HomeMy WebLinkAboutZ-512-07 Cultural & Entertainment Uses/US31Sponsor: Councilor Sharp
ORDINANCE Z-512-07
AN ORDINANCE OF THE COINI ON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance limiting Cultural & Entertainment Uses in the US 31 Corridor Overlay Zone
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 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;
NOVV, THEREFORE, BE IT ORDAINED by the. Common Council of the City of
Cannel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 07090002 OA
having received a favorable recommendation from the Carmel Advisory Plan Commission on
Tuesday, October 16, 2007, it hereby adopts this Ordinance to amend the Carmel Zoning
Ordinance (Ordinance No. Z-289, as amended), as amended, to read as follows:
Section I:
ZO CHAPTER 23B: U.S. HIGHWAY"31 CORRIDOR OVERLAY ZONE
a. Amend Section 23B.05 to read:
23B.05
23B.05.01 Excluded Uses: See Appendis.4: Schedule of Uses.
23B.05.02 Retail & Service Uses:
Retail and service uses may be included in one or more buildings witltin a DP, subject to the
following:
A. Retail and service uses may comprise up to:
(1) Fifteen percent (15%) of the Gross Floor Area (GFA) of any building; or,
1.1/09/2007
Ordinance Z.-512-07
1
(2) Up to thirty percent (30%) of the GFA of one building may be retail and service
uses, provided that:
(a) Total square footage of retail and service uses designated in the
development plan does not exceed fifteen percent (15%) of the GFA of
all buildings combined; or,
(b) Retail and service uses over fifteen percent (15%) of the GFA of any
one building be located on the ground floor or below grade.
B. The Commission may grant a waiver to allow retail and service uses to be located on
floors other than ground or below-grade, pursuant to the criteria found in Section
23B.02(G).
236.05.03 Cultural & Entertainment Uses:
Cultural and Entertainment uses may be included in one or more buildings within a DP, subject to
the following:
A. Cultural and Entertainment Uses may comprise up to:
(1) Fifteen percent (15%) of the Gross Floor Area (GFA) of any building; or,
(2) Up to thirty percent (30%) of the GFA of one building may be Cultural and
Entertainment Uses, provided that:
(a) Total square footage of Cultural and Entertainment Uses designated in
the development plan does not.?exceed fifteen percent (15%) of the
GFA of all buildings combined; or,
(b) Cultural and entertainment Uses over fifteen percent (15%) of the GFA
of any one building be located on the ground floor or below grade.
6. The. Commission may grant a waiver to allow cultural and entertainment uses to be
located on floors other than ground or below-grade, pursuant to the criteria found in
Section 23B.02(G).
I 1109Y2007
Ordinance Z-512-07
2
Section ll: 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 Z-512-07 PASSED by the Common Council of the City of Carmel, Indiana this
day ofZ)ty /y 2007, by a vote of 2D ayes and Z) nays.
COMMON COUNCIL F R THE CITY OF CARMEL
/--=a >V oT 10P 0-S c NT
siding Officer Kevin Kirby
Pro Tempore
Ronald E. Carte
Fredr' J. Glase
ATTEST:
Diana L. Cordray, IAMC,
Mark Ratteimann
W. Eric Seid sticker
Richard L. Sharp
11109/2007
Ordinance Z-512-07
3
Ordinance Z-512-07 Presented by me'to the Mayor of the City of Carmel, Indiana this
11 day of o.• *A?A, 2007, at -7: DU Q.M.
Diana L. Cordray, IAMC, Clerk-T a urer
Ordinance 71512-07 Approved by me, Mayor of the City of Carmel; Indiana, this 17
day ofb--ocz Y,-W, '2007, at 7-.Db P.M.
Ames ainard, Mayor
ATTEST`.
Diana L. Cordray, IAMC,
Prepared by: John R. Molitor
Carmel Plan Commission Attorney
One Civic Square
Carmel, A' 46032
11109/2007
Ordinance Z-512-07
4
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z-512-07
An Ordinance to Amend Chapter 2313: US Highway 31 Corridor Overlay Zone-of the Zoning
Ordinance
To: The 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. 07090002 OA) to Amend Chapter 2313: US Highway 31 Corridor Overlay
Zone in order to limit hotel and other cultural/entertainment land uses.
The Cannel Advisory Plan Commission's recommendation on the. petition is. FAVORABLE.
At its regular meeting on October 16, 2007 the Commission voted eight (8) in Favor, one (1) Opposed
(Eric Seidensticker), zero (0) Abstaining, to forward to the Common Council the proposed Ordinance 2-
512-07 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 (October 23, 2007) is Sunday,
January 20, 2008.
AT ST:
Ra4nona Hancock, Secretary
Carmel Advisory Plan Commission
Dated: October 23, 2007
CARMEL PI-AN COMMISS N
C
BY:
Leo Dierckman, President L-1
2007-1018; Z-512-07; US 31 Overlay Amend PC Certification
Rec e;; Ired
OCT 2 2 2001
Cannel
C1erk•7rM',,, r