HomeMy WebLinkAboutCC-12-04-03-01 Zoning JoinderSponsor: Council President Snyder
RESOLUTION NO. CC-12-04-03-01
A RESOLUTION OF TIlE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA,
CONCERNING PLANNING AND ZONING JURISDICTION
WHEREAS, since its inception, the Carmel-Clay Plan Commission, has exercised
planning and zoning jurisdiction over the entirety of Clay Township, Hamilton County, Indiana
("Township"); and
WHEREAS, effective January 1, 2004, the joinder which created the Carmel-Clay Plan
Commission will cease to exist; and
WHEREAS, the City of Carmel ("City") is desirous of continuing to exercise planning
and zoning jurisdiction over the unincorporated areas of the Township following December 31,
2003; and
WHEREAS, this continuity in jurisdiction is also important for the preservation of park
impact fees being collected currently and in the future; and
WHEREAS, Indiana law allows a municipal plan commission to exercise jurisdiction
over any contiguous unincorporated area within two (2) miles from the corporate boundaries of
the municipality; and
WHEREAS, Hamilton County has not adopted a comprehensive plan and ordinance
covering the unincorporated area of the Township.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Carmel of Carmel, Indiana, that:
Section One: The Council hereby requests that the members of the Carmel-Clay Plan
Commission act pursuant to Indiana Code 36o7-4-205(c) and file with the
Recorder of Hamilton County, Indiana, a description or map defining the
limits of the area over which they will exercise jurisdiction as of January
1, 2004, to include the unincorporated areas of the Township.
Section Two: The Council hereby requests that after January 1, 2004 the Carmel Plan
Commission ratify the action taken by the Carmel-Clay Plan Commission
pursuant to Section One.
Section Three: The Council herebyrequests that the May°r' the staff °f the Department °f
Community Services, and the City Attorney or the Attorney for the
Carmel-Clay Plan Commission assist in every way to accomplish Sections
One and Two of this Resolution and insure continuity of jurisdiction.
Sponsor: Council President Snyder
Section Four:
The Council, by instructing the Clerk-Treasurer to send a copy of this
Resolution to the President of the Board of Commissioners of Hamilton
County, Indiana, ("County Commissioners"), hereby request the County
Commissioners to appoint two (2) members to represent the
unincorporated area of the Township, pursuant to Indiana Code 36-7-4-
214(a) effective January 1, 2004.
Section Five: This Resolution shall be in full force and effect from the date of passage,
and its publication, as provided by law.
PAS~SED ,by the Common Council/of the City of Carmel, Indiana this ~ day of
~c/~ ,2003, by a vote of & ayes and ~) nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
J~esiding Officer
~ President P~6 Tempore
Robert Battreall
R~nald'"E~. C ar~e~
Kevin Kirby
ATTEST:
Diana L. Cordray, ClerJ~-/T~asurer
Sponsor: Council President Snyder
me to the Mayor of the City of Carmel, Indiana, the ~"day
, 2003, at ¢[~)_. ·
Diana L. Cordray, Clerk-Treas)4r~ er
of
me, the Mayor of the City of Carmel, Indiana this ~
/r~ Appro?ed by day of
~A/vi~O~. ~j ,2003 at ~rf0.~ .m.
Jan)f6s Brainard, Mayor
I~iana L. Cordray~
Prepared By:
Sue A. Beesley
Bingham McHale LLP
10 W. Market Street
Suite 2600
Indianapolis, Indiana 46204