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HomeMy WebLinkAboutZ-335 Amends Zoning Ord31.6 AMENDMENTS TO THE ZONING ORDINANCE 31.6.1 Definitions All of the definitio~ contained in Section 3.0 of the Zoning Ordi.nnc¢ shall apply to this Section In additiom, the following definitions shall also apply to this Section: COMMITMENT. A covenant concerning the use or development ora parcel of real property which is made in writing by the owner of that parcel, either vohintanly or in accordance with aa order or request of the Commission. PLANNED UNIT DEVELOPM~TNT DISTRICT. A zoning district for which a PUD District 0rdir. ance is adopted under Section S 1.6.4. 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 Distr~ct; (3) expresses in detailed terms the development requirements that apply in the Plauned Unit Development District; (4) specifies the plan documentation md supporting information that must be supplied before an Improvement location permit may be issued for development of real property in the Planned umt Development District; (5) specifies may limitation applicable to the Planned Unit Development District; and (6) meets the requirements oflC 36-7-4-1500 etseq. 31.6.2 Proposals to Amend or Partially Repeal the Text of the Ordinance The following procedure applies to a proposal to amend or partially repeal the text (not zone maps) ofthls Zoning Ordinance: (l) The proposal may be initiated by either the Commission or the Council; however, if the Council initiates the proposal, it shall require the comrmssion to prepare it. (2) The Comssion shall prepare the proposal so that it is consistent with applicable state law. (3) In considering the proposal, both the Commission and the Council shall pay reasonable regard to (i) the Comprehensive Plan, (ii) current conditions and the cb_~racter of current structures and uses in each district, (iii) the most desirable use for which the land. in each district is adapted, (iv) the conservafien ofproperw, values throu~Maout the City. and the Townsh/p, and (v) responsible development and gro~.h. (4) The Commissioa shall give notice amd hold a public hearing on the proposal in accordance xvith its Rules of Procedure. (5) Within ten (10) business days after the Commission determines its recommendation (if any), the Commission shall certify the proposal to the Council w/th a ~avorable recommendation, an un~vomble recommendation, or no recommendation fi.om (6) The Council shall vote on the proposal with/n ninety (90) days a~er the Commission certifies the proposal. The Counc/l's consideration of the proposal is governed by lC 36-74-607. (7) ~the proposal is adopted, the Commission shall print the amendments to the Zoning Ordinance in book or pamphlet form, or arrange for them to be included in the City's Code of Ordinances. (8) Unless the proposal provides for a later effective date, the amendments contained in the proposal take effect when the proposal is duty adopted, except for any provision prescribing a penalty or forfeiture for a violation, which may not take effect until the Commission complies with the applicable notice and filing requirements described in lC 31.6.3 Proposals to Change the Zone Maps Incorporated into the Ordinance The following procedure apphes to a proposal to change the zone maps (whether by incorporating an additional map or by amending or deleting a map) incorporated by reference into this Zoning Ordinance: (I) The proposal may be initiated either (A) by the Comrmssion, CB) by a petition signed by property, owners who own at least fifty, percent (50%) of the land involved, or (C) by the Council; however, if the Council initiates the proposal, it shall require the cormmssion to prepare it. (2) The Commission or petitioners shall prepare the proposal so that it is consistent with applicable state law. (3) In considering the proposal, both the Commission and the Council shall pay reasonable regard to (i) the Comprehensive Plan, (ii) current conditions and the character of current structures and uses in each district, (iii) the most desirable us for which the land in each district is adapted, (iv) the conservation of property values throughout the City. and the Tox*Tmhip, and (v) responsible development and grow~.h. (4) The Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure. (5) Whenever the ComnUssion deems it advisable in regard to the matters contained in subparagraph (3) above, the Comrrdssion may permit or require the OW-her of a parcel of real property, to make a Comment subject to the rules prescribed for Comments by Section 31.6.5. By permitting or requiring a Commitment, the Commission does not become obligated to recommend or nor recommend the adoption of the proposal. (6) Withn ten (10) business days after the Cor-ramssion determines its recommendation (if any), the Commission shall certify, the proposal to the Council with a favorable recommendation, an un/avorable recommendation, or no recommendation from the Comnussion. (7) The Council shall vote on the proposal ~thin ninety. (90) days a_,tier the Comrrassion certifies r. he proposal. The Council's consideration of the proposal is governed by IC 36-74-608. (8) Dur/ng the ume when the proposal is being considered by the Council, the o~,~er of a parcel of land may make a new Comrmtment or modify the terms of a Commitment made when the proposal was before the Commission. No further action of the cormmssion is required for a new Comrmtment to be effective. Ifa Commitment made when the proposal was before the comnussion is modified and the effect of the modification is to make the Corramtment more stringent, no further action of the Comrmssion is required for the modified comrmtment to be effective; however, if the effect of such Conm,l.l.,,.~.~' ,,r ~-,~ r~ 5x Sec'don 31.6 ? .... ~' ' ~ '~' ' it kee~s avaiiabie ~ith the Zollalg Ordinance ,.~i',en me oroposai is dul.x adop~. 31.6.4 Proposals to Adoot or Amend Planned Unit Develoument District Ordinances The following procedure apphes 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 the eastern boundary of Spring Mill Road and the White River. (2) (,4-) The proposal mu~ be initiated by a petition signed by property owners who own all of the land ~co be included in the Planned Unit. Development District. (3) (a-) The petitioners shall prepare the proposal so that it is consistent with the definition ora PUD District Ordinance provided in Section 31.6.1 above. (4) . . (-;.) The proposal may provide that any development requirements (cther than permitted uses) that are specified in the PUD District Ordinance may be modified by a heanng examiner or committee designated by the CoronUssion, after a pubhc heanng held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing exanUner or committee which approves or denie~ any requested modification may be appealed bythe Director or any interested party ~o the Commission, also in accordance with the Commission's Pules of Procedure. (5)-~) In considering the proposal, both the Commission and the Council shall pay reasonable regard to (/) the Comprehensive Plan, ih3 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 conservation of property values throughout the City and the Township, and (v) responsible development and growth. (6) ~ The Cormmssion shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure. (7) · . ~) Whenever the Cormmssion deems it advisable in regard to the matters contained in subparagraph (3) or (4) above, the Commission may perm/t or require the owner of a parcel of real property to make a Commitment subject to the rules prescribed for Comm/tments by Sect/on 31-6.5. By permitting or requiting a Comm/tment, the Commission does not become obligated to recommend or not recommend the adoption of the proposal. (8) . . ~ W~in ten (10) business days after the Commission determines ks recommendation (if any), the Commission shall certif~ the proposal to the Council with a favorable recommendation, an unfavorable recommendation, or no recommendation from the Commission. (9) (4..) The Council shall vote on the proposal within ninety (90) days after the Comrmssion certifies the proposal. The Council's consideration of the proposal is governed by IC 36-7-4-608 and IC 36-7-4-1512. (I O) ~ During tho t/me when the proposal is being c~sidered by the Council, the owner of a parcel of land may make a new Commitment: or modify the terms of a Cornmitment made when the proposal was before the Comn6ssion. No further act/on of the Ceramist/on is requ/red for a new Commi~rnem to be effective. Ifa Comm/~ent made when the proposal was before the Co~mfission/s mod//ied and the ~ of the mod/ficet/on is to make the Commitment more ~ringent, no further action of the Commission is requfled for the mod/fled Commitment tn be effective; however, if the e/~ct of such a modification is to make the Corem/imam less stringent, then the modified Commitm~t must be rat/fled by the Commission to be effective. A Commitment made or modified under this provision/s subject to the roles prescribed for Corem/truants by Sect/on 3 (I 1) ~ ffthe proposal is adopted, the Commission shall update the zame maps that/t keeps available with the Zen/ag Ordinance and the City's Code of Ordinances W reflect the desi~o~=tion of the parcel as a Planned Un/t Developmem District. (12) ~ Unless the proposal provides for a later effect/va date, the PUD District Ordinance takes effect when the proposal is dnly adopted. 31.6.5 Rules Governing Commitments (I) Fom~ A Commitment atust be m snb~antiaily the fom~ sm forth Ul the Commissioffs Rules of Procedure. an6 must identir}, any specially a~ed persons or class of specially affe~ed persons ,,~ho may enforce tile Comanirmenr A Coam:irmenr must attthorize trs r~rdhtg by [[~e Ditcher m rite office of the Hamilton County Recorder. (2) Recordin= Copies ,-~ Cemmtm~enr shall be recorded in the o~Sce of the Hamilton County Recorder and takes upon the adoption of the proposal re ~i:ich it relates. Following the recording ora Commitment. 5:e Ditcher shall return :he original recorded Commitment m the o~er and shall r~ain a copy of the recorded Commitment m the Commission's ?arsons Bound. Unless ir ~s modified or terminated by the Commission in accordance with subparagraph (4) below. re:erda,4 Commhmenr is binding on the o~*mer oldie parcel, a subsequent ox~er of~e parcel, and any other person who acquires an in[~rest m the parcel. An m~recorded Commmnent ~s binding on the owner Ccnmurment..~ unrecordeci Commitment ts binding ena st~0sequen~ ow~ter of t!~e p~rcei or interest m fl~e parcel only if the $nbsequent owner or ~e person acqutring fl~e mtereK has acrua~ no,ice Con~mirment. Modification or Termination by Commission Except ,or a Con~ntrment nlodified under 5e~ion _: l.b i !$'1 or 2. above or anzomar~caily terminated ~mder subparagraph (5'} below, a Commir:ne~?. ;aa) re moaified cr return:areal only by a decisron of the Cotmnissioi~ made at a public heanng after notice efti:e hearing has been d~e Commission's R..:ies of Procedure. Rezol]e Pm'ooosnis. Aurem2[~c Termmat:ou. A Cemmim'~enr made ~mder $~rion 3 )~ 3 abo~e az:romaricail!, re~,nmates the actopc~on oft_he ~rc. posaJ .:o ~xhicJ~ ir re[ares: lA> the zm~e n!ap applicable to the parcel is changed: or Unit Development district m~der th:s Zoning Ordinan:--' PASSED by the Common Council of the City of Carmel, Indiana this "~"~' day of ~,~f , 1999, byavoteof ,,_~Y ayesand / nays. ~ald E. Carter COMMON COUNCIL FOR THE CITY OF CARMEL Billy~alker ATTEST: l~a L. Cordray, ~urer Presented by me to the Mayor of the City of Carmel, Indiana the 7'7'~ day of , 1999. Approved by me, Mayor of the City of Carmel, Indiana, this ~7/t~ day of ,1999. Cam J ard, Mayor -- CERTII~ICATION OF PLAN COMMISSION'S RECOMMENDATION ON ORDINANCE TO AMEND SECTION 31.6.4 OF ~ PLANNED [INIT DEVELOPMENT ORDINANCE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-60~5 To; The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on ks application to amend the Planned Unit Development Ordinance, Section 31 of the Carmel/Clay Zoning Ordinance: Section 31.6.4 Proposals to Adopt or Amend Planned Unit Development District Ordinances. paragraph (t) is hereby amended to read: "Proposals for a PUD District Ordinance shall only be considered on property ' located between the eastern boundary of Spring Mill Road and the White River." The Plan Commission is hereby making a FAVORABLE RECOMi~NDATION of the aforesaid amendment to Section 31.6.4, paragraph (1). Said Ordinance Amendment is attached hereto and made a part hereof'. At a Special Meeting &April 27, 1999, the Carmel/Clay Plan Commission approved the Amendment to the Planned Unit Development District Ordinances by a vote of 10 in favor, none opposed. RECEIVED Ra~lona Ha~'~ock,'S~'cre/ary- CARMEL/CL~Y~SSION David A. Cremeans, President DATED: May 5, 1999 a modification is to make the Commitment less stringent, then the modified Commitment must be ratified by tile Conmxission to be effective, A Commitment made or modified under this provision is subject to the rules prescribed for Conm'titments by Section 31~6,5. (9) If the proposal is adopted, the Com~nission shall update file zone maps that it keeps available with the Zoning Ordinm~ce and the City's Code of Ordinances. (i O) Unless tile proposal provides for a later effective date, the updated zone maps coutained m the proposal take effect when the proposal is duly adopted. 31.6.4 Proposals to Adnet or Amend Planned Unit Development Dist4'ict Ordlnnnces The following procedure apphes to a proposal to adopt or amend a PUD District Ordinance: (1) Proposals for a PUD District Ordinance shall only be considered on nrooertv located between the eastern boundary of Sorine Mill Road and the White River. (2) (-19 The proposal must be initiated by a petition signed by property owners who own all of the land to be included in the Planned Unit Development Distriot. O) ~-) The petitioners shah prepare the proposal so that it is consistant with the definition of a PUD District Ordinance provided in Section 31.6.1 above. (4) (-a.) The proposal may provide that any development requirements (other then permitted uses) that are specified in the PUD District Ordinance may be modified by a hearing examiner or committee designated bythe Commission, after a public hearing held/n accordance with the Commission's Rules of Procedure. However, any decisian of a hearing examiner or committee wh/ch approves or deaies any requested modification may be appealed by the Director or any interested pan'y to the Commission, also in accordance with the Commission's Rules of Procedure. (~,) In considering the proposal, both the Commission and the Council shall pay reasonable regard to (i) the Comprehensive Plan, 0'1) cml,ail cunditkms 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 conservation ofproperty values throughout the City and the Township, and (v) responsible development and growth. (6) (4) The Commission shall give notice and hold a public hear~g co the proposal in accordance with its Rules of Procedure. (7) (40 Wheaever the Commission deems it advisable in regard to the matters contained in subparagraph O) or (4) above, the Commission may permit or require the owner of a parcel of real propen'y to make a Commitment subject to hhe rules prescribed for Commitments by Section 31-6.5. By permitting or requiring a Colmnitme~, the Commission does not become obligated to reconunead or not recomm~d the adoption ofthe proposal. (ii) (-79 Wf&in ten (1 O) business days aiter the Commission determines its recommendation (if any), the Co.m,dssion shall cet~i~ the proposal to the Council with a favorable recommendation, an ~mfnvorable recommendation, or no recommendation f~un the Commission. (9) ~) The Council shah veto on the proposal within ninety (90) days aRer the Commission eattities the proposal. The Council's cunsideratinn ofthe proposal is governed by IC 36-74-608 and lC 36-7-4-1512. (10) ~ During the time when the propo~l is being considered by the Council, the owner of a parcel of lznd may make a new Commitment: or modify the tem~ of a Commitment made when the proposal was before the Commission. No forther action ofthe Commission is required for a new Conm61u~nt to be effective. If a Commitment made wh~m the proposal was before the Commissioa is modified and the effect ofthe modification is $o make the Commitment mom stringent, no fmther action ofthe Commissic~ is required for the modified Commitment to be effective; however, ifthe effect of such a modification is to make the Co~m,fitm~t less stringent, then the modified Conunltment must be ratified by the Commissio~ to be effective. A Commitment made or modified under this provision is subject to the rules prescribed for Commitments by Section 31.6.5. (11) (4~ If the proposal is adopted, the Commission shall update the zone maps that it keeps available with the Zoning Ordinance ~nd the City's Code of Ordinances to reflect the designation ofthe parcel as a Planned Unit Development District. (12) (4-1-) Unless the proposal provides for a later offective date, the PUD District Ordinance takes effect whe~ the proposal is duly a~oted. 31.6.5 Rules Governing Commitment~ (l) Form A Commitment must be msubstautiaily the form set forth in the Commission's Rules of Procedure. aud nmst identi~ any specially affected persons or class of specially affected persons who may enforce the Comm~tment~ A Conmurment must anthorize its recording by the Director m the office of the Hamilton County Recorder. (2) Recording~Co_p__ies__ A Con~mitment shall be recorded in the office of the Hamilton County Recorder and takes effect upon the adoption of the proposal m which it relates. Following the recording ora Commitment, the Director shall return the original recorded Commitmo~t to the o~q~er and shall retain a copy of the recorded Commitment in the Commissinn's (3) Persons Bound. Uuless it is modified or terminated by the Coinmission in accordance with subparagraph (4) below, a recorded Commitment is binding on the owner of the parcel, a subsequent ow~er of the parcel, and any other person who acquires au interest in the parcel. An unrecorded Commitment is binding on the owner of the parcel who makes the Commitment. An unrecorded Commmnent is binding on a subsequent o,~er of the parcel or a person acquiring interest in the parcel only if the subsequent owner or the person acquiring the intere~ has actual notice of the Commitment (4) Mqej..fi_c~9_n_or ~_e. DBi~3tiq&b~y_Commissiou Except for a Conunitrnent m(x~lified trader Section 3 1.6.3 (8) or 3 [.6.4(9) above or antomarically terminated under subparagraph (5) below, a Commitment may be modified or temm~ated only by a decision of the Commission made at a public hearing at'er notice of the hearing has been given under the Commission's Rules of Procedure (5) Rezone Pro. posals. Automatic Termination. A Co~mnitment made under Sectio~ 31.6.3 above automatically terminates if after the adoptio~ of the proposal to Mficb it relates: (A) the zone map applicable to the parcel is changed; or (B) the parcel is designated as a Plam~ed Unit Development district under this Zoning Ordinance.