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HomeMy WebLinkAboutPackets to City Council 10-20-03 " CARMEL CITY COUNCIL October 20, 2003 Z-417-03: PC Docket No. 162-02 OA Amendment to the Carmel/Clay Zoning Ordinance - Agricultural District The Department of Community Services, as petitioner, requests that the City Council adopt the proposed Agricultural District (see attached Ordinance and Comprehensive Plan Amendment - under separate resolution). Approval of the new district would add an Agricultural District to the Ordinance. The Carmel/Clay Plan Commission forwards this ordinance to the Common Council with a (10-0) Favorable Recommendation (see attached certification). The Department recommends that this item be forwarded to the Annexation and Land Use Committee for further discussion. Background: 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- 1/ Agricultural zoning district. Council Report 2003-1020 Sponsor: Councilor Snyder ORDINANCE NO. Z-417-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Adopting by Reference 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, pursuant to Ordinance No. D-1600-02, the CarmeVClay Zoning Ordinance is incorporated by reference into the Carmel City Code; 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 Carmel 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 CHAPTER20J: AG-lIAGRICULTURE DISTRICT 20J.00 AG-l/Aviculture District. 20J.Ol Permitted Uses. 20J.02 Special Uses and Special Exceptions. 201.03 Accessory Buildine:s and Uses. 20J.04 Heie:ht and Area Reauirements. 20J.05 Variance. Ordinance No. Z-417-03 page 1 Sponsor: Councilor Snyder 20J.00 AG-lIAericulture District. 20J.00.01 Purpose and Intent. The pmpose of the AG-lIAgriculture 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.01 Permitted Uses. See Appendix A: Schedule of Uses. 20J.02 Special Uses and Special Exceptions. (See Chapter 21: Special Uses & Special Exceptions for additional regulations) See Appendix A: Schedule of Uses. 20J.02.01 Minimum Area Requirements: Use Minimum Area (Acres) Commercial Greenhouse Ten (10) Plant Nursery Ten (10) Cemetery Thirty (30) 20J.02.02 Other Requirements: None. 20J.03 Accessorv Buildinl!s and Uses: (See Chapter 25: Additional Use Regulations for additional regulations) 20J.04 Heil!ht and Area Reauirements: (See Chapter 26: Additional Height, Yard and Lot Area Regulations for additional regulations) 20J.04.01 Maximum Heililit: 1. Principal Building: Thirty-five (35) feet 2. Accessory Building: Twenty-five (25) feet 3. Agricultural Building: Fifty (50) 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. 20J.04.03 1. 2. Minimum Lot Standards: Minimum Front Yard: Fifty (50) feet Minimum Side Yard: Fifty (50) feet. Ordinance No. Z-417-03 page 2 Sponsor: Councilor Snyder 3. Minimum Rear Yard: a. Principal Building: Fifty (50) feet b. Accessory Building: Fifty (50) feet c. Agricultural Building: One hundred fIfty (150) feet 4. Minimum Lot Width: Three hundred (300) feet 5. 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-Width Ratio: four to one (4:1) 20J.05 Variance. 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. Section 3. The following definitions shall be added to ~3. 07: Definitions: ANIMAL, DOMESTIC. An animal that is tame or domesticated and not normally found in 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 ~4.01 Zoning Districts Established and Appendix A: Schedule of Uses: AG-l Agriculture District Ordinance No. Z-417-03 page 3 Sponsor: Councilor Snyder "\ Section 5. The following Use shall be added to Appendix A: Schedule of Uses; Agricultural Uses: Horse Farm Section 6. The following Use listed in Appendix A: Schedule of Uses; Agricultural Uses, shall be amended as follows: RaisinglBreeding 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 RaisinglBreeding of Non-Farm or Exotic Animals Ordinance No. Z-417-03 page 4 Sponsor: Councilor Snyder Plant Nursery Recreational Uses: Country Club Golf Course 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 Exceptions: 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 " \ 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. L. Rundle Ronald E. Carter Wayne A. Wilson ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-417 -03 page 6 Sponsor: Councilor Snyder I" , Ordinance No. Z-417-03 Presented by me to the Mayor of the City of Cannel, Indiana, at o'clock _' m. on the _ day of . 2003. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-417-03 Approved by me, Mayor of the City of Cannel, Indiana, at o'clock _' m. this _ day of .2003. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Advisory Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 Ordinance No. Z-417 -03 page 7 \ 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-417-03 An Ordinance to establish the AG-l Agriculture District. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Advisory Plan Commission offers you the following report on the application of the Department of Community Services (Docket No. 162-02 OA) to the Commission to establish the AG-l Agricultural District. The Carmel/Clay Plan Commission's recommendation on the petition of the Department of Community Services is FAVORABLE. At its regular meeting of September 16,2003, 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-417-03 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)(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 this Certification is Thursday, December 25, 2003. mona Hancoc Secretary Carmel/Clay Advisory Plan Commission RECEIVED Dated: Friday, September 26, 2003 \F'P 2 6 ".'1~ <t. _0' 2003-0926; Z-417-o3; AG-l Agriculture Certification CARMEL CLERK TREASURER . oJ . CARMEL CITY COUNCIL October 20, 2003 CC 10-20-03-04: PC Docket 163-02 CPA 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, as petitioner, requests that the City Council. adopt the proposed Agricultural Comprehensive Plan Amendment (see attached Comprehensive Plan Amendment). Approval of the new district would add an Agricultural District to the Ordinance. The Cannel/Clay Plan Commission forwards this ordinance to the Common Council with a (10-0) Favorable Recommendation (see attached certification). The Department recommends that this item be forwarded to the Annexation and Land Use Committee for further discussion. Background: The Common Councils' Annexation and Land Use Committee have forwarded these items to the Plan Commission in December of2002. 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 Cannel/Clay Comprehensive Plan to establish policies for agricultural uses. The second item is an ordinance amendment adopting the AG- 1/ Agricultural zoning district. Council Report 2003-1020 Sponsor: Councilor Wayne Wilson RESOLUTION NO. CC-IO-20-03-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AN AMENDMENT TO THE CARMEUCLAY COMPREHENSIVE PLAN REGARDING AGRICULTURAL ZONING DISTRICTS 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") was approved and recommended by the Carmel Clay Plan Commission on August 20, 1996, and duly approved by resolution 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 Carmel Clay Plan Commission has duly approved, and recommended to the Common Council, an amendment to the community's Comprehensive Plan that determines policies for the Agricultural District; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-509, it hereby adopts this Resolution to approve the following amendment to the comprehensive plan regarding the Home Place District. [See attached Exhibit A] After its adoption, this Resolution shall be filed in the office of the Clerk-Treasurer of the City of Carmel, who shall also forward one (1) copy of this Resolution to the secretary of the Carmel Clay Plan Commission and one (1) copy to the office of the Hamilton County Recorder, all in accordance with IC 36-7-4-509 and other applicable laws. ., , Resolution CC 10-20-03-04 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 Presiding Officer Kevin Kirby Luci Snyder, President Pro Tempore John R. Koven Robert Battreall N. L. Rundle Ronald E. Carter Wayne Wilson ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared By: John R. Molitor Carmel/Clay Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 . EXHIBIT "A" An Amendment to add the following section to the Carmel/Clay Comprehensive Plan: Ae:ricultural 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. Agriculturalland 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-l/ Agricultural District classification, 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.