HomeMy WebLinkAboutZ-539-10 FAILED - SmartCodeORDINANCE Z- 539 -10
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Adopting Article 3: CARMEL SMARTCODE as part of the Carmel City Cote
Zoning and Subdivisions
WHEREAS, pursuant to the Advisory Planning Law of the State of I is a' wined in IC 36 -7 -4),
each unit of local government that wishes to adopt land use and zoning ordr an ust first approve by
resolution a comprehensive plan for the geographic area over which it has j isdicti n• .nd
WHEREAS, the Carrnel Clay Comprehensive Plan "C3 Plan 200 Do et No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Commis: 1 0 ovember 18, 2008, and duly
approved by Resolution No. CC- 05- 04 -09 -02 of the Conim.on Council y 4, 2009, and is therefore the
official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, the City wishes to promote the health
citizens, including protection of the environment, consery
in vehicular traffic congestion, more efficient use of pu
historic preservation, education and recreation, reducti r spra
environment, preservation of open space, and provision o grew
WHEREAS, pursuant to Indiana Code 36' -4 -6q2 th
of the zoning ordinance; and.
WHEREAS, pursuant to Indi
Carmel. Zoning Ordinance is incorpo
WHEREAS, the Carmel
No. 09050010 OA with a favorabl
WHEREAS, pursuant to In`
return the Carmel SmartCode Docke
Council on Thursday, January 21, 2010;
that:
na
ated
Ordinance Z- 539 -10
Page 1 01
1/22/2010
Sponsor: Councilor Ride
apter 10:
nd ge- eral welfare of the jurisdiction and its
and energy and natural resources, reduction
alth benefits of a pedestrian environment,
development. and improvement of the built
areas; and
Common Council is authorized to amend the text
0 and City of Carmel Ordinance No. D= 1600 -02,' the
into the Carmel City Code; and
mmission voted to forward the Carrel SmartCode Docket
ton to the Common Council on Tuesday, October 20,2009;
e 36 -7 -4 -607, the Carmel Advisory Plan Commission voted to
09050010 OA with a favorable recommendation to the Common
NOW, THEREFORE, BE I;' ORDAINED by the Common Council of the City of Carmel, Indiana,
Section I: The Common ouncil hereby adopts this Ordinance to add Article 3: Carmel SmartCode to
Chapter 10: Zoning a Subdivisions, of the Carmel City Code as attached hereto, pursuant to IC.36 -7-
4 -600 et seq.
Section IL: All p or Ordinances or parts thereof inconsistent with any provision of this Ordinance are
hereby repeale
Section III• his Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
5
the Common Council of the City of Carmel, Indiana this 1 day of C 2010,
by a vot:. of 0 ayes and 7 nays.
Presiding Officer
Richard L. Sharp, President Pro Tempore
Q PPos�
John V. Accetturo
d PPO�
Ronald E. Carter
ATTEST:
ATTEST:
Diana L. Cordray, y, C, Cler W-asurer
COMMON COUNCIL FOR THE CITY OF CARMEL
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2010, at .M.
Approved by me, Mayor of the City of Carmel, Indiana, this
2010, at .M.
Diana L. Cordray, IAMC, Cler reasurer
This Instrument reviewed by: John Molitor, Carmel Plan Commission Attorney
0 PPoseD
Joseph C. Griffiths
p PPoS� _b
Kevin Rider
orPose
W. Eric Seidensticker
OPPOSE
Luci Snyder
Diana L. Cordray, IAMC, Cler
James Brainard, Mayor
Ordinance Z- 539 -10
Page 2 of 2
1/22/2010
easurer
day of
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S CONSIDERATION OF
THE REJECTION TO THE PETITION OF THE CITY OF CARMEL TO
AMEND THE CARMEL ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36 -7 -4 -607
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
ATT T:
CL! 4 2/7
Ram¢na Hancock, Secretary
Carmel. Advisory Plan Commission
Dated: February 1, 2010
ORDINANCE Z- 539 -09 (Formerly Z- 535 -09)
An Ordinance to Adopt Article 3: CARMEL SMARTCODE As Part
Of Carmel City Code, Chapter 10: Zoning Subdivisions.
Pursuant to IC 36- 7- 4- 607(e)(4), the Carmel Advisory Plan Commission offers you the following report
on proposed Ordinance Z- 535 -09 (Plan Commission Docket No. 09050010 OA) to Adopt. Article 3:
CARMEL SMARTCODE as part of Carmel City Code, Chapter 10: Zoning Subdivisions.
The Plan Commission has duly considered the Common Council's rejection of Z- 535 -09, as well as the
Council's reasons for such rejection, and the Plan Commission has voted to DISAPPROVE the rejection
and also to forward the proposed Ordinance back to the Council with corrective amendments.
At its regular meeting on January 21, 2010, the Commission voted ten (10) in Favor, zero (0) Opposed,
zero (0) Abstaining, to disapprove the rejection of Z- 535 -09 and also to forward to the Common Council
the proposed Ordinance Z- 539 -09 with a Favorable Recommendation, and the following suggestions:
That the Staff of the Department of Community Services actively participate in a
further review of the SmartCode by the Council; and
That the Council consider items such as existing commitments and other
recommendations from the staff which may be responsive to public comments regarding
the SmartCode.
Please be advised that by virtue of the Plan Commission's disapproval, pursuant to IC 36-7-4
607(e)(4)(B), the Council has forty-five (45) days to confirm its rejection of Z- 535 -09. If the Council
fails to act, then Ordinance Z- 539 -09 becomes effective as Certified by the Commission. Forty -five days
from the date of this Certification (February 1, 2010) is Thursday, March 18, 2010.
2010 -0201 09050010 OA Z- 539 -09 PC ReCertification.doc
CARME A b VISORY PLAN COMMISSION
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CO
eo Dierckman, President