HomeMy WebLinkAboutPacket 09-16-08
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City of Carmel
CARMEL PLAN COMMISSION
aMEMORAND:UM..
Date: September'~,'2Q08
To: Plan Comm'ission Members
From: Angje COlIn - Depar.tIlleBlt of Com.munity Servic,es
Re: Septe'mber 16,Plan,CommisSion.ineeting ,....Docket No. ,08080016 OA
Enclased is the information packet far the folIawiIlgitem, H you have any questians, please give me a
call at 571-2417.
Docket No. 08080016 OA: Amendment, Carmel Clay Schools; Partial Exemption
The applicaritseeksappraval taadd Z6ning Ordinance Sectian 28',08: Cr.irinel Cl'aySchoolsi Partial
Exemption, jn order to layout approval requirements and procedures for new facilities and buildings
prqposed .by~he Clj.ll1le! Clay Schaals.Fikd by the Department .of Cammllnity Services, .00 behalf of
the, Carmel Plan Commission,
Back~,round: , .
the Department seeks appraval to add Zoning Ordinance SecLion,28.08: Ccitrnel Clay Schools; Partial
ExeinJition, in order to layout approv'aLrequirements aodprocedutes for he,!\, facilities and buildings
proposed byCarmel Clay Schools. TlJis way, the Plan Cammission Director is able to review and
approve any-facility or building proposed by the Scho,ol ta make sure it complies with the requirements
set forth in th~ zonIng ordinance, and it does not need ta appear before the Board of Zoning Appeals for
Special Use appro:val.
Please see the attached ordinance amendment text proposed.
Fiilename: 2008c0905: 08080003 OA,i PC,Memo.rtf-
Page 1
ONE ClVle SQUARE
CARMEL, INDIANA 460:32
317/571-2417
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Sponsor: CounCilol' Carter
ORDINANCEZ-5##-08
AN ORDINANCE .QF THE CQlvtMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance adopting Section 28JJ8: CarmetClay Scl~uols'; Partial Exemption
WHEREAS, pursuant to th~ AdY:lsOJ::Y Pl@ning l.,~w ()Fth~ state of Indiana (contained in IC 36-
7-4), each unit of local government that wishes to adopt land use and zoning ordinances IpuSt first
appr.ove by resolution a comprehensive plan for the gebgraphicarea over whichithasjurisdictipn; and
WHEREAS, the 2020 Vision COInpreh~nsive Plan (the "CompreheI1sivePlan") Docket No. ] 6-
96 CP Was given a favorable recommendation by the {;;:armeIIClay Advisory Plan GOJTImissic;m on August
20, 1996, arid duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September
24, 1996, ahdis therefore the'offi'ciaJ "Comprehensive Plan of the, City of Carmel and ClayTownship; and
WHEREAS, the Common Council tInds that it.is re~sonable and necessary to promote and
accommodate tfleorderly growth and developmentoftne City or Carmel and Clay Township by adopting
an ordinance which provides consistent urban and natural design treatments for private properties along
the Manon Greenway; and
WlIEREAS; p!lrsuant to Indiil.pa C.ode 36~7-4.-602 the c:ommori CounciLis authorized to amend
the' text ofth'e zoning ordinance; and
WHEREAS; pl;lrsuant to Indiana Code 36"7-4c610 and C::ity of Carmel OrdinariCe No. D~~1600-
02, the Cannel Zoning and Subdivision Control Ordinances are incorporated by reference into the' Carmel
City Cod.e;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indi?na, tbat.. pursuant, to It 36~7-4-606 et seq. and after Dbcket No. 08080016 OA having received a
(favorab!~ne~ative) recolpl1,1.emiation from,the C~rl11el Aqvisory Plan CommiSSIon .on Tuesday, (DATE],
200S" it here'Qy ac.lopts, thisOrqinance to;:amend th~ Garmel Zoning Ordinance (Ordinance No. Z-289, 'as
amended), as :}mended,to read a<; follows:
Se(;tioil' I:
a. Add Section 28.08: Carmel Clay Schools; Partial Exemption to read as follows:
28.08 Carmel Clay Schools; Partial Exemption.
28.08.0 iExemution Ree:ardine: Suecial Uses. All facilities and buildimrs owned bv the Carmel
Clay Schools are exemot from the SpeCial Use requirements and procedures in this
Zoning Ordinance. but onlvto the extent. provided in this Section:
28.08.02 Election to SeekDP Approva.L In lieu of submitting to the Board an application for a
Special Use within the iurisdi'ction of this Zoning Ordinance. the Carmel Clav Schools
mav elect, instead. to submit to the Director for his or 'her approval a Development Plan
(DP) appliCation that includes the following development requirements for the site:
Architectural DeSIgn. Exterior LightiTlg,Landscapinz and Sil;mage (ADLS).
28.08.03 Consideration' bv Director. Whenever the Carmel Clay Schools makes the election
pennittedllnder ~28.0g;02. then DF and ADLS approval by the Director shall be
necessary prior to the Schools; establishment of any"useor ouildlrlg:, anhe issuance 'of an
Improvement Locatio!'}' Pennit fot said use or building, However, DP and ADLS
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applications submitted by the Carmel Clay Schools shall generally be considered
favorably by the DireCtor.
28.08.04 Review bv Director. The Director shall review a DF'application submitted by the
Cannel Clay Schools to detennine if the DP satisfies all development requiremen'ts
specified in this Section and in the applicable'zonin!! district. The Director's review shall
include. out not be limited to. the followin g .items:
1. Compatibility of thed~velopment with surroundIng hind uses; specificallY:
a. Consistency with the policies for the district asset forth in the Comprehensive
Plan;
b. Surrounding zoning and existing land uses;
c. Compatibility with existing platted residl::htial uses: and
d. Compatibility of proposed proiect with existing' development within the
district:
2. A vailabilitv and coordination of:
a. The means and impact of water supply techniques:
b. The means and impact of sanitary sewers;
c. On-site and off-site surface and subsurface sturin water drainage indudin!!.
dni.inageca1culations: and
d. Other on-site and off-site utilities.
3. Management of traffic in a manner that creates conditions fa vOTable' to health. safety.
. convenience. and the hannonious development of the community such that:
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a. The design and location of proposed street and highway access points
minimize safetv hazards and congestion:
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b. The capacity of adjacent streets and highways is sufficient to safely and
efficiently accept traffic that wllj be g"eberated by the new development;
and
c. The entrances. 'streets. and intemal traffic cfrculation facilities in the DP are
compatible with exist!n!!. and planned stTeets and adiacent developments.
4. Building setback lines.
5. Building coverage,
6. Building separation.
7. Vehicle circulation.
a. Consistency with.the policies.for the district as set forth in the Thoroughfare
Plan;
b. Deaicati'cjh of streets andri'~hts~of:way, and/or reservation of land to be sold to
'govemmental aiJth6riti,es fat future development of streets and rights-of-
way. Indevel6prhents' thatadioio or include existing streets that do not
conform t(ythe rilihifuum right-of~wav diniensions as established by the
ThoroughfarePJ'all, the Carmel Clay'Scho'Ols shall dedicate additional
width along either one' or both 'sides Of such streets of inadequate width
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so as to brio2. them up to standards. provided the area to be used for
widening: is owned by the Schools oT.under their control;
c. Location and character of streets;
d. Acce"ss to public streets;
e. Drivewav and .curbcut locations in relation to other sites:
f. Location and character of curbs and 2:utters:
2:: General vehicular traffic:.
h. Location and character of vehicle parking facilities:
i. Vehicular internal site circulation:
8. Pedestrian and bicvCle circulation.
a.Consistency with the policies for the district as set fonh in the Thorou2:hfare
Plan:
b. Location aDd character of sidewalks. pedestrian trails: and bicycle paths:
c. Access to public sidewalks and multi-use paths:
d. General pedestriimand bic~Ycle'traffic:
e. Location and character ofbicvde parkin 2: and storage facilities:
f. Pedestrian and bicycle internal site circulation.
9. Site landscaping and screening.
10. Height, scale, materials, and style of improvements.
] I.Proiect si gna~e. .
12. Recreation space,
13. Exteribrli'ghtirfg.
14. Existing -site features, including topography and wooded area,>.
15. Special .and general easements for public or private use.
16. Protective restrictions and/or covenants.
28.08.05 Plan Documentation. A DP application under this Section must include:
1. The location and character of the following:
a. Existing and proposed principal structures and accessory structures.
i. Exterior Elevations, Renderings: Etc. Exterior elevations. renderings
depicting the exterior materials to be used. and a list of exterior
materials relating to all buildings and other structures proposed
fn the .area subiect to DP approvaL together with ADLS. Plans,
:shaH be 'submitted to the Director in order to better define the
ihtehtcif the proposed development. The architectural desi!?n
'should retlecta unified desi'~ which is in character and proper
rel'aiionship with the surroillldlng area.
ii. Site Plan.
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(a) Locatioa of special and general easements for public or
private',use;
(b) Building setback lilies;
(c) Buildrn~ coverage:"
(d) Building separation.
b. Utilities.
. c. Signal!e:
1'. Sign PlaiL Afl exterior' signage proposed to be located in the
development. subiect to approvaL and obtaining of a Sign Pennit
prior to erection under.the requirements of the Sign Ordinance,
shall be shown and conforinance or nonconformance with said
Ordinance,shall be so noted.
d. Landscaving.
.1. Landscape Plan'. A detailed plan of the eXIstIng and prop'osed
landscaping 'showing location. kind and caliper measurement
~ize of trees, shrubbery and, screening materials. as appropriate
andrequired by the Director.
2. The nature and lntensity of usesin the development.
3. The condition and size of pu~lic thof'oughfares and parking:, vehicle. and j)edestrian
facilities. - . .
a. Traffic Study. A traffic study to include a comparative analysis of present
volumes on streets bordering the deveiopme'nt or with a direct bearing on
the development versus potential capacity volumes of those streets.
COilSidehHiolf should be. made of the effect of the proposed development
and the. traffic it, would enl!ender. particularlv at peak periods. A
CirciJlatlbIi Plan should be included tor all e'xisting and proposed streets,
both public and prl'vate, which will show recommendations for
controllinl!', signalizing.. chimnelizinl!:, parking, storing and waminl! both
pedestrian and vehicular traffic.
4. The location and capacity of drainal!e .facilities and sewer systems serving the
development.
3, Drainage'-Plan, Detailed drawirigs311d Construction Plans for all elements of
the storm water drairiage"system. including curbs and gutters; stann
sewers; open drainage waterWays. drain tiles; culverts. retention
teservoirs and other netessarv appurtenances. shall be included. Among
the neCeSSaFY items ofinfonnatidn, are locations. grades. 'sizes. capacity
and typical 'Cross-sections of 'the Drainage' Plan elements. A report shall
be:inc1uded concerning:
iRel!i.llated drains tocated in the development or relatinl! to the
development'.
ii. The flooding potentia.l ohhe development,
iii. The design of the storm water System to deal with such fIoodim!
potentiaL ahd
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iv. The expected impactof the development's stonn water runoff on any
receiving stream or downstreamproperty.
Where flood plains as indicated bvFP, FF or FW Districts herein. are
involved. a statement from the Indiana Department of Natural Resources
to the extent ithas iurisdiCtion shall be required with respecno location
of floodwavs and flood plains,
5. Other information:
a. Metes & Bounds Description. An accurate metes and boundsdescriotion of the
boundary of the tract that is subjecrto DF approval.
b. Covenants. Conditions &Restrittibns. A list of the covenants. conditions. and
restrictions, if any,which will run with the lahdand affeCt the use of the
property within the are~Lsubiect to DP. The approved covenants shall be
recorded with .the RecordetofHamilton County. Indiana.
c. Erosion Control & Sedimentation Plan. A statement and plan setting forth the
method ofcontrolliM erosion and sedimentation before, dming and
followihg development - aild construction. e.g., teml?orary seeding.
sedirnent detenti'on ,basins. erosion prevention devices and other similar
means: that meet the Hamilton County Soil and Water Conservation
District guidelines. for urban development.
d. Li!2htin2 Fran. Specifics:'are fequifedcoricerning-tBe easements, locations. size.
'height.type; inten'slfy and illumination of proposed street and outdoor
lightin!2.
e: Service Reports. ServiCe'reports or statements, as necessary. may include but
not'lklimited.tb thef61!owing sources:.
L City. County or State highway departments;
ii. Iildiana'IJepaftmerit of Natural ~esources;
iii. Carmel Board of Public' Works &Safetv;
i v. member ontanlzatJ'ons of the Technical Advisory COnimittee.
f. Other Construction Plans-. Other specific Construction Flans shall be submitted
as necessary detaili n!2. information on, but not limited to. streets. lighting:.
sanitary sewer system. storm water drainage system. curbs and gutters.
sidewalks and the related appurtenances. The required information shall
inc\ude.locations, grades~ sizes. capacities. fypicarcross~sections and so
forih. These plans.shaH be drawn bya. Registered Land Surveyor or a
Professional Engineer licensed to do business in the State of Indiana in
accordance with 'State Statutes.
g. Constructlbn Timetable. Aconstruction timetable or schedule shallinclude the
approximate timin!2 of completion . and/or occupancy of the
impro~ements pf0posed in the area subiect to DF approval.
h.Deeds of Dedication. C\frtific:ifion of dedication of streets, rights,of-way and
other public Prop~rty to the proper authorities. except,so much thereof as
are intended to remain private.
I. Certificate of ADPrOvaL Certificate of- AOVTovlil bv the Director shall be on
each and ev~rv sheet of the DP.
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28.08.06 Development Plan Procedure.
1. Pre-Application Consultation with the Director.
Representatives of the Carmel Ciay Schools shalL meet with the Director to review the
zoning dassifitatlonof the site. review the'reglilatoryordinances and materials.
review the procecltires, and examine the'proposed use and development of the site.
2. Application.
a., Director. The followin!! shall be submitted to the Director:
L Two (2) copies of the written applicati'on form:
ii. Two (2) copies of the Existing Fea!ures & Site Analysis Plan:
Iii. Two (2) copies of the DP:
iv., AsweU as two (2) copies of all necessary supporting documents and
materials.
,b. Technical Advisory Committee. The,followi'ng shall be submitted to the each
memb7r of the Technical Advisory Committee (TAC):
i. One (l)cOPy of the written application form:
ii. One (l)'copy ofthe'Existing Features & Site Analvsis Plan:
iii. One (1) COPY of the DP;
iv. As well as one (1) COpy of all necessary supporting documents and
materi al s.
c. Initial Review of the Application and Supportin g Documents and Materials.
1. Director, Following the receipt of the written application. DP. and
necessary supportin!! documents and/or materials, the Director
shall review the materials- for the sole purpose of determining
whether ,the application is complete and in technical compliance
with all applicable ordinances. laws and regulations.
ii. Technical Advisory 'Committee. Following the receipt of the written
application~ DP. and necessary supporting documents and/or
materials; the Director shall place the application on the agenda
of the Technical Advisorv Committee.
d. Submittal to the Dlrector.
1. If the materfals submitted arena. complete or do not comply with the
necessary le!:!:al reQUifements. the Director shall inform the
Carmel Clay Schools of the deficiencies in said materials.
Unless arid 'until the Director formally accepts the application as
complete and 'in legal compliance. it shall oot be considered as
formally filed for the purpose of proceeding to succeedin!:!: steps
toward a[Jproval ':l8_hereinafterset forth.
ll. If the materials submitted are determined to be complete and in
compliance. the DIrector shal1-formally file the application by:
(a) Assigning a docket number; and
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(b) Setting a date and time for a public hearing.
3. Fees. See ~29.06.
4. Rublic Notice The' Carmel Clay Schools shall be responsible for the cost and
publication of the required published legal 'notification of the public hearing,
alone with the notification of aU interested parties and propertvowners as
required by the Commission"s Rules of Procedure.
S. Public Hearing by the Director. The conduct of the public hearing shall be In
accordance with the Commission's Rules of Procedure.
6. Review~ The 'Director shall reviewaDP to deterinineif the DP:
a. Is consistentwith the Comprehensive Plan: and
b. Satisfies the development requirements specified in~28.08.04 above.
7'. Approval.
a. In determining wheiher approval shall be granted. the Director shall consider
. genenillv ifthe DP:
i. Createsahd maintains a desirable. efficient and economical use of land
with hig.h 'functional and aesthetic value; attractiveness and
compatibility of land uses. within the District and with adiacent
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11. Provides sufficient and well-clesigned access. parking and loading
areas;
iii. Provides traffic control and street plan integration with existing and
, planned publIc. streets and tiiteribr access roads:
IV: Provides adequately for sanitation, drainage and public utilities: and
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v. Ai16cates adequate .sites. fot all uses proposed. the desigri, character.
grade, locati'on and orientation thereof being appropriate for the
uses proposed, lOQically related to existing and. proposed
topographical and other conditions. and consistent with the
Comi)n~hensive Plan.
b. In determining whether approval shall be granted. the Director may:
1. Impose- conditions On 'the approval of a DP if the conditions are
reasonably necessary to satisfy the development requirements
specified in this Section for approval of the DP.
ii. Provide that approval of a. DP is conditioned on the furnishing to the
Director of a bOnd or written assurance that:
(a) Guarantees the timely completion of a proposed public
'irnprovementin the proposed development: and
(b)Is satisfactory',t6 the Director.
J1J. Permit or require the Carmel Clay Schools to make a written
commitment to the Commission.
c. Time Limit. An approved DP shall be vafid for two .(2) years from the date of
approval. Upon written application to the Director before the expiration
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l. Pre-Application Consultation' with the Director.
Representatives of the Cannel Clay Schools shall meet with the Director to review the
zonih~ classification' of the site, review the regulatory ordinances and materials,
review the procedures and ex a.tIIi ne the proposed use and development of the
property. .
2. Application.
a. Director. The following shall be submitted to the Director:
i.. Two (2) copies ofthe written application form;
ii. Two (2) copies of the Existing Features & Site Analysis Plan;
iiL Two (2hopies of the Exterior Elevations and/or Renderings:
iv. Two (2) copies ofttieLightingPlan:
v. Two (2)'copies or the Landscape Plan;
vi. Two (2) copies of the Si~agePlan:
vii. As well :as two (2) copies of aHnecessary supporting documents and
materials.
b; Technical.Advisory Committee'. 17he' following shall be submitted to each
rilember of the. Technical Advisory Committee(T AC):
i, Ond}) COpy of the written application fomi:
ii. One (1) COpy of the Existing Features & Site Analysis Plan:
iii. One (1) copy of die Exterior Elevations and/or-Renderings:
iv. Ohe(l) COPY of the Lighting Plan:
'v. One'<l).copyofthe Landscape Plan:
:vi. bne (] ) copy of the Signage Plan:
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vii. As well as one (J) cOPy of nl1 necessnry supporting documents and
materials.
c.Jnitial geviewof the Application ,and SupportinQ. Documents and Materials. .
i. Director. Following the receipt of the written application. Plans. and
necessarvsupporting doc;uments and/or lTlaterials.the Director
shall review the materials for the sole purpose of detennining:
whether the application is 'Complete _ and in technidtl compliance
with al1 applicab1eordinances. laws and regulations.
ii. Technical Advisorv Committee. Following the receipt of the written
application, Plans, and necessarysupporfing documents and/or
materials,. the Director shall plnce the application on the aQ.enda
ofthe:~Technica] Advisory Committee.
d. Submittal to the Director.
i. If the matetials stlbrriittedare not complete Of. do not comply with the
necessarv legal requirements, the Director shall inform the
Carmel 'Clay Schools of the deficiencies in said materials.
Unless and ,until the Director formally accepts the application as
complete and in legal co"moliance. it shall not be considered as
{oomilly filed for the purpose-of proceeding to succeeding steps
townrdaporovalas hereinafter setforth.
11. If the: materials submitted are determined to be complete and in
compliance. the Director shall formally file the application by:
(a) AssiQ.Jlinga'docketnumber: and'
(b) Settinit a date and time for final review.
3. Fees. See ~29.06.
4. Review. The Director shal1 review an ADLS application to determine if it:
a. Is consistent with the Comprehensive Plan; and
b. Satisfies the,development requirements specified in *28.08.04.above.
5. AlJproval.
a. In determininfr whether approval shall be frranted. the Director shall consider
. generallv if the ADLS proposal:
i. Creates: and maintains a desirable, effiCient and economical use of land
with high functional and .aesthetic value, attractiveness and
. compntibility of land uses. within the district and with adiacent
uses;
11.. Provides sufficient and well-designed access; parking and loading
a:t'eas,aiid
iii., Allocates adequate sites for all uses proposed. the. desi!m. character.
grade.loc~tion ana orientation ihereofbeing appropriate for the
uses proposed. 16gically related to existing and proposed
. tODdgraphicaland other conditions, and consistent with the
Comprehensive Plan.
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b. In determinine: whether approval shall be granted. the Director may:
i. Impose conditionS on 'the approval. of the' ADLS: if the conditions are
reasonably necessarv. tosatisfv the development requl.'remeTlts
specified in this Section for approval of the ADLS. .
11. l)ennit or require the Carmel Clay Schools to make a written
commitment to the Commission.
c. Time Limit: Approved ADLS proposals shaH be valid for two' (2) years from
the date of approval. Upon written application,to the Director before the
expiration of said approvaL and upon good cause shown. the Director
may extend the approval for a period not to exceed six (6) months.
d. If the Architectural Design. Exterior Lighting, Landscaping and/or Signa!2:e are
substantially or materially altered in any wav. resubmission to the
Directoris required.
6. Amendment.
a. Requirements. See ~28,08,04 above,
b. Fees. See &28.08.07.3 above.
c. Review. See *28.0'8.07.4 above.
d. Approval. See ~28.08.07.5 above.
28.08.08 Zooio!! Waiver.
In connection with any Dr or ADLS application under this Section, the Carmel Clay
Schools may also apply for a Zoning Waiver of any dimensional and quantitative
standards in thIS Zoning Ordinance by not greater than thirty-five percent <35 % ), .
consistent with' requirements set forth below:
a. The proposal must be in harmony with the purposes and the land use standards
, applicable to the site. .
b. The proposal must enhance the overall Dr and the adjoinimz streetscapes and
neig:hborhoods.
c. The proposal may not produce a site plan or street/circulation system that
wbuld be impractical or detract from the'appearance of theoDr. and may
not adversely affect emergency vehicle access or deprive adjoining
properties of adequatelight and air. .
d. The proposal must exhibit extraordinary site design characteristics. including
but not limited to: Increased landscape treatment, tree preservation,
public art; provisions for bicycles and/or mass transit, reduced surface
parking coupled with provisions for above or below ground parking
facilities.
e. In I!rantihg a waiver, the'Director may impose such conditions that wilL in his
or berjudirment,secure the purposes ofthisSection.
f. Nothing ill this Section affects the ril!ht of tile Carmel Clay Schools under
Indiana.law to petition, the Board for a variance from development
st:mdafds, as provided in Ie 36-7-4-91&.5 and this Zoning Ordinance.
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Section D: An prior Ordi'nanees or parts tl)ereof jncQflsjst~n.t with any provision of this
O#:Hha!1Ge{lreher~J)y repealed;
SectionII1: This Orclinance shall ~e in full force and effect from ahd after its passage and
signi:ng by lhe Mayor:
~ASSEf) b.y th~ Common Council ofthe'Cily of CanTlel, Indiana this _ day of
2n08, by a vote of ayes and. nays.
COMMON COUN:,CIL FOR THE CITY OF CARMEL
Presiding Offieer
J os~ph C. Griffiths
Richard L. Sharp, President Pro Tempore
Kevin D. Rid,er
John V. Aceetturo
W. Eric Seldenslieker
Ronalcl..E. C<irter
Luci Snyder
ATTEST:
Djana L. Cordray, lAMe, Clerk-Treasurer
Presented byrne.t()the~Mayor of the City ofCatrnel, Ihdiana this _ day of
2008, at .M.
Dian<.1L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City ofCa.rmeJ, Inchan;;1., this _ day of
2008, at . . _,M.
Jaines Brainard, Mayor
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