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HomeMy WebLinkAboutProposed Amendments Keeling, Adrienne M From: Keeling, Adrienne M Sent: Monday, October 04, 2010 2:02 PM To: Accetturo, John V; Carter, Ronald E; Griffiths, Joe; Rider, Kevin D; Seidensticker, Eric; Sharp, Rick; Snyder, Luci Cc: Brainard, James C; Cordray, Diana L; Hollibaugh, Mike P Subject: RE: update Zoning Ordinance Amendment Z- 543 -10 Attachments: 2010 -1004; Z- 543 -10; Patch VIII; WITH PROPOSED AMENDMENTS.pdf; Z- 543 -10 List of Proposed Amendments.docx; 2010 -1001; Z- 543 -10; Council Memo.doc Council Members: To follow on Mike's note from Friday, attached is a color coded ordinance pdf which shows the amendments, identified as A through 1, corresponding to the list you received. Hard copies are being placed in your mailboxes for your review and consideration when Z- 543 -10 returns to the Full Council. Should you have any questions, please feel free to contact me. Sincerely, Adrienne Keeling From: Hollibaugh, Mike P Sent: Friday, October 01, 2010 6:42 PM To: Accetturo, John V; Carter, Ronald E; Griffiths, Joe; Rider, Kevin D; Seidensticker, Eric; Sharp, Rick; Snyder, Luci Cc: Brainard, James C; Cordray, Diana L; Keeling, Adrienne M Subject: update Zoning Ordinance Amendment Z- 543 -10 DATE: October 1, 2010 TO: Carmel City Council FROM: Mike Hollibaugh Department of Community Services COPY: Mayor James Brainard Clerk- Treasurer Diana Cordray SUBJECT: Z- 543 -10 (Zoning Ordinance Amendments Patch VIII) Please find attached a short list of amendments to proposed Ordinance Z- 543 -10 which have been discussed at Land Use /Annexation Committee following the public hearing on August 16. An updated, color coded, draft ordinance is being fmalized with these amendments which will be placed in your mail slots in advance of Monday's City Council meeting. Please do not hesitate to contact Adrienne Keeling or me with questions or feedback. 1 PROPOSED AMENDMENTS October 4, 2010 Sponsor: Councilor Rider 2 3 ORDINANCE Z- 543 -10 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE 5 CITY OF CARMEL, INDIANA 6 7 An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch VIII) 8 9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7- 10 4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by 11 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and 12 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was 13 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and 14 duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore 15 the official Comprehensive Plan of the City of Cannel and Clay Township; and 16 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; 17 and 18 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the 19 text of the zoning ordinance; and 20 WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the 21 text of the Subdivision Control Ordinance; and 22 WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-1600-02, 23 the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City 24 Code; 25 NOW, THEREFORE, BE IT ORDAINED by t he C ommon C ouncil of t he C ity of C armel, 26 Indiana, that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket Nos. 10040014 OA and 27 10050001 OA having received favorable recommendations from the Carmel Advisory Plan Commission on 28 Tuesday, July 20, 2010, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance 29 No. Z 289, as amended) to read as follows: 30 Section I: 31 32 ZO Chapter 3: Definitions: 33 a. Amend the following definitions in Section 3.07: Definitions to read: 34 1 FARM. A tract of land comprising an area of at least t three_( =3) acres which is devoted to agricultural operations, 35 such as forestry; the growing of crops; pasturage; the production of l ivestock and poultry; the growing of trees, 36 shrubs and plants; and other recognized agricultural pursuits and including Accessory Buildings essential to the 37 operation of the farm. Accessory Buildings may include barns; equipment and animal sheds; farm residences 38 for the owner, operator or farm assistants; roadside s ales Structure for the s ale o f products of the farm, no t 39 including industrial or commercial operations or Structures or feedlots. 40 41 17 FOOD STAND. A portable structure used for the display and retail sale of food products with no space for customers 42 Li within t he s tructure i tself. Food i terns magi ncludc fru' n tfn�r items r yat.urt�her 43 preparation, or they may include items pre prepared and ready for consumption. require 44 45 SALES, OUTDOOR. The short -term outdoor display of products or merchandise in an unroofed and /or unenclosed area 46 by a business permanently established on the premise of which the sale is located. This shall include, but is not 47 I limited to grand opening sales, sidewalk sales, food stands, kiosks, and specialty sales. 48 49 Ordinance Z- 543 -10 1 8/6/2010 1 ZO Chapter 23B: U.S. Highway 31 Corridor Overlay Zone 2 b. Add Section 23B.02(D) as follows: 3 23B.02 Commission Review: 4 1). Partial Boundaries Conflicts. if a Parent Tract Tract) is located both inside and outside of the 5 U.S. Highway 31 Overlay Zone, a DP and A DLS in compliance with the US Highway 31 Overlay 6 Zone shall b e s ubmitted t o t he Commission for t he e ntire t ract. W herever t here ex ists a co nflict 7 between t he r equirements oft he underlying z oning a nd those o f the U .S. 3 1 0 verlay Zone, t he 8 requirements for the U.S. 31 Overlay Zone shall prevail. 9 10 c. Delete Section 23B.07(B) as follows: 11 23B.07 Minimum Tract Size: 12 A. Except a s pr ovided i n Paragraph B, be low, t he minimum ar ea co vered by a D P within t he U .S. 13 Highway 31 Overlay Zone must be 217,800 square feet (5 acres). 14 li i 1 1 1)1 }z -+h- i.1r :i: t} o"tsi.12 0 1h e 1J. Z__t Inc, a 1)1' 15 Commission—ii the eotirc tract. Wherever thcve etii4�., �rtilict b�3 16 rem nt; 1' h2 a�tlr} iit 4 E>rri�, :td la }tc 31 Overlay 17 1.44.. a 1{ 18 13. If a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and 19 said parcel o r lot does not contain the minimum area required by this P aragraph, said p arcel or lot 20 "Undersized Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided that: 21 (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot 22 met the requirements for minimum lot size then in effect for a lot in the underlying primary 23 zoning district(s); 24 (2) The owner of the Undersized Lot must include any adjoining vacant land (not separated by a 25 street or public way) owned or owned by an affiliate on or before the Effective Date or at the 26 time of application which, if combined with the Undersized Lot would create a parcel which 27 conforms, or more closely conforms, to the requirements of this Paragraph; and, 28 (3) All other requirements applicable to the U.S. 31 Overlay Zone can be met. 29 C'. Section 23B.07 does not preclude the sale or other transfer of any parcel of land within a Parent Tract 30 after the approval o f a Development Plan (DP) for the entire tract. However, the development of the 31 parcel must still conform to the DP for the Parent Tract as approved or amended by the Commission, 32 and all other applicable requirements contained in the Zoning Ordinance. 33 34 ZO Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone 35 d. Amend Section 23C.02(A) to read: 36 23C.02 Commission Approval. 37 A. Development Plan. The Commission must approve, approve with conditions, or disapprove the 38 Development Plan (DP) for any tract of land in the Overlay Zone. The Commission shall hold a public 39 hearing before it decides whether to approve or disapprove a DP. The Commission, in reviewing DP 40 applications, shall examine factors concerning the site, Site Plan and the surrounding area, which 41 include but are not limited to the following items: 42 1. Topography; 43 2. Zoning on site; 44 3. Surrounding zoning and existing land use; 45 4. Streets, curbs and gutters, bicycle paths, and sidewalks; 46 5. Access to public streets; 47 6. Driveway and curb cut locations in relation to other sites; 48 7. General vehicular and pedestrian traffic; Ordinance Z- 543 -10 2 1 8. Parking facilities and internal site circulation; 2 9. Special and general easements for public or private use; 3 10. On -site and off -site surface and subsurface storm and water drainage, including drainage 4 calculations; 5 11. On -site and off -site utilities; 6 12. The means and impact of sanitary sewage disposal and water supply techniques; 7 13. Dedication of streets and rights -of -way; 8 14. Provision for adequate and acceptable setbacks, screening, and compatibility with existing, 9 platted residential uses; 10 15. Storage area; 11 16. Protective restrictions and /or covenants; 12 17. Effects any proposed project may have on the entire Overlay Zone; and, 13 18. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive 14 Plan. 15 e I M-i.:liigar; load ('tw++ k->r 16 Cilcrkty +r }z. 1)\ i+?tH1. i' %Hi-kV A1a1-. ate4 4 r entire- l'_rrela Tact. 17 18 e. Add Section 23C.02(E) to read: 19 1.. Partial Boundaries Conflicts. If a Parent Tract is located both inside and outside of the U.S. 20 Highway 421 Michigan Road Corridor Overlay Zone, a DP and ADLS in compliance with the US 21 1lighway 421 Michigan Road Overlay Zone shall be submitted to the Commission for the entire 22 Parent Tract. Wherever there exists a conflict between the requirements of the underlying zoning and 23 those of the US Highway 421 Michigan Road Overlay Zone, the requirements for the US Highway 24 421 Michigan Road Overlay Zone shall prevail. 25 26 ZO Chapter 23E: Home Place District Overlay Zone 27 f. Delete Section 23E.02(A)(4) as follows: 28 23E.02 Commission Approval. 29 A. Development P Ian. T he Commission must a pprove, a pprove with c onditions, or di sapprove t he 30 Development Plan (DP) for any tract of land in the Home Place Business District or West Home Place 31 Commercial Corridor t hat i s t o b e d eveloped f or co mmercial p urposes o r as a P lanned U nit 32 Development. 33 if' t r ii both iw,idi ai d eta.ide ,i 1he 1 -h'n t P!: Re D)istrict'."-<<verl t\ 34 ?one. a DP sh ll -bz :ihmitted-t -r 1 ?e Plan Comini:at il rer the e! Ay IIKTe 35 e*+ rtr1;c1 i otween .41i)- ef4vin r.ktiir ++el -1* ,)4 to 36 1 District Ov..rlav 7Lmn;, tl c-fairelflen'.s 1 the 14r)-nst Place l);:arict Overlay /.c;n. slu'1 37 prey tri 38 39 g. Add Section 23E.02(D) to read: 40 23E.02 Commission Approval. 41 D. Partial Boundaries Conflicts. if a P arent Tract Tract) is located both inside and outside o f tile 42 Home P lace B usiness D istrict o r W est H ome P lace C ommercial C orridor, a D Pa nd A DLS i n 43 compliance with t I-1 ome P lace B usiness 1) istrict or W est 11 ome P lace C ommercial C orridor 44 provisions shall be submitted to the Commission for the entire tract. Wherever there exists a conflict 45 between the requirements of the underlying zoning and those of the Home Place District Overlay Zone. 46 the requirements for the Home Place District Overlay Zone shall prevail. Ordinance Z-43-1 0 3 1 2 ZO Chapter 25: Additional Use Regulations 3 h. Amend Section 25.01: Accessory Buildings and Uses to read: 4 25.01 Accessory Buildings and Uses. 5 25.01.01 Residential Districts. Hens shall qualify as a type of small animal permitted as a Residential Kennel, provided they are confined by a coop or similar Accessory Building. Properties 6 C. Accessory Uses. Viwith hens greater than the number allowed as a Residential Kennel, or with any rooster, shall be considered a Farm. 7 i Raising o f 11 ens. Up-t- rrf -hre- 'its -1x erEie 8 provided -t- hey- Fe-eefrn fined- by- u- eeep -or similar Acce:soryt_uikdiug. The-p-resenee 9 of m< thtrn- three (3-1- hens, er- any-roos d Farm. 10 11 i. Amend Section 25.24: Sales, Seasonal Outdoor, Temporary Use to read: All licenses, certificates and permits from all government agencies 12 25.24 Sales, Seasonal Outdoor, Temporary Use. must be prominently displayed on the Outdoor Sales stand. 13 25.24.01 Seasonal Outdoor Sales shall onts<ermitted in the zoning districts as per Appendix A: Schedule of 14 Uses, such uses shall wed only as a Temporary Use, requiring a Temporary Use Permit. Local 15 non profit o rgathrgions shall b e ex empt from al 1 fees as sociated with t his t ype o f T emporary U se 16 permit. k° 17 25.24.02 Submittal of a siteplan, indicating sales areas, signage and parking areas, shall be required before the 18 issuance of an v p ermits related t o S easonal Outdoor S ales. S ignage p Tans are al so required. Areas 19 designated for Seasonal Outdoor Sales shall not be located within nor encroach upon: 20 A. Any minimum required setback yard; 21 B. Any drainage easement; 22 C. A fire lane; 23 D. A maneuvering aisle, 24 E. Any right -of- way,greenway, or trail; 25 F. A parking space or spaces necessary to meet the minimum parking requirements of the other 26 use(s) of the lot or parcel. 27 25.24.03 Seasonal Sales may be located within parking areas, provided it: 28 A. Does not interfere with pedestrian or vehicular access or parking. 29 B. Does not create a visibility obstruction to moving vehicles within a parking lot. 30 25.24.04 Goods or merchandise displayed in conjunction with a Seasonal Outdoor Sale shall not exceed nine (9) 31 feet in height. 32 25.24.05 Only one (1) Seasonal Outdoor Sales, Temporary Use permit shall be i ssued p er property per year. 33 Seasonal Outdoor Sales, Temporary Use Permits shall be issued for a t erm ofthirty (30), sixty (60), 34 ninety 90), or on e h undred t wenty 120) consecutive d ays p er p ennit, d epending o n use.unie..� 35 P n "E >1 I .:4esi- One -time extensions may be granted for all Seasonal 36 Outdoor Sales, unless otherwise approved by the Board of Zoning Appeals. S easonal Outdoor Sales 37 may not be renewed beyond the time period indicated in the Time Limits for Seasonal Outdoor Sales 38 table. Periods of time are considered to include one (1) calendar year. 39 Ordinance Z- 543 -10 4 1 1 TIME LIMITS FOR SEASONAL OUTDOOR SALES Items) Sold Pl. Seasonal Fruits/ Flowers Holiday Plants Vegetables ;•oWay --ttems Flowers 30 Days x x E 0 60 Days x x* R- a 90 Days x 120 Days x nonrenewable 2 25,24.06 Signs for S easonal Outdoor S ales shall be pr ohibited e xcept a s pr ovided by Section 25. 07.03 -06: 3 Signage for Temporary Uses of this Ordinance. 4 25.24.07Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the compatibility of the 5 1 proposed temporary use with adjoining areas, the 4i l-mission Director shall review the Architectural 6 Design, E xterior Lighting, Landscaping a nd S ignage (ADLS) application of any pr oposed S easonal 7 1 Outdoor S ale. 0 nce a pproved by t he rr iit*+-a Director, th e A rchitectural D esign, E xterior 8 Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered 9 1 without the prior approval of the i -i* Director. Plan Commission approval is required prior to 10 the issuance of Temporary Use Permit. An applicant may continue to use an ADLS Approval to obtain 11 subsequent Temporary Use Permits provided that the proposed Temporary Use is consistent with such 12 ADLS Approval, including time limits. Non-incorporated children's 13 stands, such as a lemonade 14 25.27 Food Stands. All licences, certificates and permits from all government stand, shall be exempt from agencies shall be prominently displayed on the Food Stand. Temporary Use permits. 15 25.27.01 Food Stands shall only be permitted in the zoning districts as per Appel :Schedule of Uses, and 16 FE, shall be allowed only as a Temporary Use, requiring a Temporary Use Perm 17 I i 25.27.02 Submittal of a siteplan, indicating sales art sew areas, shall be required before the issuance of any 18 permits r elated to Food S tands. S ignage plans are also required. A reas designated for F ood Stands 19 shall not be located within nor encroach upon: 20 A. Any drainage easement; 21 B. A fire lane; 22 C. A maneuvering aisle, 23 D. Any right -of -way, greenway or trail; 24 E. A parking space or spaces necessary to meet the minimum parking requirements of the other 25 use(s) of the lot or parcel. 26 25.27.03 Food Stands may be located within parking areas, provided it: 27 A. Does not interfere with pedestrian or vehicular access or parking. 28 B. Does not create a visibility obstruction to moving vehicles within a parking lot. 29 25.27.04Food Stands shall be removed from the premises when not in operation. [ten (10) I 30 25.27.05 The height of the Food Stand, includingall accessory equipment, shall not exceed h+#8-) feet. 31 25.27.06Signage in conjunction with a Food Stand shall be attached to the Food Stand and may not exceed ten 32 (10) square feet in area. 33 25.27.07Food Stand vendors shall be prohibited from using or maintaining sound amplifying equipment, lights 34 or noisemakers, such as bells, horns or whistles. 35 25.27.08Customer seating areas associated with Food Stands shall be prohibited. 36 25.27.09Temporary Use Permits for Food Stand may be issued for up to one (1) year. 37 25.27.10AII Food Stand requirements listed herein are in addition to health and safety codes administered by 38 the State or County I lealth Departments. 39 Ordinance Z- 543 -10 5 1 ZO Chapter 27: Additional Parking Loading Regulations 2 J. Amend Section 27.08 Amount of Parking Spaces Required to read: 3 27.08 Amount of Parking Spaces Required. 4 Off street p arking s paces s hall b e p rovided an d m aintained for al I u ses i n acco rdance with t he following 5 minimum requirements, unless otherwise specified herein: Use: Parking Requirements: Restaurant, with Walk -Up /Drive -Thru Food One space per 80 sq. ft. of floor area Sales 6 7 ZO Chapter 29: Administration 8 k. Amend Section 29.07. 05to read: with respect to components of infrastructure or other improvements that are not included 9 29.07 Parks and Recreation Impact Fees. in the 2010 -2015 Zone Improvement Plan, 10 29.07.05 Credit in Lieu of Payment; Exemptions. 11 1. Pursuant to IC 3 6 -7 -4 -1335, any p son obligated to pay a fee pursuant to the terms of this 12 PRIF Ordinance may be granted e option of financing, constructing and dedicating Parks 13 and Recreation Infrastructure i tead of making all or part of any impact fee payment which 14 may be due, so long as such 'mancing, construction and dedication are accomplished either 15 (A) pursuant to the 2010 -21 5 Zone Improvement Plan and with the consent and acceptance 16 of the Parks Board, or (B) under a request by the Carmel Board of Public Works and Safety 17 and with the consent and acceptance of the Board of Public Works and Safety. 18 2. Such fee payer, or other person providing the infrastructure or improvement, shall be allowed 19 a credit in an amount equal to the sum of (A) the actual c ost of c onstructing or 20 providing the infrastructure or improvements, plus (B) the fair market value of the land, real 21 property interests, and site improvements provided. 22 3. The amount of the credit shall be determined by agreement (the "Credit Agreement between 23 the p erson c onstructing o r p roviding t he i nfrastructure o r i mprovement a nd either A) the 24 Parks Board or (B) the Board of Public Works and Safety, depending upon which board is to 25 accept the dedication of the infrastructure or improvement, A fee payer shall make a request 26 for credit prior to the issuance of the improvement location permit. In the event the credit is 27 less than the amount of the impact fee due pursuant to Section 29.07.04 above, the remaining 28 balance shall be due in accordance with the provisions stated hereafter. 29 4. Credits a gainst i mpact fees o therwise d ue shall b e a flowed p ursuant to t his s ection for a 11 30 infrastructure and improvements constructed or furnished in accordance with IC 36 -7 -4 -1313 31 and I C 36 -7 -4 -1335 s ince .1 anuary 1, 1989. I n a ddition, a f ee pa yer or of her pe rson 32 responsible for installing infrastructure or improvements may designate in writing a method 33 of allocating its credits to future fee payers who may be successors in interest to the credits 34 earned by the fee payer or others, as part of the Credit Agreement provided for above. 35 5. Any pe rson ot herwise obl igated to pay t he fee established b y t his P RIF 0 rdinance whose 36 property was totally or partially destroyed by fire, storm or other casualty beyond his or her 37 control, s hall b e e xempt from said fee i f such p erson r epairs o r r eplaces t he d estroyed 38 structure without creating a burden on P arks and Recreation Infrastructure greater than the 39 burden imposed by the destroyed structure. I n the event of such additional burden, the fee 40 shall be calculated based only on the increased burden created by the structure. 41 42 43 Ordinance Z- 543 -t0 6 1 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are 2 hereby repealed. 3 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the 4 Mayor. 5 6 PASSED by the Common Council of the City of Carmel, Indiana this day of 7 2010, by a vote of ayes and nays. 8 9 Ordinance Z- 543 -10 7 1 COMMON COUNCIL FOR THE CITY OF CARMEL 2 3 4 5 Presiding Officer Joseph C. Griffiths 6 7 8 9 Richard L. Sharp, President Pro Tempore Kevin Rider 10 11 12 13 John V. Accetturo W. Eric Seidensticker 14 15 16 17 Ronald E. Carter Luci Snyder 18 19 20 ATTEST: 21 22 23 24 Diana L. Cordray, IAMC, Clerk Treasurer 25 26 27 Presented by me to the Mayor of the City of Carmel, Indiana this day of 28 2010, at _.M. 29 30 31 32 Diana L. Cordray, IAMC, Clerk- Treasurer 33 34 35 Approved by me, Mayor of the City of Carmel, Indiana, this day of 36 2010, at .M. 37 38 39 40 James Brainard, Mayor 41 42 ATTEST: 43 44 45 46 Diana L. Cordray, IAMC, Clerk- Treasurer 47 48 Prepared by: 49 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 Ordinance Z- 543 -10 8 MEMORANDUM DATE: October 1, 2010 TO: Carmel City Council FROM: Mike Hollibaugh Department of Community Services COPY: Mayor James Brainard Clerk- Treasurer Diana Cordray SUBJECT: Z- 543 -10 (Zoning Ordinance Amendments Patch VIII) Please find attached a short list of amendments to proposed Ordinance Z- 543 -10 which have been discussed at Land Use /Annexation Committee following the public hearing on August 16. An updated, color coded, draft ordinance is being finalized with these amendments which will be placed in your mail slots in advance of Monday's City Council meeting. Please do not hesitate to contact Adrienne Keeling or me with questions or feedback. 2010 -1001 Z- 543 -10 Council Memo.doc Z- 543 -10 PATCH VIII: PROPOSED AMENDMENTS A. PAGE 1, Line 41 Food Stand Definition B. PAGE 4, Line 7 Reference hens as an allowable small animal under Residential Kennel (no roosters) C. PAGE 4, Line 16 Require display of applicable permits at Seasonal Outdoor Sales Temporary Uses D. PAGE 5, TABLE Be more specific about Holiday items E. PAGE 5, Line 16 Require display of applicable permits /licenses at Food Stand Temporary Uses F. PAGE 5, Line 16 Exempt Lemonade Stands and similar child stands G. PAGE 5, Line 17 Remove seating areas from Food Stands H. PAGE 5, Line 30 Increase maximum height of Food Stands from 8' to 10' (accommodate EZ -up Tents) I. PAGE 6, Line 16 Draw distinction between Parks Board issued Credits from the Zone Improvement Plan (ZIP) and BPW- issued Credits for infrastructure items not included in the ZIP 1 28 September 2010