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Home My WebLink AboutCC-01-08-24-01 Amend UDO - send to Plan Commission - Version ASPONSOR(S): Councilor Aasen, Councilor Snyder, Councilor Taylor RESOLUTION CC 01-08-24-01 (AS AMENDED) RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA RECOMMENDING CONSIDERATION OF AN AMENDMENT TO THE UNIFIED DEVELOPMENT ORDINANCE FOR THE CITY AND REFERRING THE SAME TO THE CARMEL PLAN COMMISSION FOR RECOMMENDATION Synopsis: This Resolution refers a proposal to amend Sections 1.30(F), (K), and (L) of the Carmel Unified Development Ordinance to the Carmel Advisory Plan Commission for public hearing and recommendation to the Common Council. WHEREAS, the Common Council of the City of Carmel, Indiana (“City”) previously adopted Ordinance Z-644-19 restating and amending an ordinance establishing an impact fee for the purpose of planning and financing park and recreation infrastructure needed to serve new residential development (the “PRIF Ordinance”); and WHEREAS, the Common Council desires to amend the PRIF Ordinance in accordance with Ind. Code §36-7-4-602(b) in order to revise the process for extending credits to developers in lieu of payment of the Park and Recreation Impact Fee (PRIF) established by the PRIF Ordinance; and WHEREAS, Ind. Code §36-7-4-607(b) requires any proposal to amend or partially repeal the text of the PRIF Ordinance be referred to the City’s Advisory Plan Commission (the “Commission”) for consideration and recommendation before any final action is taken by the Common Council; and WHEREAS, upon receiving a proposal for the amendment or repeal of the text of the PRIF Ordinance, the Commission shall, within sixty (60) days, hold a public hearing in accordance with Ind. Code §36-7-4-607(b) and make a recommendation on the proposal not later than sixty (60) days after the Commission holds the public hearing; and WHEREAS, as required by Ind. Code §36-7-4-607(c) the Commission is required to certify to the Common Council the Commission’s recommendation before final action is taken by the Common Council. NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AS FOLLOWS: Section 1. Recitals Incorporated. The foregoing Recitals are incorporated herein by this reference. Section 2. Recommendation and Referral. The Common Council proposes for consideration the amendment to the PRIF Ordinance attached hereto as Exhibit A and refers the same to the Commission for consideration, a public hearing and recommendation before any final action is taken by the Common Council. A form of Notice of Public Hearing is attached hereto as Exhibit B for the Commission’s convenience. Section 3. Action by the Common Council. Upon receipt of the recommendation of the Commission, the Common Council shall review and consider adoption of the Amendment. Resolution CC 01-08-24-01 Version A – Land Use and Special Studies Committee, February 7, 2023 Page One of Two Pages DocuSign Envelope ID: 0DEB65AC-E149-4A41-AEE8-1A1D66FF2D76 SPONSOR(S): Councilor Aasen, Councilor Snyder, Councilor Taylor Section 4. Effectiveness. This Resolution shall take effect immediately upon its passage by the Council and approval of the Mayor and upon such approval shall be transmitted by the Clerk to the Commission. SO RESOLVED, by the Common Council of the City of Carmel. Indiana, this ___ day of _______________, 2024 by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ______________________________ _______________________________ Anthony Green, President Adam Aasen, Vice-President ______________________________ ______________________________ Jeff Worrell Teresa Ayers ______________________________ ______________________________ Shannon Minnaar Ryan Locke ______________________________ ______________________________ Matt Snyder Rich Taylor ______________________________ Dr. Anita Joshi ATTEST: ______________________________ Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ___ day of _________________, 2024, at ______ __.M. _________________________________ Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana this ___ day of _________________, 2024, at ______ __.M. _________________________________ Sue Finkam, Mayor ATTEST: _________________________________ Jacob Quinn, Clerk Resolution CC 01-08-24-01 Version A – Land Use and Special Studies Committee, February 7, 2023 Page Two of Two Pages DocuSign Envelope ID: 0DEB65AC-E149-4A41-AEE8-1A1D66FF2D76 11:15 February A 20th 9 February 19th 11:30 0 February 20th A EXHIBIT “A Form of Amending Ordinance ORDINANCE Z- ____________ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING SECTIONS 1.30(F), (K), and (L) OF THE UNIFIED DEVELOPMENT ORDINANCES This Ordinance amends and replaces Sections 1.30(F), (K), and (L) of the Unified Development Ordinance regarding the procedures for granting of park and recreation fee credits. WHEREAS, the Common Council of the City of Carmel, Indiana (“City”) previously adopted Ordinance Z-644-19 restating and amending an ordinance to establish an impact fee for the purpose of planning and financing park and recreation infrastructure needed to serve new residential development (the “PRIF Ordinance”); and WHEREAS, the Common Council desires to amend the text of the PRIF Ordinance pursuant in Ind. Code §36-7-4-602(b) in order to revise the process for the approval of extending credits to developers in lieu of the payment of the Park and Recreation Impact Fee (PRIF) established by the PRIF Ordinance; and WHEREAS, pursuant to Common Council Resolution No. CC 01-08-24-01, the City’s Advisory Plan Commission (the “Commission”) received the Common Council’s proposal to consider and provide a recommendation to the Common Council regarding the proposed amendment to the PRIF Ordinance; and WHERAS, pursuant to Ind. Code §36-7-4-604 the Commission held a public hearing on ___________, 2024 after providing public notice thereof as required by law; and WHEREAS, upon completion of the public hearing the Commission voted to make the following recommendation as evidenced by the certification attached hereto as Exhibit A: __________; and WHEREAS, the Common Council now desires to adopt the Amendment in the form included in this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AS FOLLOWS: Section 1. Recitals Incorporated. The foregoing Recitals are incorporated herein by this reference. DocuSign Envelope ID: 0DEB65AC-E149-4A41-AEE8-1A1D66FF2D76 Section 2. Amendment. Section 1.30(F) of the Unified Development Ordinance shall be amended and restated as follows: F. Credit in Lieu of Payment; Exemptions: 1. Pursuant to IC 36‑7‑4‑1335, any developer (or individual) obligated to pay a fee pursuant to the terms of this PRIF Ordinance may be granted the option of financing, constructing and dedicating Parks and Recreation Infrastructure instead of making all or part of any impact fee payment which may be due, so long as such financing, construction and dedication are accomplished either: a. Pursuant to the Zone Improvement Plan and with the consent and acceptance of the Carmel-Clay Board of Parks and Recreation, or b. With respect to components of infrastructure or other improvements that are not included in the Zone Improvement Plan, after consultation with the Director of Carmel-Clay Parks and Recreation, with the initial approval by the Council, where, if desired, the Council can set a percentage limit, with variance limits, of how much credit is allocated for site improvements, and with final consent and acceptance of the Board of Public Works and Safety. 2. The developer (or individual) providing the infrastructure or improvement, shall be allowed a credit in an amount equal to the sum of: a. The actual cost of constructing or providing the infrastructure or improvements, plus b. The fair market value of the land, real property interests, and site improvements provided. 3. The amount of the credit shall be determined by agreement (the “Credit Agreement”) between the person constructing or providing the infrastructure or improvement and either: a. The Carmel-Clay Board of Parks and Recreation; or b. The Board of Public Works and Safety, depending upon which entity is best suited to accept the dedication of the infrastructure or improvement. The developer (or individual) shall make a request for credit prior to the issuance of the improvement location permit. The Board of Public Works and Safety shall not approve a proposed Credit Agreement if the credit allocation for any site improvement(s) exceeds the percentage limit, including variance limits, set by Council, if applicable. In the event the credit is less than the amount of the impact fee due pursuant to Section 1.30(E): Establishment of Impact Fee above, the remaining balance shall be due in accordance with the provisions stated hereafter. 4. Credits against impact fees otherwise due shall be allowed pursuant to this section for all infrastructure and improvements constructed or furnished in accordance with IC 36‑7‑4‑1313 and IC 36‑7‑4‑1335 since January 1, 1989. In addition, a developer (or individual) responsible for installing infrastructure or improvements may designate in writing a method of allocating its credits to future owners who may be successors in interest to the credits earned by the developer (or individual) as part of the Credit Agreement provided for above. 5. Any developer (or individual) obligated to pay the fee established by this PRIF Ordinance whose property was totally or partially destroyed by fire, storm or other casualty beyond his or her control, shall be exempt from said fee if such developer (or individual) repairs or replaces the destroyed structure without creating a burden on Parks and Recreation Infrastructure greater than the burden imposed by the destroyed structure. In the event of such additional burden, the fee shall be calculated based only on the increased DocuSign Envelope ID: 0DEB65AC-E149-4A41-AEE8-1A1D66FF2D76 burden created by the structure. 6. The Council reserves the right to conduct audits and request any information from any source related to the credits approved under this section, the progress of the projects for infrastructure and other improvements related thereto, and the fund (or funds) established under IC 36-7-4-1329 for purposes of receiving the fees collected to determine compliance with this section. Section 3. Amendment. Section 1.30(K) of the Unified Development Ordinance shall be amended and restated as follows: K. Establishment of Impact Fee Fund: There is hereby established an Impact Fee Fund as a non- reverting fund, as may be designated by the Council, within the City to receive any and all sums collected pursuant to this PRIF Ordinance and any other Impact Fee Ordinance that may hereafter be adopted, to be utilized in connection with the purposes set forth in Section 1.30(L): Use of Impact Fees Collected below. The Impact Fee Fund shall have separate line items for each project, separating the sums that are received and collected by each specific project, pursuant to this PRIF Ordinance. In the event, and only in the event, that an additional Impact Zone for Parks and Recreation Infrastructure is created hereafter, a separate account shall be maintained for each separate Impact Zone established within the City. Interest earned on any such account shall be deposited and maintained within the separate account. The Fiscal Officer shall manage the Impact Fee Fund according to the provisions of the Impact Fee Statute and maintain records of the status of any such account. Pursuant to IC 36‑7‑4‑1329, the Fiscal Officer shall make an annual report to the Plan Commission and the Carmel-Clay Board of Parks and Recreation of said accounts which shall be available to the public in general and developer (or individual), upon request, in particular. The right to any refund of an impact fee shall be determined strictly in accordance with IC 36‑7‑4‑1332, and the Fiscal Officer is designated, pursuant to IC 36‑7‑4‑1332(e), as the official responsible for acting upon any refund applications that may be filed by the developer (or individual). In order to facilitate the payment of any refunds when they may be due, the Fiscal Officer is directed to identify the purpose of any impact fee paid in order that a refund, if any, may be paid from the account into which the fee was originally deposited. Section 4. Amendment. Section 1.30(L) of the Unified Development Ordinance shall be amended and restated as follows: L. Use of Impact Fees Collected: Any and all fees collected pursuant to the provisions of this PRIF Ordinance may be utilized, subject to Council approval, only for the following purposes: 1. Providing funds to be utilized by the Carmel-Clay Board of Parks and Recreation, after consultation with the Executive Director of Carmel Redevelopment Commission, for the purpose of paying the capital costs of Parks and Recreation Infrastructure that is necessary to serve the new development within the City that is identified in the Zone Improvement Plan; 2. An amount not to exceed five percent (5%) of the annual collections of the fees, to be utilized by the Carmel-Clay Board of Parks and Recreation for expenses incurred by the Carmel-Clay Board of Parks and Recreation and/or the City for the consulting services that are used with regard to the establishment and maintenance of this impact fee program; 3. To pay any refund that may be due under IC 36‑7‑4‑1332; 4. To pay the debt service cost on an obligation issued to provide Parks and Recreation Infrastructure described in Section 1.30(L)(1) in accordance with IC 36‑10‑3‑27 or other DocuSign Envelope ID: 0DEB65AC-E149-4A41-AEE8-1A1D66FF2D76 applicable law; 5. Providing funds to be utilized by the Carmel Redevelopment Commission, after consultation with the Director of Carmel-Clay Parks and Recreation, for the purpose of paying the capital costs of Urban Parks and Recreation Infrastructure. Section 5. Ordinances Repealed. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed to the extent of such inconsistency, as of the effective date of this Ordinance, such repeal to have prospective application only. Section 4. Effective Date. This Ordinance shall be in full force and effect from and after the date of its passage and approval by the Mayor in accordance with Ind. Code §36-7-4- 610(d). [The remainder of this page is left intentionally blank] PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of _____________, 2024, by a vote of _____ ayes and _____nays. DocuSign Envelope ID: 0DEB65AC-E149-4A41-AEE8-1A1D66FF2D76 COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA ______________________________ _______________________________ Anthony Green, President Adam Aasen, Vice-President ______________________________ ______________________________ Jeff Worrell Teresa Ayers ______________________________ ______________________________ Shannon Minnaar Ryan Locke ______________________________ ______________________________ Matt Snyder Rich Taylor ______________________________ Dr. Anita Joshi ATTEST: __________________________________ Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of ____________, 2024, at _______ __.M. _______________________________ Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana this ___ day of ______________, 2024, at ______ __.M. ________________________________ Sue Finkam, Mayor ATTEST: _________________________________ Jacob Quinn, Clerk DocuSign Envelope ID: 0DEB65AC-E149-4A41-AEE8-1A1D66FF2D76 EXHIBIT “A” CERTIFICATION OF THE CARMEL PLAN COMMISSION’S RECOMMENDATION ON THE PROPOSAL BY THE CARMEL COMMON COUNCIL TO AMEND THE CARMEL ZONING ORDINANCE PURSUANT TO INDIANA CODE §36-7-4-602(b) ORDINANCE Z-________ AN ORDINANCE TO AMEND CHAPTER 1.30(f): PARKS AND RECREATION IMPACT FEES To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Advisory Plan Commission offers you the following report on the proposal by the Common Council to the Commission to amend Chapter 1.30(f): Parks and Recreation Impact Fees received in the form attached hereto. The Carmel Advisory Plan Commission’s recommendation on the proposal is __________. At its regularly scheduled meeting on __________, 2024, the Carmel Advisory Plan Commission held a public hearing after publishing notice thereof in accordance with law, and thereafter voted _____ in favor, _____ opposed, _____ abstaining, to forward to the Common Council, the proposed Ordinance Z-________ with a ___________ recommendation. Please be advised that by virtue of the Commission’s recommendation, pursuant to IC 36-7-4- 607(_)(_), the Council has ninety (90) days to act on the proposal. Ninety days from the date of the original certification (___________, 2024) is ______________, 2024. CARMEL PLAN COMMISSION BY: ______________________________ Brad Grabow, President ATTEST: ________________________ ____________, Secretary Carmel Advisory Plan Commission Dated: __________, 2024 DocuSign Envelope ID: 0DEB65AC-E149-4A41-AEE8-1A1D66FF2D76 EXHIBIT “B” NOTICE OF PUBLIC HEARING BEFORE THE CARMEL ADVISORY PLAN COMMISSION DOCKET No.: CPA-2023-__________ Notice is hereby given that the Carmel Advisory Plan Commission will hold a public hearing upon a proposal by the Carmel Common Council to amend the Carmel Unified Development Ordinance (“UDO”) pursuant to documents filed with the Department of Community Services as follows: revise the UDO to eliminate the authority of the Carmel Board of Public Works and Safety to grant Parks and Recreation Impact Fee Credits to developers of projects within the City, and to vest such authority solely in the Carmel Clay Board of Parks and Recreation with all such Credits being subject to approval by the Carmel Common Council. Designated as Docket No. ___-2024-__________, the hearing will be held on Tuesday, _______, 2024 at 6:00 P.M. in the Council Chambers, Carmel City Hall, One Civic Square, Second Floor, Carmel, Indiana 46032. The file for this proposal, including Council Resolution No. CC-__-24__-__ which includes the proposed Ordinance Amendment, may be examined at the Office of the Plan Commission, Carmel Department of Community Services, Division of Planning and Zoning, Carmel City Hall, Third Floor, One Civic Square, Carmel, Indiana 46032, telephone no. (317) 571- 2417. Any written comments or objections to the proposal should be filed with the Secretary of the Plan Commission on or before the date of the Public Hearing. All written comments and objections will be presented to the Commission. Any oral comments concerning the proposal will be heard by the Commission at the hearing according to its Rules of Procedure. In addition, the hearing may be continued from time to time by the Commission as it may find necessary. Joe Shestak, Administrator Carmel Plan Commission (317) 571-2417 Date: _________, 2024 DocuSign Envelope ID: 0DEB65AC-E149-4A41-AEE8-1A1D66FF2D76