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Home My WebLink AboutCity Council 03-18-02 u CARMEL CITY COUNCIL March 18,2001 1. Z-369-02, Amendments to the Zoning Ordinance (New provisions & corr~ct!ve amendments) ~--noctrefNo. 160-01 OA ('ijxt Amendment) \ - __._.' ....1..... .__ __ _...__". __ _ The-p-etitioner-seeks to add new provisions and make several corrective amendments to the Zoning Ordinance. Filed by the Department of Community Services. Please take time to review these amendments and call or forward any questions to the Department prior to the meeting so we may be prepared to address any questions at the Council meeting and for the Committee. The Carmel/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. Brief desr.ription and har.kgronnd information~ U This amendment to the Zoning Ordinance encompasses a number of unrelated topics: First, ~a would require that all projects and improvements be designed against either existing or proposed right-of-way, whichever is greater. Subsection e amends the definition of "SETBACK" to reflect this requirement. This will save Carmel/Clay and property owners unnecessary headaches in the future. Second, ~c condenses the definition of "HOME OCCUPATION." The standards currently set forth therein will be relocated to Section 25.18: Home Occupation per ~ba of this amendment. Third, ~f repeals the definition of "SERVICE STATION," which is identical to the definition of "AUTOMOBILE SERVICE STATION," and is, therefore, redundant. Fourth, ~g amends the definition of "FRONT YARD" to more accurately utilize other terms defined in the Ordinance. w Fifth, ~h repeals the standards for Accessory Buildings and Uses found in the S- l/Residence and subsequently cross-referenced by each Residence district in turn. These standards are removed to Section 25.1: Accessory Buildings and Uses; 1: Residential Districts per ~au. Subsection h, ~i, ~j, ~k, ~l, ~n, ~p, ~r, ~v, ~y, ~aa, ~ad, ~af, ~ai, ~aj, ~ak, ~al and ~am have been amended to include cross-references to Section 25.1: Accessory Buildings and Uses. Subsection ai adopts the cross-reference for the B-8/Business District, while retaining Council Report 2002-3-8.rtf u -u u language unique to that Sections. Subsection ar, ~as, ~at, ~bd and ~bg repeal language moved to Section 25.1 per ~au. Subsection bh repeals language regarding setbacks on Reverse Interior Lots that becomes moot with the adoption of the amended Section 25.1. Sixth, ~o, ~q, and ~z add ADLS as a requirement for the B-l/, B-2/, and B-5/Business Districts. Seventh, ~s adds both Development Plan and ADLS requirements to the B-3/Business District. These replace the Special Use requirement, which is amended per ~t and ~u. Eighth, ~w and~ab renumber Sections 15.0.2: and 17.0.2: Minimum Tract Requirements to Sections 15.0.3 and 17.0.3, respectively. Subsection x and ~ac then utilize the vacant Section 15.0.2 and 17.0.2 as the Plan Commission Approval section. As a Planned District, both Development Plan and ADLS are presently required in the B-4/Business District; the amendment maintains parallelism between the B-4 District and the other Business Districts, and also explicitly states the ADLS requirement without need to cross-reference Chapter 24: Planned Districts to discover it. ADLS will be a new requirement for the B-6/Business District. Subsection 18.0.2 Ninth, ~ae explicitly states the currently existing Development Plan and ADLS requirements of the B-7/Business District. Tenth, ~ag and ~ah switch the numbering of Sections 19.0.2: Tract Requirements and Section 19.0.3: Plan Commission Approval of the B-8/Business District in order to maintain parallelism among the construction of the Business Districts. No new requirements are adopted. Eleventh, ~ao, ~ap, and ~aq amend the SR 431/Keystone Avenue Overlay in order to excuse residentially zoned and used property from filing for ADLS approval. The 3D-foot bufferyardis sti1Larequirementof all properties, though the minimum front-yard-for-residential---- property is reduced to thirty (30) feet from 120'. The amendment also deals with the question of those properties on which both the US 31 and SR 431 Overlays exist, giving preference to the requirements of the US 31 Overlay. Twelfth, ~as and ~bf repeal language moved to Section 25.19: Automobile Filling and Automobile Service Stations per ~bb. Thirteenth, ~ay amends Section 25.12.1(7) in order to excuse satellite dishes 24" or less from the permitting requirement. All other standards still apply. Fourteenth, ~az adopts Tower setback language into Section 25.13.1 that is being removed from Section 26.2.17 per ~bg. Fifteenth, ~bc amends Section 26.2.2 regarding Comer Lots, adopting language being repealed from Section 26.2.13 per ~be. Finally, ~bj addresses conflicts within the Zoning Ordinance, and reformats Section 31.3. Council Report 2002-3-8.rtf ~ CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON T~ PETITION OF THE CITY OF CARMEL DEP~TMENTOFCO~TYSERVICES TO AME~ THE CARMEL/CLAY ZONING ORDINANCE . PURSUANT TO INDIANA CODE 36-7-4-605 , ORDINANCE No. Z-369-02 ii Tot The Honorable Common Council of the City of Carmel j, Hamilton County, Indiana ;~ Dear Members: The CarmeVClay Plan Commission o:(fers you the following report on the application (Docket No. 160-01 OA) of the City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to amend Sections 2.9: Compliance with the Thoroughfare Plan; 3.7: Definitions; 5.3: Accessory Buildings & Uses; 6.3: Accessory Buildings & Uses; 7.3: Accessory Buildings & Uses; 8.3: ~ccessory Buildings & Uses; 9.3: Accessory Buildings & Uses; 10.3: Accessory Buildings & Uses; 11.3: Accessory Buildings & Uses; 12.0.2: Plan Commission Approval; 12.3: Accessory Buildings & Uses; 13.0.2: Plan Commission Approval; 13.3: Accessory Buildings & Uses; 14.0.2: Plan Commission Approval; 14.1: Permitted Uses; 14.2: Special Uses; 14.3: Accessory Buildi~gs & Uses; 15.0.2: Plan Commission Approval; 15.0.3: Minimum Tract Requirements; 15.3: Accessory Buildings & Uses; ~6.0.2: Plan Commission Approval; 16.3: Accessory Buildings & Uses; 17.0.2: Plan Commission Approval; 17.0.3: Mini"1um Tract Rsquirements; 17.3: Accessory Buildings & Uses; 18.0.2: Plan Commission Approval; 18.3: Accessory Buildings & Uses; 19.0.2: Plan Commission Approval; 19.0.3: Minimum Tract Requirements; 19.3: Accessory Buildings & Uses; 20A.3:; Accessory Buildings & Uses; 20B.3: Accessory Buildings & Uses; 20C.3: Accessory Buildings & Uses; 20D.3: Accessory:: Buildings & Uses; 20G,5.2(A)(2): Accessory Buildings; 23A.2: Minimum Front Yard; 23A.5: Plan Commission Approval; 23A.6: Other Requirements; 25.1: Accessory Building & Uses; 25.7.01-2: Definitions; 25.7.01-3(1); 25.7.01-4: Prohibited Signs; 25.12.1(7); 25.13: Towers; 25.18: Home Occupation; 25.19: Automobile Filling and Automobile Service Stations; 26.2.2: ICorner Lots; 26.2.12; 26.2.13; 26.2.15; 26.2.17; 26.2.18; 27.2.5; and 31.3: Conflicting Ordinances of the CarmeVClay Zoning Ordinance: i The Carmel/Clay Plan CommissioA,s recommendation on the petition of the applicant is FAVORABLE. I At its regularly scheduled meeting!!ofFebruary 19, 2002, the Carmel/Clay Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Absta~ing, to forward to the Common Council the proposed Ordinance No. Z-369-02 with a Favorable Recommendation. Please be advised that by virtue pf 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. .W Dated: March 1, 2002 ,.. RECEiVED tNit ~ , LUiJt. .~ ..q.3:~tJJ€~ Rr.V~