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Home My WebLink AboutZ-483-05 As Amended ROSO IIISPONSOR(S): Councilor Richard L. Sharp ORDINANCE Z-483-05 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL INDIANA~ AMENDING CHAPTER 7 ("ROSO III") OF THE CARMEL SUBDIVISION CONTROL ORDINANCE WHEREAS, pursuant to the "Advisory Planning Law" of the State of Indiana (Indiana Code 36-7- 4), the City adopted a subdivision control ordinance (Subdivision Control Ordinance) for the geographic area over which it has jurisdiction; and; WHEREAS, pursuant to Indiana Code 36-7-4-610 and City Ordinance No. D-1600-02, the City's Subdivision Control Ordinance was incorporated by reference into the Carmel City Code; and WHEREAS, Chapter 7 of the Subdivision Control Ordinance pertains to "Open Space Standards For Major Subdivisions" ("ROSO III"); and WHEREAS, pursuant to h~diana Code 36-7-4, the Common Council is authorized to amend the Subdivision Control Ordinance; and WHEREAS, the Common Council now desires and proposes to amend ROSO Ill (the "Proposal"); and WHEREAS, Indiana Code 36-7-4-607 and 36-7-4-701 require the Proposal to be referred to the Carmel Plan Commission for its consideration and recommendation before any final legislative action may be taken thereon. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Upon proper introduction into business, the Proposal shall be forwarded to the Carmel Plan Commission for its consideration and recommendation pursuant to Indiana law. Section 3. Afle/' receipt and consideration of the Carmel Plan Commission's certified recommendation as to the Proposal, the Common Council now determines that it is in the best interests of the public and the Subdivision Control Ordinance to delete Section 7.02: Subdivision - Density Incentive, and to amend Section 7.00.03 to read as follows: "7.00.03 Major subdivisions with a gross density of .85 units per acre or less shall be exempt from the requirements of this Chapter." Page One of Three Pages Prepared by Douglas C. Haney, Carmel City Attorney SPONSOR(S): Councilor Richard L. Sharp Section 4. Chapter 7, "Open Space Standards for Major Subdivisions" ("ROSO III") of the Subdivision Control Ordinance is hereby AMENDED. Section 5. The remaining provisions of the Subdivision Control Ordinance are not affected by this Ordinance and remain in full force and effect. Section 6. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. PASSED by the Common Council ~t'c~xO, x~, 2006, by a vote of '7 of the City of Carmel, Indiana, this__Q"~day of ayes and O nays. Page Two of Three Pages Prepared by Douglas C. Haney, Carmel City Attorney SPONSOR(S): Councilor Richard L. Sharp COMMON COUNCIL FOR THE CITY OF CARMEL, INDIA/X3~ -~ ~._ . P~ding ,~f~e_r'. j / ' //os~h ~. Gfiffiths '// Fr~rflk J~la~ / Mark Ra~tX~n - ATT~6eT: Diana L. Cordray, IAMC, Clerk~asurer , .(,/ Presented by me to the'Mayor of the City of Carmel, Indiana, this (~ 4'~day of 2006, at ~o -' t2/.~ O'clock, P . M. · ' Diana L. (~'~C°rdray' IAMC,~2{lerkjreasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of ~ o~ 2006, at /~ ,' ~/,.3 O'clock, 79. M. ' J~'(es Brainard, Mayor ATTEST: Diana L.C~rdray,~AM~reasurer - b/ Page Throe of Three Pages Prepared by Douglas C. Haney, Carmel City Attorney CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE CARMEL ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-483-05~ As Amended An Ordinance to Amend Subdivision Control Ordinance, Chapter 7: Open Space Standards for Major Subdivisions (ROSO III), in order to modify the subdivision standards. 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. 05090002 OA) to Amend Chapter 7: Open Space Standards for Major Subdivisions (ROSO III) of the Carmel Subdivision Control Ordinance, in order to modify the subdivision standards. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE At its regular meeting on November 15, 2005, the Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to th-~ Comnmn Council the proposed Ordinance No. Z-483-05, As Amended 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 the original Certification (November 22, 2005) is Sunday, February 20, 2005. Ran ofih itahcock, S~cretary Carmel Advisory Plan Commission Dated: November 22, 2005 2005:1 [22; Z-483-05; ROSO Amendment PC Certification Received NOV 2005 2 2 Carmel .... Clerk. Treasurer SPONSOR(S): Councilor Sharp ORDINANCE D-1776-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA~ PROPOSING TO REPEAL THE RESIDENTIAL OPEN SPACE ORDINANCE CODIFIED AT SECTION 10-65 OF THE CARMEL CITY C, WHEREAS,'the City of Carmel bas established a and a zoning ordinance, City Ordinance No. Z-289, as amended geographic areas under its jurisdiction, pursuant to Ind ("Comprehensive Plan") Ordinance"), pertaining to the WltEREAS, ihe Carmel Common Council thereto Section 33.0, entitled "Residential Open Space Section 10-65 ("ROSO"); and Zoni, gg Ordinance by adding as h~6n codified in City Code WHEREAS, the Carmel Common from the City's Zoning Ordinance and to dele and 10-65 of the ( >eal and remove ROSO City Code (the "Proposal"); WltEREAS, Indiana Code 36 requires ordinance to be referred to a mum, lan before troy final legislative action partially repeal the text of a zoning consideration and recommendation NOW, Indiana, as follows: Common Council of the City of Carmel, Section 1. The this reference. Section 2. forwarded to the law. ,er introduction business, the Proposal contained herein shall be Commission for its consideration and recommendhtion pursuant to Indiana to Zoning ( the After receipt and consideration of the Plan Commission's certified recommendation as the Common Council now determines that it is in the best interests of the public and the to repeal and remove ROSO fi:om the Zoning Ordinance and to delete Section 10-65 of City Code. t, Section 4. Section 33.0, "Residential Open Space Ordinance Z-296" of the Zoning Ordinance is hereby REPEALED in its entirety and Section [0.65 of the Cannel City Code is hereby DELETED in its entirety. Prepared by Douglas C. Haney, Carmel Cib7 Attorney