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Home My WebLink AboutZ-370-02 Amend ROW/Sidewalk Ord.Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-370-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, TO AMEND THE REQUIRED RIGHT-OF-WAY DEDICATION FOR SUBDIVISIONS TO CONFORM TO THE THOROUGHFARE PLAN; AND TO AMEND THE SIDEWALK ORDINANCE TO CONFORM TO THE ALTERNATIVE TRANSPORTATION PLAN ASPECT OF THE THOROUGHFARE PLAN WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by establishing standards under which rights-of-way are dedicated at the time of subdivision of a parcel or parcels of real property, and by thereby providing for the future of automotive and alternative transportation that preserves and promotes quality of life for new and existing residents; and WHEREAS, the Common Council further finds that the changing character of transportation needs within the community necessitate an appropriate and extensive system of sidewalks and multi- use paths; and WHEREAS, the Carmel/Clay Plan Commission has duly approved and recommended to the Common Council the following amendments to the Subdivision Control Ordinance for the City and Township that will update the Ordinance and various procedures and penalties therein, pursuant to the Advisory Planning Law of the State of Indiana as well as the 2020 Vision Comprehensive Plan, such plan having been duly approved by resolution of the Common Council on September 24, 1996, and remaining in effect as the official Comprehensive Plan of the City of Carmel and Clay Township; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: that pursuant to IC 36-7-4-600 et seq. and IC 36-7-4-700 et seq., it adopts this Ordinance as an amendment to the Carmel/Clay Subdivision Control Ordinance, No. Z-160, as amended (the "Subdivision Regulations"), and amends and adds certain provisions to the ordinance as follows: Section I: a. Amend Section 6.3.6 to read: 6.3.6 Minimum rights-of-way and roadway widths for streets shall conform to the as amended Carmel/Clay Thoroughfare Plan, ~, ~+:mq~ho~a~ 100 44 sac 50 ~ Amend Section 8.9: Sidewalks to read as follows: S ........... Alternative Transportation. 8.9 8.9.1 The installation of five-foot (5') sidewalks in all Subdivisions within the entire jurisdictional area of the Commission shall be mandatory, said sidewalks being installed on both sides of the street in front of the he, usc Principal Building in accordance with the current standards of the City of Carmel. 8.9.2 This includes sidewalks on existing roads within and bordering a Subdivision. However, whenever the Subdivision borders an existing or proposed road that is classified in the Thoroughfare Plan as a collector, parkway, secc, nda.9' 2 ....... , or maD arterial, the subdivider shall install ~ ~ a path consistent with the Thoroughfare Plan instead of a sidewalk along such road. Section Ih 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 silting by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this /(~-P~day of )~ O. t"(~') 2002, by a vote of ~ ayes and (~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL E ~n-g Officer Wayne Wtlson, President P o e po ATTEST: Di~a L. Cor&ay, ~, Clerk}Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this . .. 2002, at er0 ~ ~Q.M. /r~day o fL~& Di~tna L. Cordray, IAMC, ~reasurer Approved by me, Mayor of the City of Carmel, Indiana, this /~ day 2002, at ~J-~)~' ~M. e~ Brained, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-TreaSurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney One Civic Square Carmel, IN 46032 4 CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO AMEND THE CARMEL/CLAY SUBDIVISION CONTROL ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-370-02 The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application (Docket No. 132-01 OA) of the City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to amend Sections 6.3.6 and 8.9: Sidewalks of the Carmel/Clay Subdivision Control Ordinance: The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting of January 15, 2002, the Carmel/Clay Plan Commission voted twelve (12) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 370-02 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to lC 36-7-4- 607(e), 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 this Certification is Tuesday, April 16, 2002. ATTI~T: RY~nona H~ncock; Secretary Carmel/Clay Plan Commission Dated: January 16, 2002 CARMEL/CLAY PLAN COMMISSION Mariiyfl ~ndel~o~n, President' '/~ RECEIVED CARMEL CLERK TREASURER Form Prescribed by State Board of Accounts Government Unil/ To: General Form No. 99P (Revised 2002) The Daihj Ledger Dr. Hamilton County, Indiana Nol~lesville. Indiana 46060 PUBLISHER'S CLAIM LINE COUNT 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 advertisment is set) -- number of equivalent lines ........................ Head -- number of lines ............................................. Body -- number of lines. ............................................ Tail -- number oi' lines .............................................. Total number of lines in notice .................................... COMPUTATION OF CHARGES .~,~lines, .~_.__columns wide equals ,~" equivalent lines at l .9.7/.~ cents per line ......................................... $ Additional charge for notices containing rule or tabnlar 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 7 ,~ ems Number of insertions Size of type (ff~ point Pursuant to the provisions and penalties of Chapter 155. Acts 1953, Date %~'~/7. ~P~-~ / I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same has been paid. Title: General Manage~ 2Z2o PUBLISHER'S AFFIDAVIT State of Indiana ss: Hamilton County Personally appeared before me, a notary public in and for said county and state, the undersigned Thomas H. Jekel who, being duly sworn, says that he is General Manager of The Daily Ledger a daily newspaper of general circulation printed and published in the English language in the town of Fishers in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper lbr { time , the date of pub- lication being as follows: o LEGAL ADVERTISING TABLE SH~O~WI~ NG PRICE PER LINE AND PER INSERTION 7.4 Em Column Type Size 5.5 6 6.5 7 7.5 8 9 10 12 Rate/Square Number of Insertions 0.301 0.450 0.602 0.751 0.276 0.414 0.551 0.688 0.255 0.381 0.509 0.635 0.237 0.354 0.472 0.590 0.222 0.331 0.441 0.550 0.208 0.310 0.414 0.517 0. 185 0.275 0.367 0.459 0.166 0.248 0.331 0.413 0. 139 0.207 0.276 0.344 4.67 6.98 9.31 11.62