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HomeMy WebLinkAboutPacket City Council 3-18-01 u u u CARMEL CITY COUNCIL March 18,2001 4. Z-374-02, Old Town Overlay Zone \PC Docket No. 96-01i(T~xiJ Amendment) '----- .~---~-_.__...._-,..'__.,-..'--,-._-.-.. ...-' Petitioner seeks adoption of an ordinance for the establishment of the Old Town Overlay District. The area affected is commonly known as Old Town. Filed by the Department of Community Services for the Old Town Task Force. The Cannel/Clay Plan Commission forwards this ordinance to the Common Council with a unanimous (10-0) Favorable Recommendation (see enclosed certification). The Department recommends that this item be forwarded to the Annexation and Land Use Committee for review and that the Council adopt the Ordinance upon receiving a recommendation from the committee. Another Ordinance regarding this area will be submitted to the Council at the April 1, 2002 meeting. It could be acted upon at the same time as this ordinance. Summary of (;han~es made hy the Plan (;ommission~ I Amended to exclude the properties located at the southeast and southwest comers of Smokey Row Road and Range Line Road II.A Added a sentence that states areas zoned C-2 shall be governed by the provisions of the C-2 district rather than the Overlay Zone n.B.3 Accessory buildings added to a non-contributing building do not have to be built with characteristics of contributing buildings rn.A.l.d Allows reductions of the roof pitch by 5% where no reduction of the roof pitch was previously allowed m.A.1.e.i Allows for attached and detached garages where detached garages were previously prohibited (same change made in Section ill.B.1.e) m.A.2.c.iii Allows for the use of materials other than those originally used on the structure as long as the material used simulates the look, details, and dimensions ofthe original m.B.l1.i Prohibits display of merchandise within the street right-of-way, sidewalk or front setback of the building in the Main Street Sub-Area -Next Page- Council Report 2002-3-8.rtf U Brief description and hackground information: The Plan Commission Public Hearing for this item was held in November 2001. The Special Studies Committee reviewed the item at the December 4th meeting and continued it to the January 8th and February 5th meeting dates. The Plan Commission forwarded its recommendation to the Common Council on February 19t 2002. u Recognizing the unique character of Old Town Carmelt the proposed Old Town Overlay Zone was developed to provide for consistent and coordinated treatment of the properties in that area (see map of area). These areas include the Historic Rangeline Road sub-areat Main Street sub-area and character sub-areas that are primarily residential in use and character. The ordinance has been crafted in order to establish basic standards to promote the characteristics found in the existing structurest landscaping, and other improvements that make Old Town unique. This is the overarching focu~. If it were not believed that the quality and character of this area was worth protecting, then there would be no need to have spent the time, money and effort involved in the preparation of the plan. Today is only the beginning of the process. After review and improvement by the Plan Commission, the plan will be forwarded to the City Council for ultimate review and action. The Department and Task Force have embarked on this process in order to protect and enhance this area of the community. The plan now rests in the hands of the Plan Commission in order to determine if the standards set forth are adequate and appropriate to serve the community and where there are deficiencies to suggest improvement. The basic tenets of the Overlay are consistent with policies and guidelines adopted in the 2020 Vision Plan, the Comprehensive Plan for Carmel and Clay Township. Similar modifications to the ordinance have been made within the older parts of the community including the City Center Zones and Old Meridian Zone. These efforts, as evidenced by their recent positive results, have brought predictability and stability to the areas fostering quality investment in the community. Likewise, the overlay is a concept not new to Carmel as evidenced by the US 31, US 431, and Michigan Road Corridor Overlays. All of the overlays are uniquely suited to the subject areas but all strive to serve the purpose of enhancing the quality and character of the built environment in the community. The proposed Old Town Overlay Zone seeks to accomplish the following: * Foster rehabilitation and development in Old Town * Increase property values in Old Town * Protect real estate investment in Old Town * Retain Old Town neighborhood vitality * Spur commercial activity in Old Town * Attract new businesses to Old Town u Where the Overlay does not change the underlying zoning it establishes standards for a more consistent approach to the design of the areas. Please see the Task Force Summary included in your packets for a more detailed description of this process and the issues that arose. Focus should be given to the supporting materials, specifically the current vs. proposed zoning comparison and buildable area comparison. This may serve as a starting point for Council Report 2002-3-8.rtf u discussion relating to how the proposed plan will direct future improvements on individual properties. Comments / concerns raised at the public hearing included but are not limited to the following: 1. What the impact will be on existing, legal, non-conforming uses and structures 2. Statement that Carmel cannot change requirements without owners consent 3. Concern that property value will decline 4. Unreasonable parking regulations 5. Concern about roof standards, additions to buildings, detached garages 6. Concern that only one person, Director, would review 7. Perception that this was effort to establish covenants for neighborhood. u u Council Report 2002-3-8.rtf OLD TOWN TASK FORCE U Summary of Public Comments and Task Force Actions Following is a list of issues raised by the public regarding the Old Town Task Force and the proposed Old Town District Overlay Zone. The Task Force action taken is shown as well. Issue 1: Lack of Public Input A public hearing was held in February, with 30-40 people in attendance. Another public hearing was held in June with about 100 people in attendance. Those present commented that they were unaware of the meeting and did not have a chance to participate. Task Force Response: The Task Force held 3 additional public meetings to allow the public to comment. These meetings were held specifically to address public questions and concerns. The Task Force discussed all comments received at these meetings. Issue 2: Concern about Accidental Loss (Le. fire. tornado) u The public was concerned that they would be forced to build an entirely different building that would not be covered by insurance if an accident were to happen. Task Force Response: The Task Force added the following section: III.B.5 Where a building has been demolished due to fire or other accident or disaster that is customarily covered by insurance, the owner may reconstruct the property in accordance with these guidelines, or, in substantially the same design as existed prior to the accident. Issue 3: ParkinQ Restrictions The public was concerned that restricting parking from the front yard would result. in harm to their businesses as many Range Line Road businesses are on corner lots and therefore currently would have multiple front yards. Task Force Response: The Task Force redefined the front yard as: IV.A.2 .. .For a non-residential use, the front yard shall be Range Line Road (if the property is located on Range Line Road) or the street with the greatest traffic. u It should be noted that the proposed Overlay District provides other allowances to enhance the parking options of businesses located on Range Line Road. For example, Section IV.A.8.c provides for the following: u Parking spaces required to be provided under the zoning ordinance may be reduced by up to 50% in order to accommodate difficult site conditions such as limited access and small/ots. This provision allows some leniency in determining the required parking while the current ordinance requires a definite number of spaces and is often difficult to accommodate on many of the Old Town lots. Issue 4: Too Much Reoulation The public has complained that there are "enough rules" already. Task Force Response: While the Task Force understands that this does add greater regulation to the area, the proposed Overlay District provides, in many cases, greater flexibility than the current zoning. The proposal will eliminate the need for the many variances almost required under current zoning provisions. It puts in place standards that take into account the unique configuration of lots and siting of buildings. Issue 5: Decrease in Property Value The public has commented that the proposed Overlay District will decrease the U value of their property because of the additional regulations. Task Force Reponse: The Task Force fully believes the proposed Overlay District is needed to protect property values in Old Town. They have gathered information about this topic from other communities in support of this viewpoint. Issue 6: Commercial and Residential Properties are Included in the Same Sub- District The public has commented that commercial properties should not be included in the same sub-district as residential properties. Task Force Response: The Task Force acknowledges that the Character Sub- District includes both residential and commercial property but contends that the guidelines of that district are applicable regardless of the use because they are general and address such things as building mass, setbacks, and building materials which are applicable to both uses. The Task Force asked the public repeatedly what provisions of the Character District would not work for commercial properties. Those present had no answer to this question. Therefore, the Task Force could not find any rationale for creating another district for those businesses within the Character District. u u Buildable Area Comparison The following diagrams depict typical lots within various districts of Old Town. Two identical lots are drawn on each page. On one lot the current zoning standards are applied. On the other lot the proposed Old Town Overlay zoning standards are applied. The buildable area is hatched in each lot. In every district, the provisions of the proposed Overlay Zone provide an increase in buildable lot area. u u u u -- ~ \\ ~ '" u ~5"/ /~I r~Ar Srf1-6Aek- I.~~ ~"\~.l ,,,," ~~; "."\.. \ . I 't-~~ '~J~.! ~ ,"J ~ ' ... ~ '. I.. " ~ ~. "'''.1 '--' ! ~ I ~ : ~ i , I \\ I, ~ j ,,~~ l.' ,,'" ~~. . i ~ ~ i r--~---~" . 1 -.-.----: i /5"" 4-e'nr St!"IAr:te~ I ,I I I 1 ~!J/ ':1 ~ ~~ ~ ~ ~~ ~:s ~ \\~ ~ 1 ~ \o(~. ~ ~." ~ ~ J:-\: "- ~ ~ ~ ~ ~. ~ I~ ~ .~~ ~ ~ 'I-,~ ~ ~.1> ~ ~ ~ ~ ~ :.... ~ ~..~ ~ '" ~ ~~. ~...... '" ~- \I (\' h ,.~ I I . 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I~ ,~ ~ :\ u "'- '(~ ~ " ~o~ u ~1 . ......... ~ ~. ~~ ~ I~ ~ ~ ~ ~.. ;s. ........ ~It ~ ~ t $iS \\ ~ ~ , ~ 'J "'\ \\ "- ~~ ~~ \J) l\~~ ~~ ~ ~~ ~~ ~~ ~~ f", 1/' OLD TOWN ZONING COMPARISON " ~...; Front Yard. ,'"c. '\. ,,. ,: '';, .'.^i!"' '.. " ',', \ ," ~ < <~ \<."' -:' ~ r ,'" .~, . -~. ,ShleY~ '< . , ~.SideXanl ;',' .', . ... f- '. ;~J "-Vaml, ',' " ;,.~. -., " ~'Lot c.~Y~e . '" ~ ,,' '<" - , ."("-.1,.,.." ;'" ~. .;" 1\ J <' . ~_Lot ~tIt,:', ,. .- ,t" .. ....ndQIg U"Igh' " . .~Duu .. .." ..),"-,,".". ",.,', j ,., " "e t" '.. ,. ".' . .. ..,.j:" .'\,. .., :1( "71);" ,I> . "\. " '. ReqUifedAtnouot ofParldDg-, '.i; ,,' , ~ OJ. . ""',,; ,'':co' " I,"'" ~ 'N' .... , ." . ....:JIt."....,.~~~~i.~), ..:. < :-:r....'" .. , .". ",~., .. 'f"; ~ -; :.-:" ,'..... . .j~.. -\ 20 feet min. for all residential uses 15 feet min. for all office uses 5 feet min. for all uses , , 15 feet min. for all uses " 20 feet min. for all residential uses 15 feet min. for all office uSes 35% for single and two family dwelling 40% for multi-family 75% for all other uses 80 feet for single-family dwelling, 100 feet for all other uses 35 feet max, for residential uses 45 feet max. for office uses. 'l' j.' .~, , Per Parking Regs. 1 per 2.5 seats plus 1 per employee for largest shift for restaurants 1 per 300 sq. ft.tloor area for most retail uses ' C==:J CURRENT ZONING c==J PROPOSED ZONING ~\ ~ 5 feet min. 15 feet min. 20 feet min. for residential uses 15, feet min. for all other uses 35% for all uses 60 feet, 25 feet max. Per Parking Regs. 1 per 2.5 seats plus 1 per employee for Iargest shift for restaurants ' 1 per 300 sq. ft. tloor area for most retail uses ' '. Existing Lot Dimensions as originally platted are acceptable New buildings must follow the dominant or average setback of existing buildings on the same block and on the same side of the street, with a variation of 3 feet allowed. 5 feet No minimum aggregate 5 feet 45% for single family uses 70% for all other uses 50 feet for single family 60 feet for all other uses For contributing buildings- additions to the existing building may not exceed the height of the tallest dimension of the nearest contributing buildings by more than 7 feet. For new buildings-13 feet minimum and 30 feet maximum height Per Parking Regs. May be reduced up to 50% to accommodate difficult site conditions such as limited access and small lots. .:'..' I" ......, :0"' .;'O'i . ;,.," , (PiiIwil) onMaJn.S....&$. Raag~~.....~):.". '" 15 feet miD. 5 feet min. for residential use 5 feet min. for business use on comer lot or adjacent to residential o feet for other businesses If 5 feet side yard required then 10 feet All other 11SeS-'-Done 20 feet miD. for residential uses 15 feet min. for all other uses 35% for single and two family dwelling . 40% for multi-family' ,900/0 for all other uses 50 feet 45 feet max. Per Parking Regs. 1 per 2.5 seats plus 1 per employee for largest shift for restaurantS 1 per 300 sq. ft. floor area for most ' retail uses Existing Lot Dimensions as originally platted are I acceptable New buildings must follow the dominant or average setback of existing buildings on,the same block and on the same side of the street, with a variation of 3 feet allowed. 5 feet No minimum aggregate 5 feet 45% for single family uses 70% for all other uses 50 feet for single family I 60 feet for all other u~es For contributing buildings- I additions may not be taller than the existing building. . For new buildings-13 feet minimum and 30 feet maximum height. Per Parking Regs. I May be reduced up to.50% to accommodate difficult site conditions such as limited access and small lots. I <~"" " " ,,,""0. r ,~ '. ,;. .- ..;" . " The buildings must sit on the front property line except for minor recesses for entrances and outdoor seating! dining No minimum side setbacks None None None None Max; 00 stories Ratio of I space per 1200 sq. ft. of gross building area. Iftotallot area is less than 3000 sq. ft., the owner is exempt from parking requirements. .. u u u Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-374-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting Chapter 23D: Old Town District Overlay Zone of the Carmel/Clay Zoning Ordinance WHEREAS, the Common Council fmds 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 the Old Town District Overlay Zone in order to preserve and promote the quality of life for new and existing residents; and WHEREAS, the Carmel/Clay Plan Commission has duly approved and recommended to the Common Council the following amendments to the Zoning Ordinance for the City and Township that will update the Ordinance procedures 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 Zoning Ordinance, No. Z-160, as amended (the "Ordinance"), and amends and adds certain provisions to the ordinance as follows: Section I: CARMEUCLA Y ZONING ORDINANCE CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE 23D.0 Old Town District Overlav Zone. 23D.0.l Purpose and Intent. It is the purpose of the Old Town District (referred to in this Chapter 23D as the "Districf') to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties in the designated Old Town District in Clay Township, Hamilton County, Indiana. The Commission and Council, in establishing this overlay zone, are relying on IC 36-7-4-600 et seq. and IC 36-7-4-1400 et seq. The Overlay Zone establishes regulations in addition to the zoning. In the case of conflicts between this Overlay Zone District Ordinance and the Zoning Code, the provisions of this Ordinance will prevail. Ordinance No. Z-374-02 p.l <!: Old Town is an important historical commercial and residential area to the City of Carmel and Clay Township. In order to protect this important area, this Overlay Zone has been developed to provide for consistent and coordinated treatment of the properties in Old Town by establishing basic standards for structures, landscaping and other improvements. o Further, this Overlay Zone seeks to: * * * * * * -- Foster rehabilitation and development in Old Town Increase property values in Old Town Protect real estate investment in Old Town Retain Old Town neighborhood vitality Spur commercial activity in Old Town Attract new businesses to Old Town. Within the Old Town District there are different parts and characteristics, therefore, the district is divided into three Sub-Areas: a Character Sub-Area, a Historic Range Line Road Sub-Area, and Main Street Sub-Area. Each Sub-Area will have separate guidelines that apply to it. 23D.l Old Town District Boundaries. Beginning at the intersection of the centerline of West Smokey Row Road (East 136th Street) and the Monon Greenway; thence east to the alley between 151 Avenue Northwest and North Range Line Road; thence south to the south property line of the property located at the southwest comer of West Smokey Row Road and North Range Line Road; thence east across North Range Line Road to the east property line of the property located at the southeast comer of East Smokey Row Road and North Range Line Road; thence north to East Smokey Row Road; thence east to the rear lot line of properties on the east side of 151 A venue Northeast; thence south to 7th Street Northeast; thence east to the rear property line of properties on the east side of 2nd Avenue Northeast; thence south to 3rd Street Northeast; thence east to 3rd Avenue Northeast; thence south to 151 Street Northeast; thence south across the west property line of the property located at the northwest comer of East Main Street and 4th Avenue Northeast; thence south crossing over Main Street to the rear lot line of properties on the north side of Carmel View Drive; thence west to the rear lot line of properties on 151 A venue Southeast; thence south to the south property line of the property located at the southeast comer of 4th Street Southeast and 1 51 Avenue Southeast; thence. west to the alley between 1st Avenue Southeast and South Range Line Road; thence north to 151 Street Southeast; thence west to 2nd A venue Southwest; thence south to 2nd Street Southwest; thence west to 4th Avenue Southwest; thence north to the northwest comer of the property located on the northwest comer of West Main Street and 151 Street Northwest; thence east to the Monon Greenway; thence north on and along the Monon Greenway to the southern boundary ofBethenridge Subdivision; thence east to 151 Avenue Northeast; thence north to the northern boundary of Bethenridge Subdivision; thence west to the Monon Greenway; thence north on and along the Monon Greenway to the beginning. o o Ordinance No. Z-374-02 p.2 ~ u u u 23D.2 Boundaries are further described by the map in Figure 1. Within the District, land is further subdivided into Sub-Areas, which describe different land use and design guidelines. The boundaries of the Sub-Areas are hereby established as shown on Figure 1. Application of Guidelines of the Overlav District. A. Buildines covered bv the Guidelines. Any alteration, addition or new construction within the Old Town District that requires a building permit must be reviewed for conformance with these guidelines. Wherever there exists a C-2/0Id Town District within the Old Town Overlay District, the development standards and procedures of the C-2/0Id Town District shall govern. B. Contributine Buildines and Non-contributine Buildines. 1. Definition. a. Contributing Buildings are those that have certain characteristics that are in keeping with historical construction in the Old Town District. b. Non-contributing Buildings, usually built later, do not have many of these characteristics. The aim of the guidelines is to preserve or create contributing characteristics where it is possible to do so. 2. Application of lroidelines. Some of the guidelines are directed only at Contributing Buildings and are not applicable to Non-contributing Buildings. Figure 3 designates the Contributing and Non-contributing Buildings. Such designation may be reviewed and revised at any time by the Director, using the criteria established in 23D.3(C). 3. New construction. New buildings must be built with the characteristics of Contributing Buildings, except for Accessory Buildings added to a property where the Principle Building is Non-contributing. 4. Reconstruction. Redevelopment or reconstruction of a property where the existing building has been demolished will be considered new construction, regardless of the classification of buildings previously existing on that site, except as provided in Section 23D.2(B)(5). 5. Where a building has been demolished due to fire or other accident or disaster that is customarily covered by insurance, the owner may reconstruct the property in accordance with these guidelines, or in substantially the same design as existed prior to the accident. C. Characteristics of contributine buildines. Buildings shall be considered Contributing, regardless of age, if they were originally built with all of the following characteristics, or if they have been altered to conform with these characteristics: 1. The following are characteristic of Contributing Buildings in the Character Sub-Area and the Historic Range Line Road Sub-Area: a. Small lots and small size houses, compared to Carmel's later subdivisions. b. Narrow house fronts compared to length. c. Hip or gabled roofs. Ordinance No. Z-374-02 p.3 d. Wood clapboard materials and wood or brick details. o e. Narrow, rectangular wood windows. f. Detached garages in the rear of the property. g. Consistent Setbacks from the street and narrow Side Yards. h. Front porches (optional). 2. The following are characteristic elements of buildings in the Main Street Sub-Area: a.Retail uses on the ground floor. b. Transparent storefront glass for most of the length of the frontage. c. Little or no Setback from the sidewalk or right-of-way line. d. Orientation and front door opens toward Main Street. e. Parking in the rear or sides of building, not in the front. f. Pedestrian scale details and variety in the signs, awnings, and storefronts. g. Buildings at least two (2) stories tall. h. Walls faced in brick or wood, not concrete block or metal. o 23D.3 Guidelines. A. Historic Ranl!e Line Road Sub-Area. The Historic Range Line Road Sub-Area encompasses the houses and businesses north of Main Street along Range Line Road. These buildings are generally larger than the others in the Old Town area and are more architecturally distinctive. In addition, their high visibility contributes greatly to the sense of Old Town as an historic area. 1. . Renovations and Additions to All Existinl! Buildinl!s. The following guidelines shall be applicable to all exterior renovations and additions to existing buildings in the Historic Range Line Road Sub-Area, regardless of whether the building is Contributing or Non-contributing. a. Lot Dimensions and Coverage. i. Existing lot dimensions as originally platted shall be acceptable. ii. Minimum Lot Width. (a) Single-family residence: Fifty (50) feet. (b) All other Uses: Sixty (60) feet. iii. Maximum Lot Coverage. o Ordinance No. Z-374-02 p.4 '0 u (a) Single-family Uses: Forty-five percent (45%) of the area of the lot (b) All other Uses: Seventy percent (70%) of the area of the lot. iv. No lot may be created by Subdivision or by joining which is greater than ninety (90) feet in width. b. Setbacks. i. Additions, except for open-air porches, may not be added to the front of the building except where the building is set back more than twenty (20) feet from the setback line of its nearest two neighbors (See Figure 2b). ii. A Comer Lot for a residential use is presumed to have a front yard setback on both streets that it faces. For a non-residential use, the front yard shall be Range Line Road (if the property is located on Range Line Road) or the street with the greatest traffic. Hi. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. c. Materials. Additions and alterations to the exterior will use materials consistent with those found on the building when it was originally built. d. Roof. Alterations that reduce the roof pitch of an existing building more than five degrees (50) are not allowed. Additions may have a shed, gable, or hip roof. Porch additions may have a flat roof. u e. Garae:es. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Front Line of the Principle Building, or (b) AttachedJo the Principle Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot Line than the Front Line of the Principle Building. New attached garages on Comer Lots should be oriented to the side street, rather than to Range Line Road. ii. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principle Building. Hi. Covered walkways attaching the garage to the Principle Building are allowed. f. Landscape and Lie:hting. i. A paved walkway from the porch or front door to the front sidewalk is required. u ii. The remaining Front Yard of all buildings will be maintained with a Ordinance No. Z-374-02 p.5 groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. o iii. Exterior lighting is restricted to lamps mounted on the building, seven- foot (7') maximum-height pole-mounted decorative lights, and low- wattage landscape lighting. iv. Fences greater than thirty-six inches (36") tall are not allowed in the Front Yard of the property. v. Chain link material is prohibited forward of the Front Line of the Principle Building. vi. Dumpsters and trash receptacles must be screened from view. g. Signs. Signage, where allowed, shall abide by the City of Carmel and Clay Township Zoning Ordinance specified in Section 25.7.02-13. h. Parking and Drivewavs. i. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty-four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50%) in order to accommodate difficult site conditions such as limited access, small lots, and/or existing mature trees. o iv. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. 2. Additional Guidelines for Alterations & Additions to Contributing: Building:s in the Historic Rang:e Line Road Suh-Area. Alterations and additions to existing, Contributing Buildings in the Historic Range Line Road Sub-Area shall be guided by the following: a. Demolition. No Contributing Building, or any part of it, may be demolished in this district without the consent of the Director. The Director shall only consider the following when determining whether a building or any part of it may be demolished: i. Structural conditions pose an imminent safety hazard. ii. An advanced state of dilapidation or fire damage would make it unfeasible to repair the building for any reasonable economic use. iii. The particular fmancial situation of the current owner or the current owner's desired use for the property shall not be considered as factors in determining consent for demolition. o b. Building: Use. Notwithstanding uses otherwise allowed by zoning, uses that Ordinance No. Z-374-02 p.6 ~ require Substantial Alteration or additions to the exterior of a Contributing Building in order to accommodate the functional requirements will not be allowed. u Materials. c. i. Details such as porch railings, trim boards, fascia boards, and cornices .. may not be removed from the building. ii. Original materials of the building will be repaired rather than replaced, when possible. iii. . When original materials, windows, doors, siding, railings, and other details cannot be repaired, they may only be replaced with architecturally correct materials that simulate the look, details and dimensions of the original. Substitute materials (vinyl, aluminum, concrete plank, e.g.) must meet these standards in order to be acceptable. d. Alterations. i. Alterations to the interior of the historic building are allowed if the exterior of the building is not changed. ii. No alterations are allowed that permanently change the massing, character, window placement or details of the exterior of the original building. u iii. Previous additions or alterations to the building that detract from or conceal the character of the building may be removed and the building restored to a previous condition. In this process, no attempt should be made to add "historic" features (e.g., bay windows or gingerbread trim) not actually a part of the original building. e. Additions. i. Additions are allowed only in the rear of the building. ii. Additions may not be taller or wider than the existing building. iii. Additions must be designed to complement, but not mimic, the historic architecture. iv. Additions must be built in such a way that they can be removed in the future without damage to the original building. 3. New Construction. The following guidelines apply to all new buildings built within the boundaries of the Historic Range Line Road Sub-Area. a. Building Mass. i. Buildings are to be oriented parallel and perpendicular to the street. u ii. Buildings will generally be longer than they are wide, with the narrow Ordinance No. Z-374-02 p. 7 dimension facing the street. Building widths may not exceed forty-five (45) feet, except where the lot is greater than eighty (80) feet in width, in which case the building may be up to fifty-five (55) feet wide. o b. Setbacks. i. New buildings must follow the dominant or average Front Yard Setback dimension of existing buildings on the same block and on the same side of the street, with a variation of up to three (3) feet allowed (See Figure 2a). c. Materials. i. All sides of the Principle and Accessory Buildings must be clad in wood, brick, stone, or high-quality vinyl siding. The same material must be used on all sides of the building. ii. New detached garages and other Accessory Buildings should use exterior materials similar to the Principle Building. iii. Windows and trim must be framed in wood or vinyl-clad wood. iv. Visible aluminum storm windows or doors are not allowed. v. Chimneys are to be brick. vi. Exterior guardrails, handrails and other stair details may be wood or wrought iron. o vii. Roofs are to be asphalt, wood or slate shingles. viii. Foundations must be split-face block, stone veneer or poured-in-place concrete. d. Windows. Doors. i. Vertical, rectangular double-hung or casement windows are required. These may be used in multiple sets to create larger expanses of window area. ii. Plate-glass picture windows, strip windows and arched windows are not allowed on the front facade. iii. Special windows are allowed (ovals, hexagon, etc.) as accents. e. Roof. i. The roof of the Principle Building and Accessory Buildings shall be gabled, multi-gabled, or hipped, with a minimum pitch of 8: 12. ii. A roof over a porch or bay window may be flat or pitched. f. Porches. i. Covered porches facing the street on the first or upper floor of the structure are strongly encouraged but not required. o Ordinance No. Z-374-02 p.8 ~ u ii. Uncovered decks are not allowed in the front yard. g. Building Height. i. Minimum: Thirteen (13) feet to the midpoint of the cornice and the ridgeline. ii. Maximum: Thirty (30) feet to the midpoint of the cornice and the ridgeline, except as provided in 7(c). iii. Buildings may not exceed the height of the tallest dimension of the nearest two contributing buildings by more than seven (7) feet. B. Main Street District Sub-Area. Main Street west of Range Line Road is a relatively intact example of street front retail. The emphasis is on encouraging new construction and renovations that conform to the desired character and prohibiting changes that do not conform to the existing character. This Sub-Area will be focal point of pedestrian commercial activity in the Old Town District. All new construction, and alterations and additions to new buildings, will follow these guidelines: 1. Use. The underlying zoning in this district will prevail regarding permitted land uses, with the following exceptions: a. Only those uses allowed in B-IlBusiness districts will be allowed on the ground floor in areas that are designated as I-l/Industrial districts; u b. No drive-through or drive-up facilities are allowed for any use, including automotive, banking, or food sales. c. Multi-family residential uses will be specifically allowed and encouraged on the upper floors of all buildings. 2. Building mass. a. New buildings and renovations shall follow the general massing of a "Main Street" commercial block, i.e., a rectangular building with a flat or slightly sloped roof, oriented perpendicular to the street. b. Building height is limited to three (3) floors. c. The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 3. Materials. a. The first floor and upper floors may be composed of different materials. The fac;ade of the upper floors on any building that faces a public street may be constructed of wood siding, brick, stucco, or other masonry units, and trimmed in stone, contrasting brick, wood, or pre-cast concrete. u b. The first floor of a new or renovated building must be composed of storefronts, Ordinance No. Z-374-02 p.9 which may be inserted into a masonry, wood, stone or concrete panel frame which is coordinated with the upper floor. Storefronts will be a lightweight material such as aluminum, glass, wood, tile, and panelized composites. . o c. The materials in the rear of the building must be coordinated with the front fa~ade, although they may be different. d. On the front fa~ade, at least sixty percent (60%) of the total area of the first floor (up to the line of the second floor) must be transparent vision glass. e. Front and side fa~ades of buildings located on comer lots shall be of the same materials and similarly detailed. f. Exterior walks, steps, ramps and paving must be masonry or stone pavers, or poured or pre-cast concrete. 4. Windows. Doors. a. A separate entrance facing a public street shall be provided to the upper floors of a building if the use differs from the one on the ground floor. b. Each floor shall have windows. 5. Roof. Roofs must have a pitch ofless than 3:12 and will not be a substantially visible part of the building. 6. Alterations and Additions. Existing buildings may be substantially modified to conform to these guidelines, except for designated historic structures. o 7. Details. a. Cornices and other details of existing buildings may not be removed. b. The fa~ade should have a flat front, with relief provided by minor bays, windows and window trim, storefronts, recessed doors, and features such as special brick coursing, pilasters and lintels. c. All new buildings will have an articulated cornice at the top of the fa~ade wall. 8. Setbacks. a. Front Setback. The buildings must sit on the front property line except for minor recesses for entrances and outdoor seating/dining. b. Side setback. There are no minimum side setbacks; however, mid-block pedestrian access to rear parking must be a minimum of six (6) feet wide. 9. Entrances. a; The principle entrance to all retail areas must face the public street. b. Additional entrances may face the side ofthe building. c. No rear entrances are allowed except for residential or office uses, emergency exits, employees, loading and trash removal. o Ordinance No. Z-374-02 p. 10 .. 10. Storefronts. Storefronts shall be internally illuminated with spots or other incandescent lighting, so as to display prominently and attractively the business or its products. Exterior lighting may be affixed to the building. u 11. Permanents Sil!Ils. Awnings and Murals. a. Maximum sil!Il area: First floor occupants are allowed Ii total of one and a half (1 Y2) square feet of sign for each linear foot of street frontage, except that no single sign may exceed thirty-two (32) square feet in area. b. Freestanding permanent signs are not allowed. c.. Building signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. d. Signs may be perpendicular or flat-mounted, including separately mounted letters. Perpendicular signs may not extend more than five feet from the face of the building. e. No sign may extend above the cornice line of the building. f. Allowable signs may also be painted in graphics in storefront or upper floor windows. Signs may also be imprinted on awnings. Signs may also be painted on the sides of buildings (see Subsection 11 (j) below). All such signs will be included in the calculations for maximum sign area. g. Retractable or fixed fabric awnings are allowed, but these must fit within the storefront glass area and may not obscure details of the building. Awnings may only be supported with building-mounted hardware. u h. Individual tenants should strive for a unique graphic image, rather than be required to conform to a single graphic style for the whole building. i. Portable signs or displays of merchandise within the street right-of-way, sidewalk or the front setback of the building will not be allowed. j. Graphics painted on the sides of buildings that are essentially commercial in character or describe activities in the adjacent building will be considered "signs". Graphics painted on the sides of buildings are otherwise allowed but must be reviewed for conformance with this regulation. 12. Parking and Loading Requirements. a. Parking lots shall be located in the rear of the building only. b. Parking shall be provided at the ratio of one space for every one thousand two hundred (1200) square feet of gross area in the building. Where the total lot area is less than three thousand (3000) square feet, the owner shall be exempt from parking requirements. c. On-street parking may not be used to fulfill parking requirements; however, a reasonable share of a public lot may be assumed to fulfill these requirements. d. Parking may be provided on-site or in a convenient remote lot not more than four hundred (400) feet from the property. u Ordinance No. Z-374-02 p.ll e. Parking requirements may be reduced if businesses with substantially different peak hour requirements agree to share parking. A petition must be filed with the application indicating the terms of agreement. of parties to a shared parking arrangement. o f. No new curb cuts are allowed on Main Street, and no parking lots or loading areas may front on Main Street. g. Screened loading and trash areas shall be provided for all businesses at the rear of the building. C. Character Sub-Area. Character. Sub-Areas consist of the bulk of the residential areas in the Old Town district both east and west of Range Line Road, and both residential and commercial properties facing Range Line Road in the north end of the District There are many different styles of architecture in this area; however, the consistency and character of the neighborhood is worth protecting. The intent of these guidelines is to preserve the character of the neighborhood by preserving certain building and siting characteristics, without requiring that specific buildings or building elements be preserved. 1. Renovations and Additions to Existing: Building:s. The following guidelines shall be applicable to all exterior re~ovations and additions to existing buildings in the Character Sub-Area, regardless of whether the building is Contributing or Non-contributing. a. Lot Dimensions and Coverages. o i. Existing lot dimensions as originally platted shall be acceptable. ii. Minimum lot width. (a) Single-family Residential: Fifty (50) feet. (b) All Other Uses: Sixty (60) feet. iii. Maximum Lot Coverage. (a) Single-family Residential: Forty-five (45%) of the area of the Lot. (b) All Other Uses: Seventy percent (70%) of the area of the Lot. iv. No lot may be created by subdivision or by joining which is greater than ninety (90) feet in width. b. Setbacks. i. Additions, except for open-air porches, may not be added to the front of the building except where the building is set back more than twenty (20) feet from the Setback line of its nearest two neighbors (See Figure 2b). ii. A Comer Lot for a residential use is presumed to have a Front Yard Setback on both streets that it faces. For a non-residential use, the o Ordinance No. Z-374-02 p. 12 . Front Yard shall be Range Line Road (if the property is located on Range Line Road) or the street with the greatest traffic. u iii. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. c. Materials. i. Additions and alterations to the exterior must be clad in wood, brick, concrete plank or high quality vinyl siding. ii. Materials of additions and alterations should be consistent with the materials in the Principle Building. . d. Roof. Alterations that reduce the roof pitch of an existing building more than five degrees (50) are not allowed. Additions may have a shed, gable, or hip roof. Porch additions may have a flat roof. e. Garages. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Principle Building, or (b) Attached to the Principle Building so that the front face of the garage is at least fifteen (I5) feet further from the Front Lot Line than the primary front line of the Principle Building. New attached. garages on Comer Lots should be oriented to the side street, rather than to Range Line Road. u ii. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principle Building. iii. Covered walkways attaching the garage to the Principle Building are allowed. f. Landscape and Lililiting. i. A paved walkway from the porch or front door to the front sidewalk is required. ii. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii. Exterior lighting is restricted to lamps mounted on the building, seven- foot (7') maximum-height pole-mounted decorative lights, and low- wattage landscape lighting. iv. Fences greater than thirty-six (36) inches tall are not allowed forward of the Front Line of the Principle Building. v. Vinyl covered chain-link material is allowed in the Front Yard except on those properties which front on Range Line Road. For properties fronting on Range Line Road, chain-link material is prohibited forward u Ordinance No. Z-374-02 p.13 of the Front Line of the Principle Building. . vi. Dumpsters and trash receptacle must be screened from view. o g. Signs. Signage, where allowed, shall abide by the City of Carmel and Clay Township Zoning Ordinance specified in Section 25. 7.02-13. h.. _ Parking and Driveways. i. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty-four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50%) in order to accommodate difficult site conditions such as limited access, small lots anclJor existing mature trees. iv. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. 2. Additional Guidelines for Alterations & Additions to Contributine: Buildinl!s in Character Sub-Area. Alterations or additions to existing, Contributing buildings in the Character Sub-Area shall be guided by the following guidelines. Nothing in these guidelines shall require a change to a part of the building that is not otherwise affected by the proposed alteration or addition. o a. Materials. i. All sides of the Principle and Accessory Buildings must be clad in wood, brick, concrete plank or high-quality vinyl siding. ii. Windows and trim must be framed in wood or vinyl-clad wood. iii. Clear finish or brush fmish aluminum storm windows or doors are not allowed. iv. Chimneys are to be brick. v. Exterior guardrails, handrails and other stair details may be wood or wrought iron. vi. Roofs are to be asphalt, wood or slate shingles. vii. Foundations must be split-face block, stone veneer or poured-in-place concrete. b. Where previous alterations have introduced inconsistent materials (simulated stone, brick, metal, etc.) to a wood-clapboard house, a new addition or alteration that affects this part of the structure will require removal of the inconsistent material. o Ordinance No. Z-374-02 p. 14 .. u c. Windows. Doors. i. Vertical, rectangular double-hung or casement windows are required. These may be used in multiple sets to create larger expanses of window area. ii. Plate-glass picture windows, strip windows and arched windows are not allowed on the front fayade. iii. Special windows are allowed (ovals, hexagon, etc.) as accents. iv. Existing windows may be moved or replaced with windows that are similar to the original building windows. v. If a window is covered over or removed, the material on the exterior must match the pre-existing siding. d. Roof. Roofs shall be gabled, multi-gabled, or hipped, with a minimum pitch of 8:12. Porch roofs may be flat or pitched. e. Porches. i. Removal of existing porches is prohibited, unless the porch is being upgraded or replaced in a manner consistent with these guidelines. ii. Existing porches shall only be enclosed with transparent glass windows. u iii. Uncovered decks are not allowed if forward of the Front Line of the Principle Building. f. Building Heie:ht. Additions to the existing building may not exceed the height of the tallest dimension of the nearest Contributing buildings by more than seven (7) feet. 3. New Construction. The following guidelines apply to all new buildings built within the boundaries of the Character Sub-Area. a. Buildine: Mass. i. Buildings are to be oriented parallel and perpendicular to the street. ii. Buildings will generally be longer than they are wide, with the narrow dimension facing the street. Building widths may not exceed forty-five (45) feet, except where the lot is greater than eighty (80) feet in width, in which case the building may be up to fifty-five (55) feet wide. b. Setbacks. i. New buildings must follow the dominant or average front yard Setback dimension of existing buildings on the same block and on the same side of the street, with a variation of up to three (3) feet allowed (See Figure 20). u Ordinance No. Z-374-02 p. 15 c. Materials. 0 i. All sides of the Principle and Accessory Buildings must be clad in wood, brick, stone, concrete plank or high-quality vinyl siding. The same material must be used on all sides of the building. ii. New garages and other Accessory Buildings shall use exterior materials similar to the Principle Building. iii. Windows and trim must be framed in wood or vinyl-clad wood. iv. Visible aluminum storm windows or doors are not allowed. v. Chimneys are to be brick. vi. Exterior guardrails, handrails and other stair details may be wood or wrought iron. vii. Roofs are to be asphalt, wood or slate shingles. viii. Foundations must be split-face block, stone veneer or poured-in-place concrete. d. Windows. Doors. i. Vertical, rectangular double-hung or casement windows are required. These may be used in multiple sets to create larger expanses of window area. 0 ii. Plate-glass picture windows, strip windows and arched windows are not allowed on the front fayade. iii. Special windows are allowed (ovals, hexagon, etc.) as accents. e. Roof. i. The roof of the Principle Building and Accessory Buildings shall be gabled, multi-gabled, or hipped, with a minimum pitch of 8: 12. ii. A roof over a porch or bay window may be flat or pitched. f. Porches. i. Covered porches facing the street on the fIrst or upper floor of the structure are strongly encouraged but not required. ii. Uncovered decks are not allowed in the front yard. g. Building Height. i. Minimum: Thirteen (13) feet to the midpoint of the cornice and the ridge line. ii. Maximum: Thirty (30) feet to the midpoint of the cornice and the 0 ridgeline, except as provided in 7(c). Ordinance No. Z-374-02 p. 16 u u u iii. Buildings may not exceed the height of the tallest dimension of the nearest two Contributing Buildings by more than seven (7) feet. 23D.4 Submittal Process! Application Procedure. A. Consultation with Director and Application. Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and ma~lals, review the procedures and examine the proposed use and devel.opment O..f the .property. The Directo~. . a. I aid and advise the applicant in preparing his application and supporting doc ents as necessary) 1. The applicant shall submit: a. two (2) copies of the written Site Plan and Design Review application form, b. two (2) copies of the Existing Features & Site Analysis Plan including adjacent zoning and land use, c. two (2) copies of the proposed Site Plan and Drainage Plan, and/or d. two (2) copies of the required information on architectural design, landscaping, parking, signage, lighting and access, as well as e. all necessary supporting documents and materials. B. Review. Review of the Application and Supporting Documents and Materials by the Director; Following the receipt of the written application and required supporting information by the Director, the Director shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. 1. Unless and until the Director formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. 2. Within ten (10) days of the formal acceptance of the application by the Director, he shall formally approve, deny, or request additional information about the petition. C. Approval or Denial of the Application bv the Commission. 1. An approved Site Plan and Design Review petition shall be valid for two (2) years from the date of approval. If construction of the building( s) has (have) not started at the end of the two (2) year period, the Site Plan and Design Review request must be re-submitted to the Director. 2. If an approved Site Plan and Design Review petition is (are) substantially altered, re- submittal to the Director for approval is required. 3. If the petition is denied by the Director, the Director shall provide the applicant with a Ordinance No. Z-374-02 p. 17 4. copy of said reasons, if requested. The applicant may appeal the decision ofthe Director, as specified in Chapter 30. 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. Ordinance No. Z-374-02 PASSED by the Common Council of the City of Carmel, Indiana this _ day of , 2002, by a vote of ayes and nays. Ordinance No. Z-374-02 p.18 o o o .. u u u COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer John R. Koven Kevin Kirby, President Pro Tempore N. L. Rundle Robert Battrea11 Luci Snyder Ronald E. Carter Wayne Wilson Ordinance No. Z-374-02 p. 19 ATTEST: Diana 1. Cordray, IAMC, Clerk-Treasurer Ordinance No, Z-374-02 Presented by me to the Mayor of the City of Carmel, Indiana this _ day of , 2002, at .M. Diana 1. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-374-02 Approved by me, Mayor of the City of Carmel, Indiana, this _ day of ,2002, at .M. ATTEST: James Brainard, Mayor Diana 1. Cordray, IAMC, Clerk-Treasurer John R. Molitor Carmel/Clay Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 Prepared by: r Ordinance No. Z-374-02 p.20 o o o } I c:J'\ ~ ro f[ CJ . ~~?~ %-1n 0 Sf ~ 0 D. . 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DO-===- ~L" ~(jo, I I, ,11 Un .olDgOL ~~ a = ~ lh Nffi ~~,. ~~ -.....J Cl I ~ [j' " <0 /~ /<\) C:J cP. u CJ ~ ~~ /' f u - ~ ~ .. l:. / o~ ~I UCarmel Old Town Sub-area Boundaries (Figure 1) Carme I, Indiana Revised FEB 2002 I ., "'__._o.-c..-_:~"""._=--"" .-.-- _ A .. . .. I , . . I .. , . . U r .. ... D.. I . II 2.00 0 :lOO Figure 2a Figure 2b ~ :IIJ L._._._. .--._._._. !-~--~i?i1il t : I ~.(.".t...,... ",,,'W,,,,,, I I 1m .......I! , i i i i . I X!!~l----e:ll ~.:.~- - ~ I I i I t . t" . . ImKl.' I: New cons ruc Ion I e____ ___J_j ~---I,\*.jiriSi,t i 1 r i ~ fii>iL'\i(1rdE;:, I L o Dominant front yard setback Neighbor's front setback o Addition not permitted ... r- i li~li~ ~. I i I i i I i ____ ,- I ill ~.~1~.___._. i i i i i _______..J Greater than 20 feet Addition permitted o '\ r- ,m. ~ u C? ~i a r.....E:f 'cr :~~~~ DC!' )ll a:.~i .' C;; CJi I q' D . (m,=1'251 fE::';: ! CJ 0: \; 0 ~ l~~l~"i u tf [S lJ ;. iu :DO I o , IlQlJ ! :0 iO ,.0........ ...m......;........ iDC=L . I . . . . L............ ,..............1 . [] ~ cP I w ....lIh.... rm~r' .. ....t;lmm m ,Xii:! ..... ;.. - ~...~.- . . mEl[ldl <P ;r.......H.-...........T.......' i........'! i.-:im.. ' !O! II~j~ I fElEl "d,1 f~ii~i ~j Do 2i! , i... : (....m.m . c m"i~6, ,. ..~. 'H~"'; .;......0' . . . . . . mjLJ ; tf q,: , CJ; '{) ; u [..a · ~I~~ }il 0 .(? , Carmel Old Town Contributing Bui I dings (Figure 3) u II Contributing Non-Contributing !!!r.7."...... . ".... ...". Carmel, Indiana January 2002 2.00 0 2.00 v ~ v 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 ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-374-02 Old Town District Overlay Zone To: 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 of the Department of Community Services (Docket No. 96-01 OA) petitioning the Commission to establish Chapter 23D: Old Town District Overlay Zone. The Carmel/Clay Plan Commission's recommendation on the petition of the Department of . Community Services is FAVORABLE. At its regularly scheduled meeting of February 19, 2002, the Carmel/Clay Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-374-02 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 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 Thursday, May 30, 2002. COMMISSION RECEIVED DATED: March 1,2002 n:wt - i LUUt: