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CARMEL PLAN COMMISSION
MEMORANDUM-
Date: November 6, 2009
To: Plan Commission Members
From: Alexia Donahue Wold
Department of Community Services
Re: November 17 Plan Commission meeting Docket No. 09100005 OA
Enclosed is the information packet for the following item. If you have any questions, please give me a
call at 571 -2417.
Docket No. 09100005 OA: Carmel Dr Range Line Rd Overlay Amendment
The applicant seeks 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 on behalf of the Carmel
Plan Commission.
Originally adopted in 2005, the purpose of the Carmel Drive Range Line Road Overlay Zone is
to enhance the livability of Carmel by encouraging a range of activities in mixed -use buildings,
and by establishing a pedestrian oriented environment in buildings and along a streetscape which
are attractive and safely designed. Included within the Overlay Zone is a sunset provision
mandating its expiration at the end of this year. The original expiration date of December 31,
2006 has been extended to December 2009, and the Department is again asking for this date to be
extended in order to provide more time to review and adopt the Carmel SmartCode for the North
Central Carmel area.
The SmartCode is a plan for the Central Area of Carmel which will incorporate many regulations
similar to those in the Carmel Drive Range Line Road Overlay as well as some additional
requirements. The Carmel SmartCode has been given a favorable recommendation by the Plan
Commission and is now at the City Council level. It will be reviewed and possibly amended by
the Council, but may not be approved before the first of the year. If the Carmel Drive Range
Line Road Overlay Zone is allowed to expire, staff and local officials would lose a valuable tool
to help achieve the highest quality of development in the area.
2009 -1023; PC Memo.rtf
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Sponsor: Councilor
ORDINANCE Z- 5 -09
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Amending the sunset provision of the Carmel Drive Range Line Road Overlay Zone in the
Carmel Zoning Ordinance
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 Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly
approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, 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. 09100005 OA having received a favorable
recommendation from the Carmel Advisory Plan Commission on Tuesday, November 17, 2009, it hereby
adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended), to read as
follows:
Section I:
ZO CHAPTER 23F: CARMEL DRIVE RANGE LINE ROAD OVERLAY ZONE
a. Amend Section 23F.18: Sunset Provision to read:
23F.18 Sunset Provision.
This Chapter expires December 31, 20092010.
Section II: 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 signing by the
Mayor.
PASSED by the Common Council of the City of Carmel, Indiana this day of 2009,
by a vote of ayes and nays.
Prepared by John R. Molitor, Carmel Plan Commission Attorney.
11/06/2009
Ordinance Z- 5## -09
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COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Joseph C. Griffiths
W. Eric Seidensticker, President Pro Tempore Kevin Rider
John V. Accetturo Richard L. Sharp
Ronald E. Carter Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2009, at _.M.
Diana L. Cordray, IAMC, Clerk- Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2009, at .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Prepared by John R. Molitor, Carmel Plan Commission Attorney,
11/06/2009
Ordinance Z- 5## -09
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