Loading...
HomeMy WebLinkAboutDepartment Report 11-29-21, 11-30-21 1 Carmel Plan Commission COMPREHENSIVE PLAN REVIEW COMMITTEE Monday, November 29, 2021 Department Report Tuesday, November 30, 2021 Department Report 1. Docket No. PZ-2021-00177 CP: Carmel Clay Comprehensive Plan Update. The applicant seeks to update and reformat the Carmel Clay Comprehensive Plan. Filed by the Department of Community Services on behalf of the Carmel Plan Commission. DRAFT PLAN: The draft Comprehensive Plan is available as a Web App or as a PDF. Go to www.carmelcomprehensiveplan.com to: • View and navigate the propose Comprehensive Plan in website form • Download the PDF Information is also available on the City’s website at www.carmeldocs.com. REVIEW TOPICS: Section 1: Policy Goals & Objectives PDF Pages 22-23 Finish review of Policy Goals 1.7 Support Healthful Living and 1.8 Improve Mobility Options and Functionality Purpose: To provide a vision for the future by describing general policy direction as we collectively look forward for the next 10+ years. Origin of Policies: Seven of the eight the Policy Goals proposed in the draft have been carried over from the existing C3 Plan. Certainly, the corresponding Objectives have been refreshed based on experiences, changing conditions and best practices over the past decade. The new Policy Goal, Improve Mobility Options & Functionality, is intended to recognize the progress made in improving pedestrian and bicycle facilities, whose objectives were previously scattered among other polices. This goal is also intended to focus on emerging transportation needs and technologies as Carmel continues to grow. While the importance of pedestrian and bicycle-friendliness is foundational to many of the other Policy Goals, and will remain woven throughout, the Department believes that the topic warrants its own Policy Goal. Section 2: Development Patterns PDF Pages 24-43 Review Development Patterns individually (Purpose, Characteristics in Section 2.1, and Map placement in Section 2.2) Purpose: To describe the predominant physical and natural qualities in each part of the city. Development Patterns are not zoning, nor are they exclusively tied to land use. Rather, each recommended Development Pattern uses the inherent contextual qualities within its place in Carmel to shape future growth and development decision making that is consistent with that overall character. Order of Review: The department recommends that the Committee review each Development Pattern in its entirety before moving to the next. This includes both the Characteristics as well as its location on the proposed Development Pattern Map. Correction on Website: We recently corrected a typo on the website regarding the Typical Lot Size listed in the West Neighborhoods Development Pattern. The correct figure is 1/8 to 5 acres as listed in the PDF (pages 29, 40) and on the online Summary Table. The West Neighborhood Characteristics on the website incorrectly listed ½ to 5 acres. 2 SCOPE OF A COMPRHENSIVE PLAN: Several questions were raised at the last meeting regarding the intended scope of a comprehensive plan in the context of some of the proposed Policy Goals and Objectives. Please see two memos (attached) which are intended to clarify the Department’s position on this larger question and aid discussions moving forward. PUBLIC COMMENT SPREADSHEET: The Department continues to receive and maintain a spreadsheet compilation of comments* received via the “Provide Feedback” form on the website. The spreadsheet is updated periodically and available for viewing in Laserfiche: PZ-2021-00177 CP: Carmel Clay Comprehensive Plan Update. *Note: Most of the comments have been entered into the spreadsheet verbatim; however, some have been separated into individual rows to help sort comments by specific topic. ADDITIONAL MEETING DATE: Please mark your calendars for Tuesday, December 7, 6:00 p.m. in City Hall Council Chambers. The Commercial Committee meeting will begin at 5:30 in the Caucus Room. Recommendations: Monday, November 29: The Department of Community Services recommends the Committee set a time limit and finish review of Section 1: Policy Goals & Objectives and begin review of Section 2: Development Patterns as time allows. Tuesday, November 30: The Department of Community Services recommends the Committee set a time limit and continue review of Section 2: Development Patterns as time allows. CITY OF CARMEL JAMES BRAINARD, MAYOR Dear Commissioners, Upon request and in preparation to the November 29 and November 30 Comprehensive Plan review meetings, City staff thought it would be helpful to provide some additional information regarding comprehensive plans generally and their role in shaping of the City's land use and development policies specifically. The following summary is by no means comprehensive and is limited to a mostly legal viewpoint- additional perspectives from planning staff, administration, Council, and other stakeholders would need to be considered for a fuller picture. Comprehensive plan creation and its minimum contents are governed by Ind. Code 36-7-4-501-et-al. At a minimum, a comprehensive plan must include the following elements: (1)A statement of objectives for the future development of the jurisdiction; (2)A statement of policy for the land use development of the jurisdiction;(3)A statement of policy for the development of public ways,public places,public lands,public structures, and public utilities. Ind. Code Ann. § 36-7-4-502. However, it's been long recognized that a comprehensive plan, is a general, long-term blueprint used as a "guiding and predictive force" in the physical development of a community as a whole. Social, economic, and physical conditions in a community all influence the creation of a comprehensive plan's goals and the means to be used in achieving these goals. See e.g. Borsuk v.Town of St.John, 820 N.E.2d 118, 121 (Ind. 2005).To effectuate these broad goals and in addition to these minimum required elements, the Indiana Code allows comprehensive plans to include the following additional elements that touch on many different areas of community development: (1) Surveys and studies of current conditions and probable future growth within the jurisdiction and adjoining jurisdictions. (2) Maps, plats, charts, and descriptive material presenting basic information, locations, extent, and character of any of the following: (A) History, population, and physical site conditions. (B) Land use, including the height, area, bulk, location, and use of private and public structures and premises. (C) Population densities. (D) Community centers and neighborhood units. (E)Areas needing redevelopment and conservation. (F) Public ways, including bridges,viaducts, subways, parkways, and other public places. (G) Sewers, sanitation, and drainage, including handling, treatment, and disposal of excess drainage waters, sewage,garbage, refuse, and other wastes. (H)Air, land, and water pollution. (I) Flood control and irrigation. (J) Public and private utilities, such as water, light, heat, communication, and other services. (K) Transportation, including rail, bus, truck, air and water transport, and their terminal facilities. OFFICE OF CORPORATION COUNSEL CITY HALL, ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317-571-2472 FAX 317-571-2484 (L) Local mass transit, including taxicabs, buses, and street, elevated, or underground railways. (M) Parks and recreation, including parks, playgrounds, reservations, forests, wildlife refuges, and other public places of a recreational nature. (N) Public buildings and institutions, including governmental administration and service buildings, hospitals, infirmaries, clinics, penal and correctional institutions, and other civic and social service buildings. (0) Education, including location and extent of schools and postsecondary educational institutions. (P) Land utilization, including agriculture, forests, and other uses. (Q) Conservation of energy, water, soil, and agricultural and mineral resources. (R) Any other factors that are a part of the physical, economic, or social situation within the jurisdiction. (3) Reports, maps, charts, and recommendations setting forth plans and policies for the development, redevelopment, improvement,extension, and revision of the subjects and physical situations (set out in subdivision (2) of this section) of the jurisdiction so as to substantially accomplish the purposes of this chapter. (4) A short and long range development program of public works projects for the purpose of stabilizing industry and employment and for the purpose of eliminating unplanned, unsightly, untimely, and extravagant projects. (5) A short and long range capital improvements program of governmental expenditures so that the development policies established in the comprehensive plan can be carried out and kept up- to-date for all separate taxing districts within the jurisdiction to assure efficient and economic use of public funds. (6) A short and long range plan for the location, general design, and assignment of priority for construction of thoroughfares in the jurisdiction for the purpose of providing a system of major public ways that allows effective vehicular movement, encourages effective use of land, and makes economic use of public funds. Ind. Code § 36-7-4-503 (West) Although comprehensive plan plays a central role in zoning and planning decisions by Plan Commission, City Council, and BZA, it is designed to give general guidance to all governmental entities as to how to rationally allocate land use with due consideration given to the community as a whole. Borsuk,820 N.E.2d at 121 (citing Udell v. Haas, 21 N.Y.2d 463, 288 N.Y.S.2d 888, 235 N.E.2d 897, 900-01 (1968).) At a minimum, Ind.Code 36-7-4-504 requires each governmental entity within a particular jurisdiction to give consideration to the general policy and pattern of development set out in the plan in the: (1) authorization, acceptance, or construction of water mains, sewers, connections, facilities, or utilities; (2) authorization,construction,alteration,or abandonment of public ways, public places, public lands, public structures,or public utilities;and(3)adoption,amendment,or repeal of zoning ordinances,including zone maps and PUD district ordinances (as defined in section 1503 of this chapter), subdivision control ordinances, historic preservation ordinances, and other land use ordinances. Being intentionally broad and encompassing multiple areas/aspects of community development, such plans help shape community's identity and give private property owners as well as prospective developers notice of this identity, community values, and expectations for future development projects and land use prerogatives.See e.g. Donna J. Patalano, Police Power and the Public Trust: Prescriptive Zoning Through the Conflation of Two Ancient Doctrines, 28 B.C. Envtl. Aff. L.Rev. 683, 697-98 (2001). Further, comprehensive plans are designed to help alleviate the potential inefficiencies and inconsistencies in the development of communities caused by the focused activities of different local agencies that may not regularly coordinate with one another. For example, City Council, Plan Commission, BZA, Redevelopment Commission, Economic Development Commission, Historic Preservation Commission, staff(if for example permit- granting authority is delegated to a department director or a hearing officer), various advisory committees all should consult with general goals,objectives and policies when considering matters within their respective roles. Because of such wide application, modern comprehensive plans include provisions that go beyond traditional land use considerations. It is important to emphasize that due to its long-range vision, comprehensive plans are not designed to address specifics of each particular project or land use issue, and deviations from the overall objectives listed in the plan are common and to-be expected depending on the particularities of various projects or land parcels. A comprehensive plan is "a guide to community development rather than an instrument of land-use control." Borsuk, 820 N.E.2d at 121-22; see also 4 Kenneth H. Young,Anderson's American Law of Zoning, § 23.15 (4th ed.1996); Ogden v. Premier 122 Properties, USA, Inc., 755 N.E.2d 661, 671 (Ind.Ct.App.2001) (explaining that deviation from the plan, standing alone, does not establish arbitrary action, especially in light of other evidence before the city council). Comprehensive plans establish a starting point which various agencies should (and sometimes must) pay reasonable regard to, but it is far from being an exclusive or controlling consideration. Local zoning and planning ordinances and regulations,federal and state regulations, administrative rules and processes provide more targeted and far more detailed regulatory framework for municipality-wide planning, individual (re)development projects and land utilization, and other issues associated with land use and community development. In summary, comprehensive plans in Indiana are designed to lay out broad goals, objectives and policies that encompass many areas of community's physical, economic, and social development. Regularly dealing with land use and community's physical development matters, Plan Commission (with input from staff, stakeholders, professionals, and community at-large) is best-suited to prepare the first draft of the comprehensive plan. However, due to its broad scope and wide application, in developing Carmel's Comprehensive Plan, Plan Commission members should consider a wide range of development matters that go beyond traditional land use considerations. I hope that this summary will be helpful in your review of Carmel's Comprehensive Plan.As always, please do not hesitate to contract legal department if you have any additional questions or concerns. Sincerely, 6„-_,A,caku.4.1 Serg hukhin Assists t rporation Counsel Department of Community Services One Civic Square, Carmel, IN 46032 Phone 317.571.2417, Fax 317.571.2426 Michael P. Hollibaugh, Director November 24, 2021 To: Plan Commission From: Mike Hollibaugh, Director DOCS RE: Comprehensive Plan scope, direction This note is follow-up to the Comprehensive Plan Review Committee meeting on November 2. It is also intended to supplement (build upon) the excellent Memo provided by Carmel’s Legal Department addressing Indiana’s legal foundation of a comprehensive plan which clearly allows us options for how to plan our City. The City of Carmel has a rather rich tradition of planning for the growth of our community, going back to 1959 when the Town of Carmel took-on the responsibility of planning and zoning for all of Clay Township. This isn’t a history lesson (we can do that, but later, ok?) but rather an observation that Carmel government has been actively planning for a better future for a long time and it appears that this tradition is working in so many ways. We live in a great city. Our planning efforts today build upon a foundation of ideas and actions by previous Plan Commissioner s and City Council officials who have laid the groundwork for us to continue their tradition of forward-thinking livable city planning. It is a serious responsibility that each of us may approach or define a little bit differently – but we all have the ultimate goat to ensure a better Carmel for future generations. The Carmel of today is vastly different than the community that produced comprehensive plans in 1972, 1985 or 1991. Our boundary is the same, Clay Township, our street grid is largely the same, but is now punctuated by the myriad of new subdivision streets and commercial drives that have been built over the decades. The issues and needs our City faces today, while different from those of the past, are equally as important and significant as those confronted by past community leaders. And today our City holds a place in a growing Indianapolis metro-region that would be difficult to imagine by previous generations, presenting us with significant challenges and opportunities that can’t (or shouldn’t) be ignored. Over the past few decades there are many improvements in our City that people take for granted as staples of the Carmel community were a result of previous Comprehensive Plans. These include a handful of new streets that have been crucial to Carmel’s mobility needs, such as Illinois Street Grand Boulevard and Hazel Dell Parkway. Without a broad Comprehensive Plan, along with a Pl an Commission and City Council who believed those planned streets were important for our future, Department of Community Services One Civic Square, Carmel, IN 46032 Phone 317.571.2417, Fax 317.571.2426 Michael P. Hollibaugh, Director they almost certainly would not have been built. The choices of what we choose to include in the Comprehensive Plan matter and have consequences. It is the Department’s belief that the framework in the draft Comprehensive Plan is the right one for Carmel today, and we look forward to continuing the review and discussion. The Plan before you strikes a balance of different academic approaches to planning that is uniquely Carmel. It builds upon previous planning efforts including the C3 Plan, Civic Design, US 31 Corridor Plan, and others, while at the same time respecting Carmel traditions. It is important that we continue supporting our City’s evolution, to build upon the goals and high standards set previously for our City that go beyond simply managing our community’s form - setting forth in a commonsense way a comprehensive vision for a better City of Carmel - to be a leading city, that perpetuates economic vitality and works and invests in adapting to the ever changing needs of people, business trends and market forces. We can and should set high goals in our Comprehensive Plan in order to help residents in our City achieve good health, make family and social connections, improve mobility and to approach climate and sustainability issues in a manner that will enable the City to adapt to the changing environment. This Comprehensive Plan is not a mandate, but a proposal to continue the upward trend of our City as a vibrant place to call home, a platform where life takes place, and where business happens. It builds upon the plans and traditions laid by Carmel leaders decades ago, as it should, and strives to grow our community leadership in the Indianapolis region. We look forward to continuing the discussion at our meeting on November 29.