HomeMy WebLinkAboutChamber of Commerce Letter for PUD Ordinance
25 February 2013
PUD Requirements Ordinance Amendment
The Carmel Chamber of Commerce views the PUD Requirements Ordinance Amendment as unfriendly to
business, and therefore opposes its passage. Our reasons for opposition are the following:
By state statute, Plan Commissions are advisory with respect to the rezoning of property. The decision-
making body is the elected city council. So, the Plan Commission’s choice to act as policy-maker in this
case is inappropriate. Their job is to review plans, not decide whether they should be allowed. The Plan
Commission issues a positive recommendation, a negative recommendation or no recommendation to
the City Council following the review of a proposed PUD Ordinance. The ultimate decision as to
whether a PUD is approved is at the sole discretion of the City Council.
The demands on a developer to provide materials which would typically be developed following a
rezone, are excessive and expensive. The proposed ordinance requires the developer to spend
significant funds to design a project that in all likelihood will be changed from concept to final
development. The PUD Ordinance does not replace the Development Plan and ADLS review and
approval process by the Plan Commission.
The Plan Commission’s contention that this ordinance is designed to preclude developers from using a
PUD instead of a rezone process is inaccurate. A PUD is a rezone. The PUD is a very important and
valuable part of the Carmel Zoning Ordinance that allows the development of a specific parcel to be
fine-tuned to meet the concerns of all parties with the final decision remaining with the City Council.
The ordinance places limits on the time between approval and development, and gives the Plan
Commission the power to initiate a review. This ignores economic uncertainty and market conditions
which could easily delay or change the development. There is no “sunset” provision if a property is
rezoned from a residential zoning to a commercial zoning. This provision will have a significant
detrimental effects, and discourage development in the City. Once the PUD Ordinance is approved, the
Plan Commission should have no further review. That authority is retained by the City Council. Again,
the Plan Commission is the advisory body, not the legislative body with respect to zoning.
The impetus for this ordinance apparently was the feeling by some Plan Commission members that there
were “too many PUDs.” This ordinance is an attempt to solve that by loading up requirements on
developers, which could have the effect of precluding development period. The abandonment of
Euclidian zoning could be a better answer.