HomeMy WebLinkAboutPacket 10-01-07 City Council
r- .:'-
\ '~~u
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 information on the following item forwarded by the Plan Commission attached. This
item will appear on your October I st agenda.
Forwarded with favorable recommendation:
DIdinance Z-509-07 (Docket No. 07060024 OA):
BZA Lock()ut Periods Amendment
The applicant seeks to amend the Zoning Ordinance, Chapter 2]: Special Uses & Special
Excepaons and Chapter 30: Board of Zoning Appeals, in order to clarify the time limits of
applications denied by the Board of Zoning Appeals.
Filed by the Carniel 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) m0nth waiting period, or "application lockout period," for
variances, without sp.ecifying between Use Variances (UV) and Development Standards
Variances (DSV). The proposed amendment would specify that the 12-inonth lockout period
apply to USE variances (UV). The lockout period already applies to other types of BZA
applicatiQns on the same property, including Special Uses (SO) 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
PSV 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. An.-.d...\:.y.dQPJ:DebJccSJJllldf!Ids V;:I,l;anQ.e 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 finally determined pursuant to Ie 36-7-4-1000 et seq., or for a period of six (6)
months follo\','ing the date of the adverse decision issued by the BZA, whichever is later.
The information on this item h<l.S been arranged in the following format:
1. Copy of the Ordinance Proposal (Z-509-07)
2. Copy of PC Certification
2007-0921; Z-509-07; Council Rcport
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 Schleif), 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 ofthe Commission?s Favorable Recommendation, pursuantto IC 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 (August 24, 2007) is
Thursday, November 22, 2007.
CARMEL
BY:
Ra ona Hancock, Secretary
Carmel Advisory Plan Commission
Dated: August 24, 2007
Recer~'ed
AUG 2 4 2001
Cannel
EJerk.1'ti:asl!rer
2007-0823; Z-509-07; BZA Lockout Periods Amend PC Certification
r::,::'; f /~,:~ i4VJA..~::'t ,~~
,~
Sponsor: Councilor Seidensticker
2
...
",
ORDINANCE Z-509-07
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
4
5
6
7
8
9
10
11
12
13
An Ordinance Amending the time limits of applications denied by the Board o.lZoning Appeals
in the Carmel Zoning Ordinance
\VHEREAS, purslIant to the Advisory Planning Law of the State of Indiana (contained in
IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances
mllst first approve by resolution a comprehensive plan for the geographic area over which it has
jurisdiction; and
WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
No.. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
the City of Carmel and Clay Township; and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning
Ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to
amend the text of the zoning ordinance; and
'WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No" D-
1600-02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference
into the Carmel City Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that, pursuant to Ie 36-7-4-600 et seq. ,md after Docket No. 07060024 OA
having j-eceived a favorable recommendation from the Carmel Advisory Plan Commission on
Tuesday, August 21, 2007, it hereby adopts this Ordinance to amend the Cannel Zoning
Ordinance (Ordinance No. Z-289, as amended), as amended, to read as follows:
Section I:
]4
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
:II
:'12
:n
34
35
36
37
38
39
40
41
ZO CHAPTER 21: SPECIAL USES & SPECIAL EXCEPTIONS
a. Amend Section 21.02.05 to read:
42
4:1
44
45
2] .02.05ADDroval or Denial of the Special Use or Spccial Exception Application by the Board. Upon
approval of the Special Use or Special Exception, the Board shall in form the Director that he Illay
issuc Improvemi::nt Location Permits for the Special Usc or Special Exception and Inform the
applicant of the time limits set forth in Section 2/.02.07. The Board shall inform tlle applicant that
hc may apply to the Director for Improvement Locati.on Permits for the Special Use or Special
Exception, if necessary, or may commence the Special Use or Special Exception if no permits are
requiri::d. Failure of the Director to inform the applicant of the time limits set forth in Section
2 '-02.07 shaJI not relieve the applicant of complying with said Section.
A Special Use or Special Exception application that is denied by the Board is Ineligible to be
placed again on the Board's agenda for consideration untillhe legality of the Board's decision is
flnally determined by a CalirI, pursuant to judicial review according to the Advisory Planning Law,
or for a period of twelve (12) months following (hi:: d<lli:: of the denial, whichever is lateL In
09/2 [/2007
Ordinance Z-509-07
I addition, whenever a Special Use or Special Exception application is denied, the property involved
2 in the application may not be the subject of a different Special Use or Special Exception
J application, or any ~ variance application or rezone proposal. for a period of six (6) months
4 followi ng the date of the denial.
5
6 ZO CHAPTER 30: BOARD OF ZONING APPEALS
7 b. Amend Section 30.05.04 to read:
8 30.05.04Approval or Denial of the Application hv the Board. Following the 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 determine the length of ti me the variance shall run. The
II variance may he permanent or it may he 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 applicanl of the time limits set forth in See/ion 30.05.05. All further actions taken by the applicant
15 or Ihe Director concerning Ihe situation for which the variance is tiled, including the 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 Ihe time limits set forth in Section 30.05.05 shall not relieve the
18 applicant of complying with said Section.
19 A ~ variance application thai is denied by the Board is ineligible to he placed again on the
20 Board's agenda for consideration until the legality of the Board's decision is linally determined by
21 a l'ourt, pursuant to judicial review according to the Advisory Planni ng Law, or for a period of
22 twelve (12) months following the date of the denial. whichever is later. In addition, whenever a
23 ~variance application is denied, the property involved in the application may not be the subject
24 of a different use variance application, or any Special Use or Special Exception application or
25 rezone proposal, for a period of six (6) months following the date of the denial. Whe Board ma',l
26 include. in -its Rules or Procedure. reasonable time limits resnecting the future consideration o~
27 ~onment standards variance aonlications that are denied bv tht; .B.uaui
28
29 Section II: All prior Ordinances or parts thereof inconsistent with any provtston of this
30 Ordinance are hereby repealed.
3]
32
33 Section Ill: This Ordinance shall be to full force and effect from and after its passage and
34 signing by the Mayor.
35
0',1/2112007
Ordinallc~ Z-509-07
2
...
Ordinance Z-509-07 PASSED by the Common Council of the City of Carmel, Indiana this
2 _dayof
, 2007, by a vote of
ayes and
nays.
3
4 COMlVION COUNCIL FOR THE CITY OF CARMEL
5
6
7
8 Presiding Officer Kevin Kirby
9
10
11
12 Joseph C. Griffiths, President Pro Tempore
13
14
Mark Rattem1ann
15
16 Ronald E. Carter
17
18
19
20 Fredrick J. Glaser
21
w. Eric Seidensticker
Richard L. Sharp
22
23 ATTEST:
24
25
26
27 Diana L. Cordray, lAMe, Clerk-Treasurer
09/2 1/2007
Ordinance Z-509-07
3
Ordinance Z-S09-07 Presented by me to the Mayor of the City of Carmel, Indiana this
2 _ day of ,2007, at .M.
:I
4
5
6 Diana L. Cordray, lAMe, Clerk-Treasurer
7
8
9 Ordinance Z-S09-07 Approved by me, Mayor of the City of Carmel, Indiana, this _
10 day of
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
,2007, at
.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by:
John R. Molitor
Carine I Plan Commission Attorney
One Civic Square
Carmel, IN 46032
09/21!2007
Ordinance Z-509-07
4