HomeMy WebLinkAboutPacket to City Council 11-16-09 (Z-534-09) a)gy
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C i ty of Carmel
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CARMEL PLAN COMMISSION
MEMORANDUM-
Date: November 5, 2009
To: City Council Members
From: Angelina Conn, Department of Community Services
Re: Nov. 16 Council meeting, Z- 534 -09
Enclosed is the ordinance amendment proposal, which goes along with Resolution CC- 11- 16 -09 -02 to adopt the 2010-
2015 Zone Improvement Plan regarding park impact fees. If you have any questions, please contact me at 571 -2417;
aconn @carmel.in.gov, or contact Mark Westermeier, Carmel Parks Recreation Dept. Director: 573 4017;
mwestermeier @carmelclayparks.com.
Z- 534 -09 (Docket No. 09090012 OA):
ZO Ch 29: Parks and Recreation Impact Fees Ordinance Amendment
The applicant seeks to Amend Section 29.07: Parks and Recreation Impact Fees and Section 3.07: Definitions of
the Zoning Ordinance in order to update existing impact fee provisions, as well as the definitions of two pertinent
terms. The proposal would renew the impact fee that is currently imposed on new residential development to
defray the cost of new parks and recreation infrastructure, for an additional five years (from 2010 to 2015). The
impact fee is currently imposed at a level of $1,261 /unit. It would remain at $1,261 for an additional year, and
then be increased to $1,387 effective September 2011, to $1,526 effective September 2012, to $1,679 effective
September 2013, and finally to $1,847 effective September 2014. The fee would then expire in September 2015.
Filed by the Carmel Department of Community Services, on behalf of the Carmel Plan Commission.
Please find the enclosed Plan Commission- certified draft of the proposed amendments.
The information attached is:
1. Copy of Plan Commission Certification
2. Ordinance Z- 534 -09
Page 1
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CARMEL /CLAY PARKS DEPARTMENT
TO AMEND THE CARMEL /CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36 -7 -4 -605
ORDINANCE Z- 534 -09
An Ordinance to Amend Chapter 29.07: Parks and Recreation Impact Fees and Chapter 3: Definitions in
order to update existing impact fee provisions, as well as the definitions of two pertinent terms.
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 of the Department of
Community Services (Docket No. 09090012 OA) to the Commission to Amend Chapter 29.07: Parks and
Recreation Impact Fees and Chapter 3: Definitions.
The Carmel Plan Commission's recommendation on the petition of the Department of Community Services is
Favorable.
At its regularly scheduled meeting on October 20, 2009, the Carmel Plan Commission voted eight (8) in Favor,
zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council, the proposed Ordinance Z- 534 -09
with a Favorable recommendation.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to 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 (October 22, 2009) is Wednesday,
January 20, 2010.
CARMEL P AN COMMI SION
BY G.
Leo Dierckman, President
ATiti ST:
1 d!
Ra ona Hancock, ecretary
Carmel Advisory Plan Commission t
Dated: October 22, 2009
2009 -1021; Z- 534 -09; Park Impact Fees PC Certification.rtf
1 Sponsor: Councilor Rider
2 Ordinance Z- 534 -09
3 RESTATED AND AMENDED ORDINANCE TO ESTABLISH AN IMPACT FEE FOR THE
4 PURPOSE OF PLANNING AND FINANCING PARK AND RECREATIONAL
5 INFRASTRUCTURE NEEDED TO SERVE NEW RESIDENTIAL DEVELOPMENT
6 WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and necessary to
7 protect the public health, safety, comfort, morals, convenience and general welfare of the citizens of the
8 City of Carmel and Clay Township by providing for an equitable program to finance the planning,
9 acquisition and construction of park and recreational infrastructure necessary to serve newly
10 developing areas of the City and Township;
11 WHEREAS, the Common Council further finds that it is reasonable and necessary to promote and
12 accommodate the orderly growth and development of the City and Township by establishing standards
13 by which the City may require that new development shall pay an impact fee representing such
14 development's proportionate share of the cost of planning and financing the park and recreational
15 infrastructure necessary to serve the new development; and
16 WHEREAS, the Common Council finds that new development should not be required to pay a fee
17 for the planning and financing of such park and recreational infrastructure which is greater than the
18 amount that existing development will pay to provide the infrastructure that is needed to serve the
19 existing development; and
20 WHEREAS, in cooperation with the Carmel/Clay Board of Parks and Recreation Board this
21 Council requested that the Director of the Department of Community Services review the
22 appropriateness of the Impact Fee, the Impact Fee Zone and the Zone Improvement Plan and if deemed
23 necessary, prepare a proposed replacement impact fee ordinance; and
24 WHEREAS, the Director of the Department of Community Services has caused such a review; and
25 WHEREAS, in consultation with the Engineer of the City of Carmel, the Plan Commission has
26 prepared an amended Zone Improvement Plan for the City and Township which provides for the
27 planning and financing of the additional park and recreational infrastructure necessary to serve new
28 development in the City and Township; and
29 WHEREAS, such Zone Improvement Plan was duly approved by the Plan Commission on October
30 20, 2009, and recommended to the Common Council along with this Ordinance;
31 PART I.
32 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
33 Indiana, that, pursuant to IC 36 -7 -4 -1311, it adopts this Amended and Restated Impact Fee Ordinance
34 as an amendment to the Carmel Zoning Ordinance Z -289, as amended (the "Zoning Ordinance and
35 replaces the language in Section 29.7, entitled Parks and Recreation Impact Fees, to the Zoning
36 Ordinance with the following language and from the date hereof, Section 29.7 shall read as follows:
37 29.7 PARKS AND RECREATION IMPACT PEES: Adopted and approved on
38 and effective on and after as set forth in Section
39 29.7.14.
Ordinance Z- 534 -09 (Version A) 1
1 29.7.0 Title
2 This ordinance shall be referred to and known as the Parks and Recreation Impact Fee Ordinance (the
3 "PRIF Ordinance for Carmel/Clay Township, Hamilton County, Indiana.
4 29.7.1 Definitions
5 Terms used in this Ordinance are defined in Chapter 3: Definitions.
6 29.7.2 Establishment of Impact Zone.
7 There is hereby established one Parks and Recreation Infrastructure Impact Zone, the borders of which
8 are coterminous with the boundaries of Clay Township, Hamilton County, Indiana, and, over which the
9 City of Carmel exercises planning and zoning jurisdiction pursuant to IC 36 -7 -4 -205. In this regard,
10 the Council specifically finds that there is a functional relationship between the components of the Park
11 and Recreation Master Plan and the Zone Improvement Plan, as each is amended from time to time,
12 and that such plans will provide a reasonably uniform benefit to all of the citizens throughout the
13 Impact Zone. The Council further finds that all areas within the Impact Zone are contiguous as
14 required in IC 36 -7 -4 -1316. Except as provided below, this PRIF Ordinance shall apply uniformly to
15 all developments within the Impact Zone hereby established for which the City of Carmel and Clay
16 Township may require an improvement location permit and which create a need for new and additional
17 Parks and Recreation Infrastructure. This PRIF Ordinance shall not apply to:
18 (1) improvements which do not require an improvement location permit;
19 (2) improvements which do not create a need for new and additional Parks and Recreation
20 Infrastructure, including the erection of a sign, construction of accessory buildings, structures or
21 fences or the alteration, renovation or expansion of an improvement where the use, or intensity
22 thereof, has not changed; or
23 (3) the replacement of a destroyed or partially destroyed improvement, provided that the
24 replacement improvement does not create a need for new and additional Parks and Recreation
25 Infrastructure over and above the infrastructure needed by the original improvement prior to the
26 destruction or partial destruction thereof.
27 29.7.3 2010 -2015 Zone Improvement Plan.
28 The Council hereby finds that, prior to the adoption of this PRIF Ordinance, the Commission
29 undertook a comprehensive and detailed park and recreational impact analysis and consulted with the
30 City Civil Engineer (appointed under IC 36- 4 -9 -8), and the resulting study and data base were used in
31 the preparation of the 2010 -2015 Zone Improvement Plan as required by IC 36- 7- 4- 1318(d). The
32 Council has heretofore adopted the 2010 -2015 Zone Improvement Plan and finds in this regard that the
33 2010 -2015 Zone Improvement Plan does contain the following elements:
34 (a) Reasonable estimates relating to the nature and location of development that is expected within
35 the Impact Zone during the planning period, which, for the purposes of this PRIF Ordinance is
36 defined to be a period of ten (10) years commencing with the date of adoption hereof.
37 (b) A reasonable determination of the community level of service for the Impact Zone.
38 (c) A reasonable determination of the current level of service provided within the Impact Zone.
Ordinance Z- 534 -09 (Version A) 2
1 (d) A reasonable estimate of the nature, location, sequencing, and timing of the park and
2 recreational improvements and costs necessary to provide the community level of service for
3 the developments contemplated in subparagraph (a) hereof.
4 (e) A reasonable estimate of the share of the park and recreational costs identified in subparagraph
5 (d) hereof that will be used to:
6 (1) Raise the current level of service for existing development or provide service to existing
7 development; or
8 (2) Provide service to new development.
9 (f) A reasonable estimate of revenues that:
10 (1) Are from sources other than impact fees; and,
11 (2) Will be used to finance the costs identified in subparagraph (e) (1) above.
12 (g) A description of the nature and location of existing infrastructure in the Impact Zone.
13 (h) A general description of the sources and amounts of money used to pay for infrastructure during
14 the previous five years.
15 In addition, the Council has specifically adopted the 2010 -2015 Zone Improvement Plan as an official
16 part of the Carmel Comprehensive Plan pursuant to IC 36 -7 -4 -500 et seq.
17 29.7.4 Establishment of Impact Fee.
18 Based upon the Park and Recreation Master Plan and 2010 -2015 Zone Improvement Plan previously
19 referred to and which is made a part of this PRIF Ordinance, the Council determines that the impact
20 costs, minus the sum of nonlocal revenues and impact deductions (as defined in IC 36 -7 -4- 1321), do
21 not exceed the amount of $1,847.00 per equivalent dwelling unit, and that, therefore, the impact fee to
22 be imposed on every development subject to this PRIF Ordinance shall equal the product of:
23 (a) $1,261, during months 1 -12 of the effectiveness of this PRIF Ordinance; $1,387, during
24 months 13 -24 of the effectiveness of this PRIF Ordinance; $1,526, during months 25 -36 of the
25 effectiveness of this PRIF Ordinance; $1,679, during months 37 -48 of the effectiveness of this PRIF
26 Ordinance; or $1,847, after month 48; times
27 (b) the number of equivalent dwelling units to be constructed pursuant to the improvement
28 location permit obtained by the fee payer.
29 The Council does hereby make as a part of the record of these proceedings, all of the data collected, the
30 calculations made, and the conclusions reached by the Commission in the process of developing the
31 2010 -2015 Zone Improvement Plan, and specifically instructs the Director to make such data and other
32 information inclusively available to anyone for review during regular business hours. In the event that
33 any parcel of real estate considered in the creation of the 2010 -2015 Zone Improvement Plan undergoes
34 a change in use, redevelopment, or a modification which requires an improvement location permit, and
35 creates a need for new infrastructure, an impact fee will be assessed only for the increase in the burden
36 on infrastructure.
37 29.7.5 Credit in Lieu of Payment; Exemptions.
38 Pursuant to IC 36 -7 -4 -1335, any person obligated to pay a fee pursuant to the terms of this PRIF
39 Ordinance may be granted the option of financing, constructing and dedicating Parks and Recreation
40 Infrastructure instead of making all or part of any impact fee payment which may be due, so long as
Ordinance Z- 534 -09 (Version A) 3
1 such financing, construction and dedication are accomplished pursuant to the 2010 -2015 Zone
2 Improvement Plan and with the consent and acceptance of the Parks Board. Such fee payer, or other
3 person providing the infrastructure or improvement, shall be allowed a credit in an amount equal to the
4 sum of (A) the actual cost of constructing or providing the infrastructure or improvements, plus (B) the
5 fair market value of the land, real property interests, and site improvements provided. The amount of
6 the credit shall be determined by agreement (the "Credit Agreement between the person constructing
7 or providing the infrastructure or improvement and the Parks Board. A fee payer shall make a request
8 for credit prior to the issuance of the improvement location permit. In the event the credit is less than
9 the amount of the impact fee due pursuant to Section 29.7.4 above, the remaining balance shall be due
10 in accordance with the provisions stated hereafter. Credits against impact fees otherwise due shall be
11 allowed pursuant to this section for all infrastructure and improvements constructed or furnished in
12 accordance with IC 36 -7 -4 -1313 and IC 36 -7 -4 -1335 since January 1, 1989. In addition, a fee payer or
13 other person responsible for installing infrastructure or improvements may designate in writing a
14 method of allocating its credits to future fee payers who may be successors in interest to the credits
15 earned by the fee payer or others, as part of the Credit Agreement provided for above. Any person
16 otherwise obligated to pay the fee established by this PRIF Ordinance whose property was totally or
17 partially destroyed by fire, storm or other casualty beyond his or her control, shall be exempt from said
18 fee if such person repairs or replaces the destroyed structure without creating a burden on Parks and
19 Recreation Infrastructure greater than the burden imposed by the destroyed structure. In the event of
20 such additional burden, the fee shall be calculated based only on the increased burden created by the
21 structure.
22 29.7.6 Impact Fee Due Upon Issuance of Improvement Location Permit.
23 The impact fee imposed pursuant to the terms of this PRIF Ordinance shall be due and payable upon
24 the issuance of an improvement location permit. The entire fee which is calculated pursuant to the
25 terms of this PRIF Ordinance shall be due at said time unless the amount of the fee upon calculation is
26 greater than Five Thousand Dollars ($5,000), in which case an installment plan may be requested by
27 the applicant in accordance with the terms set forth in IC 36 -7 -4 -1324 (a), (b), (c), and (d). The
28 Review Board shall establish specific rules consistent with said code provisions for installment
29 payments. The interest rate on any installment plan or deferred payment shall be the pre judgment rate
30 of interest set forth in the Indiana Code as from time to time amended. If a fee payer requests, the
31 amount of the impact fee shall be assessed upon the voluntary submission of a development plan or
32 upon the issuance of the improvement location permit, whichever is earlier. For purposes of this
33 section, "assessment" means the act of calculating the amount of the impact fee which shall be due.
34 The Director shall make such assessment within thirty (30) days of the date of such voluntary request
35 or at the issuance of the improvement location permit with or without a request.
36 29.7.7 Lien Rights Established.
37 Pursuant to IC 36 -7 -4 -1325, the City of Carmel acquires a lien against the real estate which is the
38 subject of the impact fee. Upon adoption, this PRIF Ordinance shall be recorded, and, thereafter, it
39 shall constitute constructive notice of the lien rights of the City. The City may, in its discretion, file a
40 specific instrument setting forth its lien rights with respect to a parcel of real estate which is the subject
41 of an installment payment plan for an impact fee, and such instrument shall constitute actual notice in
42 addition to the constructive actual notice in addition to the constructive notice provided for by the
43 recording of this PRIF Ordinance.
Ordinance Z- 534 -09 (Version A) 4
1 29.7.8 Form of Receipt.
2 The Director shall issue a receipt for any and all impact fees collected, and the form of such receipt
3 shall be as follows:
4 Received of [fee payer], this [date] day of [month, year], the sum of [amount] in [full /partial] satisfaction of
5 impact fees due pursuant to Ordinance No. Z- 534 -09 relating to improvements to be constructed on the real
6 estate described on Exhibit A, attached hereto, made part hereof, and subject to lien rights in favor of the City of
7 Carmel in the event of partial payment with payments remaining due. The remaining balance due (if any) is in
8 the following amount: This impact fee is dedicated to the creation of the following infrastructure
9 elements in accordance with the 2010 -2015 Zone Improvement Plan:
10
11
12
13 DEPARTMENT OF COMMUNITY SERVICES
14 City of Carmel
15
16 29.7.9 Establishment of Review Board; Hearing of Appeals.
17 There is hereby established the Carmel Clay Impact Fee Review Board. The Review Board shall
18 consist of three (3) citizen members (who may be residents of the City of Carmel and/or Clay
19 Township), appointed by the Mayor of the City of Carmel to serve for terms of four (4) years; however,
20 for the purpose of providing for staggered terms of office, the initial members of the Review Board
21 shall be appointed for respective terms of two (2) years, three (3) years, and four (4) years. The
22 members of the Review Board may not be members of the Commission and must meet the
23 qualifications prescribed by IC 36- 7- 4- 1338(b), that is, one (1) licensed real estate broker, one licensed
24 (1) engineer, and one (1) certified public accountant. Whenever a member of the Review Board is
25 unable to participate in any matter before the board because of a conflict of interest, the Mayor shall
26 appoint a temporary replacement member, meeting the qualifications of the member being replaced, to
27 serve on the board for the purpose of hearing that matter only. The Review Board shall be governed by
28 IC 36- 7- 4- 1338(c) and all other applicable provisions of the Impact Fee Statute. Any fee payer who
29 believes itself to be aggrieved by the calculation of an impact fee may appeal from such calculation to
30 the Review Board and the Review Board shall conduct a hearing with regard thereto. At such hearing,
31 the fee payer shall bear the burden of going forward with the evidence and shall present evidence
32 addressing either of the following propositions:
33 (a) A fact assumption used in determining the amount of the impact fee is incorrect; or
34 (b) The amount of the impact fee is greater than the amount allowed under IC 36 -7 -4 -1320, IC 36-
35 7 -4 -1321, and IC 36 -7 -4 -1322.
36 Upon conclusion of the presentation of evidence, the Review Board shall make a determination within
37 thirty (30) days, upon the facts presented and may make such adjustments in the impact fee as it deems
38 are appropriate under the circumstances, if any. An appeal under this Section 29.7.9 must be filed not
39 later than thirty (30) days after the issuance of the improvement location permit. The appeal shall be
40 initiated with the filing of a Petition for Review with the Director, together with a filing fee in the
41 amount of One Hundred Dollars ($100). The filing fee shall be refunded in full:
42 (1) if the Petition of Review is granted and the impact fee is eliminated, reduced or adjusted by the
43 Review Board, by independent action of the Director, or by a court having jurisdiction, and
Ordinance Z- 534 -09 (Version A) 5
1 (2) if the reviewing body determines that the amount of the fee, reductions, or credits were arbitrary
2 or capricious.
3 The Petition for Review shall be in a form calculated to inform the Review Board of the nature of the
4 complaint, the parties to the action, and the relief requested. In addition, the petition shall describe the
5 new development on which the impact fee has been assessed, all facts related to the assessment of the
6 impact fee, and the reasons the petitioner believes that the amount of the impact fee assessed is
7 erroneous or is greater than the amount allowed by the fee limitations set forth in the Impact Fee
8 Statute. The Director shall not deny the issuance of improvement location permit on the basis that the
9 impact fee has not been paid, or condition issuance of the permit on the payment of the impact fee.
10 However, unless the impact fee exceeds One Thousand Dollars ($1,000), the fee payer shall pay the
11 impact fee or initiate an appeal under this section before being issued the pei��ut.
12 29.7.10 Establishment of Impact Fee Fund.
13 There is hereby established an Impact Fee Fund within the City of Carmel to receive any and all sums
14 collected pursuant to this PRIF Ordinance and any other Impact Fee Ordinance that may hereafter be
15 adopted, to be utilized in connection with the purposes set forth in Section 29.7.11 below. A special
16 account shall be established in the fund for Parks and Recreation Infrastructure which shall be kept
17 separate from any other account that may hereafter be established in the fund for other infrastructure
18 types. In the event, and only in the event, that an additional Impact Zone for Parks and Recreation
19 Infrastructure is created hereafter, a separate account shall be maintained for each separate Impact Zone
20 established within the City of Carmel and Clay Township. Interest earned on any such account shall be
21 deposited and maintained within the separate account. The Fiscal Officer shall manage the Impact Fee
22 Fund according to the provisions of the Impact Fee Statute and maintain records of the status of any
23 such account. Pursuant to IC 36 -7 -4 -1329, the Fiscal Officer shall make an annual report to the
24 Commission and the Parks Board of said accounts which shall be available to the public in general and
25 fee payers, upon request, in particular. The right to any refund of an impact fee shall be determined
26 strictly in accordance with IC 36 -7 -4 -1332, and the Fiscal Officer is designated, pursuant to IC 36-7-4
27 1332(e), as the official responsible for acting upon any refund applications that may be filed by fee
28 payers. In order to facilitate the payment of any refunds when they may be due, the Fiscal Officer is
29 directed to identify the purpose of any impact fee paid in order that a refund, if any, may be paid from
30 the account into which the fee was originally deposited.
31 29.7.11 Use of Impact Fees Collected.
32 Any and all fees collected pursuant to the provisions of this PRIF Ordinance may be utilized only for
33 the following purposes:
34 (a) Providing funds to be utilized by the Parks Board for the purpose of paying the capital costs of
35 Parks and Recreation Infrastructure that is necessary to serve the new development within the
36 City of Carmel and Clay Township and that is identified in the 2010 -2015 Zone Improvement
37 Plan;
38 (b) An amount not to exceed Five Percent (5%) of the annual collections of the fees, to be utilized
39 by the Parks Board for expenses incurred by the Parks Board and/or the City for the consulting
40 services that are used with regard to the establishment and maintenance of this impact fee
41 program;
42 (c) To pay any refund that may be due under IC 36 -7 -4 -1332;
Ordinance Z- 534 -09 (Version A) 6
1 (d) To pay the debt service cost on an obligation issued to provide Parks and Recreation
2 Infrastructure described in subparagraph (a) above, in accordance with IC 36- 10 -3 -27 or other
3 applicable law.
4 29.7.12 Conflicts with Impact Fee Statute.
5 The Council specifically acknowledges the existence of the Impact Fee Statute, which regulates the
6 adoption of impact fee ordinances by municipal corporations within the State of Indiana. It is the intent
7 of the Council to comply with such legislation, and this PRIF Ordinance shall be construed in all
8 respects to be consistent with the Impact Fee Statute. The substantive and procedural requirements of
9 the Impact Fee Statute shall control in the event of conflicts, which are unintended by the Council.
10 29.7.13 Amendments and Review.
11 The impact fee provided for herein is based upon information that, in large part, is subject to inflation
12 and other economic and market forces over which the Council has no control. The Council may,
13 therefore, from time to time, cause a review to be made by the Director, or such consultants as may be
14 required, to determine the continuing validity of the Impact Fee, the Impact Zone, and the 2010 -2015
15 Zone Improvement Plan. The Council may consider and adopt such amendments as are necessary to
16 cause a substantive compliance with all constitutional and statutory requirements. To the extent
17 required by the facts and circumstances, this process shall include the steps necessary to update the
18 2010 -2015 Zone Improvement Plan and the Comprehensive Plan.
19 29.7.14 Effective Date and Expiration Date.
20 Pursuant to IC 36 -7 -4 -1340, this PRIF Ordinance shall be effective which is not
21 earlier than six (6) months following its adoption in accordance with the Impact Fee Statute, replacing
22 the PRIF Ordinance adopted on March 7, 2005, and wholly contained in Section 29.7 of the Carmel
23 City Code. This PRIF Ordinance shall expire five (5) years following such effective date, and no
24 impact fee may be collected under this PRIF Ordinance after such expiration date. However, the
25 Council may adopt a replacement impact fee ordinance to take effect before, on or after such expiration
26 date if the replacement ordinance complies with the provisions of the Impact Fee Statute.
27
28
29 PART II.
30 BE IT FURTHER ORDAINED by the Common Council of the City of Carmel, Indiana, that,
31 pursuant to IC 36 -7 -4 -1311, it hereby replaces the definitions of the terms "INFRASTRUCTURE,
32 PARKS AND RECREATION" and "PLAN, ZONE IMPROVEMENT" in Section 3.07 of the Zoning
33 Ordinance with the following definitions and from the date hereof, these definitions shall read as
34 follows:
35 INFRASTRUCTURE, PARKS AND RECREATION. The capital improvements that comprise the
36 parks and other recreational facilities that (i) are owned or leased by the Parks Board and/or the
37 City of Carmel solely for a public purpose, and (ii) are included in the Zone Improvement Plan.
38 Parks and Recreation Infrastructure includes the site improvements and interests in real
39 property needed for such parks and other recreational facilities.
Ordinance Z- 534 -09 (Version A) 7
1 PLAN, ZONE IMPROVEMENT PLAN. The zone improvement plan for Parks and Recreation
2 Infrastructure which was prepared by the Commission in conjunction with the Comprehensive
3 Plan of the City of Carmel and Clay Township and approved by the Commission on October
4 20, 2009 (the "2010 -2015 Zone Improvement Plan The 2010 -2015 Zone Improvement Plan
5 shall be attached to the Comprehensive Plan and also incorporated into Section 29.7 of this
6 Ordinance.
7
8
9
10 PASSED by the Common Council of the City of Carmel, Indiana this day of
11 2009, by a vote of ayes and nays.
12
13
14
15
16 COMMON COUNCIL FOR THE CITY OF CARMEL
17
18
19
20 Presiding Officer Joseph C. Griffiths
21
22
23
24 W. Eric Seidensticker, President Pro Tempore Kevin Rider
25
26
27
28 John V. Accetturo Richard L. Sharp
29
30
31
32 Ronald E. Carter Luci Snyder
33
34
35 ATTEST:
36
37
38
39 Diana L. Cordray, IAMC, Clerk- Treasurer
40
41
Ordinance Z- 534 -09 (Version A) 8
1 Presented by me to the Mayor of the City of Carmel, Indiana this day of
2 2009, at _.M.
3
4
5
6 Diana L. Cordray, IAMC, Clerk Treasurer
7
8 Approved by me, Mayor of the City of Carmel, Indiana, this day of
9 2009, at M.
10
11
12
13 James Brainard, Mayor
14 ATTEST:
15
16
17
18 Diana L. Cordray, IAMC, Clerk Treasurer
19
20 Prepared by: John R. Molitor, Attorney at Law,
21 Representing the Department of Community Services
22 CITY OF CARMEL
23 One Civic Square
24 Carmel, IN 46032
Ordinance Z- 534 -09 (Version A) 9