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Home My WebLink AboutPacket to City Countil 12-05-03 ,;,?a Ci of Carmel .~ro~ ~o DEP TMENT OF COMMUNITY SERVICES Division of Planiri'ri~-&iZb ~n~ 5 ec~mb~2- 4(,~~~~ ~ To: Carmel Common Council ~~ ~~G ~~~`"' S ~ ; ~\~~ Cc: Michael Hollibaugh, Director, DOCS'A ~~ BOG ,\~ _ Jeff Kendall, Building Commissioner, r ~S ''a ~-~' J 1,~, ~ ~~ C~ti~ From: Laurence M. Lillig, Jr., Planning & Zoning Adtrlini tra or % ~/ (, 5 C~~ Re: Ordinance No. Z-434-03 ~ ~ / ,., J Dear Council Members: The attached Ordinance contains text amendments to Section 29.04: The Director that should have been included in the body of Ordinance No. Z-419-03 -the Fee Schedule Amendment approved by the Council on November 17, 2003. Due to an oversight in the drafting of that document, these changes were omitted. The amendment to Section 29.04.02.• Improvement Location Permits, §l, puts the City in a position to adopt procedures for land disturbance permits. The amendment to Section 29.04.02: Improvement Location Permits, ~'2, will afford the Division of Building & Code Enforcement greater latitude in the materials they require to be submitted for the various types of construction activities they oversee. If you have questions regazding these comments, please contact me at (317) 571-2417. Thank you for your time and consideration. Sincerely, 5:\Ordinances\Ordinence AmendmenM2003 Z4Ja-03, 116-0] OA; Fa'table ScrivrneYS Ertod2003-1203 2434-0] Cound Memo.n[ Page 1 ~. Laur e . Lilll , Jr Planning & Zoning Administrator Department of Community Services ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-434-03 An Ordinance to amend Chapter 29: Administration, of the CarmeUClay Zoning Ordinance regazding fees. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The CarmeUClay Advisory Plan Commission offers you the following report on the application to the Commission (Docket No. 116-03 OA) to amend Chapter 29: Administration, of the CarmeUClay Zoning Ordinance regarding fees. The Carmel/Clay Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting of September 16, 2003, the Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forwazd to the Common Council the proposed Ordinance No. Z-434-03 with a Favorable Recommendation. Ordinance No. Z-434-03 is a Scrivener's Error Amendment to incorporate changes to Section 29.04: The Director that were not included in Ordinance No. Z-419-03 due to an oversight in the drafting of the document. 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 (September 26, 2003) is Thursday, December 25, 2003. AT ~ ST: f -. R mona Hancock, Secretary CarmeUClay Advisory Plan Commission Dated: Friday, December 5, 2003 CARMEL/CLAY PLAN C MMISSION BY: 7~ Marily Anders n, Vice-President S:\Ordinances\Ordinance Amendments\2003 Z-434-03; 116-03 OA; Fee Table Scrivener's Error\2003-0926; Z1i34-03; Fee Scrivener Certification.rtf Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-434-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Scrivener's Error Ordinance to Amend the Carmel/Clay Zoning Ordinance Concerning the Filing Fees to be Collected by the Department of Community Services 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 Comprehensive Plan envisions that the Department of Community Services should be substantially financed not by the taxpayers of the community, but by the revenue generated by reasonable filing fees charged to landowners and developers who wish to make zoning changes and/or construct structures on their property; 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 CarmeUClay Zoning Ordinance is 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. 116-03 Z having received a favorable recommendation from the CarmeUClay Advisory Plan Commission on Tuesday, September 16, 2003, it hereby adopts this Ordinance to amend Section 29.04. The Director of the CarmeUClay Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section I: a. Amend Section 29.04.02: Improvement Location Permits, §I-2 to read as follows: 29.04.02~rovement Location Pemuts. Unless otherwise excluded, it shall be unlawful to construct, alter, repair, remove or demolish any building or structure, or to commence the construction, or alteration of real estate, ,without fast filing a written application with the Director and obtaining an Improvement Location Permit. Ordinance No. Z-434-03 p. 1 2. Every application for an Improvement Location Permit shall, when applicable, be accompanied by: a. a Site Plan, drawn to scale, showing locations of proposed and existing improvements, easements and rights-of--way and the appropriate dimensions; b. a legal description of the real estate involved; c. a sewer or septic pemut, as appropriate; d. building elevations on all four sides of the proposed improvement; and, e. the necessary detailed construction plans. In instances where application for an Improvement Location Pemrit is made for a business, industrial, manufacturing, institution or multiple family structure, the Director may require detailed plans and information concerning vehiculaz and pedestrian traffic, parking facilities, loading facilities, lighting, fencing landscaping, water and sanitary sewage facilities, storm water drainage facilities, signage, easements, common facilities and open spaces, Administrative Building Council approvals and so forth. Section IL• 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 sigring by the Mayor. Ordinance No. Z-434-03 p. 2 Ordinance No. Z-434-03 PASSED by the Common Council of the City of Carmel, Indiana this day of , 2003, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Luci Snyder, President Pro Tempore Robert Battreall Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Kevin Kirby John R. Koven N. L. Rundle Wayne Wilson Ordinance No. Z~34-03 p. 3 Ordinance No. Z-434-03 Presented by me to the Mayor of the City of Carmel, Indiana this _ day of , 2003, at _.M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. tr434-03 Approved by me, Mayor of the City of Carmel, Indiana, this day of , 2003, at _ M. James Brainazd, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Advisory Plan Commission Attorney Carmel City Hall One Civic Square Carmel,IN 46032 Ordinance No. Z-434-03 p. 4