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Home My WebLink AboutZ-512-07 Sponsor: ~ouncilor Sharp ORDINANCE Z-512-07 AN ORblNANCE OF THE COMMON COUNCIL OF THE CITY OF"CARMEL, [NDlANA An Ordinance limiting Cultural & Entertainment Uses ill the US 31 Corrido}' Overlay Zone WHEREAS, pursuant to the Advisory P.lanning Law of the Stateoflndiana (contairied In Ie 36-7-4), each unit of local ,govenunent that wishes to adoptl.and use aild 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 :"Comprchensive Plan") Docket No. 16-96 CP \vas given a favorable recommendatton 'by the Cannel/Clay Advisory Plan Commission on August 20, 1996, arid duly approved by,Resolution No. Cc-09-Ci3-96-03'of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the"City of Carinel and Clay Township; and WHEREAS, the City wishes '10 maintain an orderly, consistent ahq 's~reamlined Zoning Ordinance; and \VHEREAS, pursuant to Indiana Code 36-7-4-602 the COOlman Council is authorized to ah1end the text of the. zoning ordinance;. and \VHEREAS; pursuant to Indiana Code 36-7-4-610 .and City of Cannel Ordinance No. D~ 1600-02, the Carh1el Zoillng'and Subdivision Control Ordinances are ,incorporated by reference into the Cannel City Code; NO\\', THEREFORE, BE IT ORDAJNED by the. Comtnon Council of the City of Cannel, Indiana, that, .pursuant to Ie 36-7-4~600 eL seq. and after Docket No. 07090002 OA having receive~ a .favorable recommendation from the Camlel 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, tOTead as follows: Section I: ZO CHAPTER 23B: U.S. HIGHWAY31C,ORRIDOROVERLAY ZONE a. Amend Section 23B.05 to re,ad: 23B.05 23B.05.0t Exclude-dUses: ~ee Appendix.4: Scheelrde o/Uses. 23B.05.02 Retail & Service Uses: Retail and service lIses may be included in one or more buildings within a DP, subject to the follo......ing: A. Retail and service uses may comprise up to: (1) Fifteen perccnI{15%) of the Gross Ploor Area (GFA) of any building; or, l.II09/200'l Ordinance Z-512.07 I r.~ir:)f}. ~."><~ t~ j E'ro' :.~~~~..i ~,i" ~,C~, ] 1/091200 7 R (2) Up to thirty percent (30%) of the GFA of aile building may be retail and service uses, provided that: (a) Total square footage of reta'il and service uses., <,lesignated in the developnl.em plan does riot exceed fifteen percent (15,%) of the OF A of all buildings combined; or, (b) Retail and service uses overfifteen .percellt (ISYIl) of the GFA of any one building be located on the ground floor or below grade. The Commission may grant. a waiver tD <lllow retilil and service uses to be !oca~ed on floors other than groUlld or below-gnide, puislllint to the criteria found in Seclion 238.02(0). 23B.05.03 Cui rural & Entertairunent Uses; Cultural and Entel1ainment uses may be included in one or niore. buildings within a DP. subject to the following: A Cultural and Entertainme'nt Uses rriay comprise up 10: (1) Fifteen percent \15%) onhe Gross Floor Area (GFA) ofnny'building; aT, (2) Up to thirty percent (30%) of the GFA of one building may be CuI turll I llnd Entertaiirment Uses, 'provided that: (li) TOlal square footage of Cultural and Entertainment Uses designated ill the development plan does not:exceed fifteen percenT (15%)" of the GFA of all building6combined; or, (b) Culmral and entertainment Uses over fifteen percent.(15%) of the GF A of anyone building be located onihe ground noor or below grade. 13. The Commission may grant a waiver ro allow cultural and entel1ll.inm~l1t uses to be located on floors other than ground or below-grJde, pUrsua.nt to the criteria found in Sec!iOl' 23B.02(0). Ordinance 2-512-07 2 Section II: All prior Ordi'nances or parts thereOf inconsistent with any prOVLS10n of this Ordinance are hereby repealed. SectiOIl Ill: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordillnnce Z-51-2-07 pASSED by Ihe Comn1on Council of the City of Carmel, indiana this ('1~day 6f~ ,20071 by a vote of lDayes and D nays, ~OM~1ON C~UNCJ~RTHE CITY OF CARMEL /' 2 J {\JOT p/LeSENI siding Officer Kevin Kirby az4~ Mark Rattclmann ,..., W. Eric Seio sticker RiCh~ ATTEST: ~~ Diana L. Cordray, lAMe, Clerk- Tre I J 10912007 Ordinance Z.512-07 3 Ordinance z..:512-07 Approved by me, Mayor of the City ofCuinel, Indiana, this I,+k day of~~ ,2007, at -r.Oi.P f .M. A TrEST: Diana L. Cordray, lAMe., Clerk-Tre liTer Prepared.by: John R. Molitor Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 I 1109/2007 Ordinance Z-S 12..()1 4 , .. CERTIFICATION OF THE CARM~L PLA~ COMMISSIONtS 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 23B: US Highway 31 Corridor Overlay Zone,ofthe Zoning Ordinance To: The Honorable Common Council Of tbe City of Carmel Hamilton County, [ndi'tma Dear Members: The Cannel Advisory Plan Commission offers you the follo,wing' report on the application to the Commission' (Docket No. 07090002 OA) to Atnend Chapter 238: US Highway 31 Corridor Overlay Zone in order to limit hotel and other cultural/entertainment land uses. TILe Cannel Advisory Plan Commission's recommendation on the petition is. FA YORABLE. At its regular meeting on October 16,2007 the Commissioil voted eight (8) in Favor, one (1) Opposed (Eric Seidenstlcker), zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 512-07 with "a"Favorable Recommendatio'n. Please be advised that by virtl,e of the Commission's Favorable Reconunendation, pursuant to,lC36:-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 the origInal Certification (October 23,2007) is Sunday, January 20,2008. ~ST: ~ R~~k, Secretary Carmel Adv"isory Plan Commission Dated: October 23, 2007 BY' Leo Diei-ckman, President Receiped 2007 -1018; 2-512-07; US -31 Overlay Amend PC Certification 1 OCT 2 2 2007 j Carmel Clt'rl.;-1rw";llrer