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HomeMy WebLinkAboutPUD Ordinance Amendment Memorandum29 April 2013 MEMORANDUM To: Carmel City Council cc: Mayor Jim Brainard, Mike Hollibaugh, Adrienne Keeling From: Carmel Chamber of Commerce Re: Ordinance Z- 574 -13 PUD Requirements Ordinance Amendment The Carmel Chamber views the proposed PUD Requirements Ordinance Amendment as unfriendly to business, and therefore opposes its passage. Among our reasons for opposition are the following: The Plan Commission's choice to act as policy -maker in PUD ordinances is inappropriate. By state statute, Plan Commissions are advisory with respect to the rezoning of property. The decision - making body is the elected city council. The Plan Commission's 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. • This ordinance places excessive and expensive requirements and demands on a developer to provide materials which would typically be developed following a rezone. The proposed ordinance requires the developer to spend significant funds to design and phase a project that will be changed from concept to final development. This PUD Ordinance does not replace the Development Plan and ADLS review and approval process by the Plan Commission. • A PUD is a rezone, not an attempt to avoid rezoning. PUDs are very important aids to development and redevelopment of real estate. Fundamentally, a PUD is a reaction to market conditions. As such, it is a 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. • This 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, financial institution loan agreements and market conditions which could easily delay or change the development. There is no current "sunset" provision if a property is rezoned from a residential zoning to a commercial zoning. Ili Carmel Chamber Singular Focus, Shared Success 2013 Board of Directors Mike Vall, Chair Firestone Diversified Products Ron Hanson, Chair -elect Hanson & Snyder Personal Financial Advisors Jo Biggers, Treasurer MISO Melissa Averitt. Secretary Pedcor Marketing Josh Carr Northwestern Mutual Financial Network Mike Chittenden St. Vincent Carmel Hospital Cheri Dick Booth Tarkington Civic Theatre Matt Frey Bub's Burgers & Ice Cream Brad Fuson Krieg De Vault Celest Higgins Old National Bank Mike Napariu RE[ Real Estate Services, Inc. Michael Rechin First Merchants Bank Jud Scott Vine & Branch, Inc. Randy Sorrell Surroundings by Natureworks+ Mo Merhoff President 21 S. Range Line Rd., Ste. 300A, Carmel, IN 46032 317 846 -1049 Fx 317 844 -6843 www.carmelchamber.com nop- Why would those limitations be imposed on PUDs? Once a 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. • This provision could have significant, detrimental effects on development in the community. The impetus for this ordinance, apparently, was the feeling by some that there are "too many PUDs." The ordinance appears to be an attempt to solve that by loading up expensive requirements on developers, which could have the effect of precluding development period. We want to increase development opportunities for our community, not stop them with excessive demands and bureaucracy.