HomeMy WebLinkAboutPacket 05-15-12City of Carmel
CARMEL PLAN COMMISSION
MEMORANDUM-
Date: May 4, 2012
To: Plan Commission Members
From: Adrienne Keeling
Department of Community Services
Re: May 15 Plan Commission meeting Docket No. 12040015 OA
Enclosed is the information packet for the following item. If you have any questions, please give me a call at
571 -2417.
Docket No. 12040015 OA: BZA Hearing Officer Ordinance Amendment.
The applicant seeks an ordinance amendment to change Zoning Ordinance Chapter 30: Board of
Zoning Appeals in order to modify the qualifications of BZA Hearing Officers. Filed by the Carmel
Department of Community Services on behalf of the Carmel Plan Commission.
Please find enclosed an ordinance amendment which expands the pool of qualified BZA Hearing Officers by
allowing former BZA members to serve. This creates flexibility by having additional candidates already
experienced with BZA hearings and procedures. Also, it could be advantageous to have a Hearing Officer(s)
independent of the current board membership. in the instance of an Appeal to the Full BZA, all 5 current
members could review the case without having previously been its Hearing Officer.
2012 -0515; 12040015 OA; PC Memo.docx
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CARMEL, INDIANA 46032 317/571 -2417
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ORDINANCE Z- XXX -12
Sponsor: Councilor Rider
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
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7 An Ordinance Amending the Qualifications of BZA Hearing Officers
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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 Carmel 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 -610 and City of Carmel Ordinance No. D- 1600 -02,
21 the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City
22 Code;
23 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
24 Indiana, that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 12040015 OA
25 having received favorable recommendations from the Carmel Advisory Plan Commission on Tuesday,
26 2012, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance
27 (Ordinance No. Z -289, as amended) and the Carmel Subdivision Control Ordinance (Ordinance No. Z -160),
28 as amended, to read as follows:
29 Section I:
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31 ZO Chapter 30: Board of Zoning Appeals:
32 a. Amend Section 30.08: Alternate Procedure to read:
33 30.08 Alternate Procedure.
34 30.08.01 Hearing Officers: Qualifications, Appointment and Removal. Pursuant to I.C. 36 -7 -4 -923, the
35 I Commission hereby establishes the position of Hearing Officer. A Hearing Officer must be a rrent or
36 member of the Board or an attorney licensed to practice law in Indiana. One (1) or more
37 Hearing Officers shall be appointed by the Commission. A Hearing Officer may be removed from his
38 or her responsibilities at any time by the Commission.
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10 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
11 hereby repealed.
12 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
13 Mayor.
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15 PASSED by the Common Council of the City of Carmel, Indiana this day of
16 2012, by a vote of ayes and nays.
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Ordinance Z- -12
05/04/2012 DRAFT FOR MAY 15 PLAN COMMISSION MEETING
1 COMMON COUNCIL FOR THE CITY OF CARMEL
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5 Presiding Officer Kevin D. Rider
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9 Richard L. Sharp, President Pro Tempore Carol Schleif
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13 Ronald E. Carter W. Eric Seidensticker
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17 Sue Finkam Luci Snyder
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20 ATTEST:
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24 Diana L. Cordray, IAMC, Clerk- Treasurer
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27 Presented by me to the Mayor of the City of Carmel, Indiana this day of
28 2012, at .M.
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32 Diana L. Cordray, IAMC, Clerk- Treasurer
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35 Approved by me, Mayor of the City of Carmel, Indiana, this day of
36 2012, at .M.
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40 James Brainard, Mayor
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42 ATTEST:
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46 Diana L. Cordray, IAMC, Clerk- Treasurer
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48 Prepared by:
49 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
Ordinance Z-#41# -12
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05/04/2012 DRAFT FOR MAY 15 PLAN COMMISSION MEETING