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HomeMy WebLinkAboutG-2023-006 Expressing-Position-on-Park-Impact-Fees Page 1 RESOLUTION G-2023-006 A RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION EXPRESSING ITS POSITION ON PARK AND RECREATION IMPACT FEE CREDITS WHEREAS, the Carmel/Clay Board of Parks and Recreation (the “Board”) is a unit of government created and authorized to administer the Carmel/Clay Department of Parks and Recreation (the “Department”) pursuant to that certain agreement entitled “Interlocal Cooperation Agreement” signed by the respective authorized officials of Clay Township, Hamilton County, Indiana (the “Township”) and City of Carmel, Indiana (the “City”) on July 30, 2002 and effective January 1, 2003, as amended from time to time; and WHEREAS, the Board has fiduciary and policy-setting authority over the Department as established in the Interlocal Cooperation Agreement and is the only governing unit within the Township and City solely dedicated to oversight of parks and recreation; and WHEREAS, the Department is recognized as one of the best park and recreation agencies in the United States, validated as the 2014 and 2020 recipient of the National Gold Medal Award for Excellence in the Field of Park and Recreation Management, the highest honor for any park and recreation system, and affirmed through its national accreditation since 2014 through the Commission for Accreditation of Park and Recreation Agencies; and WHEREAS, the 2020-2024 Comprehensive Parks and Recreation Master Plan (the “Master Plan”), approved by the Board through Resolution G-2019-007, included extensive public input to identify the park and recreation needs of the community and establish the priorities and goals of the park and recreation system; and WHEREAS, the Board is in the process of developing a new comprehensive master plan and is reviewing recently collected public input to formulate new priorities and goals for the park and recreation system; and WHEREAS, pursuant to Ind. Code §36-7-4-1300 et. seq., the Common Council of the City of Carmel, Indiana, first established the Park and Recreation Impact Fee (the “Impact Fee”) in 1996 as an equitable program to finance the planning, acquisition, and construction of park and recreation infrastructure necessary to serve newly developing areas of the City and Township; and WHEREAS, the City of Carmel Unified Development Ordinance §1.30(F) (the “Ordinance”) and Ind. Code §36-7-4-1335 permits the application of a credit in lieu of payment of Impact Fees (the “Impact Fee Credit”) for a developer who constructs or provides certain infrastructure or other improvements of a type for which a unit imposes an impact fee in an impact zone; and WHEREAS, Ind. Code §36-7-4-1335 further outlines criteria that must be met for a developer to be eligible for an Impact Fee Credit, including that infrastructure for which a credit is granted must allow for the removal of a component of infrastructure planned for the impact zone, be a useful addition to the impact zone, or is reasonably likely to be included in a future zone improvement plan for the impact zone; and DocuSign Envelope ID: A78182FB-CAF6-4C45-803F-F393183C4E1C Page 2 WHEREAS, the Ordinance authorizes the Board to accept and consent to infrastructure included in the Zone Improvement Plan or the Board of Public Works and Safety (the “BPW”) may consent and accept infrastructure or improvements that are not included in the Zone Improvement Plan; and WHEREAS, it is the position of the Board that all proposed Impact Fee Credits should be evaluated and approved by the Department and Board. NOW, THEREFORE, BE IT RESOLVED by the Carmel/Clay Board of Parks and Recreation as follows: 1. The Board affirms its commitment to providing park and recreation infrastructure throughout the City of Carmel and Clay Township. 2. The Board is the only governing unit within the City and Township dedicated solely to serving the park and recreation needs of the community. 3. Development of park and recreation infrastructure is prioritized by the Board based on the Comprehensive Parks and Recreation Master Plan, which is developed with extensive community input. 4. The Zone Improvement Plan, which establishes a community level of service, estimates the cost and revenue sources to maintain the community level of service and establishes the infrastructure eligible for use of impact fees, is developed based on the Comprehensive Parks and Recreation Master Plan. 5. Impact Fees are a critical component of the Board’s funding strategy for new park and recreation infrastructure necessary to serve the increased demand on the park system resulting from new residents moving into the community. 6. Impact Fee Credits should only be provided for park and recreation infrastructure that aligns with the priorities and goals of the Comprehensive Parks and Recreation Master Plan. 7. Impact Fee Credits should not be provided to fund construction of projects that would otherwise be provided by a developer to attract residents or businesses to the development and/or will not be perceived by the public as a park as defined by the Comprehensive Parks and Recreation Master Plan. 8. Projects receiving Impact Fee Credits should have a site master plan that incorporates public input gathered from at least two (2) public meetings facilitated in coordination with and consistent with the planning practices used by the Board. 9. Cost estimates used for the basis of Impact Fee Credits should be independently reviewed and validated by a consultant selected by the Board. 10. Infrastructure developed with Impact Fee Credits should be bonded and inspected to ensure all committed infrastructure is developed and built to specifications. 11. To ensure transparency for the public, the Carmel Unified Development Ordinance should be amended requiring all future Impact Fee Credits to be approved with (a) the consent and acceptance of the Board and (b) upon the adoption of a resolution of the Common Council approving the infrastructure and the amount and terms of any Impact Fee Credit granted. 12. All Impact Fee “credits” paid by a developer and receipted by the City into a fund other than the Park Impact Fee Fund 106 should be reimbursed to the Park Impact Fee Fund 106 in compliance with Carmel Unified Development Ordinance Section 1.30(K). BE IT FURTHER RESOLVED, in light of the five (5) proposed Impact Fee Credits totaling in excess of $10.1 million on the November 15, 2023, agenda for the Board of Public Works: DocuSign Envelope ID: A78182FB-CAF6-4C45-803F-F393183C4E1C Page 3 The Board requests all proposed Impact Fee Credits currently under consideration or anticipated to be considered by the Board of Public Works through December 31, 2023, be deferred to give the incoming administration and newly-elected Common Council an opportunity to review the need and appropriateness of proposed credits. APPROVED AND ADOPTED by the Carmel/Clay Board of Parks and Recreation this 14th day of November 2023 by a vote of __8__ ayes and __0__ nays. CARMEL/CLAY BOARD OF PARKS AND RECREATION Richard F. Taylor III, President X Aye Nay Jenn Kristunas, Vice-President X Aye Nay Lin Zheng, Treasurer X Aye Nay Linus Rude, Secretary X Aye Nay James D. Garretson X Aye Nay Carrie Holle Absent Aye Nay Joshua A. Kirsh X Aye Nay Kristin Kouka X Aye Nay Mark Westermeier X Aye Nay CERTIFICATION I certify under the penalties of perjury that the foregoing members of the Carmel/Clay Board of Parks and Recreation voted as indicated above at a public meeting on November 14, 2023. Richard F. Taylor III, President DocuSign Envelope ID: A78182FB-CAF6-4C45-803F-F393183C4E1C