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Home My WebLink AboutD-2578-21 Brookshire North Golf Cart Use OrdinanceSPONSOR: Councilor Aasen, Rider And Worrell This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 5/4/21 at 12:43 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been revie wed by Mr. Oberlander for legal sufficiency or otherwise. ORDINANCE D-2578-21 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 8, ARTICLE 4, SECTION 8-43 OF THE CARMEL CITY CODE Synopsis: This ordinance grants Approved Neighborhood status to the Brookshire North neighborhood, thereby allowing the use of golf carts on Local Streets within the neighborhood. WHEREAS, the Common Council has established regulations for the use of golf carts on Local Streets within Approved Neighborhoods that are located within the City of Carmel, which regulations have been codified in Carmel City Code § 8-43; and WHEREAS, pursuant to the requirements set forth in Carmel City Code § 8-43, the Carmel Engineering Department has reviewed the application of the Brookshire North neighborhood to become an Approved Neighborhood, as that term is defined by Carmel City Code § 8-43(a)(5); and WHEREAS, the Engineering Department has determined that the Brookshire North neighborhood has met the requirements necessary to become an Approved Neighborhood. The Engineering Department issued a memorandum detailing its findings regarding the Brookshire North Homeowners Association’s application to become an Approved Neighborhood for the use of golf carts, which is attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the Common Council finds that it is in the public interest to grant Approved Neighborhood status to the Brookshire North neighborhood, and allow the use of golf carts on those Local Streets that have been approved by the Engineering Department in conformance with the provisions of Carmel City Code § 8-43. NOW, THEREFORE, BE IT ORDAINED, 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. Chapter 8, Article 4, Section 8-43(e)(1)(c)(ii) of the Carmel City Code is hereby amended and shall read as follows: “Sec. 8-43(e)(1)(c)(ii) Approved Neighborhoods and Streets: A Golf Cart bearing a properly issued and displayed permit, as required under subsection (f) of the ordinance, may be operated on the Approved Streets in the Approved Neighborhood(s) stated below, subject to all other provisions and restrictions set forth herein: ii. Brookshire North: a. Abbey Dr Ordinance D-2578-21 Page One of Three DocuSign Envelope ID: B91B84FD-27DC-4017-8F1C-B372D2375BB6 SPONSOR: Councilor Aasen, Rider And Worrell This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 5/4/21 at 12:43 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been revie wed by Mr. Oberlander for legal sufficiency or otherwise. b. Andover Ct c. Andover Dr d. Banbury Cir e. Bristal Cir f. Bristal Ln g. Brookshire Pkwy h. Camborne Ct i. Camborne Dr j. Centennial Ct k. Peppermill Ct l. Wembly Cir m. Wembly Ct n. Wembly Rd Section 3. The remaining provisions of Carmel City Code Chapter 8, Article 4, Section 8-43 are not affected by this Ordinance and shall remain in full force and effect. Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 5. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. [Remainder of page intentionally left blank] Ordinance D-2578-21 Page Two of Three DocuSign Envelope ID: B91B84FD-27DC-4017-8F1C-B372D2375BB6 SPONSOR: Councilor Aasen, Rider And Worrell This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 5/4/21 at 12:43 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been revie wed by Mr. Oberlander for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2021, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Sue Finkam, President Kevin D. Rider, Vice-President ___________________________________ ____________________________________ Laura Campbell H. Bruce Kimball ___________________________________ ____________________________________ Jeff Worrell Anthony Green ___________________________________ ___________________________________ Adam Aasen Tim Hannon ___________________________________ Miles Nelson ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2021, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2021, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2578-21 Page Three of Three DocuSign Envelope ID: B91B84FD-27DC-4017-8F1C-B372D2375BB6 May 5th May 8 May 5th 5th P 0 P1:30 Not Present 12:30 Memorandum To: Bryan Ferry, Brookshire North HOA CC: Jeremy Kashman, City Engineer From: Bradley Pease Date: 3/16/2021 Re: Carmel City Code Section 8-43(a)(5) - Golf Carts on Carmel Streets Please find below a summary of the analysis by the Engineering Department of items in Carmel City Code Section 8-43(a)(5), enacted by Ordinance D-2425-18. The Ordinance establishes items that must be submitted to the City of Carmel Engineering Department by the HOA for the use of golf carts on Carmel streets. a. The HOA has submitted the following information to the City of Carmel Engineering Department: i) Written verification that all members of the HOA were given written notice of the golf cart use vote at least 10 days prior to the vote, that seventy-five percent ( 75%) of the HOA members who chose to vote indicated by written ballot or proxy that they approved of allowing a Golf Cart to operate upon a Highway designated as a Local Street within the neighborhood controlled by the HOA, and that the voting procedure otherwise complied with all relevant HOA requirements; The conditions of this item have been met. ii) The name(s) of each street located within the jurisdiction of the HOA; The following is a list of streets within the jurisdiction of Brookshire North: Abbey Dr Bristal Ln Peppermill Ct Andover Ct Brookshire Pkwy Wembly Cir Andover Dr Camborne Ct Wembly Ct Banbury Cir Camborne Dr Wembly Rd Bristal Cir Centennial Ct EXHIBIT A (1 of 2) DocuSign Envelope ID: B91B84FD-27DC-4017-8F1C-B372D2375BB6 iii) Proof of payment to the Carmel Street Department for street signs and/ or embedded pavement markers installed or caused to be installed pursuant to this Ordinance; and There are no sign or marking requirements pursuant to this Ordinance at this time. b. Engineering has reviewed each street within the neighborhood to determine whether each street meets the criteria of a Local Street as defined herein; All streets within the jurisdiction of Brookshire North meet the criteria of Local Street as defined by the Ordinance The following streets bound Brookshire North but are not within their jurisdiction and are not considered a “Local Street”: E 126th St E Main St N Gray Rd Per the Ordinance, golf carts may not travel on or cross these roads. This completes the engineering review of Carmel City Code Section 8-43(a)(5). EXHIBIT A (2 of 2) DocuSign Envelope ID: B91B84FD-27DC-4017-8F1C-B372D2375BB6