HomeMy WebLinkAboutZ-578-13 Amend Chapter 31 - Procedures and Development Requirements for PUD's/SEE Z-574-13 Sponsor: Councilor Rider
ORDINANCE Z-578-13, As Amended
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance amending Ordinance Z-574-13 regarding the procedures and
development requirements for Planned Unit Developments (PUDs)
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4),
each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and
duly approved by Resolution No. CC-05-04-09-02 of the Common Council on May 4, 2009, and is therefore
the official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, pursuant to Indiana Code 36-7-4-1506 the text of the zoning ordinance must specify
any limitation on planned unit development and any standards, requirements and procedures that govern the
establishment and administration of planned unit development districts; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the
text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-1600-02,
the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City
Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
that, pursuant to IC 36-7-4-600 and IC 36-7-4-1500 et seq. and after Docket No. 13010013 OA having
received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, April 16,
2013, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as
amended), to read as follows:
Section I:
ZO Chapter 31: General Provisions:
a. Amend Section 31.06.04: Proposals to Adopt or Amend Planned Unit Development 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. 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.
2. 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-578-13.Version B
1
09/16/2013
3. 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 provides (1) a mixed use development
or (2) 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 purposes of the Subdivision
Control and Zoning Ordinances;
d. current conditions and the character of current structures and uses in each district and
• its surroundings;
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.
4. 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. (See Sample Outline & Ordinance — available in
the Department of Community Services).
b. Development Requirements. The District Ordinance shall clearly indicate in text
and/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 minimum acreage and overall percentage.
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 Standards.
viii. Lighting Standards.
ix. Landscaping Requirements.
x. Sign Standards.
Ordinance 7_-578-13.Version 13
2
09/16/2013
xi. Parking Requirements.
xii. Definitions.
xiii. 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.
xiv. Violations &Enforcement.
xv. 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 7, 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.
5. 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 completed by the Department which compares the
proposed District Ordinance development requirements to the requirements of the
existing zoning District and surrounding neighborhood(s).
b. Character Renderings. One or more renderings shall be submitted which illustrate the
style of the architecture and other site details proposed in the PUD District and sub-
district.
c. Vicinity Map. A map that shows adjacent use(s) and zoning district(s).
d. Existing Site Conditions. A description and/or map of 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 historic structures and
features, as determined by the Hamilton County Interim Report or Carmel Historic
Preservation Commission.
6. Public Hearing. The Petitioner and Commission shall give notice and hold a public hearing on
the proposal in accordance with its Rules of Procedure.
7. Conditions & Commitments.
a. When adopting or amending a PUD District Ordinance, the Council may impose
reasonable conditions on a Planned Unit Development.
b. Whenever the Commission deems it advisable in regard to the matters contained in
Subparagraph (12 Modifications) or (3 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
Ordinance Z-578-I3,Version 13
3
09/16/2013
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 Conditions or 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.
8. 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.
9. 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.
10. 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.
11. Effective Date. Unless the proposal provides for a later effective date, the PUD District
Ordinance takes effect when the proposal is duly adopted.
12. Modification.
a. The same procedure as is contained in Section 31.06.02 for the amendment or partial
repeal of the Zoning Ordinance applies to a proposal to amend or partially repeal the
text of a PUD District Ordinance
b. No alterations from an approved Development Plan, ADLS, or Primary Plat may be
made except those that comply with all applicable development standards contained in
the PUD District Ordinance, or those that are approved in accordance with
Subparagraph c or d below.
c. The Plan Commission may, after a public hearing, grant a Zoning Waiver of any of the
dimensional standards of the PUD District Ordinance, by less 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.
Ordinance Z-578-13.Version B
4
09/16/2013
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.
PASSED by the Common Council of the City of Carmel, Indiana this I day of 0-i-'m1
2013, by a vote of Lo ayes and I nays.
•
Ordinance Z-578-13,Version B
5
09/16/2013
COMMON COUNCIL FOR THE CITY OF CAR A E
/4. )L7./.:K
iIIIIIMINIA9111111111411"
Presiding Officer ' evin D. Rider
(1) 1 i (4,_&
49. /•,-
Richar 7 L. Sharp, Pr sident Pro Tempore Carol Schleif U
(%,---e--- --- /e74 Ronald E. Carter W. Eric Sei ensticker
A'
O Po s c,L. j Mimi
Sue Finkam Luca-Snyder
ATTEST:
i
/., • I ' • /,
Diana L. Cordray, IAMC, Clerk-T •asurer
Presented by me to the Mayor of the City of Carmel, Indiana this 17f day of
r.tpw J)VL 2013, at 9:4-6— G.M.
141;4k.& `f 2 Z?
�2Cth %,
Diana L. Cordray, IAMC, Clerk-Tr(asutrer
Approved by me, Mayor of the City of Carmel, Indiana, this a 3 day of
649t21wdi-h. 2013, at !0:1S A.M.
""7
J es Brainard, Mayor
ATTEST:
/ . - ,
Diana L. Cordray, IAMC, Clerk-Tre. ur-r
Prepared by:
Adrienne Keeling,Planning Administrator,One Civic Square,Carmel,IN 46032
Ordinance Z-578-13.Version B
6
09/16/2013
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-578-13 (formerly Z-574-13):
PUD Requirements Ordinance Amendment
Petition 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 rejection of the petition (Docket No.
13010013 OA) to amend the definitions, procedures, and development requirements for new Planned
Unit Development district ordinances (PUDs).
The Plan Commission has duly considered the Common Council's rejection of Z-574-13, as well as the
Council's reasons for such rejection, and the Plan Commission has voted to DISAPPROVE the rejection
and also to forward the proposed Ordinance back to the Council with corrective amendments.
At its meeting on August 6, 2013, the Executive Committee, acting on behalf of the Commission voted
four (4) in Favor, zero (0) Opposed, zero (0) Abstaining, to disapprove the rejection of Common Council
Ordinane Z-574-13 and also to forward the proposed Ordinance Z-578-13 with a Favorable
Recommendation.
..k
Please bea°dvised that by virtue of the Commission's Disapproval, pursuant to IC 36-7-4-607(e)(4)(B),
the Council has forty-five (45) days to confirm its vote on Z-574-13 or to act upon Z-578-13. If the
Council fails to act, then Ordinance Z-574-13 becomes effective as originally Certified by the
Commission on April 17, 2013. Forty-five days from the date of this Certification (August 12, 2013) is
Thursdayl September 26,2013.
CARMEL PLAN COMMISSION •
BY: ``�t"C..l?-e - R 3+KCY -Cb k 64-41--K
Steven R. Stromquist, President
ATTEST:
1 Y
Lisa Motz, Secretary
Carmel Plan Commission
Dated: August 12, 2013
2013-0812:Z-574-13:PC ReCertification and forward Z-578-13.revised.docx