Loading...
HomeMy WebLinkAboutZ-515-07 Confirmation Vote As Amended-Monon Overlay 5 c yn CVPV Sponsor: Councilor Carter ORDINANCE Z- 515 -07 AS.AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting•Chapter 2311: Motion Greenway 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 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 Cannel and Clay Township; and WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of.Carmel and.Clay by adopting an ordinance which provides consistent urban and natural design treatments for private properties along the Monon Greenway; 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; 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 after Docket No. 07050023 OA having received a. favorable :recommendation from the Carmel Advisory Plan Commission on Tuesday, November 20, 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: a. Adopt Chapter 231 Moron Greenway Overlay Zone to read as follows: 23H.00 Monon Greenway Overlay Zone. 23H.00.0I Purpose, Intent and•Authority. The.purpose of this overlay zone is to protect and enhance the health, safety and welfare of the citizens• and property owners of Carmel and ,Clay Township by protecting the physical integrity of the Monon Greenway, including, its ballast foundation and drainage ways, and by complying with the Monon Greenway easement covenants as they pertain to the natural character and existing vegetation of the trail and its protection. For purposes of this Zone, the Monon Greenway shall he defined as any property conveyed to the City of Carmel, by title or easement, for' purposes of of the Monon Trail. VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 1 It is the. City's intent to achieve the purpose Of this zone by: Providing a consistent design treatment for private and public properties along Monon Greenway; Providing controls for architecture and landscape design that establish continuity of design between projects and to improve the physical relationship and human scale between new buildings and-the Monon Grcenway; Protecting the Monon Grcenway character; Protecting the physical integrity of the'Monon Grcenway. This district is superimposed oven the other primary .zoning districts and its regulations shall supersede those of the primary zoning districts over which it is superimposed. In establishing this zone, the Plan Commission and-Council relies on I.C. 36 -7-4 -1400 et seq. 23H.00.99 Application Procedure. A. Development Plan, See Section 24.99(A): Development Plan.. B. Architectural Design, Exterior Lighting. Landscapine and Signage (ADLS). See Section 24.99(B). Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). 2314.01 District Boundaries. The boundaries of the Monon Greenway Overlay Zone (the Zone) are hereby established as approved on the Zoning Map. Diagram 1 illustrates, generally, the boundaries of the Urban and Natural Sections. 23E1.01.01' Urban Section Boundary. Properties which Dlagrami: Na I Section abut the Monon Greenway from First Street NW to (r'I Il CAM: the southern property line of properties fronting .r� the sow 1 fa L.E�M L4. /n side of Carmel Drive. r 1 s t j NAT 1 a L S:�. 23H,01.02 Natural Section Boundary. Properties which ff r abut the Monon Greenway from 146 Street to 1k -I I.\ f 1„..s First Street NW and Carmel Drive to 96` Street. �1 i L t 1 CARME 23H2O1.03 Parcels in the C -1 /City Center and C -21014 N.J c ,M Town Districts cts shall. be exempt from the .,-,,.1 „�I r W requirements of the Zone. l i T A Q ur- 't.:'• a ttt -t 7. 23H.02 Plan Con mission Approval. -1(4' o r ECTIO F 23H.02.01 The Plan Commission must approve, approve 3 I 1 T with condition or disapprove the Development h V. at r Plan (DP) and. Architectural Design, Exterior Ql y T= Lighting. Landscaping and Signage (ADLS) for f 'T L h r--_ k•: any tract of land in the Urban Section of the J r, ilI j =Y Monon Greenway Overlay Zone. DP and ADLS —t— y review is required in the Natural Section, p a i' to the requirements• of the underlying primary 1 hi.: zoning district. I'� r 4 t r R' h I z l 7 a 23H.02.02 Zoning Waiver. The Commission -may, after a 11 wagi +)=L 31 AT. RA P ublic hearing, grant a Zoning Waiver of the t Tf' r P g, e` Zoning d $E IQN r dimensional and quantitative standards of this J' 1 ;i i 4 Chapter, by not greater than thirty -five percent n j v LLE (35%). Any approval to pemiit such a waiver shall .,7 hh it he subject to the following criteria: t 1 b' 1 A. The proposal shall enhance the overall Development. Plan and the adjoining streetscapes and neighborhoods. VERSION A 02.118/200S Ordinance Z- 515 -07. As Amended 2 B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall, exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation for bicycle and pedestrian traffic. In granting a waiver. the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board of Zoning Appeals for a variance' from development standards provided under IC 36 -7 -4 -918.5 and this Zoning Ordinance. 23H.03 Permitted'Uses. See Appendix A Schedule of Uses. 23H:03.01 All Uses which are permitted in the. underlying primary zoning district(s), except those uses expressly prohibited by Seetion 23H.04, are permitted in the Zone. 23H.03.02 Residential uses are: permitted in the Zone, regardless of the underlying primary zoning district.. 23H.04 Prohibited Uses. See Appendix A Schedule of Uscs. 23H.04:01 Prohibited Uses. Mobile Horne Court. Penal or Correctional Institution, Commercial Sewage or Garbage Disposal Plant, Water Manae.einent•and Use Facility, Lumber/Building Materials Sales (enclosed), Automobile Service Station..Restaurant (with drive -thru sales), Automobile/Boat Sales, Automobile/ Truck Repair (indoor), Car Wash, Commercial Kennel, Dry Cleaning Establishment. (with.on -site plant), Funeral Home/Mortuary/Crematory, Self-service Laundry, Veterinary Hospital with commercial kennel, Wholesale Sa les, .Stadium or Coliseum. Feed Store, Grain Elevator, Shooting Gallery, Sexually Oriented.Businesses, All Industrial Uses in Appendix A (Type.of Uses): 23H.05 Building Setbacks. 23E1.05.01 Urban Section. A. Minimum Greenwav Setback.. I. Minimum: Twelve feet (12'); measured from the•actual. right -of -way, ora thirty -three feet (33') half right -of -way, whichever is greater. See corresponding Building Heights, as prescribed by Section 2317.08.01. 2. Maximum: There is no maximum setback: however. the area adjacent to the Greenway may not he used solely for parking. In addition, this area must reflect an awareness of the Greenway and shall not adversely impact the'character of the Greenway. B. Side and Rear Setbacks. Fifteen (15) feet. C. Conflicting Requirements. Wherever there exists a conflict between the building setback requirements of the O1d Town District Overlay Zone and the Monon Greenway Overlay Zone, the Monon Greenway Overlay Zone shall govern. However, parcels in the Overlay with frontage on a public street, must adhere to the Front Yard requirements established by other applicable Overlay Zones or their underlying zoning districts. 23H.05.02 Natural Section. VERSION A 02/18/2008 Ordinance 515 -07. As Amended 3 A. Minimum Greenway Setback. Setbacks shall he measured from the edge of Monon Greenway, generally a presumed thirty -three feet (33') half right -of -way. I. New Principal Buildings: Sixty (60) feet. 2. Additions to'Existing Principal Buildings: Thirty (30) feet. 3. Accessory Buildings: Thirty (30) feet. B. Side and Rear Setbacks.'Requircmcnts per underlying primary zoning district. C. Conflictins Requirements. Wherever there exists a conflict between the building setback requirements of the Old Town District Overlay Zone and the Monon Greenway Overlay Zone, the Monon Greenway Overlay Zone shall govern. However, parcels in the Overlay with frontage on a public street, must adhere to the Front Yard requirements established by other .applicable Overlay Zones or their underlying zoning districts. 23H.06 Greenway Access Points. 23H.06.01 Greenway Access Points, for new residential or commercial construction. shall be designed and built in accordance with an approved Plan and to Parks Board Standards. Access Points from existing buildings must receive the approval of the Director of Carmel Clay Parks. Connection intervals shall be approved by the Director of Carmel Clay Parks. All access points shall be constructed of durable materials and shall be designed as to not impede drainage ways. Where determined appropriate: a non access agreement may he required to he recorded. 23H.07 Building Orientation.& Footprint. 231.07:01 Urban'Scction. A. Orientation.. Every parcel with frontage on the Monon Greenway must have at least one building elevation that fronts on the Greenway. B. Maximum Building. Footprint: 15,000 square feet. C. Maximum Facade'Length: 150 feet. 23H.07.02 Natural Section. A. Maximum Building Footprint: 15,000 square feet. B. Maximum Facade Length: No facade greater than 80 feet in length shall he parallel with the Greenway. Longer facades must be oriented at an angle greater than or equal to 60 degrees from the property line abutting the Greenway. 23H.08 Building Height. 23H.08.01 Urban Section. A. Minimum Height: None. B. Maximum Height: Sixty feet (60'), or as permitted in the primary underlying zoning district. 1. When used, facade step backs shall be at least twenty feet (20') in depth and shall he. constructed as usable outdoor space, such as a rooftop patio or garden. 23H.08.02 Natural Section. VERSION A 02/18/2008 OrdlnanceZ- 515 -07, As. Amended 4 A. Minimum Height; None. B. Maximum Height: As permitted in the primary underlying zoning district or applicable Overlay Zone. 23H.09 Building Requirements. 23H.09.01 New principal buildings with a gross floor area containing more than 15,000 non- residential square feet shall contain.a shower, changing and locker facility accessible for employee use. 231 1.09.02 New principal buildings with a gross floor area containing more than 15,000 square feet shall provide covered, long term bicycle parking at a rate of one space per.5,000 square•fcet. Longterm bicycle parking may include an indoor storage area and/or exterior bicycle lockers, as approved as part of an ADLS plan. 23H.10 Architectural Design. Buildings in the Urban Section with frontage on the Greenway must include the following characteristics: 23H.10.01 Large blank facades are not allowed. Buildings with continuous facades that are fifty feet (50') greater in width, shall be designed with offsets (projecting or recessed) not less than eight feet (8') in depth and continuous for not less than twenty -five feet (25') along the length of the facade. All elevations shall exhibit variety through inclusion of architectural elements such as windows and surrounds, storefronts, doors, special brick coursing, pilasters, lintels, canopies and covered. walkways or recesses. Facades shall also exhibit variable roof heights, a diversity of building materials'and varied buntline mass within a given structure. Architectural elements shall he arranged in a balanced, relatively uniform fashion. Faux window openings and .special masonry coursing may be used in service areas, especially aicas where rooftop skylighting•is designed. 23H.I0.02 Ground and upper floors shall utilize transparent glass; the ground floor elevations of non residential uses must incorporate the.transparent glass as a significant component. 23H.10.03 The first floor and all other floors will have a coordinated composition. which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the,first floor. 23H.10.04 Retail storefronts shall have a primary entrance oriented along the Greenway on the first floor of the building, other entrances such as pedestrian entrances to parking areas shall he permitted on non- Greenway facades. 2311.10.05 Every facade of'a building abutting the Greenway must have openings for windows. 23H.10.06 Large expanses of glass are allowed, but no facade may be constructed entirely of a metal and glass curtain wall. 23H.10.07 Fixed or retractable awnings are encouraged if they complement a building's architectural style, material, colors, and details: do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Awnings may not he internally illuminated. 23H.10.08 Pedestrian scale detailing is required at the ground level. As the buildings will be viewed very close up, it is important to exhibit articulated detail and ornament that. is scaled to the pedestrian. Examples include, but are not. limited to cornices, columns, pilasters, lighting, decorative moldings, sills and quoins,. as well as canopies, awnings covered walkways and other similar sheltering features. VERSION A 02/18/2008 Ordinance Z- 515 -07. As Amended 5 23H.10.09 Modulation the roof and /or roof line will be required in order to eliminate box shaped huildings. Parapets must be fully integrated into the architectural design of the building and provide seamless design transitions. including exterior materials between :the main building mass, mechanical penthouses and other roof structures. Should they he used, partial parapets shall have a return that extends inward to zit least the first structural hay; or twenty (20) feet, whichever is greater. Parapet heights shall vary by no less than 3 feet, including between neighboring structures on the same or adjacent parcel. 23H.I0.I0 Architectural styles, primary materials, huilding setbacks, separations, heights and mass shall vary among neighboring huildings along the Greenway. 23H. 1 1 Landscaping and Tree Preservation. 23H.11.01 Urban Section. A. Tree Preservation Requirements: It is the goal of the Monon Greenway Overlay to preserve existing vegetation within the Greenway Easement of Right -of -Way according to the Monon Greenway covenants. Alterations to the existing vegetation in the Monon Greenway may be sought through a DP /ADLS proposal. Such alterations require the approval of the Director of Carmel Clay Parks. Otherwise no changes to the Greenway vegetation may he made. Any proposed preservation or alteration outside of the Greenway shall he reviewed by the Urban Forester and Plan Commission and must be in accordance with Section 231-1.11.03. When deemed appropriate, and upon the approval of, the Urban Forester mitigation may occur within the-Monon Greenway. B. Planting Requirements: 1. When a Development Plan or other Conunission approval 'includes or requires reconstruction of the Greenway, the landscape plan shall comply with the Monon Greenway Cross Section requirements and must meet the approval of the Director of Carmel Clay Parks and the City of Carmel Urban Forester. 2. The Greenway Setback shall he landscaped with a combination of shade trees, low .shrubs, planting beds and grass or ground cover, with exceptions for appropriate pedestrian access to building entrances. 3. Alternatively. the Greenway Setback may be covered with decorative hard surfaces and /or pavers to allow seating areas or outdoor tables, such areas shall he surrounded by low shrubs or planting beds. 4. Remaining facades shall have foundation plantings in beds no less than five (5) feet in width, with exceptions for appropriate pedestrian access to building entrances. Initially, plantings shall cover at least 50% of the base of the building (horizontally) and.be at mature height and coverage within three (3) years. 23H.I 1.02 Natural Section. A. Planting Requirements: Plantings shall he provided at a rate equivalent to a Bufferyard D. as•prescrihcd in Chapter 26.04: Perimeter Buffering Requirements. B.. Tree Preservation Requirements: Existing vegetation within the Greenway Easement or RighKif- -Way shall be preserved in accordance with the Monon Greenway covenants. Proposed preservation plans or alterations'to the existing vegetation in the Greenway require the approval of the Director of Carmel Clay Parks. Otherwise no changes to the Greenway vegetation may be made. Any proposed preservation or alteration•outside-of the Greenway shall. be reviewed by the Urban Forester and must be in accordance with 23H.11.03. 23H.11.03 General Landscaping Requirements. VERSION A 02/18/2008 Ordinance 7.-.515- 07,As Amended 6 A. Sites with existing' trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less. than 75% of all trees that are 6" DBH or larger and located within the required yard /setback areas. B. A five -foot (5') wide planting ,strip shall be provided along all sides of parking areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 linear. feet. In areas where the planting strip is isolated from•other lawn or green areas by sidewalks, drives or other, impervious surfaces. then the. Plan Commission may require structural' soil technologies be applied to sustain the life of plantings. C. Parking areas shall be located at the rear or side of buildings, and screened from the Greenway by low walls, low fences, or hedges, or a combination thereof. Plant materials shall be at least four feet (4') in height within three (3) years. D. Shade trees shall he planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. E. The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. No openings or access gates for trash enclosures shall face the Monon Green way: F. All landscaping approved as part of an ADLS plan shall he installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions. the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining. uninstalled landscape material. G. It shall he the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as •part of the ADLS Plans in accordance with the standards set,by this-Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. H. All landscaping is subject to approval by the Commission. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site•conditions. 1. Ground level mechanical/ telecommunication equipment shall be fully screened so that it is not visible from the Greenway and any adjoining residential zones or uses using walls. fencing, landscaping, or other•method approved by the Commission: 23H.12 Lighting. 23H.12.0t Exterior lighting of the btilding(s) or site shall he designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. 23E1.12.02 Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. 23H.12.03 All exterior architectural, display, decorative and sign lighting shall he generated from concealed, low level fixtures. 23H.12.04 The maximum height of light standards in parking areas shall not exceed the building height, or twenty -five (25) feet, which ever is less. When light standards abut or•fall within ninety (90) feet of single fatnily residential properties, their height shall not exceed fifteen (15) feet. VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 7 231113 Signage. All signs shall he in accordance with Chapter 25.07: Sign Ordinance and other applicable District Overlay Requirements. in addition, the following standards shall apply to signs facing the Monon Grcenway: 231-1.13.02 Wall Signs are allowed in the Urban Section provided that they fit within the horizontal and vertical elements of the building and do not obscure details of the building. No sign shall he allowed to extend above the cornice line of a building. Wa11.Signs shall he.no larger than ten (10) square feet and shall he in accordance with an approved ADIS. 23H.13.03 Projecting Signs no larger than six (6) square feet are allowed for new or existing buildings in the Urban Section which comply with setback, orientation and height requirements, as.specified in Sections 23H.05, 23H.07 and 23H.O8 of this Chapter. 23H.14 Parking. 23H.14.0I Parking shall be provided per Chapter 27: Additional Parking Loading Regulations. unless otherwise'stated for parcels in the Old Town District Overlay Zone. 231.14.02 Bicycle parking shall he provided in accordance with Section 27.06: Bicycle Parking: however, the required number of.hicycle,parking spaces in the Overlay Zone shall he double. The number of spaces, may include the long -term, bicycle parking requires! in Section 23H:09.02. Upon approval by the Alternative Transportation Coordinator, bicycle parking may he located in the Monon Greenway Easement (Urban Section only) 2311.14.03 Parking areas shall be set back not less than 20 feet behind thd•Eront Line of Building, and shall include landscaping as in Section 2311.11.03. Open spaces created by this setback shall become pocket parks. landscaped gathering spaces or space for other greenway- related amenities. 23H.14.O4 Parking structures are permitted adjacent to the Monon Grcenway; provided that all levels of the facade facing the Greenway are a non parking use, or a below -grade parking structure acts as a building foundation completely screened from the view of the Greenway. Uses may he residential or non residential in nature. and.shall comply with Sections 23H.03 and 23H.04 of this Chapter. 23H.15 Other Requirements. 23H.15.01 Boundary Markers. Upon application for Commission approval a staked survey must be completed to determine the Monon Greenway property line. Prior to commencing and throughout the duration of construction, boundary markers shall be placed at the edge of the Monon Grcenway Right -of Way. Monuments shall be at least twenty -four inches (24 in height and placed at the property corners abutting the Grcenway. In addition, a •temporary construction fence shall be placed along the Grcenway boundary prior to site work commencing and throughout the duraiion of construction. 23H.15.02 Monon Documents. Upon application for Commission approval applicant must provide a copy of the deed by which the title and any associated easements were conveyed. 23H.15.03 All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. 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. VERSION A 02/i8/2008 Ordinance Z- 515 -07, As Amended .8 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF TH.E CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE Z- 515 -07 An Ordinance to adopt Chapter 231-I: Monon Trail Overlay Zone into the Carmel Zoning Ordinance. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Advisory Plan Commi offers you the following report on the application to the Commission (Docket No. 07050023 OA) to add Chapter 231-1: Monon Trail Overlay Zone to the Carmel Zoning Ordinance. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting on November 20, 2007, the Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the. Common Council the proposed Ordinance Z- 515 -07 with a Favorable Recommendation. Please be advised that by virtue of the 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 (November 27, 2007) is Monday, February 25, 2008. CARME/.LAN COMMIS ION BY Is tair L o Dierc man, President AT ST: Ramona ancock, Secre tary Advisory Plan Commission Received Dated: November 27, 2007 NOV 2 7 2007 2007.1127; Z- 515 -07; Monon Trail Overlay PC Certification Carmel Clerk- Treasurer CERTIFICATION OF THE CARMEL PLAN COMMISSION'S CONSIDERATION OF THE AMENDMENTS TO THE PETITION OF THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36 -7 -4 -607 ORDINANCE Z- 515 -07 (As Amended) An Ordinance to adopt Chapter 23H: Monon Trail Overlay Zone into the Carmel 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 amendments to the application (Docket No. 07050023 OA) to add Chapter 23H: Monon Trail Overlay Zone to the Carmel Zoning Ordinance. The Carmel Advisory Plan Commission DISAPPROVES the amendments. At its regular meeting on March 18, 2008, the Commission voted seven (7) in Favor, one (1) Opposed, (Rider) zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 515 -07 As Amended with a Disapproval of the amendments, due to the following reasons: C -2 /Old Town District should not be exempt from the Overlay (23H.01.03) Urban Section Building Height should be limited to four stories or 40 feet (23H.08.01(B)) Please be advised that by virtue of the Commission's Disapproval, pursuant to IC 36- 7- 4- 607(e)(4)(B), the Council has forty-five (45) days to confirm its vote on Z- 515 -07 As Amended. If the Council fails to act, then Ordinance Z- 515 -07 becomes effective as originally Certified by the Commission in November of 2007. Forty-five days from the date of this Certification (March 26, 2008) is Saturday, May 10, 2008. CARMEL PLAN COMMISSION t BY: g„ eo Dierckman, President AT' 'ST: R, mona Hancock, ecretary Carmel Advisory Plan Commission Dated: March 26, 2008 ©.z :E .d 9z z 2008 -0326 Z- 515 -07 Monon Trail Overlay PC Certification 2 PASSED by the Common Council of the City of Carmel, Indiana this 21 S+ day of 2008, by a vote of > ayes and Z, nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Of Richard L. `haip, Pres' dent Pro Tempore D Pros€1? CJohn,V.-4ceettur? onald E. Carter ATTEST: Diana L. Cordray, IAMC, Presented by me to the OPPos?? Luc W. Eric 'eidensticker lee - _I nyder of the City of Carmel, Indiana this 2008, at _.M. day of Diana,L. Cordray, IAMC, day of Treasurer James Brainard, Mayor ATTEST: Approved by me, Mayor of the City of Carmel, Indiana, this 2008, at _.M. Diana L. Cordray, IAMC,