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HomeMy WebLinkAboutPacket to City Council 01-24-03 ;; MEMORANDUM TO: Carmel City Council FROM: Jone. Dobosiewicz Department of Community Services SUBJECT: Items forwarded by the Plan Commission for action by the City Council DATE: January 24, 2003 Please find information on the following recommendation made by the Plan Commission attached. This item will appear on your January 6th agenda. 1. Z-402-03; Crooked Stick Golf Course PC Docket No. 114-02 Z; Petitioner seeks a rezone from S-l/Residential to P-1IParks.and Recreation on l89.34:t acres. The site is located west of Ditch Road between 106th Street and 1 16th Street. The site is zoned S-l/Residential. 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. 3. Copy of Plan Commission Certification. Council Report 2003-0124.rtf24 . CARMEL CITY COUNCIL February 3, 2003 1. Z-402-03; Crooked Stick Golf Course PC Docket No. 114-02 Z; Petitioner seeks a rezone from S-1/Residential to P-1/Parks and Recreation on 189.34::1: acres. The site is located west of Ditch Road between 106th Street and 116th Street. The site is zoned S-1/Residential. Filed by the Department of Community Services. The subject area (see attached map, last page, Exhibit B of proposed ordinance) is currently zoned S-1/Residential. This zoning classification would permit, among other things, the development of the property into a residential subdivision. This is entirely from a zoning and land use perspective. There may be private covenants and restriction tied to the property which would serve to prevent the same. In the fall of 2001 City Council adopted an amendment to the Zoning Ordinance creating the P-1 (parks and Recreation) zoning district (see attached). The P-1 zoning district is designed to provide areas for historic, park, and recreational uses. It was also created to protect the environment within this district and surrounding districts, by providing only for those uses and for compatible, less intensive urban land uses. Golf Courses and Country Clubs are permitted uses within the P-1. With that said, the rezoning of the property will not require any changes to the current operation of the real estate. The change in zoning would, however, not allow the conversion of all or portions of existing golf course into a residential use without future consideration of a rezoning request by the Plan Commission and City Council thus requiring future public notice and input. The Carmel/Clay Plan Commission forwards this ordinance to the Common Council with a unanimous (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. 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. Council Report 2003-01 24.rtf24 .. CARMEL/CLAY ZONING ORDINANCE CHAPTER 20H: P-l/P ARK & RECREATION DISTRICT 20H.O P-l /P~rk ~nn Recre~tion ni~trict. 20H.l PlIrpo~e ~nn Tntent The purpose of this district is to provide for historic, museum, religious and charitable, and park and recreational uses and to protect the environment within this district by providing only for those uses and for compatible, less intensive urban land uses. 20H.2 Permitten T T~e~: Antenna, if collocated on an existing or previously approved tower Antenna, if visually integrated with or camouflaged on or within a structure other than a tower (such as a chimney stack, church spire, light standard, monument, power line support device, or water tower) Celn.elely Chwc.h, tenlple 01 otllet pla",e of worshIp Country club Golf course Historic site Masewn Park 01 roc.leaiI0.11al d\;;vdujJlllellt 01 fadlity Private dub 01 lod-ge Religluus Ot c.hci.1!table iustitlltloll TennIs 01 tacquetball radlit)' Sec. 20H.2 amended per Ordinance No. Z-378-02. 20H.3 ~peci~l TT~e~: Artificial lake or pond (not part of a plat) Cemetery Church, temple or other place of worship Museum Power transmission line, in excess of 129 KV A School of general elementary or secondary education (accredited by the State) Religious or Charitable institution Sec. 20H.3 amended per Ordinance No. Z-378-02. 20HA ~peci~l F.xct>-ption~: Council Report 2003-01 24.rtf24 Private radio and television reception and transmitting towers and antennas, subject to applicable state and federal regulations (may not be located or permitted within ten (10) feet of a power transmission line) Wireless telecommunications service tower, monopole-type construction only. 20H.5 A re::l R eqnirement~: A. Minimum area: 1. Cemeteries: thirty (30) acres 2. All other uses: three (3) acres B. Minimum front yard: forty (40) feet C. Minimum side yard: twenty (20) feet D. Minimum aggregate of side yard: fifty (50) feet E. Minimum rear yard: fifteen (15) feet F. Minimum lot width: two hundred (200) feet G. Maximum lot coverage: thirty-five percent (35%) oflot H. Minimum ground floor area: one thousand (1,000) square feet. Council Report 2003-0 124.rtf24 Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-402-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REZONING DISTRICT CLASSIFICATION Rezoning the Crooked Stick Golf Course from the 8-1lResidence District Classification to the P- 11Parks & Recreation District Classification WHEREAS, the Carmel/Clay Plan Commission has favorably recommended the rezoning of the real property, the legal description of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED by the Common Council ofthe City of Carmel, Indiana, as follows: Section I: That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the real property from the S-l/Residence District Classification to the P-l/Parks & Recreation District Classification. Section II: All prior Ordinances or parts thereof inconsistent with any provision ofthis 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. 1 Ordinance No. Z-402-03 PASSED by the Common Council of the City of Carmel, Indiana this _ day of 2002, 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 2 ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-402-03 Presented by me to the Mayor of the City of Carmel, Indiana this _ day of 2002, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. z-402-03 Approved by me, Mayor of the City of Carmel, Indiana, this _ day of 2002, at .M. J ames Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney One Civic Square Carmel, IN 46032 3 Ordinance No. Z-402-03 Exhibit A Land Description Crooked Stick Golf Course Part of Section 4, Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of Section 4, Township 17 North, Range 3 East; thence North 00032'03" East (Bearing based on plats for Crooked Stick Estates) and along the East line of said Southwest Quarter 40.00 feet to the Place of Beginning of this tract; thence on the North line of Crooked Stick Estates, Section Seven, a subdivision recorded in P.B. 8, Pages 115-117 in said Recorder's office, the following 5 courses: 1) North 66018'53" West 286.30 feet; 2) North 00041 '03" East 211.82 feet; 3) North 89018'57" West 400.00 feet; 4) South 00041'03" West 58.42 feet; 5) South 88006'17" West 181.01 feet to the Northeast corner of Lot 110 in said Section VII; thence on the east, South and West lines of said lot the next 5 courses: 1) South 00041'03" West 60.01 feet; 2) South 48025'10" East 123.25 feet; 3) South 00001'47" West 125.00 feet; 4) North 89058'13" West 278.04 feet; 5) North 00001'47" East 208.60 feet to the Northeast corner of land described in a deed to D. & L. Cassel, recorded in P.B. 275, Pg. 394 in said Recorder's office; thence on the Northerly lines of said land and also the Northerly lines of land described in a deed to G. & S. Greensberg, recorded in Instrument #90-20965 in said Recorder's office the next 8 courses; 1) South 82045'25" West 364.92 feet; 2) North 00001 '47" East 16.02 feet; 3) North 84018'57" West 108.00 feet; 4) North 61048'57" West 78.00 feet; 5) North 32018'57" West 62.00 feet; 6) North 69006'02" West 53.35 feet; 7) South 68013'23" West 36.23; 8) North 78041'48" West 10.45 feet; thence North 02028'16" East 198.79 feet; thence North 87035'38" West 79.54 feet to the East line of Crooked Stick Estates, Section One, a subdivision recorded in P.B. 5, Page 149-151 in said Recorder's office; thence on said East line the next 4 courses: 1) North 31003'58" West 28.53 feet; 2) North 00027'43" West 96.69 feet; 3) North 68004'52" East 444.24 feet; 4) North 63055'52" East 30.75 to the Southwest corner of Lot 11 in said Section One; thence on the West line of said lot North 07058'30" West 510.62 feet to the North line of said Section One; thence on the North line thereof the next 4 courses: 1) North 89057'35" East 415.44 feet to a point on a non-tangent curve, concave Northerly, having a central angle of 269059'14" and a radius of 50.00 feet; 2) Southerly, Easterly and Northerly on said curve an arc distance of 235.61 feet (said arc having a chord bearing of South 45002'48" East and a length of 70.72 feet) to the point of tangency thereof; 3) NorthOoo02'48" West 50.00 feet; 4) North 89057'35" East 239.59 feet to the Northeast corner of Lot 14 in said Section One; 4 , thence continuing North 89057'35" East 50.40 feet to a stone with a cut cross at the Southeast corner of Executive Estates, a subdivision recorded in P.B. 3, Page 8-9 in said Recorder's office; thence North 00031'09" East on and along the East line of said Executive Estates, 601289 feet to a point which is 732.52 feet South 00029'22" West of the South line of the Northwest Quarter of said Section 4; thence North 44052'11" East 0.53 feet to the Southeast corner of Crooked Stick Estates, Section Three, recorded in P.B. 5, Pages 155-157 in said Recorder's office; thence on the West and North lines of land described in a deed to Crooked Stick Golf Club, Inc., recorded as Instrument #83-7623 in said Recorder's office the next two courses: 1) North 00031'43" East 274.86 feet; 2) South 89028'17" East 268.60 feet to the East line of Lot 52 in said Section Three; thence North 00034'45" East on said East line 192.67 feet; thence North 89028'17" West 185.47 feet to a point on a non-tangent curve, concave Westerly, having a central angle of 36052'07" and a radius of 50.00 feet; thence Northerly on said curve an arc distance of 32.17 feet (said arc being subtended bya chord having a bearing of North 18057'27" East and a length of 31.63 feet) to the North line of said Lot 52; thence South 89028'17" East on said North line 175.50 feet to the Northeast corner of said lot; thence North 00034'45" East parallel with the East line of the Southwest Quarter of said Section 4, 237.34 feet to a point on the North line of said Southwest Quarter which is 400.00 feet South 89058'00" West of a stone at the center of said Section 4; thence North 26045'13" West 456.96 feet; thence North 25022'26" West 234.94 feet; thence North 13008'24" East 96.98 feet; thence North 4033'53" East 80.75 feet; thence North 08020'38" West 73.00 feet; thence North 07047'08" East 47.62 feet; thence North 20041'03" East 40.00 feet; thence North 42041'03" East 40.00 feet; thence North 42041'03" East 30.00 feet; thence North 23046'00" East 191.58 feet; thence South 76017'12" East 78.41 feet; thence South 61034'14" East 564.88 feet; thence South 78026'11" East 222.43 feet; thence South 83056'26" East221.10 feet; thence North 71047'34" East81.05feet; thence North 06016'11"West 72.18 feet; thence North 16005'11" West 22.452 feet; thence North 19015'26" West 137.39 feet; thence North 23046'06" East 44.37 feet; thence North 27039'36" West 168.73 feet; thence North 00016'24" East 74.47 feet; thence North 63021'52" West 22.30 feet; thence North 74048'45" West 147.19 feet; thence North 70002'48" West 131.00 feet; thence North 88021'31" West 146.65 feet; thence North 72026'36" West 140.69 feet; thence North 24036'02" West 89.51 feet; thence North 07003'44" East 318.59 feet; thence South 89042'01" East 600.01 feet; thence South 80043'40" East 204.61 feet; thence South 85021 '58" East 195.55 feet to the Southeast corner of Lot 45 in Crooked Stick Estates, Section II, the plat of which is recorded in Plat Book 5, Pages 152-154 in said Recorder's office; thence on the East line of said lot North 00031 '05" East 20.02 feet to the Southeast corner of land described in a deed to D.H. Webb, recorded as Instrument #95-3626 in said Recorder's office; thence on the South and East lines of said land the next 3 courses: 1) South 86040'38" East 281.68 feet; 2} thence North 73043'52" East 302.93 feet; 3) thence North 00032'04" East 415.15 feet to the North line of the Northeast quarter of Section 4, Township 17 North, Range 3 East; thence on said North line North 89053'34" East 213.14 feet to the Northwest corner of land described in a deed to T.L. Johnson, recorded as Instrument #88-14046 in said Recorder's office; thence on the West line of said land South 00039'48" West 293.00 feet; thence on the South line of said land North 89053'34" East 160.00 feet to a point on the East line of the West Half of said Northeast Quarter, said point being the Southwest corner of land described in a deed to E. Hourigan, recorded as Instrument #94-48197 in said Recorder's office, thence on the South line of said land North 65009'41" East 321.31 feet; thence on the Southeast line of said land North 55049'39" East 109.99 feet; thence on the East line of said land North 00006'59" West 96.94 feet to a point on the North line of the Northeast Quarter of said Section 4; thence on the North line thereof North 89053'34" East 147.79 to the West line of Crooked Stick Estates, Section IV the plat of which is recorded in P.B. 5, Pages 158-160 in said Recorder's office; thence on the Westerly and Southerly lines of said land the next 21 courses; 1) South 00007'22" East 69.21 feet; 2) South 39031'21" East 145.59 feet; 5 3) thence South 26002'35" West 254.56 feet; 4) thence South 81029'20" East 289.39 feet; 5) thence South 37036'10" West 554.46 feet; 6) thence South 56059'10" West 275.24 feet; 7) thence South 61035'25" West 233.68 feet; 8) thence South 44047'45" West 138.71 feet; 9) thence South 72006'40" West 87.35 feet; 10) thence South 78020'30" West 61.31 feet; 11) thence South 23025'20" West 55.80 feet; 12) thence South 05051'45" West 147.15 feet; 13) thence south 54007'45" East 120.47 feet; 14) thence South 37051'55" East 330.32 feet; 15) thence North 89038'00" East 265.59 feet; 16) thence South 61007'30" East 130.00 feet; 17) thence North 39036'40" East 274.32 feet; 18) thence North 19005'50" East 254.03 feet; 19) thence North 52057'20" East 58.60 feet; 20) thence South 84013'20" East 90.00 feet; 21) thence South 43045'05" East 99.98 feet to the West line of Crooked Stick Estates; Section V, the plat of which is recorded in P.B. 2, Page 272 in said Recorder's office; thence on the Westerly and Southerly lines of said Section V the following 11 courses: 1) thence South 15029'45" West 149.64 feet; 2) thence South 62048'50" West 145.76 feet; 3) thence South 11004'05" West 172.68 feet; 4) thence South 29046'55" West 306.01 feet; 5) thence South 38024'10" West 114.13 feet; 6) thence South 03054'50" West 244.64 feet; 7) thence South 15059'00" West 112.48 feet to a point which is 290.00 feet North 89035'10" East and 50.00 feet North 00024'50" West of the Southwest corner of the East Half of the Northeast Quarter of said Section 4; 8) thence South 89035'31" West parallel with the South line of the East Half of the Northeast Quarter of said Section 4, 164.50 feet to the point of curvature of a curve to the right with a radius of 397.24 feet; the radius point of which bears North 00024'29" West 397.24 feet from said point of curvature; 9) thence Northwesterly on and along said curve to the right 112.73 feet to a point which bears South 15051'31" West 397.24 feet from the radius point of said curve; 10) thence North 74008'58" West 171.65 feet to the point of curvature of a curve to the left with a radius of 175.00 feet; the radius point of which bears South 15051'02" West 175.00 feet from the point of curvature of said curve; 11) thence Westerly and Southwesterly on and along said curve to the left 272.25 feet to a point which bears North 73017'07" West 175.00 feet from the radius point of said curve, said point being the Northeast corner of Lot #10 in Spring Run Estates, Section One, as per plat thereof, recorded in Plat Book 2, page 272 in the Office of the Recorder of Hamilton County, Indiana; thence North 72031'27" West on and along the Northerly line of said Lot #10,21.73 feet; thence North 89047'44" West on and along the North line of said Spring Run Estates and the North line of the West Half of the Southeast Quarter of Section 4, 646.10 feet to the Northwest corner of Lot #12 in said Spring Run Estates; thence South 00034'43" West on and along the West line of Lots #12 and #13 in said Spring Run Estates and their extensions 460.30 feet to the Southwest corner of said Lot #13; thence South 89047'44" East on and along the South line of Lots #13 and #14 in said Spring Run Estates 494.91 feet to the Southeast corner of said Lot #14; thence South 00030'18" West 61.19 feet to the North corner of land described in a deed to J. & C. Zachery, recorded in P.B. 353, Page 593 in said Recorder's office; thence on the West line of said land South 005008'06" West 201.37 feet; thence on the South line of said land South 85027'35" East 60.93 feet; 6 thence South 11044'56" East 209.78 feet to the North corner of land described in a deed to P.F. and AE. Muller, recorded in P .B. 335, Page 399 in said Recorder's office; thence on the North line of said land South 89035'02" West 20.00 feet; thence on the West line of said land South 00030'18" 220.00 feet; thence on the South line of said land South 89057'05" East 40.00 feet to the West line of said Spring Run Estates subdivision; thence on said West line the next 14 courses: 1) South 04031'21" East 73.17 feet; 2) thence South 12043'00" West 385.84 feet; 3) thence South 99030'18" West 270.32 feet; 4) thence South 40047'28" East 244.29 feet; 5) thence South 23051 '11" East 95.53 feet; 6) thence South 67029'42" East 80.00 feet; 7) thence South 34029'42" East 70.00 feet; 8) thence South 89029'42" East 130.00 feet to the West line of Crooked Stick Lane; 9) thence South 00030'18" West on and along said West line 44.84 feet to the point of curvature of a curve to the right with a radius of 1485.00 feet; 1 0) thence Southerly on and along said curve to the right and on and along said West line of Crooked Stick Lane 129.59 feet; 11) thence South 05030'18" West on and along said West line of Crooked Stick Lane 40.25 feet to the point of curvature of a curve to the left with a radius of 1535.00 feet; 12) thence Southerly on and along said curve to the left on and along said West line of Crooked Stick Lane 133.95 feet; 13) thence South 00030'18" West on and along said West line of Crooked Stick Lane, 22.41 feet to the point of curvature of a curve to the right with a radius of 25.00 feet; 14) thence Southwesterly on and along said curve to the right 39.05 feet to the North right-of-way line of 106th Street; thence North 89056'59" West on and along the North line of 106th Street, 276.95 feet to the Southeast corner of Lot #24 in said Spring Run Estates; thence on the East line of said lot North 00003'01" East 219.09 feet; thence on the North line of said lot North 64014'19" West 277.10 feet; thence North 78053'33"West91.98.feet on the North line of Lot 25 in said subdivision to the Easterly corner of land described in a deed to S.R. & J.A young, recorded in Instrument #82-33699 in said Recorder's office; thence on the North line of said land the next 3 courses: 1) thence North 72037'09" West 133.62 feet; 2) thence South 56021 '56" West 68.20 feet; 3) thence South 39050'38" West 133.64 feet to the Northeast corner of land described in a deeds to F.B. & AA Hovde, recorded in P.B. 352, Page 993, P.B. 352, Page 564 and P.B. 332, Page 777 in said Recorder's office thence on the lines of said land the next 4 courses: 1) thence south 56034'32" West 238.67 feet; 2) thence South 50032'41" West 54.43 feet; 3) thence North 89056'59" West 108.13 feet; 4) thence South 00039'42" West 90.00 feet to the Point of Beginning, containing 195.579 acres, more or less, subject to rights-of-way, easements and restrictions. ALSO That real estate within Lot 27 of Spring Run Estates which lies North and West of real estate conveyed to F. Boyd Hovde and Alice A. Hovde per Warranty Deed recorded among the records of the Hamilton County Recorder in Deed Book 332, Page 777: Part of Lot 27 in Spring Run Estates, Section One, the plat of which is recorded in Plat Book 2, page 272 in the Office of the Recorder of Hamilton County, Indiana, and part of the West Half of the Southeast Quarter of Section 4, Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as 7 follows: Beginning at the Southwest corner of said Lot 27; thence along the South line thereof South 89 degrees 58 minutes 48 seconds East 150.00 feet; thence parallel with the West line of said Lot 27 North 00 degrees 32 minutes 03 seconds East 90.00 feet to an angle point on the North line of said Lot 27 which lies South 89 degrees 58 minutes 48 seconds East 150.00 feet from the Northwest corner of said Lot 27; thence continue North 00 degrees 32 minutes 03 seconds East 34.63 feet to a point which bears North 50 degrees 30 minutes 31 seconds East 195.88 feet from point of beginning; thence South 50 degrees 30 minutes 31 seconds West 195.88 feet to the Point of Beginning, containing 0.215 acres, more or less. EXCEPTING That real estate conveyed to James Steven Irsay and Margaret Mary Irsay per Corporate Warranty Deed recorded among the records of the Hamilton County Recorder in Instrument Number 9809809597: Part of the West half of the Northeast Quarter of Section 4, Township 17 North, Range 3 East, in Hamilton County, Indiana, being described as follows: Commencing at the Northeast corner of said West half; thence South 89 degrees 52 minutes 35 seconds West along the North line thereof a distance of 160.00 to the Northeast corner of a tract of land described in Instrument NO. 9503625 in the Office of the Recorder of Hamilton County, Indiana and the Point of Beginning; thence South 00 degrees 39 minutes 21 seconds West along the East line thereof a distance of 293.00 feet; thence South 89 degrees 52 minutes 35 seconds West parallel with the North line of said Half Quarter Sections distance of 212.44 feet to the West line of said tract of land; thence North 00 degrees 31 minutes 05 seconds East along said West line a distance of 292.99 feet of the Northwest corner thereof; thence North 89 degrees 52 minutes 35 minutes seconds East along the North line of said Half Quarter Section a distance of 213.14 feet to the Point of Beginning. Containing 1.43 acres, more or less. EXCEPTING That real estate conveyed to Jean A. Leeper per Quitclaim Deed recorded among the records ofthe Hamilton County Recorder in Instrument Number 9809818687: A part of the West Half of the Southeast Quarter of Section 4, Township 17 North, Range 3 East in Hamilton County, Indiana, being more particularly described as follows: Beginning at the Northwest comer of Lot 17 in "Spring Run Estates-Section One" the plat of which is recorded by fustrument #9431, in Book 2, page 272 in the Office of the Recorder of Hamilton County, fudiana, thence South 11 degrees 47 minutes 36 seconds East along the West line of said lot 209.78 feet; thence North 86 degrees 49 minutes 16 seconds West 87.87 feet; thence North 04 degrees 25 minutes 28 seconds West 205 .87 feet to a point which bears North 85 degrees 29 minutes 36 seconds West 60.93 feet from the place of beginning; thence South 85 degrees 29 minutes 36 seconds East 60.93 feet to the Place of Beginning, containing 0.347 acres, more or less. 8 Ordinance No. Z-402-03 Exhibit B Crooked Stick Golf Course 9 CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO REZONE PROPERTY COMMONLY KNOWN AS CROOKED STICK GOLF COURSE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No....z 19S 82"'%-"I01...D3 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application (Docket No. 114-02 Z) of the City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to rezone property commonly known as Crooked Stick Golf Course: 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 ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. ~th a Favorable Recommendation. Z.'lo'Z..o~ 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 J Dobosiewicz, Acting etary armel/Clay Plan Commission Dated: Friday, December 27,2002 RECEIVED I 7 2002 CArRMEL CLERK REASURER