Provide service to new development. 54 6. A reasonable estimate of revenues that: 55 a. Are from sources other than impact fees; and 56 b. Will be used to finance the costs identified in Section 1.30(D)(5)(a) above. 57 7. A description of the nature and location of existing infrastructure in the Impact Zone. 58 8. A general description of the sources and amounts of money used to pay for infrastructure 59 during the previous five years. 60 9. A reasonable estimate of the share of the park and recreational costs identified in Section 61 1.30(D)(4) hereof that will be used to pay the directly related expenses incurred in preparing or 62 updating the Zone Improvement Plan, as limited by IC 36-7-4-1330. 63 In addition, the Common Council has specifically adopted the 2015-2020 Zone Improvement Plan as 64 an official part of the Carmel Comprehensive Plan pursuant to IC 36-7-4-500 et seq. 65 66 E. Establishment of Impact Fee: Based upon the Park and Recreation Master Plan and 2015-2020 the 67 Zone Improvement Plan previously referred to and which is made a part of are hereby incorporated by 68 ref erence into this PRIF Ordinance, the Common Council determines that the impact costs, minus the 69 sum of nonlocal revenues and impact deductions (as defined in IC 36-7-4-1321), do not exceed the 70 amount of $2,972 $4,882 per equivalent dwelling unit, and that, therefore, the impact fee to be 71 imposed on every development subject to this PRIF Ordinance shall equal the product of: $4,882 72 $2,031, during months 1-12 of the effectiveness of this PRIF Ordinance; $2,234, during months 13-24 73 of the effectiveness of this PRIF Ordinance; $2,457, during months 25-36 of the effectiveness of this 74 PRIF Ordinance; $2,702, during months 37-48 of the effectiveness of this PRIF Ordinance; or $2,972, 75 after month 48; times The the number of equivalent dwelling units to be constructed pursuant to the 76 improvement location permit obtained by the developer (or individual). The Common Council does 77 hereby make as a part of the record of these proceedings, all of the data collected, the calculations 78 made, and the conclusions reached by the Plan Commission in the process of developing the 79 2015-2020 Zone Improvement Plan, and specifically instructs the Director of Community Services to 80 make such data and other information inclusively available to anyone for review during regular 81 business hours. In the event that any parcel of real estate considered in the creation of the 2015-2020 82 Zone Improvement Plan undergoes a change in use, redevelopment, or a modification which requires 83 an improvement location permit, and creates a need for new infrastructure, an impact fee will be 84 assessed only for the increase in the burden on infrastructure. 85 86 F. Credit in Lieu of Payment; Exemptions: 87 1. Pursuant to IC 36-7-4-1335, any developer (or individual) obligated to pay a fee pursuant to the 88 terms of this PRIF Ordinance may be granted the option of financing, constructing and 89 3 dedicating Parks and Recreation Infrastructure instead of making all or part of any impact fee 90 payment which may be due, so long as such financing, construction and dedication are 91 accomplished either: 92 a. Pursuant to the 2015-2020 Zone Improvement Plan and with the consent and acceptance of 93 the Carmel/Clay Board of Parks and Recreation, or 94 b. With respect to components of infrastructure or other improvements that are not included in 95 the 2015-2020 Zone Improvement Plan, under a request by the Carmel Board of Public 96 Works and Safety and with the consent and acceptance of the Board of Public Works and 97 Safety. 98 2. The developer (or individual) providing the infrastructure or improvement, shall be allowed a 99 credit in an amount equal to the sum of: 100 a. The actual cost of constructing or providing the infrastructure or improvements, plus 101 b. The fair market value of the land, real property interests, and site improvements provided. 102 3. The amount of the credit shall be determined by agreement (the “Credit Agreement”) between 103 the person constructing or providing the infrastructure or improvement and either: 104 a. The Carmel/Clay Board of Parks and Recreation; or 105 b. The Board of Public Works and Safety, depending upon which entity is best suited to accept 106 the dedication of the infrastructure or improvement. The developer (or individual) shall make 107 a request for credit prior to the issuance of the improvement location permit. In the event the 108 credit is less than the amount of the impact fee due pursuant to Section 1.30(E): 109 Establishment of Impact Fee above, the remaining balance shall be due in accordance with 110 the provisions stated hereafter. 111 4. Credits against impact fees otherwise due shall be allowed pursuant to this section for all 112 infrastructure and improvements constructed or furnished in accordance with IC 36-7-4-1313 113 and IC 36-7-4-1335 since January 1, 1989. In addition, a developer (or individual) responsible 114 for installing infrastructure or improvements may designate in writing a method of allocating its 115 credits to future owners who may be successors in interest to the credits earned by the 116 developer (or individual) as part of the Credit Agreement provided for above. 117 5. Any developer (or individual) obligated to pay the fee established by this PRIF Ordinance 118 whose property was totally or partially destroyed by fire, storm or other casualty beyond his or 119 her control, shall be exempt from said fee if such developer (or individual) repairs or replaces 120 the destroyed structure without creating a burden on Parks and Recreation Infrastructure 121 greater than the burden imposed by the destroyed structure. In the event of such additional 122 burden, the fee shall be calculated based only on the increased burden created by the 123 structure. 124 125 G. Impact Fee Due Upon Issuance of Improvement Location Permit: The impact fee imposed pursuant 126 to the terms of this PRIF Ordinance shall be due and payable upon the issuance of an improvement 127 location permit. The entire fee which is calculated pursuant to the terms of this PRIF Ordinance shall 128 be due at said time, unless the amount of the fee upon calculation is greater than $5,000, in which 129 case except that an installment plan may be requested by the applicant in accordance with the terms 130 set forth in IC 36-7-4-1324 (a), (b), (c), and (d). The Impact Fee Review Board shall establish specific 131 rules consistent with said code provisions for installment payments. The interest rate on any 132 4 installment plan or deferred payment shall be the pre-judgment rate of interest set forth in the Indiana 133 Code as from time to time amended. If a developer (or individual) requests, the amount of the impact 134 fee shall be assessed upon the voluntary submission of a development plan or upon the issuance of 135 the improvement location permit, which-ever is earlier. For purposes of this section, “assessment” 136 means the act of calculating the amount of the impact fee which shall be due. The Director of 137 Community Services shall make such assessment within thirty (30) days of the date of such voluntary 138 request or at the issuance of the improvement location permit with or without a request. 139 140 H. Lien Rights Established: Pursuant to IC 36-7-4-1325, the City of Carmel acquires a lien against the 141 real estate which is the subject of the impact fee. Upon adoption, this PRIF Ordinance shall be 142 recorded, and, thereafter, it shall constitute constructive notice of the lien rights of the City. The City 143 may, in its discretion, file a specific instrument setting forth its lien rights with respect to a parcel of real 144 estate which is the subject of an installment payment plan for an impact fee, and such instrument shall 145 constitute actual notice in addition to the constructive actual notice in addition to the constructive 146 notice provided for by the recording of this PRIF Ordinance. 147 148 I. Form of Receipt: The Director of Community Services shall issue a receipt for any and all impact 149 fees collected, and the form of such receipt shall be as follows: 150 151 Received of [fee payer], this [date] day of [month, year], the sum of $ [amount] in [full/partial] 152 satisfaction of impact fees due pursuant to the City of Carmel Unified Development Ordinance, 153 Section No. 1.30,______ relating to improvements to be constructed on the real estate described on 154 Exhibit A, attached hereto, made part hereof, and subject to lien rights in favor of the City of Carmel in 155 the event of partial payment with payments remaining due. The remaining balance due (if any) is in the 156 following amount: $_________. This impact fee is dedicated to the creation of the following 157 infrastructure elements in accordance with the 2015-2020 Zone Improvement Plan: 158 ___________________________________ 159 ___________________________________ 160 DEPARTMENT OF COMMUNITY SERVICES 161 City of Carmel 162 163 164 J. Establishment of Impact Fee Review Board; Hearing of Appeals: There is hereby established the 165 Carmel Clay Impact Fee Review Board. The Impact Fee Review Board shall consist of three (3) citizen 166 members (who may be residents of the City of Carmel and/or Clay Township), appointed by the Mayor 167 of the City of Carmel to serve for terms of four (4) years; however, for the purpose of providing for 168 staggered terms of office, the initial members of the Impact Fee Review Board shall be appointed for 169 respective terms of two (2) years, three (3) years, and four (4) years. The members of the Impact Fee 170 Review Board shall not be members of the Plan Commission and shall meet the qualifications 171 prescribed by IC 36-7-4-1338(b), that is, one (1) licensed real estate broker, one licensed (1) engineer, 172 and one (1) certified public accountant. Whenever a member of the Impact Fee Review Board is 173 unable to participate in any matter before the board because of a conflict of interest, the Mayor shall 174 appoint a temporary replacement member, meeting the qualifications of the member being replaced, 175 5 to serve on the board for the purpose of hearing that matter only. The Impact Fee Review Board shall 176 be governed by IC 36-7-4-1338(c) and all other applicable provisions of the Impact Fee Statute. Any 177 developer (or individual) who believes itself to be aggrieved by the calculation of an impact fee may 178 appeal from such calculation to the Impact Fee Review Board and the Impact Fee Review Board shall 179 conduct a hearing with regard thereto. At such hearing, the developer (or individual) shall bear the 180 burden of going forward with the evidence and shall present evidence addressing either of the 181 following propositions: 182 1. A fact assumption used in determining the amount of the impact fee is incorrect; or 183 2. The amount of the impact fee is greater than the amount allowed under IC 36-7-4-1320, IC 184 36-7-4-1321, and IC 36-7-4-1322. 185 Upon conclusion of the presentation of evidence, the Impact Fee Review Board shall make a 186 determination within thirty (30) days, upon the facts presented and may make such adjustments in the 187 impact fee as it deems are appropriate under the circumstances, if any. An appeal under Section 188 1.30(J): Establishment of Review Board; Hearing of Appeals shall be filed not later than thirty (30) 189 days after the issuance of the improvement location permit. The appeal shall be initiated with the filing 190 of a Petition for Review with the Director of Community Services, together with a filing fee in the 191 amount of $100. The filing fee shall be refunded in full: 192 1. If the Petition of Review is granted and the impact fee is eliminated, reduced or adjusted by the 193 Review Board, by independent action of the Director of Community Services, or by a court 194 having jurisdiction, and 195 2. If the reviewing body determines that the amount of the fee, reductions, or credits were 196 arbitrary or capricious. 197 The Petition for Review shall be in a form calculated to inform the Impact Fee Review Board of the 198 nature of the complaint, the parties to the action, and the relief requested. In addition, the petition shall 199 describe the new development on which the impact fee has been assessed, all facts related to the 200 assessment of the impact fee, and the reasons the petitioner believes that the amount of the impact 201 fee assessed is erroneous or is greater than the amount allowed by the fee limitations set forth in the 202 Impact Fee Statute. The Director of Community Services shall not deny the issuance of improvement 203 location permit on the basis that the impact fee has not been paid, or condition issuance of the permit 204 on the payment of the impact fee. However, unless the impact fee exceeds $1,000, the developer (or 205 individual) shall pay the impact fee or initiate an appeal under this section before being issued the 206 permit. 207 208 K. Establishment of Impact Fee Fund: There is hereby established an Impact Fee Fund within the City 209 of Carmel to receive any and all sums collected pursuant to this PRIF Ordinance and any other Impact 210 Fee Ordinance that may hereafter be adopted, to be utilized in connection with the purposes set forth 211 in Section 1.30(L): Use of Impact Fees Collected below. A special account shall be established in the 212 fund for Parks and Recreation Infrastructure which shall be kept separate from any other account that 213 may hereafter be established in the fund for other infrastructure types. In the event, and only in the 214 event, that an additional Impact Zone for Parks and Recreation Infrastructure is created hereafter, a 215 separate account shall be maintained for each separate Impact Zone established within the City of 216 Carmel and Clay Township. Interest earned on any such account shall be deposited and maintained 217 within the separate account. The Fiscal Officer shall manage the Impact Fee Fund according to the 218 6 provisions of the Impact Fee Statute and maintain records of the status of any such account. Pursuant 219 to IC 36-7-4-1329, the Fiscal Officer shall make an annual report to the Plan Commission and the 220 Carmel/Clay Board of Parks and Recreation of said accounts which shall be available to the public in 221 general and developer (or individual), upon request, in particular. The right to any refund of an impact 222 fee shall be determined strictly in accordance with IC 36-7-4-1332, and the Fiscal Officer is 223 designated, pursuant to IC 36-7-4-1332(e), as the official responsible for acting upon any refund 224 applications that may be filed by the developer (or individual). In order to facilitate the payment of any 225 refunds when they may be due, the Fiscal Officer is directed to identify the purpose of any impact fee 226 paid in order that a refund, if any, may be paid from the account into which the fee was originally 227 deposited. 228 229 L. Use of Impact Fees Collected: Any and all fees collected pursuant to the provisions of this PRIF 230 Ordinance may be utilized only for the following purposes: 231 1. Providing funds to be utilized by the Carmel/Clay Board of Parks and Recreation for the 232 purpose of paying the capital costs of Parks and Recreation Infrastructure that is necessary to 233 serve the new development within the City of Carmel and Clay Township and that is identified 234 in the 2015-2020 Zone Improvement Plan; 235 2. An amount not to exceed five percent (5%) of the annual collections of the fees, to be utilized 236 by the Carmel/Clay Board of Parks and Recreation for expenses incurred by the Carmel/Clay 237 Board of Parks and Recreation and/or the City for the consulting services that are used with 238 regard to the establishment and maintenance of this impact fee program; 239 3. To pay any refund that may be due under IC 36-7-4-1332; 240 4. To pay the debt service cost on an obligation issued to provide Parks and Recreation 241 Infrastructure described in Section 1.30(L)(1) in accordance with IC 36-10-3-27 or other 242 applicable law. 243 244 M. Conflicts with Impact Fee Statute: The Common Council specifically acknowledges the existence of 245 the Impact Fee Statute, which regulates the adoption of impact fee ordinances by municipal 246 corporations within the State of Indiana. It is the intent of the Common Council to comply with such 247 legislation, and this PRIF Ordinance shall be construed in all respects to be consistent with the Impact 248 Fee Statute. The substantive and procedural requirements of the Impact Fee Statute shall control in 249 the event of conflicts, which are unintended by the Common Council. 250 251 N. Amendments and Review: The impact fee provided for herein is based upon information that, in 252 large part, is subject to inflation and other economic and market forces over which the Common 253 Council has no control. The Common Council may, therefore, from time to time, cause a review to be 254 made by the Director of Community Services, or such consultants as may be required, to determine 255 the continuing validity of the Impact Fee, the Impact Zone, and the 2015-2020 Zone Improvement 256 Plan. The Common Council may consider and adopt such amendments as are necessary to cause a 257 substantive compliance with all constitutional and statutory requirements. To the extent required by the 258 facts and circumstances, this process shall include the steps necessary to update the 2015-2020 Zone 259 Improvement Plan and the Comprehensive Plan. 260 261 7 O. Effective Date and Expiration Date: Pursuant to IC 36-7-4-1340, this PRIF Ordinance shall be 262 effective June 15, 2015, June 1, 2020, which is not earlier than six (6) months following its adoption in 263 accordance with the Impact Fee Statute, replacing the PRIF Ordinance adopted on December 7, 264 2009, November 3, 2014, and wholly contained in Section 1.30: Parks and Recreation Impact Fees. 265 This PRIF Ordinance shall expire five (5) years following such effective date, and no impact fee may 266 be collected under this PRIF Ordinance after such expiration date. However, the Common Council 267 may adopt a replacement impact fee ordinance to take effect before, on or after such expiration date if 268 the replacement ordinance complies with the provisions of the Impact Fee Statute. 269 270 II. Amend the definition of “Infrastructure, Parks and Recreation” in Section 11.02 of the 271 Unified Development Ordinance to read: 272 273 Infrastructure, Parks and Recreation: The capital improvements that comprise the parks and other 274 recreational facilities that: 275 1. Are owned or leased by the Carmel/Clay Board of Parks and Recreation and/or the City of 276 Carmel solely for a public purpose; and 277 2. Are included in the 2015-2020 Zone Improvement Plan. 278 Parks and Recreation Infrastructure includes the site improvements and interests in real property 279 needed for such parks and other recreational facilities. 280 281 III. Amend the definition of “Plan, Zone Improvement” in Section 11.02 of the Unified 282 Development Ordinance to read: 283 284 Plan, Zone Improvement: The 2015-2020 2020-2025 Zone Improvement Plan for Parks and 285 Recreation Infrastructure which was prepared by the Plan Commission in conjunction with the 286 Comprehensive Plan of the City of Carmel and Clay Township and approved by the Plan Commission 287 Council on October 21, 2015 (the “2015-2020 Zone Improvement Plan”)or before December 1, 2019. 288 289 IV. Amend the definition of “Planning Jurisdiction” in Section 11.02 of the Unified 290 Development Ordinance to read: 291 292 Planning Jurisdiction: The City of Carmel, Indiana and the unincorporated territory of Clay Township, 293 Hamilton County, Indiana. The jurisdiction of the Unified Development Ordinance, Carmel Board of 294 Zoning Appeals and Carmel Advisory Plan Commission are identical. 295 296