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HomeMy WebLinkAboutPacket 12-01-08 City Council FILE coPY MEMORANDUM TO: Carmel City Council FROM: Angie Conn Department of Community Services SUBJECT: Z-524-08 DATE: November 10, 2008 Please find information on the following item forwarded by the Plan Commission attached. This item will appear on your December 1 agenda. Forwarded with unanimous negative recommendation: Ordinance Z-524-08 (Docket No. 08080016 OA): Amendment, Carmel Clay Schools; Partial Exemption The applicant seeks approval to add Zoning Ordinance Section 28.08: Carmel Clay Schools; Partial Exemption, in order to layout approval requirements and procedures for new facilities and buildings proposed by the Carmel Clay Schools. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Summary: The Department seeks approval to add Zoning Ordinance Section 28.08: Carmel Clay Schools; Partial Exemption, in order to layout approval requirements and procedures for new facilities and buildings proposed by the Carmel Clay Schools. If adopted, the Plan Commission Director is able to review and approve any facility or building proposed by the School to make sure it complies with the requirements set forth in the zoning ordinance, and the project does not need to appear before the Board of Zoning Appeals for Special Use approval. Please see the attached ordinance amendment text proposed. 2008-1107; Z-524c08; Counci 1 T':eport.doc I Sponsor: Councilor Rider 2 3 ORDINANCE Z-524-08 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE 5 CITY OF CARMEL, INDIANA 6 7 8 An Ordinance adopting Section 28.08: Carmel Clay Schools; Partial Ex:emption 9 10 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in Ie 36- 11 7-4), each unit of local government that wishes to adopt land use and zoning ordinances must first J 2 approve by resolution a comprehenslve plan for the geographic area over which it has jurisdiction; and 13 WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16- 14 96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 15 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 16 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and 17 WHEREAS, the Common Council finds that it is reasonable and necessary to promote and 18 accommodate the orderly growth and development of the City of Carmel and Clay Township by adopting 19 an ordinance which provides consistent urban and natural design treatments for private properties along 20 the Monon Greenway; and 21 WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend 22 the text of the zoning ordinance; and 23 WHEREAS, pursuant to Indiana Code 36-7A-610 and City of Carmel Ordinance No. 0-1600- 24 02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel 25 City Code; 26 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 27 Indiana, that, pursuant to IC 36~7-4-600 et seq. and after Docket No. 08080016 OA having received a 28 negative recommendation from the Carmel Advisory Plan Commission on Tuesday, October 21,2008, it 29 hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as 30 amended), as amended, to read as follows: 31 Section I: 32 a. Add Section 28.08: Carmel Clay Schools; Partial Exemption to read as follows: 33 34 28.08 Carmel Clav Schools~ Partial Exemption. 35 28.08.01 Exemution Rel!ardin2. Special Uses. An facilities and buildings owned by the Carmel 36 Clay Schools are exempt from the Special Use requirements and procedures in this 37 Zoning: Ordinance, but only to the extent provided in this Section: 38 28.08.02 Election to Seek DP Apuroval. In lieu of submitting to the Board an application for a 39 Special Use within the iurisdiction of this Zoning Ordinance. the Carmel Clay Schools 40 ma y elect. instead. to submit to the Director for his or her approval a Development Plan 41 (DP) application that includes the following development reauirements for the site: 42 Architectural Design. Exterior Lighting. Landscaoing and Signage (ADLS). 43 28.08.03 Consideration by Director. Whenever the Carmel Clay Schools makes the election 44 permitted under ~28.08.02. then DP and ADLS approval by the Director shall be 45 necessary prior to the Schools' establishment of any use or building, or the issuance of an 46 Improvement Location Permit for said use or building. However. DP and ADLS VERSION A ~ Ilnf2008 Ordinance Z-524-07 I I 2 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 DP applicatIOn submitted by the Carmel Clay Schools to determine if the DP satisfies all development requirements specified in this Section and in the applicable zonin!! district. The Director's review shall include, but not be limited to. the following items: l. Compatibility of the development with surrounding land uses, specifically: a. Consistency with the policies for the district as set forth in the Comprehensive Plan: 3 4 5 6 7 8 9 10 Ii b. Surrounding zoning and existing land uses; c. Compatibility with existing platted residential uses; and d. Compatibility of proposed proiect with existing development within the district. 2. Availability 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 storm water drainage including drainage calculations: and d. Other on-site and off-site utilities. 3. Management of traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community such that: a. The desi!!n and location of proposed street and highway access points minimize safety hazards and congestion; b. The capacity of adiacent streets and h.ighways is sufficient to safely and efficiently accept traffic that will be generated by the new development; and c. The entrances, streets, and internal traffic circulation facilities in the DP are compatible with existing and planned streets and adiacent developments. 4. Building setback lines. 5. Building coverage. 6. Building separation. 7. Vehicle circulation. a. Consistencv with the policies for the district as set fOl1h in the Thoroughfare Plan; b. Dedication of streets and rights-of-way, and/or reservation of land to be sold to governmental authorities for future development of streets and rights-of- way. Tn developments that adioin or include existing streets that do not conform to the minimum right-or-way dimensions as established by the Thoroughfare Plan. the Carmel Clay Schools shall dedicate additional width along either one or both sides or such stree~s of inadequate width 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2R 29 30 3] 32 33 34 35 36 37 38 39 40 VERSION A ~ 11/7/2008 Ordinance Z-524-07 2 I so as to bring them up to standards. provided the area to be used for 2 widening: is owned by the Schools or under their control; 3 c. Location and character of streets; 4 d. Access to public streets; 5 e. Driveway and curb cut Locations in relation to other sites; 6 f. Location and character of curbs and gutters; 7 g. General vehicular traffic; S h. Location and character of vehicle parking facilities: 9 i. Vehicular internal site circulation: 10 8. Pedestrian and bicycle circulation. 11 a. Consistency with the policies for the district as set forth in the Thoroughfare 12 Plan; 13 b. Location and character of sidewaLks, pedestrian trails. and bicycle paths; 14 c. Access to public sidewalks and multi-use oaths; 15 d. General pedestrian and bicycle traffic; 16 e. Location and character of bicvc Ie parking: and storage facilities; 17 f. Pedestrian and bicycle internal site circulation. 18 9. Site Landscaping and screening. ] 9 ] O. Hei g:ht. scale, materials. and style of improvements. 20 11. Proiect signage. 2] 12. Recreation space. 22 13. Exterior lighting. 23 14. Existinl:! site features. including: topo~raphy and wooded areas. 24 15. Special and general easements for public or private use. 25 1 6. Protective restrictions and/or covenants. 26 28.08.05 Plan Documentation. A DP application under this Section must include: 27 I. The location and character of the following: 28 a. Existing and proposed principal structures and accessory structures. 29 1. Exterior Elevations. Renderings, Etc. Exterior elevations. renderings 30 debicting the exterior materials to be lIsed. and a list of exterior 31 materials relatinl:! to all buildings and other structures proposed 32 in the area subject to DP approval. together with ADLS Plans. 33 shall be submitted to the Director in order to better define the 34 intent of the proposed development. The architectural design 35 should reflect a unified design which is in character and proper 36 relationship with the surrollndinl:! area. 37 ii. Site Plan. VERSION A ~ llf7/2008 Ordinance Z-524-07 3 1 2 3 4 5 6 7 8 9 10 11 12 (a) Location of special and general easements for public or pri vate use; Cb) Building setback lines: (c) Building coverage; Cd) Building separation. b. Utilities. c. Sillnage. I. Sign Plan. All exterior signage proposed to be located in the development, subiectto approval and obtaining of a Sign Permit prior to erection under the requirements of the Sien Ordinance. shall be shown and conformance or nonconformance with said Ordinance shall be so noted. 13 d. Landscaping. \. Landscape Plan. A detailed plan of the eXisting and proposed landscaping showing location. kind and caliper measurement size of trees. shrubbery and screening materials. as appropriate and required by the Director. 2. The nature and intensity of uses in the development. 3. The condition and size of public thoroughfares and parking. vehicle. and pedestrian facilities. a. Traffic Study. A traffic study to include a comparative analysis of present volumes on streets bordering the development or with a direct bearing on the development versus potenti.alcaoacitv volumes of those streets. Consideration should be made of the effect of the proposed development and the traffic it would engender. particularly at peak periods. A Circulation Plan should be included for all existing and proposed streets. both public and private, which will show recommendations for controlling. signalizing. channelizing. parking. storing and warning both pedestrian and vehicular traffic. 4. The location and capacitv of drainaee facilities and sewer systems serving the develooment. a. Draina~e Plan. Detailed drawings and Construction Plans for all elements of the storm water drainage system. including curbs and gutters, storm sewers, open drainage. waterways. drain tiles. cuI vel1S. retention reservoirs and other necessary appurtenances. shall be included. Among the necessary items of information are locations, grades. sizes, capacity and typical cross-sections of the Drainage Plan elements. A repol1 shall be included concerning:: i. Regulated drains located in the development or relating to the development, ii. The flooding potential of the development. iii. The design of the storm water system to deal with such flooding potential. and . 14 15 16 17 18 ]9 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3R 39 40 41 42 43 VERSION A - 111712008 Ordinance Z-524-07 4 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 VERSION A -111712008 iv. The expected impact of the development's storm water runoff on any receiving stream or downstream properLy. Where flood plains as indicated by FP, FF or FW Districts herein. are involved. a statement from the Indiana Department of Natural Resources to the extent it has iurisdiction shall be required with respect to location of tloodways and flood plains. 5. Other information: a. Metes & Bounds Description. An accurate metes and bounds description of the boundary of the tract that is subiect to DP approval. b. Covenants. Conditions & Restrictions. A list of the covenants, conditions, and restrictions, if anv. which will run with the land and affect the use of the prooerty within the area subiect to DP. The approved covenants shall be recorded with the Recorder of Hamilton County. Indiana. c. Erosion Control & Sedimentation Plan. A statement and plan settin!! forth the method of controlling erosion and sedimentation before. during and followin?: development and construction. e.g.. temporary seeding, sediment detention basins. erosion prevention devices and other similar means. that meet the Hamilton County Soil and Water Conservation District guidelines for urban development. d. Lighting: Plan. Specifics are required concerning the easements. locations, size. height. tvpe. intensity and illumination of proposed street and outdoor lighting. e. Service Reports. Service repol1s or statements. as necessary. may include but not be limited to the following sources: i. City, County or State highway departments; ii. Indiana Department of Natural Resources; iii. Carmel Board of Public Works & Safety; iv. member organizations of the Technical Advisory Committee. f. Other Construction Plans. Other specific Construction Pians shall be submitted as necessary detailin~ 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 include locations. grades. sizes. capacities. typical cross-sections and so forth. These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to do business in the State of Indiana in accordance with State Statutes. g. Construction Timetable. A construction timetable or schedule shall include the approximate timing of completion and/or occupancy of the improvements proposed in the area subiect to DP approval. h. Deeds of Dedication. Certification of dedication of streets, rights-of-way and other public property La the proper authorities, except so much thereof as are intended to remain private. t. Certificate of Aonroval. Certificate of Avoroval bv the Director shall be on each and everY sheet of the DP. Ordinance Z-524-07 5 28.08.06 Development Plan Procedure. I. Pre-Application Consultation with the Director. Representatives of the Carmel Clav Schools shall meet with the Director to review the zoning classification of the site. review the regulatory ordinances and materiaLs. review the procedures and examine the proposed use and development of the site. 2. Application. a. Director. The following shall be submitted to the Director: i. Two (2) copies of the written application form; ii. Two (2) copies of the Existing Features & Site Analvsis Plan; iii. Two (2) copies of the DP; iv. As well as two (2) copies of all necessary supporting documents and materials. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 b. Technical Advisory Committee. The following shall be submitLed to the each member of the Technical Advisory Committee (T AC): i. One (I) copv of the written application form; ii. One (I) copy of the Existing Features & Site Anal vsis Plan: iii. One (n copy of the DP; iv. As well as one (I) copy of all necessary supporting documents and materials. c. Initial Review of the Application and Supporting Documents and Materials. I. Director. Following the receipt of the written application. Dr. and necessary supporting 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. Followin!2: the receipt of the written application. DP. and necessary supportinf! documents and/or materials. the Director shall place the application on the agenda of the Technical Advisory Committee. d. Submittal to the Director. i. If the materials submitted are not complete or do not comply with the necessary legal requirements. the Director shall inform the Carmel Clay Schools of the deficiencies in said materials. 30 31 32 33 34 35 36 37 38 39 40 VERSION A - lll7/2008 Unless and until the Director formally accepts the application as complete and in legal compliance. it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. II. If the materials submitted are determined to be complete and m compliance. the Director shall formally file the application bv: (3) Assi~ning a docket number; and Ordinance Z-524-07 6 (b) Setting a date and time for a public hearing. 2 3. Fees. See ~29.06. 4. Public Notice. The Carmel Clay Schools shall be responsible for the cost and publication of the required published legal notification of the public hearing, along with the notification of all interested parties and property owners as required by the Commissi.on's Rules of Procedure. 5. Public Hearing: bv the Director. The conduct of the public hearing shall be 111 . accordance with the Commission's Rules of Procedure. 6. Review. The Director shall review a DP to determine if the DP: a. Is consistent with the Comprehensive Plan: and b. Satisfies the development requirementsspecified in ~28.08.04 above. 7. Approval. a. In deteffilining whether approval shall be granted, the Director shall consider generallY if the DP: i. Creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value. attractiveness and compatibility of land uses, within the District and with adiacent uses: 11. Provides sufficient and well-designed access, parking and loading areas: 3 4 5 6 7 8 9 10 11 ]2 13 14 15 16 17 18 19 20 21 22 iii. Provides traffic control and street plan integration with existin~ and planned public streets and interior access roads: iv. Provides adequately for sanitation. drainage and public utilities: and v. Allocates adequate sites for all uses proposed, the design. character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions. and consistent with the Comprehensive Plan. b. In determining: whether approval shall be granted. the Director may: I. 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 ohlle 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 improvement in the proposed development; and (b) Is satisfactory to the Director. Ill. Permit or require the Carmel Clay Schools to make a written commitment to the Commission. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 c. Time Limit. An approved DP shall be valid for two (2) years from the date of approval. Upon written application to the Director before the expiration VERSiON A - 11/7/2008 Ordinance Z-524-07 7 I of said approval. and upon good cause shown, the Director may extend 2 the approval for a period not to exceed six (6) months, 3 d. If the DP is substantially or materially altered in any way, resubmission to the 4 Director is required. 5 e. If a DP oetition is denied. the Director shall provide the Carmel Clay Schools 6 with a written copy of the fmdings of fact. 7 8. Amendment. 8 a. Requirements. See ~28.08.04 above. 9 b. Fees. See ~28.08.05 above. 10 c. Public Notice. See ~28.08.06.4 above. 11 d. Public Hearing. See ~28.08.06.5 above. 12 e. Review. See ~28.08.06.6 above. 13 f. Approval. See ~28.08.06.7 above. 14 28.08.07 ADLS Procedure. 15 1. Pre-Application ConslJ\tation with the Director. ] 6 Representatives of the Carmel Clay Schools shall meet with the Director to review the 17 zoning classification of the site, review the regulatory ordinances and materials, 18 review the procedures and examine the proposed use and development of the 19 property. 20 2. Application. 21 a. Director. The following shall be submitted to the Director: 22 i. Two (2) copies of the written application form: 23 ii. Two (2) copies of the Existing Features & Site Analysis Plan; 24 iii. Two (2) copies of the Exterior Elevations and/or Renderings; 25 iv. Two (2) copies of the Lighting Plan: 26 v. Two (2) copies of the Landscape Plan; 27 vi. Two (2) copies of the Signage Plan; 28 vii. As well as two (2) copies 'of all necessary supporting documents and 29 materials. 30 37 b. Technical Advisorv Committee. The following shall be submitted to each member of the Technical Advisory Committee (T AC): i. One (I) copy of the written application fonn; ii. One (1) COpy of the Existine: Features & Site Anal ysis Plan; iii. One (1) copy of the Exterior Elevations and/or Renderings; iv. One (1) copy of the Lighting Plan: v. One (I) copy of the Landscape Plan; vi. One (I) COpy of the Signage Plan: 30 31 32 33 34 35 VERSION A - 111712008 Ordinance Z-524-07 8 I 2 3 4 5 6 7 8 9 10 11 J2 13 14 15 16 17 18 19 20 21 22 vii. As well as one (J) cop v of all necessary supporting documents and materials. c. Initial Review of the Application and Supporting Documents and Materials. i. Director. Following the receipt of the written application, Plans. and necessary supporting 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. Plans. and necessary supporting documents and/or materials, the Director shall place the application on the agenda of the Technical Advisory Committee. d. Submittal to the Director. i. L[ the materials submitted are not complete or do not comply with the necessary legal requirements, the Director shall inform the Carmel Clav Schools of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete and in legal compliance. it shall not be considered a'i formall v filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. n. If the materials submitted are determined to be complete and in compliance. the Director shan formally file the application by: 23 24 (a) Assigning a docket number; and (b) Sc.tting a date and time for [mal review. 25 3. Fees. See ~29.06. 4. Review. The Director shall 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. Approval. a. In determining whether approval shall bee:ranted, the Director shall consider e:enerallv if the ADLS proposal: i. Creates and maintains a desirable, efficient and economical use of land with hie:h functional and aesthetic value, attracti veness and compatibility of land uses, within the district and with adiacent uses; 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 11. Provides sufficient and well-designed access. parking and loading areas: and iii. Allocates adequate sites for all uses proposed, the design, character, grade. location and orientation thereof being- appropriate for the uses proposed. logically related to existing and proposed topographical and other conditions. and consistent with the Comprehensive Plan. VERSION A -111712008 Ordinance Z-524-07 9 b. In determining whether approval shall be granted, the Director may: 2 i. Impose conditions on the approval of the ADLS if the conditions are 3 reasonably necessary to satisfv the development requirements 4 specified in this Section for approval of the ADLS. 5 II. Permit or require the Carmel Clav Schools to make a written 6 commitment to the Commission. 7 c. Time Limit. Approved ADLS proposals shall be valid for two (2) years from 8 the date of approval. Upon written application to the Director before the 9 expiration of said approval. and upon good cause shown, the Director 10 may extend the approval for a period not to exceed six (6) months. I] d. If the Architectural Design, Exterior Lighting, Landscaping and/or Signar;e are 12 substantiallv or materially altered in any way. resubmission 10 the \3 Director is required. 14 6. Amendment. IS a. Requirements. See &28.08.04 above. 16 b. Fees. See ~28.08.07.3 above. 17 c. Review. See ~28.08.07.4 above. 18 d. Approval. See !:l28.08.07.5 above. ] 9 28.08.08 Zoninl! Waiver. 20 In connection with any DP or ADLS application under this Section, the Carmel Clay 2\ Schools may also apply for a Zoninf?: Waiver of any dimensional and quantitative 22 standards in this Zoning Ordinance by not greater than thirty-five percent (35%), 23 consistent with requirements set forth below: 24 a. The proposal must be in harmony with the purposes and the land use standards 25 applicable to the site. 26 b. The proposal must enhance the overall DP and the adioining streelscapes and 27 neighborhoods. 28 c. The proposal may not produce a site plan or street/circulation system that 29 would be impractical or detract from the appearance of the DP, and may 30 not adverselv affect emergency vehicle access or deprive adjoining 31 propelties of adeauate light and air. 32 d. The proposal must exhibit extraordinarv site design characteristics, including 33 but not limited to: lncreased landscape treatment. tree preservation, 34 public art. provisions for bicycles and/or mass transit. reduced surface 35 parking coupled with provisions for above or below ground parking 36 facilities. 37 e. In granting a waiver, the Director may impose such conditions that will. in his 38 or her iudgment. secure the purposes of this Section. 39 f. Nothing in this Section affects the right of the Carmel Clay Schools under 40 Indiana law to petition the Board for a variance from development 4] standards, as provided in IC 36-7-4-918.5 and this Zoning Ordinance. VERSION A - lIn12G08 Ordinance Z-524-07 10 I 2 3 4 5 6 7 8 9 10 II 12 13 l4 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section HI: This Ordi nance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this _ day of 2008, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Joseph C. Griffiths Presiding Officer Kevin D. Rider Richard L. Sharp, President Pro Tempore W. Eric Seidensticker John V. Accetturo Luci Snyder Ronald E. Carter ATTEST: Diana L. Cordray, lAMe, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this _ day of 2008, at .M. 37 38 39 40 41 42 43 44 45 46 47 Diana L. Cordray, lAMe, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this _ day of 2008, at .M. J ames Brainard, Mayor VERSION A - lln1200S Ordimmce Z-524-07 11 1 2 3 4 5 6 7 ATTEST: Diana L. Cordray, lAMC, Clerk-Treasurer Prepared by: John R. Molitor, Carmel Plan Commission Attorney VERSION A - ] 117/2008 Ordinance Z-S24-07 12 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO ADD A SECTION TO THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE Z-524-08 An Ordinance to Add Zoning Ordinance Section 28.08: Carmel Clay Schools; Partial &(emptiol1 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Camlel Advisory Plan COlmTIission offers you the following report on the application to the Commission (Docket No. 08080016 OA) to add Zoning Ordinance Section 28.08 Carmel Clay Schools; Partial Exemption, in order to layout approval requirements and pTOcedmes for new facilities and buildings proposed by the Carmel Clay Schools. The Carmel Advisory Plan Commission's recommendation on the petition is Unfavorable. At its regularly scheduled meeting on October 21,2008, the Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to fOlWard to the Common Council the proposed Ordinance Z-524-08 with an Unfavorable Recommendation. Please be advised that by virtue of the Commission's Unfavorable Recommendation, pursuant to Ie 36-7 -4~607(f)(3), the Council has ninety (90) days to act on this petition before it is defeated Ninety days ii-om the date of the original Certification (October 27, 2008) is Sunday, January 25, 2009. F\ i < ./j ! i / / II .. /1 ___-- .'/ ., - ,_. ,.,.,~,.'.~") .' ;:,,1./ . .Tlt:J?;~i";;rt} -".. \'S"itt:?(!c~cdJ R:jmona HancocIt, Secl'etary Carmel Advisory Plan Commission Dated: October 27,2008 CAJlME~.~LAN CqMMISSION /) I( ~ I! '--', / /' ; . . I"~ < \ f.,,- l' ' l. . ; ,~~:f' t:J A\. M/f A ..("r 4'i? ;'/-'1l r /'7 '\,.-/'. .- -. ~_ ...,_~. ~ "',f! ~ . eo Dierckman, President /~V'v' Filename: 2008-1021 080800160A 2-524-08 PC Certification II :ld l Zl3lJiHnOZ