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Home My WebLink AboutZ-508-07 Delete Exemptions/Minimum Lot Standardsr-7 LJ ORDINANCE Z-508-07 Sponsor: Councilor Sharp AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance deleting the exemptions for lots in Qualifi4ng Subdivisions from Minimum Lot Standards 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 Resolution No. CC-06-18-07-03 the Common Council has determined that certain of the Exemptions to specific regulations are no longer in the best interest of the City and of the public health, safety and welfare; 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 aRer Docket No. 07070023 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, August 21, 2007, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), as amended, as follows: Section I: ZO CHAPTER 5: S-1/RESIDENCE DISTRICT a. Delete Section 5.04.04 as follows: 5.04.04 Qualifyinp, Subdivisions, Any lot within a Qualifying Subdivision, as described in Chapter 7 of the Subdivision Regulations, is exempt from the requirements of Sections 5.04.02 and 5.04.03. Prepared by John R. Molitor.. Came] Plan Commission Attorney. 09/07/2007 Ordinance Z-50M7 . 1 0 0 ZO CHAPTER 6: S-21RESIDENCE DISTRICT b. Delete Section 604.04 as follows: 6.04.04 Any lot within a Qualifying Subdivision, as described in Chapter 7 of the Subdivision Regulations, is exempt from the requirements of Sections. 6:04.02 and 6.04.03. ZO CHAPTER 7: R-1/RESIDENCE DISTRICT C. Delete Section 7.04.04 as follows: 7.04.04 Any lot within a Qualifying Subdivision, as described in Chapter 7 of the Subdivision Regulations, is exempt from the requirements of Sections 7.04.02 and 7.04.03. ZO CHAPTER 8: R-2/RESIDENCE DISTRICT d. Delete Section 8.04.04 as follows: 8.04.04 Any lot within a Qualifying Subdivision, as described in Chapter 7 of the Subdivision Regulations, is exempt from the requirements of Sections 8.04.02 and 8.04.03. ZO CHAPTER 9: R-3/RESIDENCE DISTRICT e. Delete Section 9.04.04 as follows: 9.04.04 Any lot within a,qualifying subdivision, as described in Chapter 7 of the Subdivision Regulations, is exempt from the requirements of Sections 9.04.02 and 9.04.03. ZO CHAPTER 10: R-4/RESIDENCE DISTRICT f Delete Section 10.04.04 as follows: 10.04.04Any lot within a qualifying subdivision, as described in Chapter 7 of the Subdivision Regulations, is exempt from the requirements of Section 10.04.02. Section 11: 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 7x508-07 PASSED by the Common Council of the City of Cannel, Indiana this lc(o?'-day of?, 2007, by a vote of?. ayes and 0 nays. Prepared by John R. Molitor, Cannel Plan Commission Attorney. 09/07/2007 Ordinance Z-508-07 2 0 COMMON COUNCIL FOR THE CITY OF CARMEL w l3w4wowi Pr ding Officer ffiths, Presit(eht Pro Tempore Ronald E. Cart W. Eric Seid sticker 01 Fre ck J. r Richard L. Sharp ATTEST: CQ Diana L. Cordray, TAMC, C -Treasurer +t ressentedd bty me to the Mayor of the City of Carmel, Indiana this c)O day of 0 2007, at 9`a8 A.M. Diana L. Cordray, IAMC, Cn reasurer Approved by me, Mayor of the City of Carmel, Indiana, this a I-S day of rA&-cj ? 2007, at 10:113 Am. Ja es Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Prepared by John R. Molitor, Carmel Plan 09/07/2007 Treasurer Attorney. Ordinance Z-508-07 3 0 10 CERTIFICATION OF THE CARNIELPLAN COMMISSION'S RECOMMENDATION ON.THE PETITION OF THE CITY OF CARMEL TO ANIEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-.605 ORDINANCE Z-508-07 An Ordinance to Amend Chapter 5: S-1/Residence District, Chapter 6: S-2/Residence District, Chapter 7: R-1/Residence District, Chapter 8: R-2/Residence District, Chapter 9: R-3/Residence District and Chapter 10: R-4111esidence District of the Zoning Ordinance. To: Tire 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. 07070023 OA) to Amend Chapter 5: S-1/Residence District, Chapter 6: S- 2/Residence District, Chapter 7: R-1/Residence District, Chapter 8: R- 2/Residence District, Chapter 9: R- 3/Residence District and Chapter 10: R-4/Residence District of the Zoning Ordinance, in order to modify the development standards. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting on August 21, 2007, the Commission voted ten (10) in Favor; zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z-508-07 with a Favorable Recommendation. Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36-74- 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 (August 24, 2007) is Thursday, November 22, 2007. ATT ST: jCR mona Hancock, Secretary rmel Advisory Plan Commission Dated: August 24, 2007 CARME A OM SSION B I o Dierckman, Preside 2007-0822; Z-508-07: Qualifying Subdivision Exemption Amend PC Certification Received AUG 2 4 2007 Carmel Clerk-Treasurer rase a v, a Counailor Sharp RESOLUTION NO. CC 06618,0203 OOeA '"^ONOFTHECO ONCOUNCIILOFTHECITYOFCARME?1, INDIANA. AMENDING CERTAIN PROVISIONS OF THE ZONING ORDINACY WHEREAS, Chapter 10 of the Carmel City Code (the "Zoning Ordinance") regulates Zoning and Subdivisions for the City ofCammel (the City); and WHEREAS, Article 2 of the Zoning Ordinance (the "Subdivision Control Ordinance) apoeifim the requirements for subdivisions ("Qualifying Subdivisions" and WHEREAS, Chapter 7 of the Subdivision Control Ordinance estsblishea oanain requirements far the inclusion of open spare whhln Qualifying Subdivisions ("Open Space Standards"); and WHEREAS, the Zoning Ordinance contains exemption (the "Excmisdons'7 from the Open Spare Standards for lots within Qualifying Subdivisions as $a rarth in the Subdivision Control Ordinance and ( WHEREAS, lnaium Code 76-7-4.602(6) authorizes the Common Council ofthe City of Carmel (the "Common Council") to initiate the process of amending the Zoning Ordiasn * and WHEREAS, the Common Council has determined that certain of the Exemptions to specific regulations arc oo longer in the best interest of the Cityand of the public hoalth. safety, and welfare. NOW, THEREFORE, BE IT RESOLVED, OW the Common Council of the City of Carmel. Indiana. recommends to the C rmcI Advisory Plan Commission (the'T)an Commission") as follows: SocIion 1: The foregoing Recitals are incorporated herein by this rcfetsrca Scctian 2: The following portions of the Zoning Ordinance should be deleted in their entirety: Chapter 5: S-1 Residence - 5.04.04; Chapter 6 S-2 Residence - 6.0414; Chapter 7: R-1 Residence--7.04.04; Chapter 8:-R•2 Residence-817.04; Chapsor9: R-3 Residence - 9.04.04; and ChspUr 10: R-4 Residence - 1014.04. Section 3. Pursuant to Indiana Code 36-74-602(b), the Plan Commission shall prepare =4 evaluate a proposal to amend the Zoning Ordinance, con Sistenl with this Ramluuon. Page One atTwo Pages . The oN drd of slsdearrurl no ptapexedby T1MRas 0. Paaa6Cmntl Assistant CD aamM . an Am r. M. Anydwna tnredm amG a atbdovsaat an mo ode rsfpansltxtry d ats atxraea ipomar. http://cocdocs.ci.carmel.in.uslweblinkllmageDisplay.aspx?cache=yes&sessionkey=elm... 7/17/2007 0 rage t VI 1 Councilor Sharp PASSED Iq.OW Coomton COMM Of the City ofCarmeL Indiam this l4 dty of , 2007, by a role of S ayes and MO nays. THE CITY Of CARMEL, Brian D. M*o Presented by me to the Me r Of-the city of carmel, Indiana, this i dayof. 2007, of ? 03 _ O'clock. Dian LCoMmy, IAMC, CI Treasumr Approyed by me, Mayor of the City of Carmel, Indiatm, Ibis le day OQ&-L ? 2007, at V03 O'elcek ?. M. U jag& Brainard, Mayor ATTEST. _ Dian L Cerdray, IAMC, Clark-Tmu r Coen Cameil Resolution No. CC-06-1 &07.07 Pogo Two of Two Pops Ttaaroa D. PbLi0. GnrW AotsoMCq' A'turo7, oo,kaiel, PD07. Arh'clnryss htto://encdnes.ci.carmel.in.us/we.hl ink/TmageDi miav.asnx7cache=vesRr_ceasinnkev=WT.Tm... 7/1712(1()7 Fact Sheet Qualifying Subdivision (see also SCO' 7.00) - Major Subdivisions (5+ acres, 5+ lots) with community water and sewer which meet the Standard Open Space Requirement of: a 15% S-1 • 20% S-2, R-1, R-2 25% R-3, R-4, R-5 - Major Subdivisions with a gross density higher than .85 units per acre ...in other words; average lot sizes smaller than 1.18 acres each. Current Requirements for Qualifying Subdivisions (see also SCO' 7.00.01) In return for Open Space and to allow for design flexibility and lot clustering, lots were exempted from minimum area, yard, width and coverage standards. However, the minimum distance between dwellings is 6 feet. If adopted, District Lot Standards to Apply (see also ZO' 5.04, 6.04, 7.04, 8.04, 9.04, and 10.04) If adopted, the following lot standards would apply to all newly created lots. Generally, these standards only apply to meets & bounds parce is minor subdivisions and large lot subdivisions. Distr)ct Lot Standards: S-1 S-2 R-1 R-2 R-3 R-4 Lot Area (sqft) 15,000 12,000 10,000 10,000 8,000 8,000 Front Yard 40' 35' 35' 35' 30' 30' Side Yard Single-family 10' 10' 10' 5' 5' 10' other 20' 20' 20' Aggregate Side Yard Single-family 30' 25' 20' 15' 15' 25' other 50' 40' 40' Rear Yard Single-family 20' 20` 20' 20' 20' 20' other 15' 15' 15' 15' 15' 15' Lot Width Single-family 120' 100' 100' 80' 60' 100' other 200' 200' 200' Lot Coverage (max) 35% 35% 35% 35% 35% 35% Ground. Floor Area One-Story 1,000 1,100 1,100 1,100 Two-Story 800 800 900 900 Single-family 800 Two-family 700/du other 800 SCO = Subdivision Control Ordinance ZO = Zoning Ordinance