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HomeMy WebLinkAboutPacket to City Council 11-17-08 /~ j> MEMORANDUM TO: Carmel City Council FROM: Adrienne Keeling Department of Community Services SUBJECT: Z-525-08 DA TE: November 6, 2008 Please find information on the following item forwarded by the Plan Commission attached. This item will appear on your November 17th agenda. Forwarded with favorable recommendation: Ordinance Z-525-08 (Docket No. 08090029 OA): Carmel Dr - Range Line Rd Overlay Sunset Amendment Petition to amend the Zoning Ordinance, Chapter 23F: Carmel Drive - Range Line Road Overlay Zone, in order to extend the sunset provision. Filed by the Carmel Department of Community Services. Please find enclosed the Plan Commission-certified ordinance to extend the sunset clause in the Carmel Drive - Range Line Road Overlay Zone. Originally adopted in 2005, the purpose of the Carmel Drive - Range Line Road Overlay Zone is to enhance the livability of Cannel by encouraging a range of activities in mixed-use buildings, and by establishing a pedestrian oriented environment in buildings and a streetscape which are attractive and safely designed. Many of you recall that the Overlay Zone was adopted with a sunset provision mandating its expiration. The original expiration date of December 31, 2006 was extended by one year to December 2007 and then again to December 2008. The Department is again asking for this date to be extended in order to provide more time to properly complete a Plan for the Central Business District. If allowed to expire, staff and local officials would lose a valuable tool to help achieve the highest quality development in the area. The Department is working to finalize a contract and timeline with a firm to create a Master Plan and customized SmartCode for North Central Carmel. As it stands now, preliminary analysis and data/map gathering will begin yet this year culminating with a charrette, or community design workshop, at the end of February. We anticipate having a draft plan in April or May of 2009. More details will be shared as they become available. The information on this item has been arranged in the following format: 1. Copy of PC Certification 2. Copy of the Ordinance Proposal (Z-525-08) 2008-1106; Z-525.08; Council Report ~, CERTIFICATION OF THE CARMEL PLAN COM:MISSION'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-525-08 An Ordinance to Amend Chapter 23F: CamleLDrive-Range Line Road 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. 08090029 OA) to Amend Chapter 23F: Cannel Drive-Range Line Road Overlay Zone of the Zoning Ordinance, in order to extend the sunset clause. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting on October 21, 2008 the Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z-525-08 with a Favorable Recommendation. Please be advised that by virtue ofthe Commission's Favorable Reconnnendation, 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 the original Certification (October 27,2008) is Sunday, January 25,2009. ,\ A~ST: ~... /'/0"""1 '.(/! , . .... .. CARMEL ~AN COMMISSION ." ,.;.,.l~,/i 1/ i BY' Leo Dierckman, President -:I R mona Hancock, Secretary Carmel Advisory Plan Commission Dated: October 27,2008 2008-l 022; Z-525-08; CDRL Sunset Amend PC Certification . Z;Z=ld LZ IJll. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 Sponsor: Councilor Rider ORDINANCE Z-S2S-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Amending the sunset provision oj the Carmel Drive - Range Line Road Overlay Zone in the Cannel Zoning Ordinance 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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; 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. 08090029 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, October 21, 2008, 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: 31 32 33 34 35 36 37 38 39 40 41 42 ZO CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE a. Amend Section 23F.18: Sunset Provision to read: Sunset Provision. 23F.18 This Chapter expires December 31, ~2009. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordimmce are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Prepared by John R. Molitor, Carnie! Plan Commission Attorney. 1110612008 Ordioance Z-525-08 I .;\ / .{ 1 2 3 4 5 6 7 8 9 10 11 ]2 13 14 i5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 PASSED by the Common Council afthe City of Carmel, Indiana this _ day of 2008, by a vote. of ayes and. nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Joseph C. Griffiths Richard L. Sharp, President PrO Tempore Kevin Rider John V. Accetturo w. Eric Seidensticker Ronald E. Carter Luci Snyder ATTEST: Dian;;t L. Cordray; lAMe, Clerk-Treasurer Presented by me.to the Mayor of the City of Carmel, Indiana this ~ day of 2008, at _;M. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by:me,-MayOl' of theC:ity of Carmel, Indiana, this _ day af 2008, at .M. 39 40 41 42 ATTEST: 43 44 45 46 Diana L. Cordray, lAMC, Clerk-Treasurer James Brainard, Mayor Preparcdby John R. Molitor, Carmel Plan Commission Attorney. 11/0612008 ()rdinanceZ~525-08 2