Loading...
HomeMy WebLinkAboutZ-574-13 FAILED - PUD Requirements/SEE Z-578-13 Sponsor: Councilor Rider ORDINANCE Z-574-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance amending the procedures and development requirements for Planned Unit Developments (PUDs) 0 WHEREAS, pursuant to the Advisory Planning Law of the State of In 'ana o ained in IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordin Iles must first approve by resolution a comprehensive plan for the geographic area over which it has juri?i ti. ; and WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" D. ket No. 08070020 CP was given a favorable recommendation by the Carmel Advisory Plan '. issior on November 18, 2008, and duly approved by Resolution No. CC-05-04-09-02 of the Commo 1 Cou cil f.n May 4, 2009, and is therefore the official Comprehensive Plan of the City of Carmel and C1ay s, ns . and WHEREAS, pursuant to Indiana Code 36-7-4-1506 t • to t of the zoning ordinance must specify any limitation on planned unit development and any standard , r:.u* ements and procedures that govern the establishment and administration of planned unit develop I ent 'is acts; and WHEREAS, pursuant to Indiana Code fi 7-4- 0. e ommon Council is authorized to amend the text of the zoning ordinance; and WHEREAS, pursuant to Indiana od 36,'7 -6 ` and City of Carmel Ordinance No. D-1600-02, the Carmel Zoning and Subdivision Co 41 OrdTnanc�e are incorporated by reference into the Carmel City Code; / NOW, THEREFORE, BE IT AINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 and I 6-7-4500 et seq. and after Docket No. 13Q0013 OA having received a favorable recommendation fro the Carmel Advisory Plan Commission on Tuesday, April 16, 2013, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordind ree No. Z-289, as amended), to read as follows: Section I: / "`' r, ZO Chapter 31: General Provisions: a. Amend Section 31.06.04: Proposals to Adopt or Amend Planned Unit Devel ment District Ordinances to read: 31.06.04 Proposals to Adopt or Amend Planned Unit Development District Ordinances. The following procedure applies to a proposal to adopt or amend a PUD District Ordinance: 1. Location. Proposals for a PUD District Ordinance maybe considered on any property located within the boundaries of Carmel/Clay Township, Hamilton County, Indiana. 2. Initiation. The proposal must be initiated by a petition signed by property owners who own all of the land to be included in the Planned Unit Development District. 3. Definition. The petitioners shall prepare the proposal so that it is consistent with the definition of a PUD District Ordinance provided in Chapter 3: Definitions. Ordinance Z-574-13 1 05/06/2013 4. Decision Criteria. In considering the proposal, both the Commission and the Council shall pay reasonable regard to: a. the extent to which the PUD District Ordinance is desirable to provide a mixed use development or to address unusual site conditions or surroundings; b. the Comprehensive Plan and any other applicable, adopted planning studies or reports; c. the extent to which the proposal fulfills the general intent of the Subdivision Control and Zoning Ordinances; d. current conditions and the character of current structures and uses in each district; e. the most desirable use for which the land in each district is adapted; f. the conservation of property values throughout the City and the Township, and g. responsible development and growth. 5. District Ordinance. The District Ordinance shall be the governing document for the development of the Planned Unit Development. The District Ordinance and corresponding exhibits may be formatted to no larger than ledger or tabloid sized (11"x 17") pages and shall conform to the following: a. Cover Page and Table of Contents. The cover page shall include the Docket Number and, when applicable, the Council Ordinance number, the title of the PUD District, and the submittal date. A Table of Contents shall identify all sections and exhibits included in the District Ordinance. b. Development Requirements. The District Ordinance shall clearly indicate in text or map form the subject location as well as the permitted uses and development requirements to be applied to the real estate. The District Ordinance shall include, but is not limited to: i. Concept Plan, which defines the boundaries of the PUD District, delineates any sub-districts or planning areas and which also illustrates building areas, parking areas and the basic street and connectivity patterns within the project. ii. Land Uses proposed, including a specific list of permitted uses in the PUD District or, when applicable, within each sub-district. iii. Transportation Systems, including plans for thoroughfares, bicycle and pedestrian connectivity, as well as specifications for each. iv. Open Spaces, including the location, design and use of open space and common areas. v. Natural Features, including any streams, regulated drains, floodplains, wetlands, wooded areas or preserved trees. vi. Lot Area, Building Height and Setback Standards. vii. Architectural Design Standards Parking Requirements. viii. Lighting Standards, including a photometric plan. ix. Landscaping Requirements. x. Sign Standards. xi. Parking Requirements. xii. Definitions. Ordinance Z-574-13 2 05/06/2013 xiii. Declaration of Covenants. xiv. Approval Process, including a list of approvals required prior to obtaining an Improvement Location Permit, e.g. Development Plan, ADLS, Primary Plat, Secondary Plat, Modification procedures. xv. Violations & Enforcement. xvi. Schedule of Exhibits, including all text and/or maps required to describe, depict, illustrate or characterize any of the project details. Any Conditions or Commitments required per Subparagraph 8, shall also be included in the Schedule of Exhibits. c. Any portion of the Carmel Subdivision Control or Zoning Ordinance may be referenced in the District Ordinance. However, the Subdivision Control and/or Zoning Ordinance shall govern in instances where the PUD District Ordinance is silent. d. The Council Signature Page shall occur at the end of the District Ordinance, following all exhibits and appendices necessary to describe, regulate and illustrate the PUD District. 6. Supplemental Information. In addition to the District Ordinance and its exhibits, the following additional information shall be submitted to aid in the review of the PUD District: a. PUD Comparison Exhibit. A table which compares the proposed District Ordinance development requirements to the development requirements of the existing District and one or more comparable Districts in the Carmel Zoning Ordinance. b. Character Renderings. One or more renderings shall be submitted which illustrates the most intense development proposed in the PUD District and sub-district, when applicable. The renderings shall depict scenarios of the tallest structures, minimum building setbacks, and largest building footprints permitted in the context of the proposed PUD District and surrounding property. c. Vicinity Map. A vicinity map shows the use and zoning of all properties within 1/4 mile of the property subject to the District Ordinance, and within 1/2 mile of the subject property if it comprises more than 160 acres. The map shall also include any existing, pending or approved future development, including streets, access points and general drainage patterns or designs. d. Existing Site Conditions. A description and/or map of all existing conditions on the subject property, including structures, streets, trails, established open spaces, utility lines, easements, topography, natural features, or any other feature that may influence the design of the development. e. Historic Structures and Features. A description and/or map of all historic structures and features, as determined by the Hamilton County Interim Report or Carmel Historic Preservation Commission. f. Any other information requested by the Director, Plan Commission or Common Council to aid in the review of the PUD District. 7. Public Hearing. The Petitioner and Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure. In addition, the petitioner shall document at that meeting all additional public outreach efforts regarding the proposal (e.g. informational meetings with neighbors, homeowner's associations or other similar neighborhood groups). Ordinance Z-574-13 3 05/06/2013 8. Conditions & Commitments. a. When adopting or amending a PUD District Ordinance, the Council may impose reasonable conditions on a Planned Unit Development, including but not limited to furnishing a bond or a satisfactorily written assurance guaranteeing the timely completion of a proposed public improvement within or serving the Planned Unit Development. b. Whenever the Commission deems it advisable in regard to the matters contained in Subparagraph (14 Modifications) or (5 Decision Criteria) herein, the Commission may permit or require the owner of a parcel of real property to make a Commitment subject to the rules prescribed for Commitments by Section 31.06.05. By permitting or requiring a Commitment, the Commission does not become obligated to recommend or not recommend the adoption of the proposal. c. During the time when the proposal is being considered by the Council, the owner of a parcel of land may make a new Commitment or modify the terms of a Commitment made when the proposal was before the Commission. No further action of the Commission is required for a new Commitment to be effective. If a Commitment made when the proposal was before the Commission is modified and the effect of the modification is to make the Commitment more stringent, no further action of the Commission is required for the modified Commitment to be effective; however, if the effect of such a modification is to make the Commitment less stringent, then the modified Commitment must be ratified by the Commission to be effective. A Commitment made or modified under this provision is subject to the rules prescribed for Commitments by Section 31.06.05. d. To the extent that any of the required Commitments is a direct alteration of a development requirement listed in the District Ordinance, then the District Ordinance shall be amended to reflect the required Commitment. 9. Certification. Within ten (10) business days after the Commission determines its recommendation (if any), the Commission shall certify the proposal to the Council with a favorable recommendation, an unfavorable recommendation, or no recommendation from the Commission. 10. Council Action. The Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. The Council's consideration of the proposal is governed by IC 36-7-4-608 and IC 36-7-4-1512. 11. Maps. If the proposal is adopted, the Commission shall update the zone maps that it keeps available with the Zoning Ordinance and the City's Code of Ordinances to reflect the designation of the parcel as a Planned Unit Development District. 12. Effective Date. Unless the proposal provides for a later effective date, the PUD District Ordinance takes effect when the proposal is duly adopted. 13. Periodic Review. In the event that an approved PUD is dormant for more than three (3) years, the Director will conduct a review of the PUD District Ordinance to verify that it is still appropriate within the community. The Director will report the results of the review to the Plan Commission and Common Council. A PUD will be considered dormant resulting in periodic review under the following conditions: Ordinance Z-574-13 4 05/06/2013 a. If Primary Plat and/or Development Plan approval does not occur on any portion of the site within three (3) years from the effective date. b. If the PUD fails to commence or if no, or minimal, construction activity has occurred for a period of three (3) years following Primary Plat and/or Development Plan Approval. c. If there is no, or minimal, construction activity for any period of three (3) years , even after construction activity has commenced. c. If the PUD remains dormant following a review under subparagraphs (a), (b) or (c) above, then review will occur every two (2) years until appropriate Primary Plat, Development Plan or Improvement Location Permit approvals are granted or construction activity occurs. 14. Modification. The proposal may provide that any development requirements that are specified in the PUD District Ordinance may be modified as follows: a. Permitted Uses and Maximum Unit Limitations, when applicable, may only be modified by a text amendment to the PUD District Ordinance, after a public hearing held in accordance with the Commission's Rules of Procedure. b. Substantial Alterations from an approved Development Plan, ADLS or Primary Plat shall be reviewed and approved by the Plan Commission, or a committee thereof, pursuant to the Plan Commission's Rules of Procedure. Minor Alterations may be approved by the Director. c. The Plan Commission may, after a public hearing, grant a Zoning Waiver of any of the dimensional and quantitative standards of the PUD District Ordinance, by no greater than ten percent (10%) of the specified standard. Any approval of such waiver is subject to the following criteria: i. The proposal shall be in harmony with the purposes and land use requirements contained in the District Ordinance. ii. The proposal shall complement the overall development plan and the adjoining streetscapes and neighborhoods. iii. The proposal shall not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the PUD District, and must not adversely affect emergency access in the area. d. The Board of Zoning Appeals may also review and approve Variances from the terms of the PUD District Ordinance, pursuant to Chapter 30. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSE--by the Common Council of the City of Carmel, Indiana this 1`S day of 2013, by a vote of C) ayes and b nays. <J Ordinance Z-574-13 5 05/06/2013 COMMON COUNCIL FOR THE CITY OF CARMEL 0 P PsE-) Presiding Officer Kevin D. Rider Pe ( 'NOT D SE Richard L. Sharp, President Pro Tempore Carol Schleif P P oSE-D PPO.SGID Ronald E. Carter W. Eric Seidensticker P O- a-D ®P Pa 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 2013, at _.M. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2013, at _.M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: Adrienne Keeling,Planning Administrator,One Civic Square,Carmel,IN 46032 Ordinance Z-574-13 6 05/06/2013 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-574-13 PUD Requirements Ordinance Amendment. The applicant seeks to amend Chapter 3: Definitions and Chapter 31: General Provisions of the Zoning Ordinance for the purpose of modifying the definitions, procedures, and development requirements for new Planned Unit Development district ordinances (PUDs). 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 (Docket No. 13010013 OA PUD Requirements Ordinance Amendment), petitioning the Commission for a favorable recommendation to amend Chapter 3: Definitions and Chapter 31: General Provisions for the purpose of modifying the definitions, procedures, and development requirements for a new PUD. The Carmel Plan Commission's recommendation on the petition of the applicant is `Favorable." At its regularly scheduled meeting of April 16, 2013, the Carmel Plan Commission voted Eleven (11) in Favor, Zero (0) Opposed, Zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-574-13 with"Favorable." Please be advised that by virtue of the Plan 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 Certification is Tuesday July, 16, 2013. CARMEL PLAN COMMISSION BY,:Sk,(y/i* Q +"( L 1(11. L.,l. (.. / ' n7( Steven R. Stromquist, President 1--' ATTEST: Lisa Motz, Secretary '• Carmel Plan Commission .o Dated: April 17, 2013