HomeMy WebLinkAboutMemo to City Council 12-27-02
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MEMORANDUM
TO: Carmel City Council
FROM: Jon C. Dobosiewicz
Department of Community Services
SUBJECT: Items forwarded by the Plan Commission for action by the City Council
DATE: December 27, 2002
Please find information on the following recommendation made by the Plan Commission
attached. This item will appear on your January 6th agenda.
1. Z-401-02; Amendments to the Carmel/Clay Zoning Ordinance - Patch #4:
Flood Hazard District Amendments
P C Docket No. 150-02a OA;
The petitioner seeks to make several corrective amendments to Chapter 22: Special Flood
Hazard Areas of the Zoning Ordinance in anticipation of the adoption of new Flood Insurance
Rate Maps by the Federal Emergency Management Agency.
Filed by the Department of Community Services.
The information has been arranged in the following format:
1. First page( s) include brief description of Ordinance and background information.
2. Copy of Ordinance. Copied on yellow paper.
3. Copy of Plan Commission Certification. Copied on blue paper.
Council Report 2002-12-277
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CARMEL CITY COUNCIL
January 6, 2003
1. Z-401-02; Amendments to the CarmeJlClay Zoning Ordinance - Patch #4:
Flood Hazard District Amendments
P C Docket No. 150-02a OA;
The petitioner seeks to make several corrective amendments to Chapter 22: Special Flood
Hazard Areas of the Zoning Ordinance in anticipation of the adoption of new Flood Insurance
Rate Maps by the Federal Emergency Management Agency.
Filed by the Department of Community Services.
Please refer to the attached Ordinance. This ordinance is a portion of a larger set of
amendments and only addresses Chapter 22 of the Zoning Ordinance regarding flood hazard
areas.
The Department recommends that the Ordinance Amendment (Z-401-02) be forwarded
to the City Council with a favorable recommendation.
The Carmel/Clay Plan Commission forwards this ordinance to the Common Council with a
unanimous (11-0) Favorable Recommendation (see attached certification).
The Department recommends that this item be forwarded to the Annexation and Land
Use Committee for further discussion.
However, if there are not issues warranting further discussion by the committee the
Department would recommend suspension of the rules and approval of the Ordinance at
the next council meeting on January 20th. '
Council Report 2002-12-277
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Sponsor(s): Councilor Wayne Wilson
ORDINANCE NO. Z-401-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance amending Chapter 22: Special Flood Hazard Areas of
the Carmel/Clay Zoning Ordinance in anticipation of the adoption of
revised Flood Insurance Rate Maps on February 19, 2003
WHEREAS, the Federal Emergency Management Agency has prepared revised Flood
Insurance Rate Maps to be adopted February 19,2003; and
WHEREAS, the Indiana Department of Natural Resources requires that certain technical
amendments be made to Chapter 22: Special Flood Hazard Areas of the Carmel/Clay Zoning
Ordinance in anticipation of the adoption of the aforementioned revised maps; and
WHEREAS, the Carmel/Clay Advisory Plan Commission has reviewed the
aforementioned technical amendments to Chapter 22: Special Flood Hazard Areas of the
Carmel/Clay Zoning Ordinance and forwarded them to the Common Council with a Favorable
Recommendation;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section I:
a. Amend Section 22.03: The Duties of the Director of the Department of Community
Services; fE to read:
22.03 The Duties of the Director of the Department ofComrnunitv Services.
E. Maintain a record of the engineer's certificate and the "as-built" floodproofed elevation
of all building subject to Section 22.087 of this Ordinance.
b. Amend Section 22.04: Regulatory Flood Elevation; fA to read:
22.04 Regulatory Flood Elevation.
A. The regulatory flood elevations for the SFHAs of White River, Cool Creek, Hot Lick
Creek, Williams Creek, Henley Creek, and Carmel Creek, within Clay Township, shall
be as delineated on the lOa-year flood profiles in the Flood Insurance Study of the City of
Carmel dated November 19, 1980 February 19, 2003, and the corresponding Flood
BmmdarylFlood'llaY Insurance Rate Maps, dated May 19, 1981 February 19, 2003, as
well as any future updates, amendments, or revisions, prepared by the Federal Emergency
Management Agency with the most recent date.
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c.
Amend Section 22.05: Improvement Location Permit For Construction Within The
Special Flood Hazard Zone (SFHA);- JB; JJ2 to read:
22.05 Improvement Location Permit For Construction Within The Special Flood Hazard Zone (SFHA).
B. Upon receipt of an application for an Improvement Location Permit, the Director shall
determine if the site is located within an identified floodway, floodway fringe, or within
the floodplain where the limits of the floodway have not yet been determined.
2. If the site is located in an identified floodway fringe, then the Director may issue
an Improvement Location Permit provided the provisions contained in Sections
22.06 and 22.07 of this Ordinance have been met. . The lowest floor of any new
or substantially improved structure shall be. at or above the Flood Protection
Grade (two (2) feet above the IOO-year ~elevation as specified by Section J.l-()
Indiana f.dmmistrative Code a 1312 Indiana Administrative Code 10).
d. Amend Section 22.07: Protecting Existing Buildings; JA; JJl to read:
22.07 Protecting Existing Buildings.
A. This building protection requirement applies to the following situations:
1. construction or placement of any new building having an enclosed area greater
than four hundred (400) square feet; aT having an enelased area greater than
aRe hURdred (100) sE):UaTe feet;
e. Amend Section 22.07: Protecting Existing Buildings; JA; JJ2(a) to read:
22.07 Protecting Existing Buildings.
A. This building protection requirement applies to the following situations:
2. structural alterations made to:
a. an existing strueture (previously unaltered) building, the cost of which
equals or exceeds fifty percent (50%) of the value of the pre-altered
building (excluding the value of the land);
f. Amend Section 22.07: Protecting Existing Buildings; JA; JJ4 to read:
22.07 Protecting Existing Buildings.
A. This building protection requirement applies to the following situations:
4. placement of a tra'lel trailer recreational vehicle on a site for more than one
hundred eighty (180) days.
Ordinance No. Z-401-02
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Amend Section 22.07: Protecting Existing Buildings; ~B; ~~2(a)(1) to read:
22.07 Protecting Existing Buildings.
B. This building protection requirement may be met by one of the following methods. The
Director shall maintain a record of compliance with these building protection standards as
required in Section 22.03 of this Ordinance.
2. A residential or non-residential building may be elevated in accordance with the
following:
a. The building or improvements shall be elevated on posts, piers,
columns, extended walls, or other types of similar foundation provided:
1) Walls of any enclosure below the elevated floor shall be
designed to automatically equalize hydrostatic flood forces on
the walls by allowing for the entry and exit of flood waters,
through providing a minimum of two (2) openings (in addition
to doorways and windows) having a total area of one (1)
square inch feat for every one (1) ~ square foot feet of
enclosed area subject to flooding. The bottom of all such
openings shall be no higher than one (1) foot above grade.
h. Amend Section 22.07: Protecting Existing Buildings; ~B; ~~4 to read:
22.07 Protecting Existing Buildings.
B. This building protection requirement may be met by one of the following methods. The
Director shall maintain a record of compliance with these building protection standards as
required in Section 22.03 of this Ordinance.
4. Recreational vehicles placed on site shall either:
1. Amend Section 22.10: Disclaimer of Liability to read:
22.10 Disclaimer of Liability.
The degree of flood protection required by this Ordinance is considered reasonable for regulatory
purposes and is based on available information derived from engineering and scientific methods of
study. Larger floods can and will occur on rare occasions. Therefore, this Ordinance does not
create any liability on the part of the community, the Department of Natural Resources, or the
State of Indiana, for any flood damage that results from reliance on this Ordinance or any
administrative decision made lawfully thereunder.
J. Amend Section 22.11: Violations to read:
22.11 Violations.
Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with the
requirements of a permit or conditions of a variance shall be deemed to be a violation of this
Ordinance. All violations shall be considered a common nuisance and be treated as such in
accordance with the provisions of the Zoning Code for the City of Carmel/Clay Township, and
shall be subject to citation and fme in accordance with Chapter 34: Zoning Violations City Code
8eetisHS 10 160 through 10 164, melllsi'/e.
A. A separate offense shall be deemed to occur for each day the violation continues to exist.
B. The Carmel/Clay Plan Commission shall inform the owner that any such violation is
Ordinance No. Z-40 1-02
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C.
considered a willful act to increase flood damages and therefore may cause coverage by a
Standard Flood Insurance Policy to be suspended.
Nothing herein shall prevent the City of Carmel/Clay Township from taking such other
lawful action to prevent or remedy any violations. All costs connected therewith shall
accrue to the person or persons responsible.
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k. Amend Section 22.12: Abrogation and Greater Restrictions to read:
22.12 Abrogation and Greater Restrictions.
This Ordinance repeals and replaces other ordinances adopted by the City Council to fulfill the
requirements of the National Flood Insurance Program. However, this Ordinance does not repeal
the original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this
Ordinance repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
Where this Ordinance or other Ordinance easements, covenants, or deed restrictions conflict or
overlap, whichever imposes the more restrictive restrictions shall take precedence. In addition, the
City Council shall assure that all National Flood Insurance regulations (Contained in 44 CFR 60.3)
and State Floodplain Management regulations and laws (310 L^~C 6 1 1312 lAC 10, IC 13 222
IC 14-28-1 and IC 13 222.5 IC 14-28-3) are met.
1. Amend Section 22.15: Definitions; ~P: LOWEST FLOOR; ~~4(a) to read:
22.15: Definitions.
P. LOWEST FLOOR - means the lowest of the following:
4. the top of the floor level of any enclosure below an elevated building where the
walls of the enclosure provided any resistance to the flow of flood waters unless:
a. the walls are designed to automatically equalize the hydrostatic flood
forces on the walls by allowing for the entry and exit of flood waters,
by providing a minimum of two (2) openings (in addition to doorways
and windows) having a total area of one (1) square feet inch for every
fWe one ~ (1) square feet foot of enclosed area subject to flooding.
The bottom of all such openings shall be no higher than one (1) foot
above grade.
m. Amend Section 22.15: Definitions; ~U: SFHA or SPECIAL FLOOD HAZARD AREA to
read:
22.15: Definitions.
U. SFHA or SPECIAL FLOOD HAZARD AREA - means those lands within the
jurisdiction of the City that are subject to inundation by the regulatory flood. The SFHAs
of the City are generally identified as such on the Flood Insurance Rate Map of the City
prepared by the Federal Emergency Management Agency and dated May 19, 1981
February 19, 2003.
Ordinance No. Z-401-02
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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-40l-02 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
Wayne Wilson, President Pro Tempore
John R. Koven
Robert Battreall
N. L. Rundle
Ronald E. Carter
Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-401-02
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Ordinance No. Z-401-02 Presented by me to the Mayor of the City of Carmel, Indiana
this day of ,2003, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-401-02 Approved by me, Mayor of the City of Carmel, Indiana, this
day of ,2003, at .M.
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by:
John R. Molitor
Carmel/Clay Plan Commission Attorney
One Civic Square
Carmel, IN 46032
J ames Brainard, Mayor
Ordinance No. Z-401-02
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CERTIFICATION OF THE CARMEL/CLAY
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
DEPARTMENTOFCO~TYSERVICES
TO AMEND THE CARMEL/CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-401-02
Patch IV a Flood Hazard Amendment
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.150-02a OA) the Commission to amend Chapter 22: Flood Hazard Districts.
The Carmel/Clay Advisory Plan Commission's recommendation on the petition of the Department of Community
Services is FAVORABLE.
At its regularly scheduled meeting of December 17, 2002, the Carmel/Clay Advisory Plan Commission voted eleven
(11) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance
No. ZAOI-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)(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, March 27,2003.
CARMEL/CLAY PLAN COMMISSION
By:M~
Marilyn Ande son, President
Dobosiewicz, Acti g Secretary
armel/Clay Plan Commission
RECEIVED
Dated: Friday, December 27, 2002
2 7 2002
CArAMEL crEAK
REASURER
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