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