HomeMy WebLinkAboutPacket 06-04-12 City CouncilTO: Carmel City Council
FROM: Adrienne Keelinga-
Department of Community Services
SUBJECT: Z- 557 -12
DATE: May 24, 2012
MEMORANDUM
Please find the attached information on the following item forwarded by the Plan Commission. This item will
appear on your June 4 agenda.
Forwarded with a favorable recommendation:
Ordinance Z- 557 -12 (Docket No. 12040015 OA):
BZA Hearing Officer Amendment
Petition to amend 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.
Enclosed is an ordinance amendment which expands the pool of qualified BZA Hearing Officers by allowing
former BZA members to serve in addition to current BZA members and licensed attorneys. This creates
flexibility by having additional candidates with previous experience 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.
The information on this item has been arranged in the following format:
1. Copy of PC Certification
2. Copy of the Ordinance Proposal Z- 557 -12
2012 -0504; Z-557 -12; Council Report.docx
Page 1
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z-557-12
An Ordinance to Amend Chapter 30: Board of Zoning Appeals of the Zoning Ordinance.
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application to the Commission
(Docket No. 12040015 OA) to Amend Chapter 30: Board of Zoning Appeals in order to modify the
qualifications of BZA Hearing Officers.
The Carmel Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on May 15, 2012 the Commission voted ten (10) in Favor, zero (0) Opposed, zero
(0) Abstaining, to forward to the Common Council the proposed Ordinance Z-557-12 with a Favorable
Recommendation with an amendment to modify Hearing Officer qualifications.
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 (May 24, 2012) is
Wednesday, August 22, 2012.
CARMEL PLAN COMMISSION
•
BY: „ _ ..
y Do an,-1 resident
ATT 9'T:
�11�J 1'
' .mona Hancock, Secretary
Carmel Plan Commission
Dated: May 24, 2012
2012-0524;Z-557-12;PC Certification.doc bO :ZI d 1101
1 Sponsor: Councilor Rider
2
3 ORDINANCE Z- 557 -12
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
6
7 An Ordinance Amending the Qualifications of BZA Hearing Officers
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 Carmel and Clay Township; and
16
17 and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance;
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, May
26 15, 2012, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as
27 amended), to read as follows:
28 Section I:
29
30 ZO Chapter 30: Board of Zoning Appeals:
31 a. Amend Section 30.08: Alternate Procedure to read:
32 30.08 Alternate Procedure.
33 30.08.01 Hearing Officers: Oualifications, Aupointment and Removal. Pursuant to I.C. 36 -7-4 -923, the
34 I Commission hereby establishes the position of Hearing Officer. A Hearing Officer must be a current or
35 'mrmer member of the Board or an attorney licensed to practice law in Indiana. One (1) or more
36 Hearing Officers shall be appointed by the Commission. A Hearing Officer may be removed from his
37 or her responsibilities at any time by the Commission.
38
39 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
40 hereby repealed.
41 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
42 Mayor.
43
44 PASSED by the Common Council of the City of Carmel, Indiana this day of
45 2012, by a vote of ayes and nays.
46
47
Ordinance Z- 557 -12
1
06/04/2012
1 COMMON COUNCIL FOR THE CITY OF CARMEL
2
3
4
5 Presiding Officer Kevin D. Rider
6
7
8
9 Richard L. Sharp, President Pro Tempore Carol Schleif
10
11
12
13 Ronald E. Carter W. Eric Seidensticker
14
15
16
17 Sue Finkam 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 2012, 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 2012, 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- 557 -12
2
06/04/2012