HomeMy WebLinkAboutPacket for CC 09-16-192019-0916; Z-644-19; Council Report.docx
MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Community Services
SUBJECT: Z-644-19
DATE: September 6, 2019
Please find information on the following item forwarded by the Plan Commission. This item will appear on your September 16th agenda.
Forwarded with a favorable recommendation:
Ordinance Z-644-19 (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.
Project Overview:
Attached is the proposed UDO Amendment to correspond with the findings of the 2025 Zone Improvement Plan (ZIP)
outlined in Council Resolution CC-09-16-19-02. 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, which is proposed
to increase to $4,882, for new dwelling units permitted in years 2020-2025.
The information in this packet is arranged in the following order:
1. Plan Commission Certification (expires November 24, 2019).
2. Proposed Ordinance Z-644-19
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-644-19
UDO Patch Amendment o
LS
To: The Honorable Common Council
Of the City of Carmel
Hamilton County,Indiana
13
Dear Members: L„
N
The Cannel Plan Commission offers you the following report on the applicationrDocket
No. 19040008 OA-petitioning 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).
The Carmel Plan Commission's recommendation on the petition of the applicant is
Favorable."
At its regularly scheduled meeting on August 20, 2019, the Cannel Plan Commission
voted eight (8) in Favor, zero (0) Opposed, one (1) Absent, to forward to the Common
Council the proposed Ordinance No. Z-644-19 with a"Favorable Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-607(e), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Sunday,November 24, 2019.
CARMEL PLAN COMMISSION
f1 TS
BY: 5 vac! 6e4/N4J
Brad Grabow, President
ATTEST``
J Shestak, Secretary
armel Plan Commission
Dated: August 26,2019
1
Sponsor: Councilor Campbell 1
ORDINANCE Z-644-19 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
RESTATING AND AMENDING AN ORDINANCE TO ESTABLISH AN IMPACT FEE FOR THE 4
PURPOSE OF PLANNING AND FINANCING PARK AND RECREATIONAL INFRASTRUCTURE 5
NEEDED TO SERVE NEW RESIDENTIAL DEVELOPMENT 6
Synopsis: 7
This ordinance renews and updates the Parks & Recreation Impact Fee Ordinance and associated 8
definitions for an additional five years from 2020-2025. 9
10
WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and necessary to protect 11
the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City of Carmel 12
and Clay Township by providing for an equitable program to finance the planning, acquisition and construction 13
of park and recreational infrastructure necessary to serve newly developing areas of the City and Township; 14
WHEREAS, the Common Council further finds that it is reasonable and necessary to promote and 15
accommodate the orderly growth and development of the City and Township by establishing standards by which 16
the City may require that new development shall pay an impact fee representing such development’s 17
proportionate share of the cost of planning and financing the park and recreational infrastructure necessary to 18
serve the new development; and 19
WHEREAS, the Common Council finds that new development should not be required to pay a fee for the 20
planning and financing of such park and recreational infrastructure which is greater than the amount that existing 21
development will pay to provide the infrastructure that is needed to serve the existing development; and 22
WHEREAS, in cooperation with the Carmel/Clay Board of Parks and Recreation Board this Council 23
requested that the Director of the Department of Community Services review the appropriateness of the Impact 24
Fee, the Impact Fee Zone and the Zone Improvement Plan and if deemed necessary, prepare a proposed 25
replacement impact fee ordinance; and 26
WHEREAS, the Director of the Department of Community Services has caused such a review; and 27
WHEREAS, in consultation with a qualified engineer, the Plan Commission has prepared an amended Zone 28
Improvement Plan for the City and Township which provides for the planning and financing of the additional 29
park and recreational infrastructure necessary to serve new development in the City and Township; and 30
WHEREAS, such Zone Improvement Plan was duly approved by the Plan Commission on August 20, 2019, 31
and recommended to the Common Council along with this Ordinance; 32
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, 33
pursuant to IC 36-7-4-1311 and after Docket No. 19040008 OA having received a favorable recommendation 34
from the Carmel Advisory Plan Commission on Tuesday, August 20, 2019, it hereby adopts this Ordinance to 35
amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as amended), to read as follows: 36
I. Amend Section 1.30 of the Unified Development Ordinance to read: 37
38
A. Title: Section 1.30: Parks and Recreation Impact Fees shall be referred to and known as the Parks and 39
Recreation Impact Fee Ordinance (the “PRIF Ordinance”) for the City of Carmel, Hamilton County, Indiana. 40
41
B. Definitions: Terms used in the Unified Development Ordinance are defined in Article 11: Definitions. 42
43
C. Establishment of Impact Zone: There is hereby established one Parks and Recreation Infrastructure Impact 44
2
Zone, the borders of which are coterminous with the boundaries of Clay Township, Hamilton County, Indiana, 45
and, over which the City of Carmel exercises Planning Jurisdiction pursuant to IC 36-7-4-205. In this regard, the 46
Common Council specifically finds that there is a functional relationship between the components of the Park 47
and Recreation Master Plan and the Zone Improvement Plan, as each is amended from time to time, and that 48
such plans will provide a reasonably uniform benefit to all of the citizens throughout the Impact Zone. The 49
Common Council further finds that all areas within the Impact Zone are contiguous as required in IC 50
36-7-4-1316. Except as provided below, this PRIF Ordinance shall apply uniformly to all developments within 51
the Impact Zone hereby established for which the City of Carmel and Clay Township may require an 52
improvement location permit and which create a need for new and additional Parks and Recreation 53
Infrastructure. This PRIF Ordinance shall not apply to: 54
1. Improvements which do not require an improvement location permit; 55
2. Improvements which do not create a need for new and additional Parks and Recreation Infrastructure, 56
including the erection of a sign, construction of accessory buildings , structures or fences or the 57
alteration, renovation or expansion of an improvement where the use, or intensity thereof, has not 58
changed; or 59
3. The replacement of a destroyed or partially destroyed improvement, provided that the replacement 60
improvement does not create a need for new and additional Parks and Recreation Infrastructure over and 61
above the infrastructure needed by the original improvement prior to the destruction or partial 62
destruction thereof. 63
64
D. 2015-2020 Zone Improvement Plan: The Common Council hereby finds that, prior to the adoption of this 65
PRIF Ordinance, the Plan Commission undertook a comprehensive and detailed park and recreational impact 66
analysis and consulted with the City Civil Engineer (appointed under IC 36-4-9-8) a qualified engineer, and the 67
resulting study and data base were used in the preparation of the 2015-2020 Zone Improvement Plan as required 68
by IC 36-7-4-1318(d). The Common Council has heretofore adopted the 2015-2020 Zone Improvement Plan and 69
finds in this regard that the 2015-2020 Zone Improvement Plan does contain the following elements: 70
1. Reasonable estimates relating to the nature and location of development that is expected within the 71
Impact Zone during the planning period, which, for the purposes of this PRIF Ordinance is defined to be 72
a period of ten (10) years commencing with the date of adoption hereof. 73
2. A reasonable determination of the community level of service for the Impact Zone. 74
3. A reasonable determination of the current level of service provided within the Impact Zone. 75
4. A reasonable estimate of the nature, location, sequencing, and timing of the park and recreational 76
improvements and costs necessary to provide the community level of service for the developments 77
contemplated in Section 1.30(D)(1) hereof. 78
5. A reasonable estimate of the share of the park and recreational costs identified in Section 1.30(D)(4) 79
hereof that will be used to: 80
a. Raise the current level of service for existing development or provide service to existing development; 81
or 82
b. Provide service to new development. 83
6. A reasonable estimate of revenues that: 84
a. Are from sources other than impact fees; and 85
b. Will be used to finance the costs identified in Section 1.30(D)(5)(a) above. 86
7. A description of the nature and location of existing infrastructure in the Impact Zone. 87
8. A general description of the sources and amounts of money used to pay for infrastructure during the 88
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previous five years. 89
9. A reasonable estimate of the share of the park and recreational costs identified in Section 1.30(D)(4) 90
hereof that will be used to pay the directly related expenses incurred in preparing or updating the Zone 91
Improvement Plan, as limited by IC 36-7-4-1330. 92
In addition, the Common Council has specifically adopted the 2015-2020 Zone Improvement Plan as an official 93
part of the Carmel Comprehensive Plan pursuant to IC 36-7-4-500 et seq. 94
95
E. Establishment of Impact Fee: Based upon the Park and Recreation Master Plan and 2015-2020 the Zone 96
Improvement Plan previously referred to and which is made a part of are hereby incorporated by reference into 97
this PRIF Ordinance, the Common Council determines that the impact costs, minus the sum of nonlocal 98
revenues and impact deductions (as defined in IC 36-7-4-1321), do not exceed the amount of $2,972 $4,882 per 99
equivalent dwelling unit, and that, therefore, the impact fee to be imposed on every development subject to this 100
PRIF Ordinance shall equal the product of: $4,882 $2,031, during months 1-12 of the effectiveness of this PRIF 101
Ordinance; $2,234, during months 13-24 of the effectiveness of this PRIF Ordinance; $2,457, during months 25-102
36 of the effectiveness of this PRIF Ordinance; $2,702, during months 37-48 of the effectiveness of this PRIF 103
Ordinance; or $2,972, after month 48; times The the number of equivalent dwelling units to be constructed 104
pursuant to the improvement location permit obtained by the developer (or individual). The Common Council 105
does hereby make as a part of the record of these proceedings, all of the data collected, the calculations made, 106
and the conclusions reached by the Plan Commission in the process of developing the 2015-2020 Zone 107
Improvement Plan, and specifically instructs the Director of Community Services to make such data and other 108
information inclusively available to anyone for review during regular business hours. In the event that any parcel 109
of real estate considered in the creation of the 2015-2020 Zone Improvement Plan undergoes a change in use, 110
redevelopment, or a modification which requires an improvement location permit, and creates a need for ne w 111
infrastructure, an impact fee will be assessed only for the increase in the burden on infrastructure. 112
113
F. Credit in Lieu of Payment; Exemptions: 114
1. Pursuant to IC 36-7-4-1335, any developer (or individual) obligated to pay a fee pursuant to the terms of 115
this PRIF Ordinance may be granted the option of financing, constructing and dedicating Parks and 116
Recreation Infrastructure instead of making all or part of any impact fee payment which may be due, so 117
long as such financing, construction and dedication are accomplished either: 118
a. Pursuant to the 2015-2020 Zone Improvement Plan and with the consent and acceptance of the 119
Carmel/Clay Board of Parks and Recreation, or 120
b. With respect to components of infrastructure or other improvements that are not included in the 121
2015-2020 Zone Improvement Plan, under a request by the Carmel Board of Public Works and Safety 122
and with the consent and acceptance of the Board of Public Works and Safety. 123
2. The developer (or individual) providing the infrastructure or improvement, shall be allowed a credit in 124
an amount equal to the sum of: 125
a. The actual cost of constructing or providing the infrastructure or improvements, plus 126
b. The fair market value of the land, real property interests, and site improvements provided. 127
3. The amount of the credit shall be determined by agreement (the “Credit Agreement”) between the person 128
constructing or providing the infrastructure or improvement and either: 129
a. The Carmel/Clay Board of Parks and Recreation; or 130
b. The Board of Public Works and Safety, depending upon which entity is best suited to accept the 131
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dedication of the infrastructure or improvement. The developer (or individual) shall make a request 132
for credit prior to the issuance of the improvement location permit. In the event the credit is le ss than 133
the amount of the impact fee due pursuant to Section 1.30(E): Establishment of Impact Fee above, the 134
remaining balance shall be due in accordance with the provisions stated hereafter. 135
4. Credits against impact fees otherwise due shall be allowed pursuant to this section for all infrastructure 136
and improvements constructed or furnished in accordance with IC 36-7-4-1313 and IC 36-7-4-1335 137
since January 1, 1989. In addition, a developer (or individual) responsible for installing infrastructure or 138
improvements may designate in writing a method of allocating its credits to future owners who may be 139
successors in interest to the credits earned by the developer (or individual) as part of the Credit 140
Agreement provided for above. 141
5. Any developer (or individual) obligated to pay the fee established by this PRIF Ordinance whose 142
property was totally or partially destroyed by fire, storm or other casualty beyond his or her control, 143
shall be exempt from said fee if such developer (or individual) repairs or replaces the destroyed structure 144
without creating a burden on Parks and Recreation Infrastructure greater than the burden imposed by the 145
destroyed structure. In the event of such additional burden, the fee shall be calculated based only on the 146
increased burden created by the structure. 147
148
G. Impact Fee Due Upon Issuance of Improvement Location Permit: The impact fee imposed pursuant to the 149
terms of this PRIF Ordinance shall be due and payable upon the issuance of an improvement location permit. 150
The entire fee which is calculated pursuant to the terms of this PRIF Ordinance shall be due at said time, unless 151
the amount of the fee upon calculation is greater than $5,000, in which case except that an installment plan may 152
be requested by the applicant in accordance with the terms set forth in IC 36-7-4-1324 (a), (b), (c), and (d). The 153
Impact Fee Review Board shall establish specific rules consistent with said code provisions for installment 154
payments. The interest rate on any installment plan or deferred payment shall be the pre-judgment rate of interest 155
set forth in the Indiana Code as from time to time amended. If a developer (or individual) requests, the amount of 156
the impact fee shall be assessed upon the voluntary submission of a development plan or upon the issuance of 157
the improvement location permit, which-ever is earlier. For purposes of this section, “assessment” means the act 158
of calculating the amount of the impact fee which shall be due. The Director of Community Services shall make 159
such assessment within thirty (30) days of the date of such voluntary request or at the issuance of the 160
improvement location permit with or without a request. 161
162
H. Lien Rights Established: Pursuant to IC 36-7-4-1325, the City of Carmel acquires a lien against the real estate 163
which is the subject of the impact fee. Upon adoption, this PRIF Ordinance shall be recorded, and, thereafter, it 164
shall constitute constructive notice of the lien rights of the City. The City may, in its discretion, file a specific 165
instrument setting forth its lien rights with respect to a parcel of real estate which is the subject of an installment 166
payment plan for an impact fee, and such instrument shall constitute actual notice in addition to the constructive 167
actual notice in addition to the constructive notice provided for by the recording of this PRIF Ordinance. 168
169
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I. Form of Receipt: The Director of Community Services shall issue a receipt for any and all impact fees 170
collected, and the form of such receipt shall be as follows: 171
172
Received of [fee payer], this [date] day of [month, year], the sum of $ [amount] in [full/partial] satisfaction of 173
impact fees due pursuant to the City of Carmel Unified Development Ordinance, Section No. 1.30,______ 174
relating to improvements to be constructed on the real estate described on Exhibit A, attached hereto, made part 175
hereof, and subject to lien rights in favor of the City of Carmel in the event of partial payment with payments 176
remaining due. The remaining balance due (if any) is in the following amount: $_________. This impact fee is 177
dedicated to the creation of the following infrastructure elements in accordance with the 2015-2020 Zone 178
Improvement Plan: 179
___________________________________ 180
___________________________________ 181
DEPARTMENT OF COMMUNITY SERVICES 182
City of Carmel 183
184
J. Establishment of Impact Fee Review Board; Hearing of Appeals: There is hereby established the Carmel Clay 185
Impact Fee Review Board. The Impact Fee Review Board shall consist of three (3) citizen members (who may 186
be residents of the City of Carmel and/or Clay Township), appointed by the Mayor of the City of Carmel to serve 187
for terms of four (4) years; however, for the purpose of providing for staggered terms of office, the initial 188
members of the Impact Fee Review Board shall be appointed for respective terms of two (2) years, three (3) 189
years, and four (4) years. The members of the Impact Fee Review Board shall not be members of the Plan 190
Commission and shall meet the qualifications prescribed by IC 36-7-4-1338(b), that is, one (1) licensed real 191
estate broker, one licensed (1) engineer, and one (1) certified public accountant. Whenever a member of the 192
Impact Fee Review Board is unable to participate in any matter before the board because of a conflict of interest, 193
the Mayor shall appoint a temporary replacement member, meeting the qualifications of the member being 194
replaced, to serve on the board for the purpose of hearing that matter only. The Impact Fee Review Board shall 195
be governed by IC 36-7-4-1338(c) and all other applicable provisions of the Impact Fee Statute. Any developer 196
(or individual) who believes itself to be aggrieved by the calculation of an impact fee may appeal from such 197
calculation to the Impact Fee Review Board and the Impact Fee Review Board shall conduct a hearing with 198
regard thereto. At such hearing, the developer (or individual) shall bear the burden of going forward with the 199
evidence and shall present evidence addressing either of the following propositions: 200
1. A fact assumption used in determining the amount of the impact fee is incorrect; or 201
2. The amount of the impact fee is greater than the amount allowed under IC 36-7-4-1320, IC 36-7-4-1321, 202
and IC 36-7-4-1322. 203
Upon conclusion of the presentation of evidence, the Impact Fee Review Board shall make a determination 204
within thirty (30) days, upon the facts presented and may make such adjustments in the impact fee as it deems 205
are appropriate under the circumstances, if any. An appeal under Section 1.30(J): Establishment of Review 206
Board; Hearing of Appeals shall be filed not later than thirty (30) days after the issuance of the improvement 207
location permit. The appeal shall be initiated with the filing of a Petition for Review with the Director of 208
Community Services, together with a filing fee in the amount of $100. The filing fee shall be refunded in full: 209
1. If the Petition of Review is granted and the impact fee is eliminated, reduced or adjusted by the Review 210
Board, by independent action of the Director of Community Services, or by a court having jurisdiction, 211
and 212
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2. If the reviewing body determines that the amount of the fee, reductions, or credits were arbitrary or 213
capricious. 214
The Petition for Review shall be in a form calculated to inform the Impact Fee Review Board of the nature of the 215
complaint, the parties to the action, and the relief requested. In addition, the petition shall describe the new 216
development on which the impact fee has been assessed, all facts related to the assessment of the impact fee, and 217
the reasons the petitioner believes that the amount of the impact fee assessed is erroneous or i s greater than the 218
amount allowed by the fee limitations set forth in the Impact Fee Statute. The Director of Community Services 219
shall not deny the issuance of improvement location permit on the basis that the impact fee has not been paid, or 220
condition issuance of the permit on the payment of the impact fee. However, unless the impact fee exceeds 221
$1,000, the developer (or individual) shall pay the impact fee or initiate an appeal under this section before being 222
issued the permit. 223
224
K. Establishment of Impact Fee Fund: There is hereby established an Impact Fee Fund within the City of Carmel 225
to receive any and all sums collected pursuant to this PRIF Ordinance and any other Impact Fee Ordinance that 226
may hereafter be adopted, to be utilized in connection with the purposes set forth in Section 1.30(L): Use of 227
Impact Fees Collected below. A special account shall be established in the fund for Parks and Recreation 228
Infrastructure which shall be kept separate from any other account that may hereafter be established i n the fund 229
for other infrastructure types. In the event, and only in the event, that an additional Impact Zone for Parks and 230
Recreation Infrastructure is created hereafter, a separate account shall be maintained for each separate Impact 231
Zone established within the City of Carmel and Clay Township. Interest earned on any such account shall be 232
deposited and maintained within the separate account. The Fiscal Officer shall manage the Impact Fee Fund 233
according to the provisions of the Impact Fee Statute and maintain records of the status of any such account. 234
Pursuant to IC 36-7-4-1329, the Fiscal Officer shall make an annual report to the Plan Commission and the 235
Carmel/Clay Board of Parks and Recreation of said accounts which shall be available to the public in general 236
and developer (or individual), upon request, in particular. The right to any refund of an impact fee shall be 237
determined strictly in accordance with IC 36-7-4-1332, and the Fiscal Officer is designated, pursuant to IC 238
36-7-4-1332(e), as the official responsible for acting upon any refund applications that may be filed by the 239
developer (or individual). In order to facilitate the payment of any refunds when they may be due, the Fiscal 240
Officer is directed to identify the purpose of any impact fee paid in order that a refund, if any, may be paid from 241
the account into which the fee was originally deposited. 242
243
L. Use of Impact Fees Collected: Any and all fees collected pursuant to the provisions of this PRIF Ordinance 244
may be utilized only for the following purposes: 245
1. Providing funds to be utilized by the Carmel/Clay Board of Parks and Recreation for the purpose of 246
paying the capital costs of Parks and Recreation Infrastructure that is necessary to serve the new 247
development within the City of Carmel and Clay Township and that is identified in the 2015-2020 Zone 248
Improvement Plan; 249
2. An amount not to exceed five percent (5%) of the annual collections of the fees, to be utilized by the 250
Carmel/Clay Board of Parks and Recreation for expenses incurred by the Carmel/Clay Board of Parks 251
and Recreation and/or the City for the consulting services that are used with regard to the establishment 252
and maintenance of this impact fee program; 253
3. To pay any refund that may be due under IC 36-7-4-1332; 254
4. To pay the debt service cost on an obligation issued to provide Parks and Recreation Infrastructure 255
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described in Section 1.30(L)(1) in accordance with IC 36-10-3-27 or other applicable law. 256
257
M. Conflicts with Impact Fee Statute: The Common Council specifically acknowledges the existence of the 258
Impact Fee Statute, which regulates the adoption of impact fee ordinances by municipal corporations within the 259
State of Indiana. It is the intent of the Common Council to comply with such legislation, and this PRIF 260
Ordinance shall be construed in all respects to be consistent with the Impact Fee Statute. The substantive and 261
procedural requirements of the Impact Fee Statute shall control in the event of conflicts, which are unintended 262
by the Common Council. 263
264
N. Amendments and Review: The impact fee provided for herein is based upon information that, in large part, is 265
subject to inflation and other economic and market forces over which the Common Council has no control. The 266
Common Council may, therefore, from time to time, cause a review to be made by the Director of Community 267
Services, or such consultants as may be required, to determine the continuing validity of the Impact Fee, the 268
Impact Zone, and the 2015-2020 Zone Improvement Plan. The Common Council may consider and adopt such 269
amendments as are necessary to cause a substantive compliance with all constitutional and statutory 270
requirements. To the extent required by the facts and circumstances, this process shall include the steps 271
necessary to update the 2015-2020 Zone Improvement Plan and the Comprehensive Plan. 272
273
O. Effective Date and Expiration Date: Pursuant to IC 36-7-4-1340, this PRIF Ordinance shall be effective June 274
15, 2015, June 1, 2020, which is not earlier than six (6) months following its adoption in accordance with the 275
Impact Fee Statute, replacing the PRIF Ordinance adopted on December 7, 2009, November 3, 2014, and 276
wholly contained in Section 1.30: Parks and Recreation Impact Fees. This PRIF Ordinance shall expire five (5) 277
years following such effective date, and no impact fee may be collected under this PRIF Ordinance after such 278
expiration date. However, the Common Council may adopt a replacement impact fee ordinance to take effect 279
before, on or after such expiration date if the replacement ordinance complies with the provisions o f the Impact 280
Fee Statute. 281
282
II. Amend the definition of “Infrastructure, Parks and Recreation” in Section 11.02 of the 283
Unified Development Ordinance to read: 284
285
Infrastructure, Parks and Recreation: The capital improvements that comprise the parks and other recreational 286
facilities that: 287
1. Are owned or leased by the Carmel/Clay Board of Parks and Recreation and/or the City of Carmel solely 288
for a public purpose; and 289
2. Are included in the 2015-2020 Zone Improvement Plan. 290
Parks and Recreation Infrastructure includes the site improvements and interests in real property needed for such 291
parks and other recreational facilities. 292
293
III. Amend the definition of “Plan, Zone Improvement” in Section 11.02 of the Unified 294
Development Ordinance to read: 295
296
Plan, Zone Improvement: The 2015-2020 2020-2025 Zone Improvement Plan for Parks and Recreation 297
Infrastructure which was prepared by the Plan Commission in conjunction with the Comprehensive Plan of the 298
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City of Carmel and Clay Township and approved by the Plan Commission Council on October 21, 2015 (the 299
“2015-2020 Zone Improvement Plan”)or before December 1, 2019. 300
301
IV. Amend the definition of “Planning Jurisdiction” in Section 11.02 of the Unified 302
Development Ordinance to read: 303
304
Planning Jurisdiction: The City of Carmel, Indiana and the unincorporated territory of Clay Township, Hamilton 305
County, Indiana. The jurisdiction of the Unified Development Ordinance, Carmel Board of Zoning Appeals and 306
Carmel Advisory Plan Commission are identical. 307
308
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ADOPTED by the Common Council of the City of Carmel, Indiana this ________ day of 309
______________________ 2019, by a vote of _________ ayes and ________ nays. 310
311
312
COMMON COUNCIL FOR THE CITY OF CARMEL 313
314
315
___________________________________ ____________________________________ 316
Jeff Worrell, President Anthony Green 317
318
___________________________________ ____________________________________ 319
Laura D. Campbell, Vice-President H. Bruce Kimball 320
321
___________________________________ ____________________________________ 322
Ronald E. Carter Kevin D. Rider 323
324
___________________________________ 325
Sue Finkam 326
327
328
ATTEST: 329
330
331
__________________________________ 332
Christine S. Pauley, Clerk-Treasurer 333
334
335
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 336
_________________________ 2019, at _______ __.M. 337
338
339
____________________________________ 340
Christine S. Pauley, Clerk-Treasurer 341
342
343
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 344
________________________ 2019, at _______ __.M. 345
346
347
____________________________________ 348
James Brainard, Mayor 349
ATTEST: 350
351
352
___________________________________ 353
Christine S. Pauley, Clerk-Treasurer 354
355
Prepared by: 356
John R. Molitor, Attorney at Law 357
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 358