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HomeMy WebLinkAboutPacket 09-22-06 to City Council , MEMORANDUM TO: Carmel City Council FROM: Adrienne Keeling * Department of Community Services SUBJECT: Item forwarded by the Plan Commission for action by the City Council DATE: September 22, 2006 Please find information on the following item forwarded by the Plan Commission attached. This item will appear on your October 3rd agenda. Forwarded with favorable recommendation: Ordinance Z-497-06 (Docket No. 06080022 OA): Carmel Drive - Range Line Road Overlay Amendment Petition to amend the Zoning Ordinance in order to amend the sunset provision in Chapter 23F: Carmel Drive - Range Line Road Overlay Zone. Filed by the Carmel Department of Community Services. Please find enclosed the Plan Commission-certified ordinance to amend the Zoning Regulations. The purpose of the amendment is to extend the sunset provision of the Carmel Drive - Range Line Road Overlay Zone by one year to December 31, 2007. The intent of the sunset provision was to allow time to prepare and establish a central business district plan. Although a proper plan has yet to be achieved, we believe the Overlay Zone is serving its purpose well in the mean time; that is to enhance the livability of Carmel by encouraging a range of activities in mixed-use buildings, and establishing a pedestrian oriented environment in buildings and a streetscape which are attractive and safely designed. By granting the extension of the sunset provision, it will allow staff and local officials to continue to use the standards in the Overlay as a valuable tool to achieve the highest quality of development. A few projects have been constructed in the corridor either under the regulation or influence of the Overlay. The best example is the transformation of the comer of Carmel Drive and Range Line Road. With its conversion from a single use structure to a multi-story, multi- tenant building, the project provides for a variety of retail and services and is situated on the site in a way that activates street life at the comer. Other examples, though variances were granted, include KFC and the Companion Animal Hospital. Also of note is the building currently under construction immediately east of City Hall, which will be home to the Nightingale Home Health Care offices. The information on this item has been arranged in the following format: 1. Copy of the Ordinance Proposal (Z-497 -06) 2. Copy of PC Certification Council Report 2006-0922; Z-497 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sponsor: Councilor Rattermann ORDINANCE Z-497-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Amending the sunset provision of the Carmel Drive - Range Line Road Overlay Zone in the Carmel Zoning Ordinance WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (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 of the zoning ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Carmel 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. 06080022 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, September 19, 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: 31 32 33 34 35 ZO CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE a. Amend Section 23F.18: Sunset Provision to read: 23F.18 Sunset Provision. 36 This Chapter expires December 31, ~2007. 37 38 39 40 41 42 43 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. 09/22/2006 Ordinance Z-497-06 1 2 Ordinance Z-497 -06 PASSED by the Common Council of the City of Carmel, Indiana this _ day of , 2006, by a vote of ayes and nays. 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Joseph C. Griffiths Richard L. Sharp, President Pro Tempore Kevin Kirby Ronald E. Carter Brian D. Mayo Fredrick J. Glaser Mark Rattermann ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer 09/22/2006 Ordinance Z-497-06 2 ; 1 Ordinance Z-497 -06 Presented by me to the Mayor of the City of Carmel, Indiana this 2 _ day of , 2006, at _.M. 3 4 5 6 Diana L. Cordray, IAMC, Clerk-Treasurer 7 8 9 Ordinance Z-497-06 Approved by me, Mayor of the City of Carmel, Indiana, this _ 10 day of , 2006, at _.M. II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 0912'212006 Ordinance Z-497-06 3 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-497-06 An Ordinance to Amend Chapter 23F: Carmel Drive - Range Line Road 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. 06080022 OA) to Amend Chapter 23F: Carmel Drive - Range Line Road Overlay Zone of the Zoning Ordinance of the Zoning Ordinance, in order to modify the sunset provision. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting on September 19, 2006, the Commission voted seven (7) in Favor, two (2) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z-497-06 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 (September 20, 2006) is Tuesday, December 19, 2006. CARM~l PLAN COMMISSION BY: //~e'rry Ch " /i I 1// R mona Hancock, Secretary Carmel Advisory Plan Commission Dated: September 20, 2006 Received 2006-0920; Z-497-06; PC Certification SEP 2 0 2006 Carmel Clerk- Treasurer