HomeMy WebLinkAboutDraft 2-5-99Stephen C. Engelking
Director
City of Carmel
DEPT. OF COMMUNITY SERVICES
February 5, 1999
To: Carmel Clay Plan Commission
From: Mike HoHi~g~ I\~
Re: Docket No. 3-99 O.A. (PUD amendmen0
Below is a draft amendment to our PUD enabling language in the Zoning Ordinance,
Chapter 31.0, Section 31.6.4.
There is a public hearing scheduled for this proposal at the February 16, 1999
Commission meeting.
31.6 AMENDMENTS TO ~ ZONING ORDINANCE
31.6.1 Definitions
All oft.he definitions cootalne~d in Section 3.0 of thc Zoning Ordinance shall apply to this Section. In
addition, the following definitions shall also apply to this Section:
COMMITMENT. A covenant concerning the use or development of a parcel of real property svhieh is
made in writing by the owner of that parcel, either voluntarily or in accordance with an order or request
of the Commission.
PLANNED UNIT DEVELOPMENT DISTRICT. A zoning district for which a PUD District
Ordinance is adopted under Section 31.6.4.
PUD DISTRICT ORDINANCE. A zoning ordinance that:
(1) designates a parcel of real property, as a Planned Unit Development District;
(2) specifies uses or a range of uses permitted in the Planned Unit Development District;
(3) expresses in detailed terms the development requirements that apply in the Planned Unit
Development District;
LmNE CIVIC SQUARE CARMEL. [NUiANA 46212 317'571.2:'-
(4) specifies the plan documentation and supporting information that must be supplied before an
improvement location permit may be issued for development of real property in the Planned Unit
Development District;
(5) specifies any limitation applicable to the Planned Unit Development District; and
(6) meets the requirements of IC 36-7-4-1500 et seq.
31.6.2 Proposals to Amend or Partially Repeal the Text of the Ordinance
31.6.3 Proposals to Change the Zone Mans Incorporated into the Ordinance
31.6.4 Proposals to Adopt or Amend Planned Unit Development District Ordinances
The follo~ving procedure applies to a proposal to adopt or amend a PUD District Ordinance:
(1) Proposals for a PUD District Ordinance shall only be considered on property located between
U.S. Highway 31 and the White River.
(2) (14 The proposal must be initiated by a petition signed by property owners who own all of the land
to be inehided in the Planned Unit Development District.
(3) ~ The petitioners shall prepare the proposal so that it is consistent with the definition of a PUD
District Ordinance provided in Section 31.6.1 above.
{.4.)._(-3.) The proposal may provide that any development requirements (other)ha, pertained uses) that
are specified in the PUD District Ordinance may be modified by a hearing examiner or committee
designated by the Commission, after a public hearing held in accordance with the Commission's
Rules of Procedure. However, any decision of a hearing examiner or committee which approves or
denies any requested modification may be appealed by the Director or any interested party to the
Commission, also m accordance with the Commission's Rules of Procedure.
£5J..~(4) In considering the proposal, both the Commission and the Council shall pay reasonable regard
to (i) the Comprehensive Plan, (H) current conditions and the character of current structures and
uses in each district, (iii) the most desirable use for which the land in each district is adapted, (iv)
the ennservafion of property, values throughout the City. and the Township, and (v) responsible
development and growth.
(6) (4-) The Commission shall give notice and hold a public hearing on the proposal in accordance with
its Rules of Procedure.
{.7.)....(4.) Whenever the Commission deems it advisable in regard to the matters contained in
subparagraph (3) or (4) above, the Commission may permit or require the owner of a parcel of real
property, to make a Commitment subject to the rules prescribed for Commitments by Section
31-6.5. By permitting or requiring a Commitment, the Commission does not become obligated to
recommend or not recommend the adoption of the proposal.
£.8.L(~ Within ten (10) business days after the Commission determines its recommendation (if any), the
Commission shall certify the proposal to the Council with a favorable recommendation, an
unfavorable recommendation, or no reeorrenendation from the Commission.
{.9.3._(4-) The Council shall vote on the proposal within ninety (90) days after the Commission certifies
the proposal. The Council's consideration of the proposal is governed by IC 36-74-608 and IC
36-7-4-1512.
£1_.0_)_(-x).) During the time when the proposal is being considered by the Council, the owner of a parcel of
land may make a new Commitment: or modify the terms of a Commitment made when the proposal
was before the Commission. No farther action of the Commission is required for a new
Commitment to be effective. If a Commitment made when the proposal was before the Corranlssion
is modified and the effect of the modification is to make the Commitment more stringent, no farther
action of the Commission is required for the modified Commitment to be effective; however, if the
effect of such a modification is to make the Commitment less stringent, then the modified
Commitment must be ratified by the Commission to be effective. A Commitment made or modified
under this provision is subject to the roles prescribed for Commitments by Section 31.6.5.
(11) ~ If the proposal is adopted, the Commission shall update the zone maps that it keeps available
with the Zoning Ordinance and the City's Code of Ordinances to reflect the designation of the pared
as a Planned Unit Development District.
(12) (44-) Unless tho proposal provides for a later effective date, the PUD District Ordinance takes
effect when the proposal is duly adopted.
31.6.5 Rules Governing Commitments