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Home My WebLink AboutZ-490-06 Michigan Rd. Overlay Sponsor: Councilor Sharp ORDINANCE Z-490-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Amending the Michigan Road Overlay Zone in the Carmel Zoning Ordinance WHEREAS, pursuant to the Advisory Planning Law ofthe State ofIndiana (contained in IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and 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 City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text ofthe zoning ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Cannel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 06020005 OA having received a favorable recommendation from the Cannel Advisory Plan Commission on Tuesday, April 18, 2006, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), as amended, to read as follows: Section I: ZO CHAPTER 23C: US HIGHWAY 421 - MICHIGAN ROAD CORRIDOR OVERLAY a. Amend Section 23C.03: Permitted Uses to read: 23C.03 Permitted Uses. A. c. All uses which are permitted in a given site's underlying primary zoning districts, except those uses expressly excluded in Section 23C.05 Appendix A: Schedule of Uses, are permitted in the Overlay Zone. Retail uses are pennitted; however, it shall not comprise more than seventy-five percent (75%) of a project's gross floor area on parcels in the B-J/Business District located north of 106'h Street. Residential uses are permitted; however, it shall not comprise more than fifty percent (50%) of a project's gross floor area on parcels where residential is not permitted in the underlying zoning district. B. 04/21/2006 Ordinance 2-490-06 I b. Amend Section 23C. 08. 04: Minimum Gross Floor Area to read as follows: 23C.08.04 Minimum Gross Floor Area: Each lot or parcel shall contain at least one principal building with a minimum of two thousand five hundred (2,500) square feet of gross floor area, excluding the floor area of any basement or any accessory buildings. Accessory buildings need not meet the minimum floor area requirement. c. Add Section 23C.08.05: Maximum Gross Floor Area to read as follows: 23C.08.05 Maximum Gross Floor Area: All free-standing commercial buildings located north of 1061h Street shall have a maximum of eighty-five thousand (85,000) square feet of gross floor area, excluding the floor area of any basement or any accessory buildings. Section II: 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 signing by the Mayor. 04/2112006 Ordinance ZA90.06 2 PASSED by the Common Council of the City of Carmel, Indiana this j~day of 'N\~ 2006, by a vote of to ayes and 6 nays. COMMON COUNCIL FOR THE CITY OF CARMEL /~ ~iding { Diana L. Cordray, IAMC, Cle - reasurer K ~ 0, P sei'ST aD. Mayo ~oJ~ Mark Rattermann ~ Diana L. Cordray, IA -t\.. Approved by me, Mayor of the City of Carmel, Indiana, this ~ day of ~ID 2006,at~:IS- .e..M. ATTEST: easurer ff~/~ J~s Brainard, Mayor -IJ Prepared by: John R. Moll r Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE Z-490-06 An Ordinance to Amend Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone of the Zoning Ordinance. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Advisory Plan Commission offers you the following report on the application to the Commission (Docket No. 06020005 OA) to Amend Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone of the Zoning Ordinance of the Zoning Ordinance, in order to modify the development standards. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting on April 18, 2006, the Commission voted eight (8) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z-490-06 with a Favorable Recommendation. Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36-7-4- 607(e)(3), 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 the original Certification (April 19, 2006) is Tuesday, ,July 18, 2006. Od R mona Hancock, Secretary Carmel Advisory Plan Commission Dated: April 19, 2006 Received 2006-0419; %-490-06; Mich Rd Amend PC Certification APR I 9 2006 \, Carmel Ck,k.7rea.f/',..,.