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Home My WebLink AboutZ-475-05 Density for ROSO Sponsor(s): Councilor Rattermann ORDINANCE NO. Z-475-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ,,tn Ordinance amending S-1/Residence base density fi>r R OSO subdivisions in the Carmel Subdivision Control Ordinance and amending Planned Unit Development District locations in the Carmel Zoning Ordinance. WHEREAS, pursuant to the Advisor), 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 9rdinances must first app/'ove by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the 2020 Vision Comprehensive Plain (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisor}, Plan Commission on August 20, 1996, mid duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and ' 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 adopting consistent density and open space requiremems; 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 lndiana Code 36-7-4-701 the Common Council is attthorized to amend the text of the Subdivision Control. Ordinance; and WHEREAS, pursuant to Indiana Code 36-%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 C6de; 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 36-7-4-700 et'seq, and after Docket' No. 05010007 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, March 1, 2005, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended) and the Carmel Subdivision. Control Ordinance (Ordinance No. Z-160), as amended, to read as follows: · Section I: Amend Subdivision Control Ordinance Section 7. 0l: Subdivision Base Density to read as follows: Ordinance No. Z-475-05 I February 25, 2005 7.01 Subdivision Base Density. The base density permitted for new subdivisions is set forth below. The percentages in the following table refer to the percentage ora sabdivision's gross site acreage which must be devoted to open spa~:e as defined in this Chapter: RESIDENCE STANDARD BASE DENSITY DISTRICT OPEN SPACE FOR QUALIFYING (PER ZONING REQUIREMENT SUBDIVISION ORDINANCE) (SOSR) (Lots/Acre) S- 1 Residential Estate 15% 1.0 S-I V. ery Low Intensity 15% 1.0 S-1 Low Intensity 15% 1.0 S-2 20% 2.4 R-I 20% 2.9 '- R-2 20% 3.9 R-3 25% 5.0 R~4 25% 8.0 R-5 25% 12.0 Amend Zoning Ordinance Section 31.06. 04: ?roposals to Adopt or Amend Planned Unit Development District Ordinances to read as follows: 31.06.04 Proposals to Adopt or Amend Planned Unit Development District Ordinances. The followi.ng procedure applies to a proposal to adopt or amend a PUD District Ordinance: /. Proposals for a PUD District Ordinance shall only be considered on property located within the boundaries of Carmel/Clay Township, Homilton County, Indiana~ 2.. The p~'oposal must be initiated by a petition signed by property owners who own all of the land to be included inthe Planned Unit Development District. 3. The petitioners shall prepare the proposal so that it is consistent with the definition of a PUD District Ordinance provided in Section 31.06.01 above. 4. The proposal may provide that any development requirements (other than permitted uses) that are specified in the PUD District Ordinance may be modified by a hearing examiner .or committee designated by the Commission, after a public hearing held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing examiner or committee which approves or denies any requested modification may be appealed by the Director or any interested party to the Commission, also in accordance with the Commission's Rules of Procedure. 5. in considering the proposal, both the Commission and the Council shall p~.y r~asonable rega~'d to: i. the Compi'ehensive Plan; ii. -current conditions and the character of current structures and uses in each district; Ordim'mce No. Z-475-05 2 Februa~ 25, 2005 11. 12. iii. the' most desirable use for which the land in each district is adapted; iv. 'the conservation of property values throughout the City and the Township, and v. responsible development and growth. The Commission shall give notice and hold a public hearing on file proposal in accofdance with its Rules of Procedure. Whenever the Commission deems it advisable in'regard to the matters contained in Subparagraph (3) or (4) above, 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 requiring a Commitmedt, the Commission does not become obligated to recommend or not recommend the adoption of t. he proposal. 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 rect?mmendation, or no recommendation from the Commission. The Council shall vote on tile Ibroposal Within ainety (90) days after the Commission certifies the proposal. The Council's consideration of the proposal is governed by IC 36- 7-4-608 and lC 36-7~4-1512. 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 ora 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 t6 make the Commitment rhpre stringent, no further action of the Commission is required for the modified Commitment to be effective; ho~4ever, .if the effect of such a ~odification is to make the Commitment [ess stringent, then the modified Commitment must be ratified by the Commission to be effective. A Commitmeht made or modified under this provision is subject to the rules.prescribed for Commitments by Section 31.06.05. If the proposal is fidopted, 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 c~f the parcel as a Planned Unit Development District. Unless the proposal provide~ for a. later effective date, the PUD District Ordinance takes effect when the proposal is duly adopted. Section II: All prior'Ordinances or parts thereof inconsistent Yvith 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. Ordinance No. Z-475-05 PASSED by the Common Council of the City of Carmel, Indiana this ~+b. day of ~,('~ot, c~0~ ' ,2005, by a vote of ~--'" ayes and nays. Ordinance No. Z-475-05 February 25, 2005 COMMON COUNCIL FOR THE CITY OF CARMEL Ronald E. Carter, At-Large Ke(4n,Kirl:~, ~w~}rtCCt ProlT~mpore Brian Mayo. District 3 Fre'd/GlaseT, ~ ~'~/ ~ Mark Rattermann, At-Large .~e ~.ri , 4//// ~ Rick Sharp, District 1 ATTEST: Diana L. urer Ordinance No. Z-475-0~Presented by me to the Mayor of the City of' Carmel, Indiana this q "d,- day of~_.~__, 2005, at(v: .-?,S- ¢ .M. Dian easurer Ordinance No. Z-475-05 Approved by me, Mayor of the City of Carmel, Indiana, this rlq'~' dayofV('~O0xcSK- ,2005, atlo:3s-' [9.M. Ja~ Brainard, Mayor ATTEST: Carmel ?lan Commission Attorney One Civic Square Carmel, IN 46032 Ordinance No. Z-475-05 4 FebruaD' 25, 2005 Ordinance No. Z-475-05 NOTICE TO TAXPAYERS CARMEL, INDIANA NOTICE OF PUBLIC HEARING TO AMEND THE CARMEL/CLAY ZONING ORDINANCE Z-475-05 Notice is hereby given to the taxpayers of the City of Carmel and Clay Township, Hamilton County, Indiana, that the proper legal officers of the City of Carmel will meet at their regular meeting place, Council Chambers, Carmel City Hall, One Civic Sqnare, Carmel, IN 46032, at 7:00 p.m. on Monday, the 7th day of March, 2005, to consider the following: Petitioa to Amend Chapter 7.01 of the Subdivision Control Ordinance, regarding base density for a ROSO subdivision, and Amend Chapter 31.06.04 of the Carmel/Clay Zoning Ordinance, to allow Planned Unit Developments west of Spring Mill Road. Filed by the City of Carmel Department of Community Services and identified as Carmel Advisory Plan Commission Docket No. 05010007 OA. Taxpayers appearing at the meeting shall have the right to be heard. Diana L. Cordray, Clerk-Treasurer February 23, 2005 2005-0209; Z-475-05; Council Notice