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HomeMy WebLinkAboutDept Report 09-16-03 CARMEL/CLAY PLAN COMMISSION DEPARTMENT REPORT September 16, 2003 4i. Docket No. 162-02 OA; 163-02 CPA Amendment to the Carmel/Clay Zoning Ordinance - Agricultural District Amendment to the Carmel/Clay Comprehensive Plan - Agricultural District The petitioner seeks to add a new zoning district to the Zoning Ordinance. Filed by the Department of Community Services. The Department of Community Services requests that the Plan Commission forward a favorable recommendation to the City Council on a request to adopt the proposed Agricultural District (see attached Ordinance and Comprehensive Plan Amendment). Approval ofthe new district would add an Agricultural District to the Ordinance. The Common Councils' Annexation and Land Use Committee have forwarded these items to the Plan Commission in December of 2002. A public hearing was held and the items were discussed at committee. The items have been tabled at the committee since January. The first item is an amendment to the Carmel/Clay Comprehensive Plan to establish policies for agricultural uses; The second item is an ordinance amendment adopting the AG-l/ Agricultural zoning district. The Subdivision Committee forwards this item to the full Plan Commission with a favorable recommendation by a vote of 6-1. The Department recommends that the Plan Commission forward these items to the City . Council with a favorable recommendation. PCR-2003-0916 -, .~ ~" DOCKET NO. 163..02 CPA An Amendment to add. the following section to the Carmel/Clay Comprehensive Plan: Agricultural District Policies In the rapidly developing community of Carmel/Clay, the need to protect the interests of those that wish to preserve their agricultural land use and do not have the intention to allow their property to be developed is imperative. The preservation of agricultural areas provides for greater community open space and conservation of valuable natural resources. Agricultural land can be used for the cultivation of crops and/or the raising of animals, such as horse farms. In determining if a property can be reasonably considered agricultural and is appropriate to be rezoned to the AG..1J Agricultural District classificatio1;l, the following factors should be considered: . 1. Historical use of the property. 2. Current and proposed future use of the property. 3. Features of the property that make it suitable for agricultural use including but not limited to woodlands, wetlands, soils, and the size and configuration of the land. 4. Relationship to adjacent land uses, such as commercial areas or developed subdivisions. 5. Relationship to other aspects of the Comprehensive Plan, including, but not limited to, economic development and the Thoroughfare Plan. ,," ~ Sponsor: Councilor Snyder ': ORDINANCE NO. Z-417-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADOPTING CHAPTER 20J: AG-l AGRICULTURE DISTRICT INTO ARTICLE 1: ZONING CODE OF CHAPTER 10: ZONING & SUBDIVISIONS OF THE CITY OF CARMEL, INDIANA CODE OF ORDINANCES WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to Indiana Code 36-7-4-601 the Common Council is authorized and empowered to establish zoning districts for agricultural and other uses; 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, the Common Council now wishes to create and adopt an agricultural zoning district to promote the general welfare, to recognize the needs of agriculture within the community, and to better plan for the future development of Cannel and Clay Township. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Zoning Ordinance is officially amended to add the following: CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL/CLAY ZONING ORDINANCE CHAPTER 20J: AG.1/AGRICULTURE DISTRICT 201.00 AG-lIAmculture District. 201.01 Pennitted Uses. 201.02 Special Uses and Special Exceptions. 201.03 Accessory Buildinvs and Uses. 201.04 Height and Area Requirements. Ordinance No. Z-417-03 page 1 Sponsor: Councllor Snyder f( 20J.00 AG-l/Agriculture District. 20J.00.01 Pm:Pose and Intent. The pUtpose of the AG-l! Agriculture District is to recognize and address the needs of agricultural lands and activities located in rapidly developing areas. It is the intention of this district to preserve. and conserve prime agricultural land and protect existing open areas from this encroachment. 20J.Ol Permitted Uses. See Appendix A: Schedule of Uses. 20J.02 Special Uses and Boecial Excc:ptions. (See Chapter 21: Special Uses & Special Exceptions for additional regulations) See Appendix A: Schedule of Uses. 20J.02.01 MinimllT11 Area Req}lirements: Use Minimum Area (Acres) Ten (10) Ten (10) Thirty (30) Commercial Greenhouse Plant Nursery Cemetery 20J.02.02 Other Reauirements: None. 20J.03 Accessory Buildings and Uses: (See Chapter 25: Additional Use Regulations for additional regulations) 20J.04 Height and Area Requirements: (See Chapter 26: Additional Height, Yard and Lot Area Regulations for additional regulations) 20J.04.01 Maximum Height: 1. Principal Building: Thirty-five (35) feet 2. Accessory Building: Twenty-five (25) feet 3. Agricultural Building: Fifty (SO) feet 20J.04.02 Minimum Lot Area: Five (5) acres. Provided, however, any area devoted to feed lot for cattle, hogs or poultry shall be a minimum of five hundred (500) feet from any dwelling which is located on a lot of less than five (5) acres, other than the principal dwelling. Any property owner owning property with an existing use that was a legally permitted use prior to annexation of the land but would not be a legally permitted use within the corporate boundaries of the City shall have twenty-four (24) months in which to apply for a variance and all fees for such application shall be waived. The twenty-four- month period shall run from the effective date of this ordinance if the property is within the corporate boundaries of the City of Carmel on the effective date of this ordinance. The twenty-four-month period shall run from the effective date of the annexation ordinance that annexes the property into the City of Carmel if the property is not within the corporate boundaries of the City of Carmel on the effective date of this ordinance. Ordinance No. Z-417..()3 page 2 -) Sponsor: Councilor Snyder . 20J.04.03 1. 2. 3. Minimnm Lot Standards: Minimum.Front Yard: Fifty (SO) feet Minimum Side Yard: Fifty (SO) feet. Minimum Rear Yard: a. Principal Building: Fifty (SO) feet b. Accessory Building: Fifty (SO) feet c. Agricultural Building: One hundred fifty (150) feet .4. Minimum Lot Width: Three hundred (300) feet S. Maximum Lot Coverage: Fifteen percent (15%) oflot 6. Minimum Ground Floor Area: a. One-Story dwelling: One thousand (1,000) square feet b. Two- or more story Dwelling: Eight hundred (800) square feet 7. Minimum Lot Frontage: Three hundred (300) feet on a Street 8. Maximum Lot Depth-to-WidthRatio: four to one (4:1) Section 3. The following definitions shall be added to 93.07: Definitions: ANIMAL, DOMESTIC. An animal that is tame or domesticated and not normally found ~ the wild state. ANIMAL, EXOTIC. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but rather kept as a pet or for display. ANIMAL, FARM. Any animal that customarily is raised for profit on farms. BUILDING, AGRICULTURAL. Any building or structure customarily used in connection with a farm other than a dwelling. FARM, HORSE. A building or structure and/or land whose operator keeps equines primarily for breeding and boarding and which operation mayor may not be incidental to the owner's primary occupation. A horse farm includes related equestrian trails and equestrian schools. Section 4. The following Primary Zoning District shall be added to 94.01 Zoning Districts Established and Appendix A: Schedule of Uses: AG-l Agriculture District Section 5. The following Use shall be added to Appendix A: Schedule of Uses,' Agricultural Uses: Horse Farm Ordinance No. Z-417-Q3 page 3 Sponsor: Councilor Snyder oj Section 6. The following Use listed in Appendix A: Schedule of Uses,' Agricultural Uses, shall be amended as follows: Raising/Breeding of Non-Farm or Exotic Animals Section 7. The following uses shall be added to Appendix A: Schedule of Uses for the AG-l/ Agriculture District: Permitted Uses: Residential Uses: Dwelling, Single-Family Kennel, Residential Agricultural Uses: Agriculture, General Farm, Horse Transportation and Communication Uses: Collocated Antenna Accessory Uses: Residential Uses: Home Occupation Special Uses: Institutional Uses: Church, Temple, or other place of worship Water Management and Use Facility Educational Uses: Day Nursery/Day Care Retail and Service Uses: Kennel, Commercial Roadside. Sales Stand Veterinary Hospital with Commercial Kenner Veterinary Hospital without Commercial Kennel Agricultural Uses: Commercial GreenhoUse Raising/Breeding of Non-Farm or Exotic Animals Plant Nursery Recreational Uses: Country Club Golf Course Ordinance No. Z-417"()3 page 4 .... ~ Sponsor: Councilor Snyder Private Recreational Development or Facility Miscellaneous: Artificial Lake or Pond (not part of a plat) Cemetery Transportation and Communication Uses: Antenna (If visually integrated with or camouflaged on or within a structure other than a Tower) Private Airplane Landing/Service Facility Private Helicopter Landing/Service Facility Special Exce.ptions: Transportation and Communication Uses: Radio or television transmission tower Wireless Telecommunications Service Tower Section 8. All City ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities. accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced Under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 9. Should any provision or portion of this Ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so long as they can, without the invalid provision, be given the effect intended by the Common Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable. Section 10. This Ordinance shall become effective upon proper passage, signing by the Mayor and such publication as is required by law. Ordinance No. Z-417-03 page 5 Sponsor: Councilor Snyder ir Ordinance No. Z-417-03 PASSED by the Common Council of the City of Carmel, Indiana, this _ day of .2003, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Presiding Officer Kevin Kirby Luci Snyder, President John R Koven Robert Battreall N. 1. Rundle Ronald E. Carter Wayne A. Wilson ATTEST: Diana 1. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-417..Q3 page 6 1 Sponsor: Councilor Snyder Ordinance No. Z-417-03 Presented by me to the Mayor of the City of Cannel, Indiana, o'clock _' m. on the _ day of .2003. at Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-417-03 Approved by me, Mayor of the City of Carmel, Indiana, at o'clock _' m. this _ day of .2003. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: 10hn R. Molitor Carmel/Clay Advisory Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 Ordinance No. Z-417-G3 page 7