HomeMy WebLinkAboutZ-316 PUD DistrictsOrdinance No. Z-316
AN ORDINANCE REGULATING PROPOSED AMENDMENTS TO THE TEXT OF
THE CARMEL/CLAY ZONING ORDINANCE AND PROPOSALS TO CHANGE
THE ZONE MAPS INCORPORATED BY REFERENCE THEREIN, AND
PROVIDING FOR CERTAIN OTHER MATTERS CONNECTED THEREWITH
WHEREAS, the Indiana General Assembly enacted legislation in 1995 which
specifically authorized local legislative bodies and plan commissions to permit or require
landowners to make binding, written "commitments" in conjunction with proposals to
rezone land and/or establish planned unit development districts; and
WHEREAS, such legislation, idemi~ed as Public Law 320-1995, took effect January 1,
1996; and
WHEREAS, it is necessary and desirable that the Carreel/Clay Zoning Ordinance
should be updated to conform to Public Law 320-1995 so that the Carmel/Clay
community can utilize the provisions of such law and enjoy the benefits thereof; and
WHEREAS, the Carmel/Clay Plan Commission has given a favorable recommendation
to the ordinance set forth below which so updates the Zoning Ordinance:
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carreel, Indiana, that, pursuant to IC 36-7-4-600 et seq., and IC 36-7-4-1500 et seq., it
adopts this Ordinance as an amendment to the Carmel/Clay Zoning Ordinance Z-289, as
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amended (the "Zoning Ordinance"), and amends and restates Section 3 1.6 thereof, entitled
Amendments to the Zoning Ordinance, to read as follows:
3 1.6 AMENDMENTS TO THE ZONING ORDINANCE
3 1.6.1 Definitions
All of the definitions contained in Section 3.0 of the Zoning Ordinance shall apply to this
Section. In addition, the following definitions shall also apply to this Section:
COMMITMENT. A covenant concerning the use or development of a parcel of real
property which is made in writing by the owner of that parcel, either voluntarily or
in accordance with an order or request of the Commission.
PLANNED UNIT DEVELOPMENT DISTRICT. A zoning district for which a PUD
District Ordinance is adopted under Section 3 1.6.4.
PUD DISTRICT ORDINANCE. A zoning ordinance that:
(1) designates a parcel of real property as a Planned Unit Development District;
(2) specifies uses or a range of uses permitted in the Planned Unit Development
District;
(3) expresses in detailed terms the development requirements that apply in the
Planned Unit Development District;
(4) specifies the plan documentation and supporting information that must be
supplied before an improvement location permit may be issued for
development of real property in the Planned Unit Development District;
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(5) specifies any limitation applicable to the Planned Unit Development District;
and
(6) meets the requirements of IC 36-7-4-1500 et seq.
31.6.2 Proposals to Amend or Partially Repeal the Text of the Ordinance
The following procedure applies to a proposal to amend or partially repeal the text (not
zone maps) of this Zoning Ordinance:
(1) The proposal may be initiated by either the Commission or the Council; however,
if the Council initiates the proposal, it shall require the Commission to prepare it.
(2) The Commission shall prepare the proposal so that it is consistent with applicable
state law.
(3) 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.
(5) Within ten (10) business days after the Commission determines its recommendation
(if any), the Commission shall certify the proposal to the Council with a favorable
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recommendation, an unfavorable recommendation, or no recommendation from
the Commission.
(6) 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 36-7-4-607.
(7) If the proposal is adopted, the Commission shall print the amendments to the
Zoning Ordinance in book or pamphlet form, or arrange for them to be included in
the City' s Code of Ordinances.
(8) Unless the proposal provides for a later effective date, the amendments contained
in the proposal take effect when the proposal is duly adopted, except for any
provision prescribing a penalty or forfeiture for a violation, which may not take
effect until the Commission complies with the applicable notice and filing
requirements described in IC 36-7-4-610.
31.6.3 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.
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(2) The Commission or petitioners shall prepare the proposal so that it is consistent
with applicable state law.
(3) 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.
(5) 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 Commitment subject to the rules prescribed for
Commitments by Section 3 1.6.5. By permitting or requiring a Commitment, the
Commission does not become obligated to recommend or not recommend the
adoption of the proposal.
(6) Within ten (10) 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.
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(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.
(8) 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 31.6.5.
(9) If the proposal is adopted, the Commission shah 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.
31.6.4 Proposals to Adopt or Amend Planned Unit Development District Ordinances
The following procedure applies to a proposal to adopt or amend a PUD District
Ordinance:
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(1) The proposal must be initiated by a petition signed by property owners who own
all of the land to be included in the Planned Unit Development District.
(2) The petitioners shall prepare the proposal so that it is consistent with the definition
of a PUD District Ordinance provided in Section 3 1.6.1 above.
(3) The proposal may provide that any development requirements (other than
permitted uses) that are specified in the PUD District Ordinance may be modified
by a heating examiner or committee designated by the Commission, after a public
hearing held in accordance with the Commission' s Rules of Procedure. However,
any decision of a heating examiner or committee which approves or denies any
requested modification may be appealed by the Director or any interested party to
the Commission, also in accordance with the Commission' s Rules of Procedure.
(4) 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, ('~i) 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.
(5) The Commission shall give notice and hold a public heating on the proposal in
accordance with its Rules of Procedure.
(6) Whenever the Commission deems it advisable in regard to the matters contained in
subparagraph (3) or (4) above, the Commission may permit or require the owner
of a parcel of real property to make a Commitment subject to the rules prescribed
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for Commitments by Section 3 1.6.5. By permitting or requiring a Commitment,
the Commission does not become obligated to recommend or not recommend the
adoption of the proposal.
(7) Within ten (1 O) 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.
(8) 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 and IC 36-7-4-1512.
(9) 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 31.6.5.
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(1 O) 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 to
reflect the designation of the parcel as a Planned Unit Development District.
( 11 ) Unless the proposal provides for a later effective date, the PUD District
Ordinance takes effect when the proposal is duly adopted.
3 1.6.5 Rules Governing Commitments
(1) Form. A Commitment must be in substantially the form set forth in the
Commission' s Rules of Procedure, and must identify any specially affected persons or
class of specially affected persons who may enforce the Commitment. A Commitment
must authorize its recording by the Director in the office of the Hamilton County
Recorder.
(2) Recording; Copies. A Commitment shall be recorded in the office of the Hamilton
County Recorder and takes effect upon the adoption of the proposal to which it relates.
Following the recording of a Commitment, the Director shall return the original recorded
Commitment to the owner and shall retain a copy of the recorded Commitment in the
Commission' s file.
(3) Persons Bound. Unless it is modified or terminated by the Commission in
accordance with subparagraph (4) below, a recorded Commitment is binding on the owner
of the parcel, a subsequent owner of the parcel, and any other person who acquires an
interest in the parcel. An unrecorded Commitment is binding on the owner of the parcel
who makes the Commitment. An unrecorded Commitment is binding on a subsequent
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owner of the parcel or a person acquiring an interest in the parcel only if the subsequent
owner or the person acquiring the interest has actual notice of the Commitment.
(4) Modification or Termination by Commission. Except for a Commitment modified
under Section 3 1.6.3(8) or 3 1.6.4(9) above or automatically terminated under
subparagraph (5) below, a Commitment may be modified or terminated only by a decision
of the Commission made at a public heating after notice of the heating has been given
under the Commission' s Rules of Procedure.
(5) Rezone Proposals; Automatic Termination. A Commitment made under Section
3 1.6.3 above automatically terminates if after the adoption of the proposal to which it
relates:
(A) the zone map applicable to the parcel is changed; or
(B) the parcel is designated as a Planned Unit Development district under this Zoning
Ordinance.
ALL OF WHICH IS SO ORDAINED this fl 3' day of ~ ,19 ]~ , by the
Common Council of the City of Carreel.
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Attest:
Diana L. Cordray, Clerk-Treasurer
Presented to me this ,fl, 3
day of
ainard, Mayor
Attest:
Diana L. Cordr~y, Clerk-Treasurer
at ,6 [~ o/~' clock.
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CERTIFICATION OF CARMEL/CLAY PLAN COMMISSION'S
RECOMMENDATION ON ZONING ORDINANCE AMENDMENT
FOR THE CITY OF CARMEL AND CLAY TOWNSHIP
To:
The Honorable Common Council
of the City of Carmel,
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following report on a proposed Zoning
Ordinance Amendment initiated by the Department of Community Services petitioning the
Commission to allow the Plan Commission to permit or require landowners to make written
commitments concerning the use of, or development of parcels that are the subject of ordinance
amendments or fezone requests.
The Cannel/Clay Plan Commission's recommendation on the petition of the applicant is
FAVORABLE.
At a Special Session held December 11, 1996, the Cannel/Clay Plan Commission approved the
requested Zoning Ordinance Amendment (COPY ATTACHED) by a vote of 13 in favor, none
opposed.
CARMEL/CLAY PLAN COMMISSION
Dated: December 12, 1996
B Y: H. K. Th~~esi~ent
·
CERTIFICATION OF CARMEL/CLAY PLAN COMMISSION'S
RECOMMENDATION ON ZONING ORDINANCE AMENDMENT
FOR THE CITY OF CARMEL AND CLAY TOWNSHIP
To:
The Honorable Common Council
of the City of Carreel,
Hamilton County, Indiana
Dear Members:
The Carrnel/Clay Plan Commission offers you the following report on a proposed Zoning
Ordinance Amendment initiated by the Department of Community Services petitioning the
Commission to allow the Plan Commission to permit or require landowners to make written
commitments concerning the use of, or development of parcels that are the subject of ordinance
amendments or rezone requests.
The Cannel/Clay Plan Commission's recommendation on the petition of the applicant is
FAVORABLE.
At a Special Session held December 11, 1996, the Carmel/Clay Plan Commission approved the
requested Zoning Ordinance Amendment (COPY ATTACHED) by a vote of 13 in favor, none
opposed.
CARiMEL/CLAY PLAN COMMISSION
B Y: H. K. Thom~po~~Presiaent
TREASUR~ D
DE(, 12 1996
Dated: December 12, 1996