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HomeMy WebLinkAboutCCM-04-13-81Special MINUTES OF THE SPECIAL MEETING OF CITY COUNCIL APRIL 13, 1981 Mayor Reiman called the meeting to order at 7:35 P.M. with Council members Garretson, Fleming, Shepherd, McMullen, Walker, Johnson and Kerr present. Also present was City Attorney, Mike Howard, some members of the Plan Commission and the Clerk-Treasurer. Mrs. Kerr questioned the legality of the meeting stating she did not feel notice had been given in compliance with the sunshine law. Mr. Howard stated he felt the meeting did comply under the rules and exceptions of the sunshine law. Mr. Garretson stated he felt the Council should rely upon the advice of the City Attorney. Mrs. Kerr left the meeting at 7:45 P.M. Mr.Garretson stated the purpose of the meeting was to discuss with the members of the Plan Commission Ordinance D-290 and see if the ordinance couldn't be amended to clear questions of the Plan Commission. Mr. Steve Terry had written a proposed amendment. Mr. Garretson made a motion to amend Ordinance D-290 by striking the entire verbage and inserting in its place the following: "WHEREAS, it is necessary for the CiAty of Carmel to widen Range Line Road and to appropriate right-of-way needed therefor; and WHEREAS, the City of Carmel has been and will be acquiring interests in real estate for that purpose; and WHEREAS, it is not the intention of the City of Carmel by its acquisition of such interests or by its widenina of Range Line Road to cause the use of any real estate, and any buildings, structures or appurtenances thereon to come into violation of the planning and zoning ordinances of the City of Carmel; IT IS THEREFORE ORDAINED by the Common Council of the City of Carmel as follows: In connection with any acquisition by the "City of Carmel in 1978 throuqh 1981 of any interest in land for the purpose of i widening Range Line Road. 1.) It shall not be a violation, and no proceeding shall be brought charging a violation, of the planning~and zoning ordinances of the City of Carmel whenever any presently existinn and conforming uses of such land or such uses of any existing buildings, structures and appurt- enances on such land come into noncompliance with such ordinances solely because of such ordinances solely because of such acquisition. 2.) In addition, whenever such acquisition causes the owner of such land to remove there from any existing and conforming structure, monument, sign, or any other improvement, the owner shall be permitted to relocate the same elsewhere upon such land. Such relocation shall be by December 31, 1981 and in compliance with the planning and zoning ordinances of the City of Carmel to the extent possible. If such relocation cannot be done in compliance with such ordinances, then any violation resultinq solely from such relocation is hereby waived." Motion seconded by Mr. Johnson. Discussion ensued on addressing sign fees within the ordinance so that this was included. Mr. Garretson requested a five minute recess to allow Mr. Howard to draft a paranraph reqarding same. Meeting was recessed at 8:20 and reconvened at 8:25. Mr. Fleming stated he felt the time limit to relocate the signs was too short. Following discussion, Mr. Walker made a motion to change the date to June 30, 1982. Motion seconded by Mr. Garretson and passed unanimously. Mr. Johnson made a motion to add paragraph three as written by Mr. Howard to the amendment. Motion seconded by Mr. Garretson. Discussion was had on some points concerning paragraph three. Vote was taken on the addition of paragraph three and said motion passed unanimously. City Council April 13, 1981 Paqe Two Mr. Garretson made a call for the question on the entire amendment. The amendment was passed unanimously. Mr. Johnson made a motion to change the number of the ordinance from D- 290 to Z-171 to be consistent with zoninq ordinance numbering. Motion seconded by Mr. Garretson and passed unanimously. Mr. Garretson made a motion to resubmit Ordinance Z-171 to the Plan Commission for review and recommendation. Motion seconded by Mr. Walker and passed unanimously. The Clerk-Treasurer stated that she would prepare the Ordinance as amended and Plan Commission member, Ila Badqer stated she would see to it that all members of the Plan Commission received a cnpy. Mrs. Parker, Planninq Director, stated this was on the anenda for the Land Use Committee meetinq April 14th and the Plan Commission meeting on April 21st. There being no further business to come before the meeting, the same was duly adjourned at 9:00 P.M. APPROVED: ATTEST: April 10, 1981 Mr. Jinl Anderson C~nnel Building Commissioner 40 East Main Street Carmel, Indiana 46032 Re: Flood Ordinance Comnlent~ Dear Mr. Anderson: Your discussion yesterday we have enclosed the following comments: l. Change "Flood Protection Grade" definition on p 10 of the Zoning Ordinance to read as follows: "Flood Protection Grade. The elevation of tile lowest floor including basement of a structure." 2. insert a sentence referencing the Flood Insurance Study into Section 22.1 District Boundaries ()n p,l49. ex: 22.1 District Boundaries The boundaries of the flood plain distrAict are hereby established as shows on the Zoning District Map. The flood plain areas within the jurisdiction of this ordinance are hereby divided into three districts: Flood Plain (FP); FloodwaAy (FW); and Floodway Fringe (FF). The basis for these district delineations is a Flood Insurance Study for Carmel dated May 19, 1981, which Flood along with the Boundary and Floodway Maps and Flood Insurance Rate Maps are declared by reference to be a of this ordinance. In the FP, FW, and FF districts, part ....... 3. Section 22.1.2 Floodway District p,l50 Delete the reference to the Natural Resources Commission - should read as follows: "The purpose of the FW district is to regulate land use and development in the areas establish as floodway~. Mr. Jim Anderson Re: Flood Ordinance Comments April 10, 1981 Page 2 4. Section 22.1.3 Floodway Fringe District p. 150 Delete the words "commission floodway" and replace with floodway district". 5. Section 22.1.1 Flood Plain District p. 149 Delete the word "commission" and add the following sentence at the end. "These areas are identified as "Zone A" on the Flood Insurance Rate Maps developed as part of the Flood Insurance Study". 6. Sections 22.2.2 and 22.3.2 Delete the wording "by the lndiana Natural Resources Commission and end the sentence after established. Section 29.4.2 Improvement location Permits add a new subsection (6) as follows: (6) The Building Commissioner during his review of improvement location permits, shall assure that all National Flood Insurance Program regulations pertaining to State and federal permits, subdivision review, rnobile home tie down standards, utility construction, record keeping, watercourse alteration and main tenance and building permit review procedures have ~een met. A copy of these recommended revisions is being forwarded to Ms. Jan Craig in Chicago for her review. There should be no problems. Once these amendments have been incorporated, the following pages of your ordinance should be forwarded to FEMA in Chicago along with a certification are currently legally enforceable in that these pages Carmel. This submission should satisfy the requirements to maintain eligibility in the NFIP and allow the Regular Carmel to convert into Phase of the NFIP. P. Control Ordinance P. 10 16, 22, 23 Subdivision Zoning Ordinance Definitions Section P. 149, 150, 151 Zoning Ordinance Flood Plain District P. 176 Zoning Ordinance Non-Conforming Use P. 179, 1801 181 Zoning Ordinance Building Commissioner P. 186 Zoning Ordinanc~ Section 3().6 Variances Mr. Jim Anderson Re: Flood Ordinance Comments April 10, 1981 Page 3 If we can be of any future assistance, please feel free to contact Bill Trakimas or myself at #317-232-4160. Sincerely y~urs, Gordon R. Lance, P.E. Flood Insurance Coordinator State of Indiana GRL/WLT:mm cc: Ms. Jan Craig I&M/FEMA 1 North Dearborn Ch~cago, Ill. 60602 ~,.S' CITY OF CARMEL JAMES ANDERSON EIUILC~ING COMMISSIONER 40 EAST MAIN STREET Jane A. Reiman, Mayor CARMEL. INDIANA 46032 H44-6433 MEMO TO: CITY COUNCIL DATE: APRIL 15, 1981 FROM: JAMES ANDERSON BUILDING C02~MISSIONER Amendment to Ordinance Z160 requested by Federal Emergency Management Agency, Washington, D.C. in respect to Flood Plain Districts for Carmel. A Building Commissioner JA/mj