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Home My WebLink AboutZ-323 US 31 Overlay Zone Spec.Ordinance No. Z-323 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA APPROVING AN AMENDMENT TO THE ZONING ORDINANCE WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") provides that retail and other commercial uses shall only be considered in the U.S. Highway 31 corridor as an ancillary use to the office development and any free-standing retail and commercial uses should be located away from the frontage of the roadway; and WHEREAS, under I.C. 36-7-4-1401.5, the Carmel-Clay Plan Commission (the "Commission") must approve or disapprove a development plan for real property within the U.S. Highway 31 Overlay Zone (the "Ove~ay Zone") created under Section 23B of the Carmel-Clay Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, under I.C. 36-7-4-1405, the Commission is required to review any development plan submitted under the Zoning Ordinance to determine if the development plan is consistent with the Comprehensive Plan; and WHEREAS, on August 4, 1997, the Common Council passed Resolution No CC- 08-04-97-01 resolving that the Commission prepare a proposed amendment to Sections 23B.2 and 23B.5 of the Zoning Ordinance which sections relate to the above referenced matters; and WHEREAS, on August 19, 1997, the Commission unanimously recommended adoption of the proposed amendment; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel that the amendments to Zoning Ordinance Sections 23B.2 "Plan Commission Approval" and 23B.5 "Excluded Uses" prepared by the Carmel-Clay Plan Commission are hereby approved and the referenced Sections are hereby amended to read as follows: 23B.2 Plan Commission Approval The Plan Commission musts~h~a!l approve or disapprove the development plan (DP) for any proposed improvement in the U.S. Highway 31 Overlay Zone, excepting additions to existing residential structures which are (1) attached to the existing residence, (2) follow a similar architectural design, (3) do not exceed forty percent (40%) of the existing structure, and (4) meet with requirements of the underlying primary zoning district. A development plan (DP) approval or disapproval requires a public heating. Plan Commission approval of the architectural design, landscaping, parking, signage, lighting and access to the property (ADLS) shall be necessary prior to: (1) the establishment of any use of land; (2) the issuance of any Improvement Location Permit; (3) the erection, reconstruction or structural alteration of any building(s) in the U.S. Highway 31 Overlay Zone; or (4) any changes in any site improvements. The Plan Commission, in reviewing DP applications (see Sections 23B.9 through 23B.13 for ADLS review factors), shall examine factors concerning the site, site plan and the surrounding area, which include but are not limited to the following items: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (18) Topography; Zoning on site; Surrounding zoning and existing land use; Streets, curbs and gutters and sidewalks; Access to public street; Driveway and curb cut location in relation to other sites; General vehicular and pedestrian traffic; Parking facilities and intemal site circulation; Special and general easements for public or private use; On-site and off-site surface and subsurface storm and water drainage including drainage calculations; On-site and off-site utilities; The means and impact of sanitary sewage disposal and water supply techniques; Dedication of streets and rights-of-way; Provision for adequate and acceptable setbacks, screening, and compatibility with existing platted residential uses; Storage area; Protective restrictions and/or covenants; Effects any proposed project may have on the entire Overlay Zone; and Any other factors the Commission dooms necessary. Consistency with the policies for the Overlay Zone, which policies are set forth in the Comprehensive Plan. 23B.5 Excluded Uses Auction room; Automobile or mobile home sales; Automobile service station; Automobile or truck repair; Auto parts and tire center; Billiard parlor; Boarding or lodging house; Boat sales; Bowling alley; Camivals, fairs, circuses, etc.; Car wash; Cemetery; Cold storage locker; Commercial warehouse storage; Farm implement sales; Fuel or ice sales; Grain elevator; Helicopter or other aircraft landing facilities; Industrial uses-heavy; Junk and/or salvage yard; Kennel; Laundry or dry cleaning plant; Lumber or building materials sales or storage; Machinery and equipment sales and services; Mineral extraction, borrow pit, etc.; Mobile home court; Mobile home, temporary uses; Motor bus or railroad passenger station; Outdoor theater; Photo pick-up station; Race track; Radio or television transmission tower; Raising and breeding of non-farm fowl and animals; Recreational vehicle sales; Retail uses constituting more than 15% of the proposed square footage in any development plan (DP); Riding stable; Roadside sales stand; Sanitary landfill/refuse dump; Sheet metal shop; Transportation facilities related to industry; Veterinary hospital with kennel; Welding shop. PASSED by the Common Council of the City of Carmel, Indiana this of_~5';/9t~.'7, [~e;~ , 1997 by a vote of %/ayes and ~ nays. day ATT. ~~ Diana L. Cordray, Clerk-TrUer Prese d y me to the Mayor of the City of Cannel, Indiana on the/~) of ~* , 1997. / '~iy, Clet~k- Diana L. Cordr asurer day Approved by me, Mayor of the City of Cannel, Indiana, this/~24 day of ~'~/~,~il g~-' ~ 19 9 7. /~aesa"f~3rainard, Mayot/~~lr~ Diana L. Cordray, Cler~-Tre~~er Form Prescribed by State Board of Accounts ,'//c-~__t County, Indiana General Form' No. 99P (Revised 1997) · o: LINE COUNT PUBLISHER'S CLAIM Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of type in which the body of the advertisement is set) -- number of equivalent lines ............. Head -- number of lines ...... ........................... Body -- number of lines .................................. Taft -- number of lines .................................. Total number of lines in notice ............ : .............. COMPUTATION OF CHARGES at o 2J ~ cents per line ................................... $ Additional charge for notices containing rule or tabular work (50 percent of above amount) ............................... Charge for extra proofs of publication ($1.00 for each proof in excess of two) ........................................ TOTAL AMOUNT OF CLAIM ........................... $ DATA FOR COMPUTING COST Width of single column X Number of insertions { Size of type d:2 point ems Pursuant to the provisions and penalties of Chapter 155, Acts 1953, I hereby certify that the foregoing account is Just and correct, that the amount claimed ': NOTICE TO"~AXPAYER8' ;.' CARMEL, INDIANA NOTICE OF PUBUC HEARING Notice Is herebit given to the taxpayers of the City of Carme1. Hamilton County, Indiana, that the proper legal officers of the City of Carreel at their regular meeting place at Carreel City Hall, One Civic Square, Council Chambers at 7 p.nt on the 2nd day ot September 1997, will have a public haarlng on a propose ts~t amendmeN to the Carreel-Clay Zoning Ordinance regarding the US 31 (:)vetby Zone. Taxpayers appearing at the meeting shall hm~s a right. to be · I{sard. ' Diana L. Coldray,' ,; ' · Clerk-Treasure .: August 20, 71997.. ' Nnl -Au,. ~ State of Indiana SS: Hamilton County PUBLISHER'S AFFIDAVIT Personally appeared before me, a notary public in and for said county and state, the undersigned David A. Lewis who, being duly sworn, says that he is Publisher of The Daily Ledger a daily newspaper of general circulation print- ed and published in the English language in the town of Fishers in state and which was duly published in said paper for the dates of pub- lication being as follows: 2_7/Iq . d.,dyfid ., Subscribed and sworn to before me this ,~,~ day of/Tz~.2) Not~ ~b~c Resident of/~~, '/A~ Coun~ CERTIFICATION OF PLAN COMMISSION' S RECOMMENDATION ON AMENDMENT TO THE ZONING ORDINANCE SECTIONS 23B.2 "PLAN COMMISSION APPROVAL" AND 23B.5 "EXCLUDED USES" RELATING TO THE U.S. 31 OVERLAY ZONE PURSUANT TO INDIANA CODE 36-74-605 The Honorable Common Council Of the City of Cannel Hamilton County, Indiana Dear Members: The Carreel/Clay Plan Commission offers you the following report on the proposed amendment to the Zoning Ordinance Sections 23B.2 and 23B.5 of the Cannel/Clay Zoning Ordinance relating to the U.S. 31 Overlay Zone, as per the attached Resolution. At its regularly scheduled meting held August 19, 1997, the Camel/Clay Plan Commission APPROVED the Zoning Ordinance Amendment relating to the U.S. 31 Overlay Zone, presented to the Plan Commission as Docket No. 60-97 O.A., by a unanimous vote of 14-0. CARMEL/CLAY PLAN COMMISSION BY: ~d(~~ , AU6 2 0 199/