HomeMy WebLinkAboutFavorable Recommendation to City Council
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MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling A~
Department of Community Services
SUBJECT: Item forwarded by the Plan Commission for action by the City Council
DATE: September 21, 2007
Please find infonnation on the following item forwarded by the Plan Commission attached. This
item will appear on your October 1 st agenda.
Forwarded with favorable recommendation:
Ordinance Z-509-07 (Docket No. 07060024 OA):
BZA Lockout Periods Amendment
The applicant seeks to amend the Zoning Ordinance, Chapter 21.~ Special Uses & Special
Exceptions and Chapter 30: Board of Zoning Appeals, in ordeTto clarify the time limits of
applications denied by the Board of Zoning Appeals.
Filed by the Carmel Department of Community Services.
Please find enclosed the Plan Commission-certified ordinance to amend the Zoning
Regulations. The proposed amendments will differentiate and clarify the time limits on
applications which are denied by the Board of Zoning Appeals. Currently, the zoning
ordinance prescribes a twelve (12) month waiting period, or "application lockout period," for
variances, without specifying between Use Variances (UV) and Development Standards
Variances (DSV). The proposed amendment would specify that the l2-month lockout period
apply to USE variances (IN). The lockout period already applies to other types of BZA
applications on the same property, including Special Uses (SU) and Special Exceptions (SE).
Since this lockout provision is regulated by the Zoning Ordinance, the only relief would be
the granting of a variance by the Board.
Regarding Development Standards Variances (DSV), a proposal is pending BZA which
amends a conflicting 6-month lockout period in their Rules of Procedure to specifically apply
to DSVs. This allows the Board the flexibility to grant relief from the lockout period for a
DSV via a suspension of the Board's rules. The proposed Rules amendment, to be heard
September 24, is as follows:
BZA Rules, Article VIII, Section 7:
Section 7. AH__rl~Y.~mCDLSLaJ1dnId~_.YadarlQe. application which has been decided adversely to the
petitioner shall not be placed again on the BZA's agenda for consideration until the legality of the
BZA's decision is fmally determined pursuant to Ie 36.7-4-1000 et seq., or for a period of six (6)
months following the date of the adverse decision issued by the BZA, whichever is later.
The information on this item has been arranged in the following format:
1. Copy ofthe Ordinance Proposal (Z-509-07)
2. Copy of PC Certification
2007-0921; 2-509-07; Council Report
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z-509-07
An Ordinance to Amend Chapter 21: Special Uses & Special Exceptions and Chapter 30: Board
of Zoning Appeals of the Zoning Ordinance.
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 application to the
Commission (Docket No. 07060024 OA) to Amend Chapter 21: Special Uses & Special Exceptions and
Chapter 30: Board of Zoning Appeals of the Zoning Ordinance, in order to modify the development
standards.
The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on August 21, 2007 the Commission voted nine (9) in Favor, one (1) Opposed
(Carol Schlei!), zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z-509-
07 with a Favorable Recommendation.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to Ie 36-7-4-
607( e)(3), 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 original Certification (AQgust 24, 2007) is
Thursday, November 22, 2007.
BY:
Ra ona Hancock, Secretary
Carmel Advisory Plan Commission
Dated: August 24, 2007
Received
AUG 2 4 2007
Carmel
Clak. Treasl1rer
2007-0823; 2-509-07; BZA Lockout Periods Amend PC Certification
I Sponsor: Councilor Seidensticker
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3 ORDINANCE Z-S09-07
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEl., INDIANA
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7 An Ordinance Amending the time limits (~r applications denied by the Board of Zoning Appeals
8 in the Carmel Zoning Ordinance
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10 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in
11 IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances
12 must first approve by resolution a comprehensive plan for the geographic area over which it has
13 jurisdiction; and
14 WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
15 No.] 6-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
16 Commission on August 20, ] 996, and duly approved by Resolution No. CC-09-03-96-03 of the
17 Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
18 the City of Carmel and Clay Township; and
19 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning
20 Ordinance; and
21 WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to
22 amend the text of the zoning ordinance; and
23 WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-
24 1600-02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference
25 into the Carmel City Code;
26 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
27 Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 07060024 OA
2R having received a favorable recommendation from the Cannel Advisory Plan Commission on
29 Tuesday, August 21, 2007, it hereby adopts this Ordinance to amend the Carmel Zoning
30 Ordinance (Ordinance No. Z-289, as amended), as amended, to read as follows:
31 Section I:
32 ZO CHAPTER 21: SPECIAL USES & SPECIAL EXCEPTIONS
33 a. Amend Section 21.02.05 to read:
34 21.02.05 Approval or Denial of the Special Use or Special ExcePtion Application by the Board. Upon
35 approval of the Special Use or Special Exception, the Board shall inform the Director that he may
36 issue Improvement Lm;atiun Permits for the Special Use or Special Exceptiun and inform the
37 applicant of the time limits set forth in Sectior! 2 J. 02.07. The Board shall inform the applicant that
38 he may apply to the Director for Improvement Lucation Permits for the Special Use or Spel'ial
39 Exception, if necessary, or may commence the Special Use or Special Exception if no permits are
40 required. Failure of the Director to inform the applicant of the time limits set forth in Section
41 21.02.07 shall not relieve the applicant of complying with said Section.
42 A Special Use or Special Exception application that is denied by the Board is ineligible to be
43 placed again on the Board's agenda for consideration until lhe kgality of the Board's decision is
44 finally determined by a court, pursuant tojudicial review according to the Advisury Planning Law,
45 or for a period of twelve (12) months following the uatt: of the denial, whichever is later. In
0911111007
Ordinanc~ Z-509-07
I addition, whenever a Special Use or Special Exception application is dt:nit:d, the property involved
2 in the application may not be the subject of a different Special Use or Special Exception
3 application, or any ~ variance application or rezone proposal, for a period of six (6) months
4 following the date of the denial.
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6 ZO CHAPTER 30: BOARD OF ZONING APPEALS
7 b. Amend Section 30.05.04 to read:
8 30.05.04Aporoval or Denial of the Aoolication bv the Board. Following till; public hearing on the variance
9 application, the Board shall approve or deny the application. The Board, upon approval of a
10 variance application, may at its discretion determint: the length of timt: tht: variance shall run. The
I ] variance may be permanent or it may be set for a reasonable period subject to renewal upon
12 expiration. The Board shall notify the Director and the applicant of its decision on the variance
13 application, including all conditions contained as a part thereof. The Director shall notify the
14 applicant of the timt: limits st:t forth in Section 30.05.05. All further actions taken by the applicant
15 or the Director concerning the situation for which the variance is tiled, including lhe issuance of
16 an Improvement Location Permit, shall be subject to said ruling of the Board. Failure of the
17 Direclor to inform the applicant of the time limits set forth in Section 30.05.05 shall not relieve the
I S applicant of complying with said Section.
19 A use variance application lhat is denied by tht: Board is ineligible to be placed again on the
20 Board's agenda for consideration until the legality of the Board's decision is finally determined by
21 a court, pursuant to judicial review according to the Advisory Planning Law, or for a period of
22 twelve (12) months following the date of the denial, whichcver is later. In addition, whenever a
23 uSci variance aJ;Plication is denied, the property involved in lhe application may nOI be the subject
24 of a different use variance application, or any Special Use or Special EX(;eplion application or
25 rezone proposaL for a period of six (6) months following the date of the denial. :The Board maY
26 include, in its Rules of Procedure. reasonable time limits resnt:ctino- the future consideration of
27 tievekmment standards variance aDDlicatiolls that are denied bv the Board!
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29 Section II: All prior Ordinances or parts thereof inconsistent with any proVISion of this
30 Ordi nance are hereby repealed.
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:n Section III: This Ordinance shall be In full force and effect from and after its passage and
14 signing by the Mayor.
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09/21/2007
Ordinance Z-509-07
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Ordinance Z-S09-07 PASSED by the Common Council of the City of Carmel, Indiana this
_ day of , 2007, by a vote of ayes and nays.
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20 Fredrick J. Glaser
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COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Joseph C. Griffiths, President Pro Tempore
Mark Rattermann
Ronald E. Carter
w. Eric Seidenst.icker
Richard L Sharp
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23 ATTEST:
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27 Diana L. Cordray, lAMe, Clerk-Treasurer
09/2 112007
Ordinance Z-509-07
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] Ordinance Z-509-07 Presented by me to the Mayor of the City of Carmel, Indiana this
2 _ day of ,2007, at .M.
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6 Diana L. Cordray, IAMC, Clerk-Treasurer
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9 Ordinance Z-509-07 Approved by me, Mayor of the City of Carmel, Indiana, this _
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,2007, at
.M.
James Brainard, Mayor
ATTEST:
Diana L Cordray, IAMC, Clerk-Treasurer
Prepared by:
John R. Molitor
Carmel Plan Commission Attorney
One Civic Square
Cannel, IN 46032
09/2112007
Onlinance Z-SOlJ-07
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