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HomeMy WebLinkAboutCC-08-20-12-01 VETOED - Moratorium on PUD'sSponsor(s): Councilor Seidensticker Resolution No.: CC- 08- 20 -12 -01 As Amended A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ESTABLISHING A MORATORIUM ON THE PRESENTATION OF PLANNED UNIT DEVELOPMENT ORDINANCES WHEREAS, the adoption and amendment of a Planned Unit Development ( "PUD ") district by the Carmel Common Council is a legislative act pursuant to Indiana Code § 36 -7 -4- 1507, et seq.; and WHEREAS, the Carmel Common Council has the authority to establish the procedures for adoption and approval of PUDs pursuant to I.C. § 36 -7 -4 -1509 and § 36 -7 -4 -1511; and WHEREAS, the Common Council has become aware of communication issues between the City of Carmel and developers regarding initial construction standards and enforcement of development commitments for various PUDs; and WHEREAS, the Common Council wishes to prescribe a rule for the internal management of future PUD ordinances presented to the Common Council, pursuant to I.C. § 36- 3-4-14(b)(5); and WHEREAS, it is the will of the Common Council to impose a moratorium on the presentation of any future PUD ordinances, in order to best protect the appropriate development and enforcement of PUD restrictions. NOW, THEREFORE, IT IS RESOLVED by the Common Council of the City of Carmel, Indiana, as follows: Section 1: The foregoing Recitals are incorporated herein by this reference. Section 2: No new Planned Unit Development ordinance shall be submitted to the Common Council until the repeal of this Resolution other than as provided for by state statute. Furthermore, the Plan Commission is hereby instructed not to make any determination or recommendation to the Common Council pursuant to Carmel Zoning Ordinance § 31.06.04 until such time as this Resolution is repealed. Section 3: All prior resolutions, ordinances or parts thereof inconsistent with any provision of this Resolution are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Resolution. However, the repeal or amendment by this Resolution of any other resolution or ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Resolution. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Resolution had not been adopted. Section 4: If any portion of this Resolution is, for any reason, declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Resolution, so long as enforcement of same can be given the same effect. Ver. 1 This document prepared by: Thomas D. Perkins, attorney at law, Frost Brown Todd LLC. Pagel 1 Sponsor(s): Section 5: This Resolution shall be in full force and effect from and after its passage and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana, this day of ..0 , 2012, by a vote of 4 ayes and 3 nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer ©P PO5E Kevin D. Rider Richard L. Sharp, Pres .4 ent Pro Tempore Carol Schleif pP (PaSei� Ronald E. Carter O PPOSE--S Sue Finkam ATTEST: . Cordray, IAMC, Clerk- Treasurer W. Eric Se.denstic ker St' Presented by me to the Mayor of the City of Carmel, Indiana this al day of 2012, at 11 ' (3 A .M. Diana L. Cordray, IAMC, Cler y reasurer Ver. 1 This document prepared by: Thomas D. Perkins, attorney at law, Frost Brown Todd LLC. Pagel 2 Approved by me, Mayor of the City of Carmel, Indiana, this day of 2012, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk - Treasurer INDLibrary2 0123312.0590320 1144787v2 Ver. 1 This document prepared by: Thomas D. Perkins, attorney at law, Frost Brown Todd LLC. Pagel 3 VETOEDb 2012, by4 the Mayor of the City of Carmel, Indiana this y day of .S rti.Qtclt. ote of ayes and nays. V COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin D. Rider Richard L. Sharp, President Pro Tempore Carol Schleif Ronald E. Carter W. Eric Seidensticker Sue Finkam Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk - Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2012, at .M. Diana L. Cordray, IAMC, Clerk- Treasurer Vetoed by me, Mayor of the City of Carmel, Indiana, this day of 2012, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer MEMORANDUM TO: Members of the City Council FROM: J. Brainard DATE: August 29, 2012 RE: Veto of Resolution CC- 08- 20 -12 -01 I have chosen to veto the above referenced resolution, pursuant to hndiana Code Section 36 -4 -5- 3, for several reasons. First, the First Amendment to the Constitution of the United States gives citizens the right to petition the government for the redress of grievances. Stating in advance that a petition for a planned unit development won't be heard may very well be construed to violate this basic right. Even if the city were to win on this point, a legal defense would be costly for the taxpayers. Additionally, it is a content -based limitation on free speech that would not pass the strict scrutiny tests established by Constitutional case law. State law allows for planned unit developments and there may well be violations of of those laws if this Resolution were to become effective. Third, regardless of the council's intent and detailed explanations about this resolution not stopping development it would be perceived by the media and the business community as a desire to limit investment and development. It would run counter to our efforts to attract investment capital to Carmel and add to our tax base. Finally, the concerns brought forward by the Council can best be handled by internal clarification of the processes for review of planned unit developments. I have recently provided both the management memorandum and a checklist and sign off by the various officials and departments that will be used going forward by the Department of Community Services.